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what are the 4 functions of the court?
due process.
crime control.
rehabilitation.
bureaucratic.
what is DUE PROCESS?
PROTECTS a persons individuals rights and gives them a FAIR chance against the government.
what is CRIME CONTROL?
STRESS PUNISHMENT / retribution and PROTECTS the public through crime repression.
what is REHABILITATION?
medical model of justice and court (doctors) distributes treatment to criminals.
what is the BUREAUCRATIC?
day to day functioning of the court, speed and efficiency of case flow.
what is the DUAL COURT SYSTEM?
50 (states) + 1 federal system.
what are TRIAL COURTS?
original jurisdiction. (home/local base.) and cornered with “questions of facts.”
what are APPELLATE courts?
court of review. and concerned with “questions of law.”
what does the APPELLATE courts REVIEW?
procedural error. (a problem.)
review policy / precedent.
issue “opinions.”
what is included in LOWER COURTS? (limited jurisdiction.)
judge. (no jury.)
minor crimes. (traffic crimes.)
what are the SPECIALTY / PROBLEM solving COURTS?
drug courts.
mental health courts.
veterans courts.
juvenile courts. (chicago 1st established.)
what is the HIGH court?
supreme court. final arbitrator state’s legal precedent. (last resort court.)
how many CASES DID ILLINOIS have in TRIAL COURTS?
on average, 1.6 million cases every year.
how MANY TRIAL COURTS does ILLINOIS court system have?
24 (circuit courts.)
how many APPELLATE COURTS are in ILLINOIS?
5 (districts.)
how many JUSTICES are in in the SUPREME COURT?
7 (justices.)
what are STATE COURTS?
executive or legislative appointments.
what are ELECTIONS? (illinois does this; elects judges.)
partisan and non-partisan.
how do we SELECT JUDGES?
merit selection “missouri plan.”
what is the MERIT SELECTION, “the missouri plan?”
1.) nominating commission.
2.) executive appointment. (25 states due 1 & 2.)
3.) retention election by voters. (20 states.)
what percentage of MEN are in the federal judiciary history?
87%
what percentage of MEN are active judges?
70.5%
what percentage of WHITE MEN are active judges?
57%
what are the 5 area of APPROPRIATE JURISDICTION of federal judiciary?
involves federal government; and anything against it.
criminal activity within multiple states or international.
criminal activity involving commercial or institutional enterprises.
high level state of local corruption.
criminal cases rising highly sensitive local issues.
what is the U.S. DISTRICT COURTS?
94 districts that have criminal and civil proceedings.
what is the U.S. CORPORATE OF APPEALS?
13 circuits that appellate jurisdiction.
1st - 12th geographically defined.
what is the most POWERFUL COURT?
supreme.
what is the SECOND most IMPORTANT COURT?
D.C. circuit.
what are ORIGINAL JURISDICTIONS?
these are RARE disputes between states.
what are APPELLATE JURISDICTION?
diversity of citizenship.
substantive federal question raised.
claim or issue arising under the U.S. constitution, laws, or treaties.
U.S. government is “party to the case.”
WHO are in the COURTROOM workgroup?
judge.
prosecutor.
defense attorney. (attorney for the accused.)
what is the KEY to BUREAUCRATIC functioning?
fostering cooperation.
what is a PROSECUTOR?
4 year ELECTED term. responsible to voters, community pressure, and political party.
what happens in the PRE-TRIAL PERIOD?
whether arrestee is charged.
levels of charges brought against arrestee.
if/when to stop prosecution.
what kind of RELATIONSHIP the POLICE and PROSECUTOR have?
a symbiotic relationship. both represent the state.
what do the POLICE do?
GATHER evidence and ARREST the guilty.
what do PROSECUTORS do?
CONVICT the guilty.
what are POLICE CONCERNED with?
FACTUAL guilt.
what are PROSECUTORS CONCERNED with?
LEGAL guilt.
what is the 6TH AMENDMENT?
right to an attorney to entirety of case. NO fair trial without legal counsel.
what are the people that are DEFENDING THR GUILTY obligated to use?
all ethical and legal means to achieve a defense. NOT obligated to ascertain or present the truth.
what is INDIGENT STATUS?
those who cannot afford an attorney.
getting a free attorney VS hiring attorney is..
equally effective.
CASELOADS in 2007 are..
high but below american bar recommendations.
what is the STRICKLAND STANDARD?
denial of 6th amendment.
attorney was deficient.
deficiency more likely than not led to loss of case.
what is ATTORNEY CLIENT PRIVILEGE?
communication required to be kept confidential.
exception: permitted only if client discussed on going/or future crimes. (has to report.)
what is the 8TH AMENDMENT?
protects against excessive bail / fines. does not guarantee bail.
what is ROR?
release on your own recognizance.
what is the meaning of releasing someone on their own recognizance? (ROR)
the defendant does not pose a FLIGHT RISK and no COMMUNITY THREAT. 50% less likely to not show for trial.
what did judges REQUIRE WHEN SETTING BAIL in illinois?
they considered 38 legal and extralegal factors.
what was illinois the 1ST TO DO?
abolish no cash bail.
what is PARTIAL RELEASE?
no uniform system for partial custody.
are BAIL BOND AGENTS still allowed TODAY?
no. abolished in illinois + 4 other states.
what is the 10% DEPOSIT STATUE?
this is when the court is the bond agent. 10% cash is REFUNDABLE.
what is a PRELIMINARY HEARING?
10-30 days of arrest.
mini trial (5 mins.)
what is a GRAND JURY?
closed sessions, and PUBLIC decides whether the case should go to trial.
what does the GRAND JURY do?
rubber stamping cases off to trial. (99% approved.)
what is PROSECUTORIAL DISCRETION AUTHORITY do?
keep, aid, or drop certain charges. OR drop all charges.
what is a CJS FUNNEL?
going from a lot to a little (add more.)
when does PLEA BARGAINING start?
occurs after arraignment and before the trial. NEGOTIATED AGREEMENT.
what does PLEADING GUILTY lead to?
initial charge but negotiate light senstence.
lesser charge.
how many STATE CRIMINAL CONVICTIONS come from PLEA DEALS?
97%.
what is a SPEEDY TRIAL?
6th amendment.
what is ILLUSION SPEEDY TRIAL ACT?
exactly or more than 120 days after arrest.
what are JURY TRIALS?
guaranteed for all felony cases an “impartial jury” (6th amendment.)
what is SELF INCRIMINATION?
5th amendment right.
what does a DEFENDANT do in self incrimination?
not required to testify. CANNOT BE HELD AGAINST THEM.
what does a WITNESS do in self incrimination?
if granted immunity CANNOT REFUSE.
what is PRESUMPTION OF INNOCENCE?
state must prove guilt beyond a reasonable doubt.
what is a VENIRE?
jury pool summoned to court. (few are excused.)
what is VOIR DIRE?
initial questioning/challenging potential juros.
why might someone be EXCUSED to SERVE in a JURY POOL?
mental disability.
connected to case.
demonstrates bias.
opposed to death penalty.
what are some PEREMPTORY CHALLENGES in JURY SELECTION?
excused based on attorneys subjective impressions.
what are OPENING STATEMENTS?
both summarize case 'road maps.’
what is EVIDENCE?
anything used to prove a fact. NO PHYSICAL ITEMS!
what is the CSI EFFECT?
unrealistic forensic science expectations.
what is a TESTIMONY?
statements by witnesses.
what is a LAY WITNESS?
testify on general factual matters.
what are EXPERT WITNESS?
testify on matters of scientific, medical, or technical matters.
what is DIRECT EVIDENCE?
testify that you see something happen.
what is CIRCUMSTANTIAL EVIDENCE?
most common evidence. ex: “i didn’t see. but Invisible he always talked about…”
what is INADMISSIBLE EVIDENCE?
any illegally obtained evidence? “hearsay testimony.”
what does the JUDGE GIVE the JURY?
a CHARGE and instructions.
what is DELIBERATION?
lasts to minutes to weeks.
what are the 3 VERDICTS IN COURT?
guilty.
not guilty.
hung jury.
what is a HUNG JURY?
when not decision is reached. the trial is rescheduled.
what is an ALLEN CHARGER?
jury urging a HUNG JURY to agree on a verdict.
WHERE is the ALLEN CHARGE LEGAL?
in illinois. 22 states outlaw this charge as jury coercion.
what is DOUBLE JEOPARDY?
prevents someone from being punished or tried more than once for the same crime.
what are the 3 EXCEPTIONS to double jeopardy?
criminal prose by other states or federal government.
civil court proceedings.
hung jury requires retrial.
how many DNA WRONGFUL CONVECTIONS in 2022?
375.
what is ONE NON PROFIT legal advocacy thats HELPING WRONGFUL CONVICTIONS, in NYC?
innocence project.
what is ONE NON PROFIT legal advocacy thats helping wrongful convictions, in CHICAGO?
center on wrongful convictions.
what is RETRIBUTION?
willful wrongdoing. (rational choice.)
what is the GOAL of RETRIBUTION PUNISHMENT.
just desert for past crimes. the punishment must be proportionate.
what is the GOAL of DETERRANCE?
to prevent crime.
what is GENERAL deterrence?
punishment discourages OTHERS.
what is SPECIFIC deterrence?
punishment discourages the PUNISHED.
what is the GOAL of INCAPACITATION?
crime prevention by isolating the wicked.
what is SELECTIVE incapacitation?
punishment tailored to ONE criminal.
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Flashcard (28)