cjl4038 exam 3 study guide

What is the Justice Gap?

The disparity where wealthier individuals can meet their legal needs more effectively compared to low/middle class individuals.

According to the American Bar Association in 2004, how many unmet legal needs does an average low/middle class person face per year?

2-3 unmet legal needs.

What are some common areas of unmet legal needs?

Housing, safety, healthcare.

What is the most common response by individuals to their unmet legal needs?

To do nothing or attempt to remedy the situation themselves.

What are some reasons for not seeking legal help?

Expense, taking time off work, skepticism of lawyers and courts, belief in self-handling.

What is the result of the Justice Gap in the civil justice system?

A system stratified by resources.

What percentage of low/middle class people report happiness when using the civil justice system?

Over 50%.

How does having a lawyer impact the chance of winning a case in domestic violence and mortgage foreclosure actions?

Victims are 2x more likely to get a restraining order when represented by a lawyer.

What percentage of Americans believe lawyer fees are fair?

Less than 5%.

What are some critiques related to lawyer fees?

Double billing, charging for learning new areas of law, and issues related to social media promotion.

What efforts are being made to close the Justice Gap?

Increasing access to legal services for those who wouldn’t otherwise use them.

What is one pros of legal advertising?

Evidence that advertising increases competition in the market and decreases prices for consumers.

What is one con of legal advertising?

Those who advertise are often labeled as less competent.

What are contingency fees?

Fees paid to a lawyer as a percentage of the settlement instead of by the hour.

What does 'You don’t pay unless you win' mean in the context of contingency fees?

If the case is won, the lawyer takes a percentage of the winnings.

What is one pro of contingency fees?

They allow individuals without funds to access courts.

What is a major concern with contingency fees?

Lawyers may prioritize cases with larger damages.

What are group service legal plans?

Plans where you pay a fee for reduced-rate legal assistance when needed.

What is a pro of group service legal plans?

They provide peace of mind and cheaper access to legal advice.

What is a con of group service legal plans?

You pay for something even if you don’t use it, and quality control is often lacking.

What is pro bono work?

Donation of time and expertise by lawyers to individuals in need.

How many hours of pro bono work should lawyers ideally contribute per year?

50 hours.

What is the significance of Gideon v Wainwright (1963)?

Guaranteed the right to an attorney during felony prosecutions for those who cannot afford one.

What does the Sixth Amendment guarantee?

The right to counsel.

What was the ruling in US v. Wade (1967)?

Right to counsel applies not just at trial but at any critical stage.

What is the Strickland Test?

A two-prong test to determine ineffective assistance of counsel.

What are the two prongs of the Strickland Test?

Counsel's performance was below objective standards, and but for the errors, the result would have been different.

What is the role of defense counsel?

To uphold the constitutional rights of defendants.

Who are public defenders?

Government-salaried employees whose sole job is to represent indigent defendants.

What percentage of indigent people are represented by public defenders?

79%.

What is a common argument regarding public defenders vs. private lawyers?

Public defenders are often viewed as less engaged and effective than private lawyers.

What is plea bargaining?

Negotiation where a defendant pleads guilty in exchange for a lesser charge or reduced sentence.

What are the primary predictors of prosecutorial decision-making?

Strength of evidence, victim cooperation, and defendant's criminal history.

What is the purpose of rehabilitation in the context of punishment?

To provide programs or education to lower the likelihood of reoffending.

What does the concept of deterrence in punishment suggest?

Punishment serves as a deterrent to potential criminals by providing disincentives to engage in crime.

What is incapacitation in the context of punishment?

Justifying punishment on the grounds that it physically stops individuals from committing crime.

What did the War on Drugs contribute to in America?

Significant increases in incarceration rates.

What are some of the primary institutions of penal confinement?

Federal prisons, state prisons, and local jails.

What is the impact of plea bargaining on the criminal justice system?

Allows for rapid resolution of cases and ensures high conviction rates.

What does Blackstone's formulation suggest about justice?

It is better that ten guilty persons escape than that one innocent suffer.

What is meant by 'justice gap'?

The inequality in legal access and effectiveness between wealthy individuals and those from lower socioeconomic backgrounds.

How did the criminal justice system respond after Gideon v Wainwright?

Every state had to provide counsel to eligible people, often through assigned counsel, contract counsel, or public defenders.

What is the difference between factual and legal guilt?

Factual guilt pertains to whether a person committed the crime, while legal guilt refers to whether they can be convicted under law.

What role do appellate courts serve after a trial?

They review legal issues, such as whether the law was applied correctly.

What are common procedural postures for appeal?

Error in jury instructions, motions to dismiss, and evidentiary rulings.

What are the primary goals of the punishment theories discussed?

To deter crime, rehabilitate offenders, and incapacitate dangerous individuals.

What does the criminal process begin with?

An investigation that leads to an arrest.

What is 'mens rea'?

The mental state or intent of a person when committing a crime.

What does 'actus reus' refer to?

The physical act of committing a crime.

What happens during a trial in the context of the criminal justice system?

Defendant confronts evidence, cross-examines witnesses, and presents their case.

How does the prosecution's burden of proof work in criminal cases?

The prosecution must prove the defendant's guilt beyond a reasonable doubt.

What are 'attendant circumstances' in criminal law?

Specific contexts that must be present for certain crimes to be committed.

What can lead to a motion to dismiss a case?

Arguments that no reasonable juror could find the charge proven beyond a reasonable doubt.

What is the purpose of a statute in the context of criminal law?

To define what constitutes a crime and prescribe penalties for legal violations.

How did the passage of the War on Drugs affect incarceration rates?

Led to severe increases in incarceration through policies focused primarily on drug offenders.

What did Alaska's plea bargaining policy seek to address?

To eliminate plea negotiations that distorted the process of arriving at a guilty plea.

What was an unexpected outcome of Alaska's plea bargaining policy?

The criminal justice system did not collapse, and sentencing disparities increased.

What is the impact of changes in crime rates on incarceration trends?

Incarceration rates continued to rise even as crime rates fell in the 1990s.

What were the effects of Phase 1 policies in the 1970s-1980s regarding sentencing?

Increased certainty and fairness, leading to mandatory sentencing guidelines.

What characterizes Phase 2 of criminal justice policy changes?

Ratcheting up penalties and introducing harsher laws like mandatory minimums.

What does the timeline of policies during the War on Drugs reflect?

A complex approach to drug enforcement varying by jurisdiction and time.

What challenges exist in obtaining accurate numbers for local jail populations?

High turnover rates and transient populations.

What is a central tenet of rehabilitation as a punishment theory?

That punishment should focus on changing behavior to prevent future crimes.

What are the three primary institutions of penal confinement described?

Federal prisons, state prisons, and local jails.

What role does the jury play in the criminal trial process?

The jury serves as the finder of fact and applies the law as instructed by the judge.

What is the purpose of the criminal law’s focus on intent?

To differentiate between varying levels of culpability in crimes.

How does the civil justice system work for those without resources?

Through public defenders, assigned counsel, and pro bono work.

What is a fundamental aspect of the adversarial system in the criminal process?

The presumption of innocence until proven guilty.

What is required for plea bargaining to be effective?

It needs to provide benefits to all involved: defendants, prosecution, and judiciary.

Why is public prosecution significant in the justice system?

It holds the government accountable for maintaining public order and safety.

What were the anticipated outcomes of the War on Drugs?

Increased drug-related arrests and penalties.

What is the relationship between income levels and access to legal services?

Lower income levels correlate with greater unmet legal needs.

What does the term 'plea leakage' refer to?

Cases being dismissed or not going to trial due to reforms restricting plea agreements.

What is the significance of 'general deterrence'?

Punishing individuals to deter others from committing similar crimes.

What does the 'marginal deterrent effect' compare?

The effectiveness between different threats or penal measures.

What criticisms exist around the effectiveness of public defenders?

They are often viewed as less effective due to workloads and less engagement compared to private lawyers.

How does the legal definition of a crime typically differ across jurisdictions?

Definitions can vary based on local laws, enforcement priorities, and judicial interpretations.

What does societal belief in self-handling legal matters suggest about access to legal services?

It reflects skepticism towards legal representation, contributing to unmet needs.

How has the public perception of lawyers impacted the justice system?

Negative perceptions about fairness and competence may discourage seeking legal assistance.

What role does legal education play in access to the justice system?

Greater legal knowledge can enhance access and fairness but may be limited by economic barriers.

What is one solution proposed to address the Justice Gap?

Increasing outreach and education about available legal resources and services.

How does the civil justice system address inequities in legal representation?

Through policies such as pro bono work and community legal assistance programs.

What role does case backlog play in the criminal justice system?

It can hinder timely justice and exacerbate the challenges faced by public defenders.

What impact does socioeconomic status have on a person's experience in the justice system?

Lower socioeconomic status can lead to less favorable outcomes and limitations on legal resources.

What is the purpose of the Model Rules of Professional Conduct regarding pro bono work?

To encourage lawyers to contribute to providing legal services for those in need.

What can hinder the effectiveness of legal aid services?

Funding limitations, staffing issues, and high demand for services.

What is one argument for maintaining plea bargaining?

It helps clear cases efficiently and facilitates judicial economy.

How has the public's view on pro bono work changed over time?

There's increasing recognition of its importance, though participation remains low.

What is the intended outcome of the Strickland Test in evaluating legal counsel?

To determine whether a defendant's rights were violated due to ineffective assistance.

What critical rights are highlighted through the legal representations in the criminal process?

The right to a fair trial and the importance of adequate legal representation.

How do social perceptions of the legal profession impact the accessibility of legal resources?

Negative perceptions may deter individuals from seeking help, worsening the Justice Gap.

What are potential long-term effects of incarceration on individuals and communities?

Increased recidivism, social stigma, and disruptions in community structure.

What are some primary criticisms of the current bail system?

It disproportionately affects lower-income individuals, often leading to pretrial detention.

How important is public awareness and education about legal rights?

It's crucial for helping individuals navigate the justice system and preventing unmet legal needs.

What responsibility do legal professionals have in addressing the Justice Gap?

To actively engage in providing accessible legal services and advocate for reform.

What common misconceptions exist about public defenders?

They are often assumed to be less competent than private attorneys, despite their training and commitment.

What role does local government play in addressing mass incarceration?

Local policies can significantly influence enforcement practices and sentencing guidelines.

How does demographic representation in the legal field affect public trust?

A lack of diversity may lead to distrust among underrepresented communities in the justice system.

What is the goal of legal insurance plans?

To provide affordable access to legal services for individuals and families.

What effects do mandatory minimum sentences have on the justice system?

They limit judicial discretion and can result in disproportionately harsh penalties.