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These flashcards cover the dual court system, key courtroom players, the bail process, landmark Supreme Court cases regarding the right to counsel, jury selection procedures, and issues of racial and ethnic disparity in the U.S. legal system.
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What two entities make up the dual court system?
State and federal courts
Who are the three main players in the courtroom?
Judge, prosecutor, defense attorney
What is the definition of the courtroom workgroup?
The collaborative dynamic among judges, prosecutors, defense attorneys, and court staff that influences how cases are processed
What percent of cases result in plea bargains?
95%
How do Native American courts compare to traditional U.S. courts?
They emphasize Native American customs and practices and have limited jurisdiction
What are the three criteria for jurisdiction in Native American courts?
Which racial/ethnic group has experienced the most discrimination in the U.S. court system?
African Americans
What racial/ethnic group experiences the greatest disadvantage in the bail process?
Latinos
What main disadvantages do Latinos experience in the court system?
Language barriers, “flight risk,” and the legacy of cases like the Sleepy Lagoon case
What is meant by the “model minority” in the context of the criminal justice system?
The concept that Asians experience less punitive treatment, even when compared to Whites
What was the Scottsboro Boys case?
A case where 9 African American boys were accused of raping two white women on a train in Alabama; all were tried and convicted, with eight sentenced to death
Is bail guaranteed by the U.S. Constitution?
No
Which U.S. Amendment states that the monetary amount for bail cannot be excessive?
8th Amendment
What is financial (cash) bail?
A specific amount of money a defendant pays to be released before trial; it is returned if they show up to court dates and forfeited if they do not
What is nonfinancial bail?
Release that does not require money upfront; the defendant promises to return for court, often with conditions like checking in with a probation officer
What is emergency bail?
Bail granted quickly in urgent situations, such as medical emergencies, allowing release without the usual process
What is the importance of bail in relation to conviction?
Studies show that people who make bail are less likely to be convicted
Is socioeconomic status important for bail?
Yes, it influences release likelihood
What are the two legal factors considered in court outcomes?
Current charge and prior criminal history
What are extralegal factors?
Any characteristics other than legal factors that may affect outcomes, such as age, race, gender, and educational attainment
What was the ruling in Powell v. Alabama (1932)?
The Supreme Court ruled the right to counsel is essential for a fair trial and states must provide an attorney to defendants who cannot afford one in capital cases
What was the ruling in Gideon v. Wainwright (1963)?
The Supreme Court extended the right to counsel to all felony cases, requiring states to provide attorneys based on the Sixth Amendment
What was the ruling in Argersinger v. Hamlin (1972)?
The Supreme Court ruled that defendants have the right to counsel in misdemeanor cases if imprisonment could be imposed
What strains do public defenders face?
High caseloads, less time spent with clients, and lack of financial resources
Does having a public defender affect conviction rates?
There are mixed results in research
What are potential advantages of having a public defender?
They rely heavily on plea bargains, suggesting better relationships with prosecutors which may lead to better plea deals
Does research suggest a disparity in plea deals based on race?
Yes, research suggests that Whites receive better deals than non-Whites
What barriers prevent minorities and women from serving on juries?
Transportation difficulties, childcare, and difficulty taking time off work
peremptory challenges
In jury selection, what are challenges for cause?
Challenges that require specific reasons to dismiss a juror; these are unlimited
Can peremptory challenges be used to remove jurors based on race?
No, this was established in Batson v. Kentucky (1986)
Which racial/ethnic group is most likely to be struck from a jury?
African Americans
What is jury nullification?
Finding a person not guilty when evidence indicates guilt, based on the belief that the law itself is unjust
What are drug courts and how do their costs compare to traditional courts?
Specialized courts focusing on rehabilitation; they are generally cheaper due to reduced recidivism
How do drug courts affect recidivism rates?
They can effectively reduce recidivism rates compared to traditional U.S. courts
What is cumulative disadvantage?
The idea that small disadvantages throughout the court system (bail, charging, defense quality) add up to affect final sentencing and sanctions