CRJU 233

What percentage of all criminal arrests do murder and nonnegligent homicide cases account for?

Less than 1/10 of 1%.

In what fraction of murder cases is the death penalty sought?

In only a small fraction of murder cases.

What is the CSI effect?

A phenomenon where juries expect sophisticated forensic evidence in even mundane cases due to forensic science programs on television.

How much does the U.S. spend annually on the criminal justice system?

$265 billion.

What are the two main components of the criminal justice system besides courts?

Police and Corrections.

How many arrests do police make annually in the U.S.?

13 million arrests.

How many people are supervised by corrections in the U.S.?

7 million people, with 2.2 million in prison or jail.

What are the three components of the criminal justice system?

Courts, Police, and Corrections.

What is the nature of the relationship between courts and other components of the criminal justice system?

They are interdependent and fragmented.

What complicates the fragmentation within the criminal justice system?

The principle of federalism.

What can cause tensions and conflicts within the criminal justice system?

The structural arrangement of the system and conflicting goals among components.

What is the structure of the U.S. court system?

A dual court system divided by function into Trial Courts, Appellate Courts, and the United States Supreme Court.

What is the primary function of trial courts?

To hold trials, swear jurors, and question witnesses.

What types of cases do major trial courts handle?

Final phases of felony prosecutions.

What is the role of appellate courts?

To review decisions made by trial courts without holding trials or hearing witnesses.

What is the difference between trial courts and appellate courts?

Trial courts conduct trials; appellate courts review trial decisions.

What happens during an appellate court session?

Lawyers argue over previous cases.

What is the significance of the dual court system in the U.S.?

It reflects the division of responsibilities and functions within the judiciary.

What is a major challenge faced by the criminal justice system?

The interaction and evaluation of different components leading to potential conflicts.

How does popular culture influence the legal system?

Changes in society manifest in courthouses, affecting legal proceedings.

What is meant by the term 'fragmented' in the context of the criminal justice system?

It refers to the complexity and lack of cohesion among the various components.

What are the two levels of appellate courts created by the federal government and most states?

Intermediate courts and supreme courts.

What is the primary role of the U.S. Supreme Court?

It serves as the court of last resort and hears cases that impact society as a whole.

How many cases does the U.S. Supreme Court usually hear each year?

Fewer than 85 cases.

Who are the most important actors in the courthouse?

Prosecutors, defense attorneys, judges, defendants, and victims.

What are some roles included in justice professionals within the courthouse?

Police, court support staff, corrections officials, and members of the public.

What are the steps in a typical felony prosecution?

Arrest, initial appearance, bail, grand jury or preliminary hearing, arraignment, discovery, pretrial motions, plea negotiations, trial, sentencing, and appeal.

What is the basis of law as defined in the notes?

Human conflict.

What are the four key elements defining law?

1. Law is a body of rules. 2. Law is enacted by public officials. 3. Law is enacted in a legitimate manner. 4. Law is backed by the force of the state.

What is the distinction between judge-made law and legislative law?

Judge-made law is primarily found in constitutional law and is about interpreting existing laws, while legislative bodies define laws.

What does 'Stare Decisis' mean?

It translates to 'let the decision stand' and refers to the practice of following previous court decisions with similar facts.

How does following precedent promote fairness in the judicial system?

It ensures consistency in judicial decision-making and provides a cautious approach to problem-solving.

What is the significance of common law tradition in contemporary statutory definitions?

Contemporary statutory definitions often reflect their common law heritage.

What types of participants are considered regular participants in the courthouse?

Bail agents, reporters, social services personnel, and select expert witnesses.

Who are considered irregular participants in the courthouse?

Defendants, victims, witnesses, jurors, and victim advocates.

What is the role of appellate courts in the American legal system?

They are important sources of law, primarily finding rather than making law.

What is the importance of understanding how cases were interpreted in the courts?

Courts must know how cases were interpreted to ensure proper application of law.

What is the purpose of pretrial motions in a felony prosecution?

To address legal issues before the trial begins.

What is the role of plea negotiations in the prosecution process?

To potentially resolve the case without going to trial.

What happens during the arraignment step in a felony prosecution?

The defendant is formally charged and asked to enter a plea.

What is the significance of discovery in the prosecution process?

It allows both sides to gather evidence and prepare for trial.

What is the role of corrections officials in the justice system?

They manage probation, jails, prisons, and rehabilitation programs.

What are the four main sources of American law?

Constitutions, Statutes, Administrative regulations, and Judge-made law.

What do constitutions establish in terms of governance?

They create guidelines for establishing government, define the powers of government branches, limit governmental power, grant rights to citizens, and specify how officials are selected.

How are federal judges appointed?

Federal judges are appointed by the President and confirmed by the Senate.

What are statutes and how are they created?

Statutes are rules enacted by state or federal legislatures through the legislative process, referred to as statutory law.

What are local government rules commonly called?

Municipal ordinances.

What is the role of administrative agencies in law?

Administrative agencies are created by the legislature and have the power to enact regulations that have the force of law.

Give examples of administrative agencies that create regulations.

Internal Revenue Service, state boards, and zoning boards.

What is judge-made law?

Judge-made law refers to court decisions that interpret and apply laws, also known as case law.

Why is case law important?

Case law is vital in determining the meaning of other sources of law.

What is the burden of proof in the adversary system?

The burden of proof is on the prosecutor to prove guilt beyond a reasonable doubt.

What safeguards are included in the adversary system?

Cross-examination, diffusion of power, presumptions and inferences, and burdens of proof.

What rights are granted to the accused in criminal proceedings?

The right to remain silent, the right to have a trial by jury, and the right to counsel.

What does the adversary system aim to prevent in crime prevention?

It aims to prevent violations of individual rights and liberties.

What is the significance of the Sixth Amendment in the adversary system?

It guarantees the right to cross-examine witnesses.

How do legislatures and courts differ in law-making?

Legislatures pass laws openly, while courts make laws more timidly on a case-by-case basis.

What type of law primarily consists of judge-made law?

Law governing personal injury and procedural matters such as rules of evidence.

What is the purpose of restrictions on government power regarding the accused?

To ensure crime prevention occurs without violating individual rights and liberties.

What is the difference between the burden of production and the burden of persuasion?

The burden of production involves producing evidence, while the burden of persuasion involves convincing the court of a claim.

What is the role of presumptions and inferences in the adversary system?

They relate to the concepts of sanity and innocence in legal proceedings.

What is the impact of the right to counsel in criminal proceedings?

It ensures that the accused has legal representation during their trial.

What does Due Process ensure in legal proceedings?

Fundamental fairness, notice of charges, a chance to present one's side, and non-arbitrary government procedures.

What are the key amendments related to Criminal Procedure in the Bill of Rights?

Fourth Amendment (Search and Seizure), Fifth Amendment (Double jeopardy, self-incrimination), Sixth Amendment (Speedy, public, fair trial), Eighth Amendment (Excessive bail, fine, cruel and unusual punishment).

What are the main categories of law covered in the Introduction to Criminal Law?

Civil law, Contracts, Torts, Domestic relations, Property, Criminal law (including Felonies, Misdemeanors, Violations).

What are the essential elements of a crime?

Corpus Delicti, Actus reus (Guilty act), Mens rea (Guilty intent), Union of Act and Intent, Attendant Circumstances, Results.

What are some common criminal defenses?

Alibi defenses, Mistake of fact, Necessity, Defense of justifications (self-defense), Procedural defenses, Defense of excuse (infancy), Juvenile delinquency, Insanity or mental illness.

What is the difference between Law on the Books and Law in Action?

Law on the Books refers to legal and structural components (constitutions, legislation, regulations, court cases), while Law in Action focuses on human factors affecting law application (police, prosecutors, judges, victims, witnesses, jurors).

What are the two models of criminal justice discussed?

Crime Control Model and Due Process Model.

What are the key characteristics of the Crime Control Model?

Emphasizes individual responsibility, self-control, discipline, quick determination of guilt or innocence, and prioritizes speed and finality in courts.

What does the Due Process Model prioritize?

Protecting individual rights, understanding social influences, using formal fact-finding, and community-based sentencing.

How does media influence public perception of criminal courts?

Media can enhance understanding of legal influences but can also distort reality, making proceedings seem more dramatic.

What are the four subcomponents of jurisdiction in courts?

Geographical jurisdiction and venue, Extradition, Subject matter jurisdiction, Personal jurisdiction.

What distinguishes Trial Courts from Appellate Courts?

Trial Courts have original jurisdiction and handle the initial proceedings, while Appellate Courts review the correct interpretation of the law.

What historical event highlighted the need for a national Supreme Court?

The Constitutional Convention of 1787 revealed the weakness of the Articles of Confederation due to the lack of a national Supreme Court.

What was established by the Judiciary Act of 1789?

It set up the federal court system and defined the jurisdiction of the Supreme Court.

What is the significance of the case Marbury v. Madison?

It established the principle of judicial review, allowing courts to invalidate laws that conflict with the Constitution.

What is the concept of Extradition in relation to jurisdiction?

Extradition refers to the process of delivering a person from one jurisdiction to another to face legal charges.

What is meant by 'Hierarchical jurisdiction' in the context of courts?

It refers to the levels of courts, including original and appellate jurisdictions.

What is the role of victims and witnesses in the Law in Action framework?

They are key human factors that influence the application and outcome of the law.

What is the purpose of procedural defenses in criminal law?

To challenge the legality of the process used to prosecute an individual, potentially leading to dismissal of charges.

What does the term 'Union of Act and Intent' refer to in criminal law?

It refers to the requirement that both the guilty act (actus reus) and guilty intent (mens rea) must be present for a crime to occur.

What power was granted to courts by the Constitution in 1803?

The power of judicial review.

What act established the U.S. Court of Appeals in 1891?

The Court Appeals Act.

What significant legislation did Congress pass in 1925 regarding federal judges?

The Judges Bill.

What changes did Congress make in 1988 regarding appeals to the Supreme Court?

Congress eliminated more mandatory appeals to the Supreme Court.

What are the four layers of courts in the federal system?

Magistrate, District, Appellate, and Supreme Court.

When were Magistrate Judges created and what was their purpose?

Created in 1968 to alleviate the increased workload of U.S. District Courts.

What are some responsibilities of Magistrate Judges?

Conduct preliminary proceedings in felony cases, preside over misdemeanor cases, handle discovery in civil trials, and review Social Security disability benefit appeals.

How many U.S. District Court Judges are there and what is their jurisdiction?

There are 94 U.S. District Court Judges, and they do not cross state lines.

What is the role of a U.S. Attorney in a District Court?

Each district has one U.S. Attorney nominated by the President.

What types of cases fall under federal questions jurisdiction?

Constitutional issues, discrimination laws, prisoner petitions, and civil rights cases.

What are some examples of cases under federal questions jurisdiction?

Suits between states, federal crimes, bankruptcy, and patent cases.

What was the purpose of creating the U.S. Court of Appeals in 1891?

To relieve the Supreme Court from a growing number of appeals.

How many judges are on the U.S. Court of Appeals and how are they appointed?

179 judges nominated by the President and confirmed by the Senate.

What is the composition of the U.S. Supreme Court?

1 chief justice and 8 associate justices.

What is the Rule of Four in the context of the U.S. Supreme Court?

It is the rule that allows four justices to grant a writ of certiorari.

What are specialized federal courts established under Article III?

Constitutional Courts.

What is the Uniformed Code of Military Justice?

It was adopted by Congress in 1950 to govern military justice.

What is the role of the U.S. Sentencing Commission?

Created by the Sentencing Reform Act of 1984 to establish sentencing policies.