Criminal Justice - Exam 3

Jurisdiction

the authoriaty a court has to hear a case

Dual Court System

Federal Courts and State Courts

Federal Courts

Administer Federal Laws

State Courts

Administer the laws of the states within which they operate

Which is the lowest federal court?

Magistrate Court

Magistrate Court

Low level court dealing with routine tasks of the system

Which court was created in 1968 to aliviate stress?

Magistrate

US District Courts

The trail courts of the federal court system

US District Courts

Have jurisdiction to hear nearly all categories of federal cases

What is the 2nd level in federal courts? 

US District 

Who are appointed for life?

Judges

What is the 3rd level of federal courts?

US Court of Appeals

US Court of Appeals

gets most appeals from district & must hear appeal to determine if errors of laws were made

Appeals

The request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside

En Banc

when all judges of a circuit hear case based on case importance

Cases can be moved as long as they are in the same?

Jurisdiction/circuit

Marbury v.s. Madison, 1830

the supreme court establishes its power

Justices are appointed for life by?

Presidential nomination & Senate approval

Rule of Four 

A rule that states that at least four of the nine Supreme Court justices must vote to hear a case

Writ of Certiorari

An order from a superior court calling up for review the record of a case from a lower court

Lower Courts (State) 

Trial courts of limited or special jurisdiction 

Lower Courts (State) 

Hears only less serious criminal cases, usually misdemeanor 

State trail court of general jurisdiction 

Conducts arraignments, sets bail, takes pleas, conducts trails, and imposes sentence (location for most of criminal system)

State Court of Appeals

Can affirm trial courts decisions or can determine error & reverse/modify the decision

What court cannot refuse a legally apealed case?

State Court of Appeals

State Courts order:

Lower Courts, State Trail Courts, State Court of Appeals, & State Supreme Court

State Supreme Courts

Either party can appeal court of appeals desicion (Court of last resort)

Prosecutor

A government attorney who represents the state and the people against persons who have been accused

Prosecutorial Discretion

The decision-making power of prosecutors/the desicion of wether or not to pursue a trial (power prosecutors hold) 

US Attorney

Prosecutors for the federal trial courts

6th Amendment

guarantees the rights of a criminal defendant, including the right to a speedy and public trial, an impartial jury, and the right to a lawyer if they cannot afford one (court rights)

Defense Counsel

appointed attorney who represents the accused in the criminal process (due to 6th amendment) 

Public Defenders

Employed by government for purpose of providing defense services to indigents

Gideon v.s. Wainwright, 1963

The assistance of counsel is a fundamental rigth (for felony cases)

Argersinger v.s. Hamlin, 1972

Exteneded the right to cover defendants charged with misdemeanors (when jail is not imposed you don’t have right)

Court Reporter

Creates a record of all that occurs during a trial

Bailiff

Court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury

True Bail

The grand jury votes to indict an accused suspect

8th Amendment

prohibits excessive bail, excessive fines, and cruel and unusual punishments

Surety Bond

Bailsman puts up large part of money and they one pays them and don’t get their money back

Plea Bargaining

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate sentance in a given case 

Discovery

Obtain documents and list of witnesses

Pretrial Motions

Dismissal of charges, Continuances, Discovery, & Severance of Defendants

Change of venue

The movement of trail or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction 

5th Amendment

guarantees the right to a grand jury indictment, protects against double jeopardy (being tried twice for the same crime), and protects against self-incrimination (the right to remain silent). It also requires due process of law

Venire

Pool of potential jurors for a case

Voir Dire

The questioning of potential jurors

Challenges for Cause

A potential juror cannot be fair and impartial

Witherspoon v.s. Illinois, 1968

Jurors opposed to the death penalty can be excused for cause (death qualified jurors)

Peremptory Challenges

The right to challenge a potential juror without disclosing the reason for the challenge

Batson v.s. Kentucky, 1986 

the equal protection clause forbids a prosecutor to peremptorily challenge potential jurors solely on account of their race (can’t exclude due to race)

Georgia v.s. McCollum, 1992

Defense cannot use peremptory challanges for exculding a particular race either

J.E.B. v.s. Alabama, 1994

Can’t exlude jurors based on gender

Real Evidence

Evidence that consists of physical material or traces of physical activity

Beyond a reasonable doubt

The highest level of proff required to convict a defendant of a criminal charge

Williams v.s. Florida, 1970

Must tell prosecution alibis & 6 person jury is fine for criminal cases

Asch Experiments

5 vs 1 is not the same as 10 vs 2

Hung Jury

A jury in a criminal case that is deadlocked or cannot produce a unanimous verdict

Jury Nullification

The power a jury has to ignore the law and decide based upon community standards

Retribution

Giving offeneders their “just desserts” and expressing society’s disapproval of criminal behavior

Just desserts

Criminal defenders deserve the punishment they receive at the hands of the law and punishments should be appropriate to the type and severity of the crime commited 

Incapactation

Seperating offenders from the community to reduce the opportunity for further crime while they are incarcerated

Deterrence

Demonstrating the certainty and severity of punishment to discourage further crime by the offender by others 

Specific Deterrence

Reduce the likelihood of recidivism (repeating)

General Deterrence

Influence the future behavior of those not yet arrested

Rehabilitation

Providing psychological or education assistance or job training to offenders to make them less likely to engage in future criminal behavior

Restitution/Restoration

Having the offender repay the victim or the community in money or services

Indeterminate Sentancing

Stated minimum and maximum length

Determinate Sentancing

Offender is given a fixed term that may be reduced by good time

Three strikes

Gives habitual criminals who commit their third felony mandatory long term incarceration

Truth-in-sentencing

Defendant who has pled guilty to or has been found guilty of a felony shall be required to serve a minimum prison term equal to 85% of term imposed by court

Concurrent Sentencing

Incarceration for more than one offense such that all sentances begin on the longest ermhas been served (all clocks at same time)

Consecutive Sentancing

Incarceration for more than one offense such that each sentence begins only after theprevious one has been completed

Furman v.s. Georgia, 1972

The death penalty can not be administered in a arbitrary or discriminatory manner

Gregg v.s. Georgia, 1976

A punishment of death does not violate the 8th and 14th amendments under all circumstances

Ford v.s. Wainwright, 1986

Prohibits the execution of the insane 

Atkins v.s. Virginia

Prohibits the execution of the mentally ill

Roper v.s. Simmons

Prohibits the execution of minors

Coker v.s. Georgia

Prohibits the death penalty cases of rape 

Kennedy v.s. Louisiana

The 8th amendment des not permit the state to punish the crime of rape of a child with the death penalty 

McClesky v.s. Kemp

One must prove that purposeful discrimination which had a discriminatory effect on him in his particular trial