criminal courts midterm

What principle is the United States government based on that distributes governmental power between national and state governments?

federalism

What term is used to describe the separate state and federal courts in the United States?

dual court system

Which type of court hears evidence and sentences defendants?

trial courts

How are the majority of state judges chosen?

they are elected or by merit or appointment

What term is used to describe a trial by a judge without a jury?

a bench trial

Which federal court has original jurisdiction over disputes between states?

the supreme court

What is the name given to the particular location or area in which a court having geographic jurisdiction may hear a case?

venue

Which type of courts do not hear witness testimony and have a group of judges making decisions?

appellate courts

Which Article of the U.S. Constitution provides the basis for the federal judiciary?

article III

Which courts are tribunals created by Congress to handle specialized types of cases?

article I courts

What does the U.S. Supreme Court issue when it agrees to hear a case on appeal?

a writ of certiorari

The United States has how many U.S. District Courts?

94

What type of court order temporarily suspends activity on a case?

a stay

What does the Rule of Four refer to?

the number of justices required to vote in favor of granting certiorari to review a case

The United States Supreme Court occasionally issues emergency stays. What term is used to describe these collective orders?

the shadow docket

During the earliest periods of the American colonies, who resolved disputes and made laws?

governors

What is the most prevalent type of case heard in small claims court?

debt collection

Which of the following describes a trial de novo?

an appeal where the court conducts an entirely new trial

What are the urban counterparts of the justice of the peace courts?

municipal courts

What term was initially used for community courts?

justice of the peace courts

In the video, about the Courthouse complex, what does CJF stand for?

criminal justice facility

The Brady List that was discussed, refers to the list of individuals wanted by the US Marshalls. (true or false)

true

Where was the first juvenile court created?

cook county, illinois

Juvenile courts’ interventions in the lives of children and families were based upon what legal doctrine?

Parens patriae

What movement denounced the evils of child labor and pushed for legislation banning the practice?

the progressive movement

From the outset of the juvenile court system, what was its guiding philosophy?

do what is in best interests of the child

In contrast to the criminal courtroom work group, in the juvenile courtroom work group:

probation officers play greater role

The terminology in juvenile court reflects that it is based on:

civil law

Which of the following elements do many people feel is essential to meet the key goal of working with children to prevent future criminal behavior?

secret proceedings

What starts the process of a delinquency case?

a referral

What is the equivalent to a preliminary hearing in a juvenile proceeding?

a conference

What standard of proof is required to prove a status offense at an adjudicatory hearing?

preponderance of the evidence

Automatic waivers are built on what premise?

juveniles prosecuted as an adult are now always considered an adult

You are a prosecutor in a state that allows you the option of filing a delinquency position in juvenile court or filing criminal charges in adult court. What kind of waiver is this?

prosecutorial waiver

You are a public defender in an office that deals with many cases. In order to dispose of them more quickly, you conduct the initial interview with the defendants, and then another public defender represents them at the initial appearance. What is this an example of?

assembly line justice

Although a prosecutor may believe that a given defendant violated the law, they may decide against moving forward with prosecution based on a belief that no jury would come back with a guilty verdict. This represents a discretionary decision based on:

legal judgement

What is one of the main downsides of having a legal system that relies on discretion?

the courtroom work group will abuse their authority

What term describes a defense attorney who engages in hostile relations with prosecutors?

maverick

Who has the primary responsibility for establishing and enforcing professional standards of conduct?

state supreme court

what is the role of the prosecutor?

role bridges all phases in the criminal legal process, work with all courtroom actors 

what issue did Chesa Boudin, public defender, highlight?

demonstrates the power associated with prosecutors in the legal system, city residents causing him to lose reelection bid

does prosecutorial misconduct occur?

yes and often goes unpunished, but misconduct may result in conviction being overturned

types of misconduct within prosecution

Discovery, Discrimination in jury selection, Improper opening statements, Improper examination of witnesses, Improper closing arguments

most important discretionary decision made by prosecutors?

charging decisions

vertical decentralization

one attorney does all for one case, small law firms

horizontal decentralization

specified sections for each attorney, larger law firm

important entities within federal courts

solicitor general, criminal division, U.S. attorneys & their assistants

3 overlapping prosecutorial entities in state prosecution

state attorney general, chief prosecutor, local prosecutor

why shortage of prosecutors?

since the COVID pandemic, distrust of law enforcement

ethics in prosecution

they must seek justice, not just convictions, absolute immunity in acts of good faith and not in violation of the law

right to counsel before 1963

the sixth amendment framers were originally concerned with the government preventing the accused from obtaining a private attorney 

the right to counsel after 1963

in re Gault (1967) extended the right of indigent defense to juvenile court proceedings, defendant is entitled to legal counsel at every stage where the rights of the accused may be affected, i.e. once adversarial proceedings have begun 

Gideon v. Wainwright (1963) 

establishes that state courts must provide attorneys to criminal defendants who cannot afford one, strengthening the Sixth Amendment right to counsel