criminal justice test

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30 Terms

1
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list all professionals in the courtroom (6)

judge, prosecutor, defense attorney, bailiff, court reporter, expert witness

2
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what is the role of a judge in the courtroom?

in charge of ensuring that justice is served in court, must remain impartial, verifies verdict and pronounces sentence

3
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which professional participant in the courtroom is responsible for demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?

prosecutor

4
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what is the role of the defense attorney?

defending the accused and questioning the state’s case

5
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which us supreme court case established the right to counsel for indigent defendants in state felony court proceedings?

gideon vs. wainwright

6
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who is in charge of calling court to order and announcing the judge’s entry to the courtroom?

bailiff

7
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which us supreme court case established the right to counsel for juvenile defendants?

in re gault and alabama vs. shelton

8
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courts have the authority to review a decision made by a lower court are said to have _________ jurisdiction

appellate

9
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the us supreme court has __ justices serve on the court, once confirmed, a justice may serve until ______. the supreme court is the __________ court in the federal court system and has limited _________ jurisdiction

9, death, highest, original

10
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the dual-court system consists of _____ and _______ level courts

state, federal

11
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list all non-professionals in the court

lay witness, jurors, victim, defendant, press/media

12
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list the steps in a criminal trial in order

trial initiation, opening statement/ prosecution, defense, closing, verdict, sentencing guilty

13
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the federal speedy trial act allows for the dismissal of charges when the prosecution does not seek an indictment with __ days of arrest or when a trial does not begin within __ days after the indictment

30, 70

14
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list all three types of juror challenges

cause, peremptory, the array

15
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weapons, tire tracks and fingerprints are what type of evidence?

real evidence

16
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the speedy trial act of 1974 is applicable to

federal criminal prosecution in the us, establishing time limit

17
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the bail decision is made at what stage of the court process?

first initial appearance

18
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what happens at the first initial hearing?

defendant is informed of charges and rights

19
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what is release on recognizance?

allowing a defendant to be released from custody without posting bail

20
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which two states use both preliminary hearing and grand jury to insure legal prosecution of a case?

georgia and tennessee

21
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what type of plea is most similar to a guilty plea?

nolo contendere

22
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which us supreme court cases specified the conditions under which deadly force could be used to apprehend a suspected felon?

tennessee vs. garner

23
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a woman’s husband has beaten her repeatedly for several years and has isolated her from her friends and family. she has all that she can take one evening after he comes home intoxicated and hits her repeatedly causing her eye to swell shut and breaking one of her teeth. she walks into the other room, retrieves a gun and shoots him. if you were her attorney, which would be the best defense for this case?

battered woman syndrome

24
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graham vs connor deals with what police issue?

excessive use of force by police objective reasonableness

25
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which case states that an officer can be liable for monetary damages if he or she makes an arrest for property based on a bad warrant?

mally vs briggs

26
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which case serves as a legal action against agents enforcing federal laws?

bivens vs. 6 unknown agents

27
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the weeks case established the exclusionary rule which states…

prevents the government from using evidence obtained in violation of 4th amendment rights

28
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a psychologist tested andrea yates before her trial, they were trying to determine if she was capable of understanding the charges against her and the nature of the proceedings. if they had determined that she was unfit to stand trial she would have been declared

incompetent to stand trial

29
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the m’naghten rule is used to determine sanity at the time of the crime, it asks whether or not the defendant knew what they were doing and whether the defendant has the ability to

understand the severity and know the nature of their actions

30
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nacarius moussaoui, one of the 9/11 bombers claimed that he was a dedicated enemy of the us and a slave of allah. his actions stemmed from a set of beliefs and standards significantly different to those on which we have based our government from. his defense questioned the legitimacy of the criminal proceeding, defense used…

religion/ political defense being framed