CJUS-P 100 Exam 3

Courts of limited jurisdiction

court that has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges; restricted in types of cases they may hear; specialized courts is a type of this court

Specialized courts

court that has primary jurisdiction over a specific types of offenses and operates differently than traditional criminal court; example is family court

Courts of general jurisdiction

state/federal court that has jurisdiction over felony charges

Appellate courts

court where appeals are made on points of law resulting from judgement of lower court

Trial court

conducts initial trial, hear witnesses, determine facts to reach a verdict

Appellate courts

court where appeals are made on points of law resulting from judgement of lower court

U.S. District Courts

trial courts of federal system; have jurisdiction over cases involving violations of federal law

U.S. Courts of Appeals/Circuit Courts

reviews federal and state appellate court cases on substantive and procedural issues involving rights guaranteed by Constitution; analyzes judicial interpretations of the law and reflect on constitutional issues involved in each case

Supreme Court

highest appellate body and court of last resort for all cases tried in various federal/state courts; chooses what cases they hear; shapes future meaning of Constitution

Only court mentioned in the constitution

Supreme Court

300

Amount of cases Supreme Court hears in a year

Rule of four

For a writ of certiorari to be granted, at least four justices must agree to hear the case

Writ of certiorari

an order to lower courts to send up case records for review

Type of cases that causes most congestion in state courts and % they take up

Traffic cases: 52.6%

Type of cases that cause the least congestion in state courts; % they take up

Juvenile cases causes least congestion (1.5%)

Ways someone becomes a judge

Appointed + Elected

Missouri Plan

1. Judicial nominating commission nominates candidates for bench

2. Elected official makes appointment from that list

3. Nonpartisan and noncompetitive elections occur where incumbent judges run on their records + voters can choose to retain or dismiss them

Arbitration

Simplified version of a trial; legally binding

Meditation

Less formal simplified version of a trial; helps parties come to an agreement; not legally binding

Role of Prosecutor

Represents state’s interest + serves as people’s attorney

Prosecutorial discretion

Prosecutor’s authority to decide whether to bring a case or trial to dismiss it outright

Common reason to dismiss a case

Evidence problems

Public defender

Counterpart of prosecuting attorney in criminal process; works with the arrestee in a trial

Ethical role conflict of defense attorney

Cannot allow client to knowingly perjure, must maintain confidentiality and advise client of constitutional requirements (something the prosecutor doesn’t have to worry about)

Steps that follow an arrest

Taken to station, detained until a complaint is filed, an arraignment is conducted

Bail

A form of security that is put up or exchanged to secure the release of an arrested person before the trial begins

Constitutional amendment that discusses bail

Eighth

Alternative bail release mechanisms

Police field citation release, Police station house citation release, police/pretrial jail citation release, pretrial/court direct release by pretrial bail program, police/court bail schedule 

Pretrial detainees

People who are either denied bail or cannot afford to post it before a trial that are kept in confinement

Criticisms of bail

Works against the poor, legal effect, government cost

Pretrial services + what they provide

Gathering + verifying information about arrestees

Assessing each arrestee’s likelihood of failure to appear + chances of being rearrested

Providing supervision for defendants conditionally released + notifying court of any failure to comply with release conditions

Grand Jury

Group of individuals (16-23) that act as independent investigating body + determines whether an accusation by the state justifies trial; does not happen everywhere

Preliminary hearing

Hearing before a judge to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime; does not happen everywhere

Arraignment

When the judge informs the defendant of the charge + ensures that the accused is properly represented by counsel

Plea

How a defendant presents to the judge, jury, and attorneys how they claim they should be charged (guilty, not guilty, nolo contendere)

Plea bargain

A deal that benefits both the prosecution and the defendant (E.g. a shorter incarceration time for defendant and a guilty plea for the prosecution)

Pros of a Plea Bargain

Benefits both parties

Cost of prosecution is reduced

Administrative efficiency of courts is improved

Prosecution can devote time to more serious cases

Defendant avoids possible detention

Resources can be devoted more efficiently

Cons of plea bargain

Encourages defendants to waive constitutional right to trial

Allows dangerous offenders to receive lenient sentences

Raises danger that innocent person will be convicted of a crime

Prosecutors given free hand to induce/compel defendants to plea bargain

Innocent may admit guilty if they believe the system is biased

Reasons innocent people confess

The belief the system is biased

Prosecutor role during bargain

Weigh competing alternatives/factors

Defense role in plea bargain

Makes sure the defendant understands the nature of the process + the guilty plea

Judge role in plea bargain

Very limited role

Victim role in plea bargain

No role at all

Accused role in plea bargain

Must be informed of the rights they have when making a choice

Pretrial diversion program

A program that tries to bypass criminal prosecution by providing reasonable alternative in form of treatment, counseling, or employment programs

Trial

Open + public hearing designed to examine the facts of a case

Rights the defendant has in a trial

Impartial judge

To be competent at trial

To confront witnesses

Compulsory process

Impartial jury

To counsel at trial

Speedy trial

Public trial

To be convicted beyond a reasonable doubt

Order of a trial

Jury selection

Opening statements

Prosecution’s case

Criminal defense

Closing arguments

Instructions to jury

Deliberation + verdict

The sentence

appeals

Type of jury selection in U.S.

Venire —> Voir dire

Venire

Initial list of persons chosen for a jury

Voir dire

When jurors are examined under oath and those with an evident bias are removed

Challenge for cause

dismissal of prospective juror because they are biased

Peremptory challenge

enable attorneys to excuse jurors with no reason

Direct examination

initial questioning of one’s own witness during trial

Cross-examination

questioning of the opponent’s witnesses during trial

Directed verdict

When the attorney asks the judge to order the jury to return a verdict of not guilty

Jury nullification

Jury’s verdict not based on law or fact

General deterrence

people should be punished to set an example for others

Incapacitation

keeping dangerous criminals in confinement to eliminate the risk of repeating their offense in society

Specific deterrence

convincing offenders that pains of punishment are greater than benefits of crime, so they won’t repeat offending

Retribution/Just desert

punish offenders fairly and justly in a manner that is proportionate to the gravity of their crimes

Rehabilitation

justice system is obligated to help these unfortunate people + not punish them for their misdeeds

Diversion

court process is aimed at sparing nondangerous offenders from the stigma and labeling of criminal conviction + further involvement with the justice process

Equity/restitution

convicted criminals must pay back their victims for their loss and the justice system for the costs of processing their cases and society for any disruption they may have caused

Restoration

requires the convicted to recognize that they caused injury to personal/social relations + determination/acceptance of responsibility; repair injuries suffered by victim + community

Concurrent sentence

If a person is served more than one sentence, the length of the sentence is just the length of the longest sentence (e.g. one sentence is 3 years, and another is 10 years, they both start on the same day and then they will be released after 10 years)

Consecutive sentence

If a person is served more than one sentence, the length of the total sentence is the added amount of years total (e.g. one sentence is 3 years and another is 10 years, their total sentence is 13 years)

Good Time

Inmates can accrue ‘good time’ where they exhibit good behavior in order to get time off of their sentence

Indeterminate sentence

individualized sentences + sentence flexibility; offenders should only be confined until they are rehabilitated

Determinate sentence

fixed term of incarceration

Sentencing guidelines

Gives judges a recommended sentence based on seriousness of crime + background of offender

Sentencing Grid

A grid with prior record + current offenses as the two coordinates to set out specific punishments

Apprendi v. New Jersey influence on sentencing guidelines

any factor other than prior conviction that increases the penalty for the crime beyond statutory maximum must be submitted to a jury and proved beyond a reasonable doubt

Blakely v. Washington influence on sentencing guidelines

proving state of mind must be determined by a jury beyond a reasonable doubt

U.S. v. Booker influence on sentencing guidelines

federal guidelines were unconstitutional, allowing that judges should consider the guideline ranges but must be permitted to alter sentences in considering of other factors

Mandatory sentences

Statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses

Legal factors that influence sentencing

Severity of offense

Offender’s prior criminal record

Whether the offender used violence

Whether the offender used weapons

Whether the crime was committed for money `

Extralegal factors that influence sentencing

Social class: lower class more likely to get a longer sentence

Gender: women receive more favorable outcomes the further they go in the system

Age: expected for older people to get harsher punishments since they’ve been in the system longer and would have more priors

Victim characteristics: sentences may be reduced when victims have ‘negative’ personal characteristics

Race: young black men are more likely to be imprisoned