CRIMJ100 Chapter 8-11

(T/F) Five justices, representing a majority of the United States Supreme Court, must agree to hear a case before a writ of certiorari will be issues

False

(T/F) The due process function of the court is concerned with protecting individuals from the unfair advantage that the government has with its vast resources

True

(T/F) Trial court judges issue written explanations for their decisions called opinions

False

(T/F) State trial courts with general jurisdiction may also be known as circuit courts

True

(T/F) The supreme court is the final interpreter of the constitution

False

(T/F) The adversary system involves a structured set of procedures in the presentation of evidence

False

(T/F) The courtroom work group differs from a traditional work group at a company as each participant answers to a different sponsoring agency

True

Multiple trials can result when

different state courts share jurisdiction.

Trial courts are concerned with

questions of fact

Problem solving courts include all of the following EXCEPT

Justice of the peace

(T/F) Prosecutors can be considered the most dominant figures in the American criminal justice system due to the amount of discretion they have and decision making power

True

(T/F) The Brady rule prohibits prosecutors from withholding evidence from the defense

True

(T/F) The relationship between law enforcement and the prosecutors office is symbiotic in nature

True

(T/F) Prosecutors exclusively represent police officers

False

(T/F) Conviction rates of defendants with private counsel and those represented by publicly funded attorneys are generally the same

True

(T/F) Indigent defendants may choose the attorney who will serve as their public defender

False

(T/F) The right to counsel is guaranteed in the 6th amendment

True

(T/F) Defense lawyers must be guided by their own conscience when deciding whether to defend clients who are guilty

True

(T/F) Bail for all Americans for all accused crimes is a constitutional right

False

(T/F) The plea bargaining process takes places once a guilty plea has been entered

False

A jury that is kept separate from outside contact during a trial

Sequestered

Inflicting pain of some nature or unpleasant circumstances for an offense against legal rules

Punishment

the term used that involves restricting the freedom of offenders so that they cannot offend again

Incapacitation

Written petition to a higher court's decision for the purpose of convincing the higher court that the lower court's decision was incorrect

Appeal

A penalty or sanction imposed by a court upon conviction for a criminal offense

Sentencing

An offense punishable by execution

Capital Crime

A courts legal power to hear a particular case

Jurisdiction

Based on the legal notion that being punished for criminal activity will create fear in people so that they will not want to commit a crime

Deterrence

A sentencing goal focusing on aiding the offender and changing their lives

Rehabilitation

To cause a case to be decided and settled in a court of law

Litigation

A written judicial order requiring that a prisoner's case be reviewed in court to determine if he or she is being held unconstitutionally

Habeas Corpus

__________ Circumstances will prevent a defendant found guilty of 1st degree murder from receiving death penalty

Mitigating

The minimum sanction that must be served upon conviction for a criminal offense

Mandatory sentence

A sentence that involves supervision in the community

Probation OR Parole

Term used for repeat offending

Recidivist (recidivism)

The offender is given a range of time he can serve such as 5-7 years, dependent on his behavior in prison

Indeterminate sentencing

Reports that provide the court with a basis for making a sentencing decision

Pre-sentence investigation report (PSI)

A compromise reached by the defendant and prosecutor in which the defendant agrees to plead guilty in return for a deduction of some nature

Plea Bargain

the ultimate form of incapacitation

Death penalty

Much of the increase in prisons have been due to this offense

Drug violation

The list/pool from which jurors are chosen

Venire

To see, to speak in french

voire dire, process to select a jury for a specific case

A judge's ruling that declares a trial invalid

Mistrial

The power of a criminal justice official to make decisions on issues within legal guidelines

Discretion

A jury that is unable to reach a verdict

hung jury

Implies an eye for an eye, sentencing philosophy

Retribution

concurrent jurisdiction

two or more courts have jurisdiction over the same criminal case

extradition

transfer of an offender to another legal authority

trial courts

original jurisdiction, or they hear the case for the first time. They decide whether a person committed a crime and what the punishment should be. They also provide a peaceful way to decide private disputes that people cannot resolve themselves.

appellate courts

appellate jurisdiction, or they only review a case that has already been tried

opinions

appellate judges present written explanation of their decision

Due Process Function

protect the individual from the power of the state

Crime Control Function

punishment and retribution to protect society

rehabilitation function

criminal is "sick" and treatment is morally justified

bureaucratic function

efficiently hear cases and settle disputes

magistrate cases

limited jurisdiction, jurisdiction in a geographical area, hear misdemeanors cases

U.S district courts

hear federal cases

U.S court of appeals

reviews lower court decisions

U.S Supreme Court

Interpret the law/highest court

Judicial Review

court review of the actions of the executive andlegislative branches to ensure they act within the U.S. Constitution

statutory interpretation

clarify the meaning and application of laws

writ of certiorari

highest court requests records from a lower court

Majorities

the most senior justice of the majority will assign the task ofwriting the courts opinion

plurality

justices agree on the decision, but for different reasons

concurrent opinions

justice opinion with different reasoning as majorityopinion

dissenting opinions

justice opinion outlining reasons the majority, intheir opinion, was wrong

How many justices make up the supreme court?

9

Members of the U.S supreme court

Roberts, Thomas, Breyer, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Coney Barrett (RTB, ASK, GKC)

docket

courtroom calendar of cases

Appointment of federal judges

president submits a name and Senate has to approve

Appointment of state judges

most are elected

Rule of four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Problem solving courts

1. Drug Court

2. Juvenile Court

3. Domestic Violence courts

4. Family courts

5. Veterans courts

duty of fairness

not just to win cases, but to see that justice is done

Strickland Standard

U.S. Supreme Court set a standard for inadequate defense counsel; to prove this standard the defendant must show:

▪ Defense attorney's performance was deficient

▪ The deficiency more likely than not caused the defendant to lose the case

Attorney-Client Privilege

Rule of evidence requiring communication between an attorney and client isconfidential unless the client consents to disclosure

Exception to attorney client privilege

Attorneys can disclose information toldt o them by a client if it involves a crime that has yet to be committed; only crimes that are ongoing or will occur in the future

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Preliminary hearing

Defendant appears before a judge who determines if there is probable causeto proceed with a trial

Mini-trial

prosecution and defense can present testimony and witnesses tothe judge

Discovery

process where each side can evaluate the evidence the otherside is going to present as evidence

indictment

Written charge, issued by a grand jury, that probable cause exists to believethe defendant committed the alleged crime

case attrition

Process where prosecutors decide which cases to prosecute; this reducesthe number of persons prosecuted

Arraignment

court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment

Nolo contendre

Latin for "I will not contest it," not an admission or guilt,nor a denial of guilt

About ____ % of criminal convictions in state courts are plea bargains

97

The Boykin Form

requires the defendant make a clear statement to thecourt that they are willing to take the plea bargain

Faulty advice

if a defendant rejects a plea bargain because of bad advice from their defense counsel, they can argue inadequate counsel and have another chance to accept the plea bargain.

Three considerations a judge must deliberate when setting bail

1. Uncertainty about the defendant

2. Risk of repeat offending

3. Overcrowded jails

Responsibilities of defense attorney

− Investigate the incident the defendant has been charged with

− Communicate with the prosecutor and negotiate plea bargains

− Prepare for trial− Submit motions to the court, to include motions to suppress evidence

− Represent the defendant in trial

− Negotiate sentencing

− Determine whether to appeal a guilty verdict

Responsibilities of a prosecutor

▪ Decide whether an arrestee will be charged with a crime

▪ Decide the level of charges

▪ Decide if and when to stop the prosecution

Sixth amendment

Right to a speedy and public trial

Statute of limitations

Limits the time a defendant can be charged for certain crimes. Murder has none, and felonies have a longer one.

Bench trial

A trial in which the judge alone hears the case

Jury size

12

Acquittal

Defendant is not guilty and is absolved from the charges

Fifth amendment

Protects against self-incrimination and double jeopardy.

batson reversal

U.S. Supreme Court found it unconstitutionalto peremptorily challenge jurors solely due to race.

Challenge for cause

legally justifiable reason why a juror is unfit to serve on the jury

peremtory challenge

juror is excused from the jury for subjective reasons by the prosecution or defense; usually limited to a certain number by the court