CRIMJ 100 exam 3

What are the 4 functions of courts?

Due process, crime control, rehabilitation, bureaucratic

What is the difference between crime control and due process models?

Crime control focuses on efficiency and punishment; Due process focuses on fairness and rights.

What is jurisdiction?

The authority of a court to hear a case.

What is the difference between trial courts and appellate courts?

Trial courts determine guilt; Appellate courts review legal errors.

What is judicial review?

The power to declare laws unconstitutional.

What is the first step in the criminal process?

Initial appearance.

What occurs during an initial appearance?

Charges and rights are explained, and a lawyer is assigned.

What is the purpose of bail?

To ensure the defendant returns to court and to protect the community.

What is ROR?

Release on recognizance, which is release without paying bail.

What is preventive detention?

Keeping a defendant jailed for safety reasons.

What is probable cause?

Evidence that a crime occurred and the defendant is linked to it.

What is a preliminary hearing?

A mini-trial to decide if the case should continue.

What is nolle prosequi?

When the prosecutor drops the charges.

What is an arraignment?

The stage where the defendant enters a plea.

What are the three types of pleas?

Guilty, not guilty, and no contest.

What is plea bargaining?

A deal between the prosecution and the defense.

Why are plea bargains used?

To save time, reduce risk, and secure a lighter sentence.

What does the 6th Amendment guarantee?

A speedy trial and a jury trial.

What does the 5th Amendment protect?

The right to remain silent.

What does 'taking the fifth' mean?

Refusing to testify to avoid self-incrimination.

What is the presumption of innocence?

The principle that a defendant is innocent until proven guilty.

Who carries the burden of proof in a criminal case?

The state.

What is the standard of proof in criminal cases?

Beyond a reasonable doubt.

How many jurors are in most cases?

12.

What does a unanimous verdict mean?

All jurors must agree.

What is voir dire?

The jury selection process.

What is a challenge for cause?

Removing a juror due to bias.

What is a peremptory challenge?

Removing a juror without needing to provide a reason.

What rule bans racial bias in jury selection?

The Batson rule.

What is the first step in a trial?

Opening statements.

What is the difference between direct and circumstantial evidence?

Direct evidence proves a fact; circumstantial evidence suggests a fact.

What is hearsay?

Secondhand information that is generally not allowed in court.

What is cross-examination?

The questioning of opposing witnesses.

What is the main goal of the defense?

To create reasonable doubt.

What are the possible trial verdicts?

Guilty, not guilty, or a hung jury.

What is double jeopardy?

The rule that a person cannot be tried twice for the same crime.

What is habeas corpus?

A legal action to challenge illegal imprisonment.

What are the 4 purposes of sentencing?

Retribution, deterrence, incapacitation, and rehabilitation.

What is the difference between indeterminate and determinate sentencing?

Indeterminate is a range of time with possible parole; determinate is a fixed sentence.

What is the truth-in-sentencing rule?

The requirement that a defendant must serve at least 85% of their sentence.

What is probation?

Supervised release instead of prison time.

What is restorative justice?

A process focused on repairing the harm done to the victim and the community.

What is the most important sentencing factor?

The seriousness of the crime.

What is the difference between mitigating and aggravating circumstances?

Mitigating circumstances reduce punishment; aggravating circumstances increase it.

What is judicial discretion?

A judge's freedom to decide a sentence.

What is sentencing disparity?

Different sentences given for similar crimes.

What is a three-strikes law?

A law where a third felony conviction results in a long mandatory sentence.

What is a victim impact statement?

A statement where the victim describes the harm they suffered.

What is the bifurcated process in death penalty cases?

A two-part process consisting of a guilt phase and a sentencing phase.

Who is ineligible for the death penalty?

Juveniles, the mentally disabled, and the insane.

Main issues with death penalty?

Wrongful convictions, bias, cost, no clear deterrence