criminal justice ch 9-12 study guide

Federal courts handle crimes such as?

Counterfeiting and drug smuggling

Compared to federal courts, state systems handle?

More than ten times the number of offenders

Jurisdiction refers to?

Range of a court's authority

Which is NOT one of the judge's three additional roles?

Legislator

As an adjudicator, the judge acts as?

An unbiased referee between prosecution

and defense

Historically, who has predominantly become judges?

White men with political

connections

Approximately what % of state judges are women?

30 to 35%

Which method involves voters choosing judges WITH party affiliation listed?

Partisan election

The pretrial process is designed to?

Move defendant through or filter them out

Arraignment is?

A formal court appearance where charges are read and plea is entered

Approximately what % of criminal cases go to trial?

A small percentage

Bail system is primarily based on?

Seriousness of crime, defendant's record, and

prosecutor's recommendations

Bail agents/bondsmen are?

Business owners who collect a percentage of bail

Release on recognizance assumes the defendant has?

Family, job, or community ties

Approximately how many people are in American jails on most days?

700,000

Pretrial detention occurs when?

Bail cannot be met or the judge denies bail

In most states, prosecutors are?

Elected to a four-year term

Which is NOT one of the four prosecutor roles?

Defense advocate

Which factor should prosecutors consider per DOJ guidelines?

The nature and seriousness of the offense

Legal sufficiency asks?

Is there enough evidence to prosecute?

Prosecutors interact with whom during decision-making?

All players in the system

Defense attorney's primary duty is to?

Protect constitutional rights

Much of the defense attorney's work involves?

Preparing clients for the likelihood

of conviction

Gideon v. Wainwright (1963) established?

States must provide right to counsel

for poor people charged with serious crimes

A public defender is?

A government-hired, full-time, salaried attorney to

represent indigents

Main function of the courtroom workgroup?

To require constant interaction, cooperation, and negotiation

Who is 'the lead actor' in the courtroom workgroup?

The judge

The 'going rate' refers to?

The appropriate sentence for a particular crime in a

local court

What is a plea bargain?

A negotiated settlement between the prosecution and

defense

In what % of cases does plea bargaining occur?

The vast majority of cases

Which case established that defendants must say they are voluntarily pleading guilty?

Boykin v. Alabama (1969)

Burger said plea bargaining is 'highly desirable' for all EXCEPT?

Guarantees longer sentences

One major criticism of plea bargaining?

Defendants give up their right to trial by jury

When California tried to ban plea bargaining for serious felonies, what happened?

It didn't disappear but happened earlier in the process

The 'penalty of trial' refers to?

The risk of receiving a harsher sentence by going

to trial instead of pleading guilty

Which offense has the highest % of cases going to trial?

Homicide

What % of drug offense cases go to trial in state courts?

1%

How many vital jury functions are identified?

Six

Which is NOT one of the vital jury functions?

Determine the sentence

How many steps in the typical trial process?

Eight

What is the FIRST step in the trial process?

Jury selection

During jury selection, what is voir dire?

The examination process to remove potential jurors

Jurors with higher social status tend to?

Have more influence on jury deliberations

What is a hung jury?

A jury that cannot reach a unanimous verdict

Successful appeals typically result in?

The case being remanded to lower court

Habeas corpus petitions assert that?

The defendant's federal constitutional rights were violated

Recent court rulings have made habeas corpus petitions?

More difficult to succeed

Retribution as a goal of punishment?

Deserved punishment matched to the seriousness of the crime

General deterrence aims to?

Serve as an example to the public

Incapacitation seeks to?

Prevent the offender from committing future crimes by

imprisonment

Restorative justice views crime as?

A tear in the fabric of the community

Since 1980, Americans in prisons and jails have?

Quadrupled

An indeterminate sentence specifies?

A minimum and maximum length of time

A determinate sentence specifies?

A certain length of time to be served

Mandatory sentences are?

Set by statute with a minimum time that must be

served

Good time refers to?

Days subtracted from a sentence for good behavior

Truth in sentencing laws typically require offenders to serve?

85% of their sentence

For murder cases, mean time served is approximately?

About half the mean sentence

Intermediate sanctions are?

More restrictive than probation but less severe than

incarceration

Which is NOT typically an intermediate sanction?

Life imprisonment

Shock probation involves?

Short incarceration followed by probation

Per Table 12.2, which intermediate sanction offers the greatest savings compared to prison in Florida?

Supervision with GPS monitoring

Misdemeanor courts are characterized by?

Assembly-line justice

A presentence report is typically prepared by?

The probation office

Sentencing guidelines were designed to?

Limit judges' discretion and reduce disparity

Sentencing guidelines shift power from?

Judge to prosecutor

Death penalty was suspended by the Supreme Court from?

1968-1976

Which case reactivated the death penalty?

Gregg v. Georgia

Atkins v. Virginia (2002) — which group cannot be executed?

People with intellectual disabilities

Roper v. Simmons — offenders cannot be executed for crimes committed before age?

18

Which region has the most death row inmates?

South

Which racial group makes up the largest % of death row?

White and African American (roughly equal at 42-43%)

How many DNA exonerations have occurred since 1973?

157

Death-qualified juries refer to?

Juries where members aren't excluded solely for opposing capital punishment

How many states compensate those wrongly convicted?

29 states