Criminology Unit 3

What does Adversarial System mean?

-hit heads between a person and a court (head-to-head)

What is Prosecution vs Defense?

judge acts as neutral referee, legitimacy through competing arguments

What are the three types of government?

Legislative- makes laws (congress/senators)

Judicial- interprets the laws (applied)

Executive- enforces the laws (president or maybe vice president)

What are some keys points about the origins of the court system?

original 13 colonies, U.S. Constitution, federal judiciary, separation of powers

What is Judicial Review?

allows courts to review constitutionality of laws and govt. actions, protects constitution rights, maintains system of checks and balances

What does Activism and Strict Interpretation mean?

Activism- broader interpretation that considers social changes and modern circumstances

Strict- What is the plain language of the constitution

What are 3 cases that show activism in action?

Brown vs Board of Education (1954): overturned segration in schools

Roe vs Wade (1973): overturned laws prohibiting abortion

Obergefell vs Hodges (2015): supported same-sex marriages, right to marry designated as fundamental liberty

What are primary functions of courts?

determine guilt/innocence, resolve civil disputes, uphold the law, watchdog for entire system

What is Jurisdiction?

courts legal authority to hear a case, varies according to the type of case

What is the Dual Court System?

separate federal and state court system, federal law outranks state law

What are Federal Courts?

created by U.S. Constitution, hears cases involving federal law

What does a prosecution within Federal Court start with?

Indictment- formal criminal accusation where the jury decides if worthy of having one

What are State Courts?

handle most criminal and civil cases, general and limited jurisdiction trial courts (traffic violations)

What does a prosecution within State Courts start with?

Information or complaint- formal criminal charge held by prosecutor (district attorney)

What are some key point about The Supreme Court?

highest court (9 members), established by Judiciary Act of 1789, lifetime appointment by President (approved by senate), sits en bane (all 8 justices hears a case), hears limited number of cases each year (8,000 petitions to 80 heard)

What is a writ of certiorari?

a request to review lower court’s decision

What is the rule of 4 in The Supreme Court?

at least 4 justices have to agree

What are the 6th amendment rights?

a speedy trail, a public trial, a jury, confront witnesses and call in their favor, know what the charges are pressed against them, assistance for an attorney, double jeopardy

What are some key points about Specialty Courts?

focus on rehabilitation and reducing repeat offending, treatment instead of incarceration, collaboration instead of adversarial system

deals with drug, mental health, domestic violence, veterans

What is the role of Judges?

maintain courtroom order, rule on evidence, ensure procedures are followed, read jury instructions, sentence offenders after conviction, conduct bench trials (Judge, not jury, decides guilt or innocence)

What is the selection of Judges?

variation at all levels, elected or appointed, Missouri Plan (elimate politics out of elections) *merit selection*

What are the 3 Advocacy Models in Adversarial System?

Prosecution vs Defense, Neutral Judge/Jury, Truth through advocacy

What are some Key Courtroom Terms?

Plaintiff-victim

Defendant- accused

Prosecutor- represents the government (victim)

Defense Attorney- represents defendant

Judge- neutral party who preside over trial

Jury- 12 civilians who render decision of guilt/innocence

What does a Prosecutor represent?

represents the people (victim/ victim’s family), tons of discretion (power), ethical responsibilities

What responsibilities do prosecutors have?

file charges, drop charges, review evidence, presents state’s case in court, negotiates plea deals, pursue justice, makes sentencing recommendations

What does Nolle Prosequi mean?

drop charges

What is a Federal Prosecutor?

created by Judiciary Act of 1789, U.S. Attorney General…chief law enforcement officer…head of DOJ, 4 year term with and appointed by president, currently Todd Blanche, 94 U.S. District Attorneys Districts

What are two points about state and local prosecutors?

known by different name, most are elected

What do Defense Attorneys do?

challenge evidence, protect constitution rights, defendant is their client, ensure standard of proof is met by their state, advocates responsibility to fight for us and our rights, private, public, or pro bono

What is the process of crime?

Crime is committed, police investigation, an arrest was made (with enough probable cause), charges may be filed

What are some things about a grand jury?

16-23 civilians, probable cause review, only prosecutor presents evidence (state needs to show PC and is state’s issue), secret proceedings

What is the purpose of Bail?

purpose: ensure defendant appears for trial, 8th Amendment (prohibits excessive bail), controversial, considers various risk factors (criminal record)

What did the Bail Reform Act of 1966 do?

Release on own recognizance (possible ankle monitor or surveillance)

What is a preliminary hearing?

determines if probable cause exists to believe

1. Crime occurred

2. Defendant committed it

prosecutor presents evidence, if pc exists case goes to trial

What is an arrangement?

formal court proceedings, notified of charges, enter a plea…guilty…not guilty…no contest

What does nolo contendere mean?

No contest

What is plea bargaining?

negotiated agreement between prosecutor and defense, 90-98% of all cases, controversial, wavier of many 6th Amendment rights, defendant pleads guilty in exchange for some benefit

What is charge and sentencing bargaining?

Charge- dropping more serious charge for lower amount

Sentencing- lighter sentence for charges

What is discovery within courts?

a process in preparation for trial, both sides must reveal info they have pertinent to the case, promotes fairness and prevents surprises, prosecution must turn over all evidence

What is exculpatory evidence?

evidence turned over before trial that points to the defendant’s innocence

What are 5 pretrial motions?

1. to suppress: defense—> omit evidence (any evidence obtained illegally)

2. in limine: either side—> whether particular evidence can be used (not relevant with case)

3. for discovery: defense—> everything prosecutor has for case

4. for recusal: defense—> removal of judge or prosecutor

5. for expense of experts: public defenders—> request additional money

How many people are in a jury during a criminal trial?

federal and most state criminal trials require 12 jurrors

What does venire and vior dire mean?

Venire- Jury Pool

Vior Dire- Jury Selection

What are 3 challenges to the jury?

purpose: to remove potential jurror

1. Challenge for cause- unlimited (knows victim, sense of bias)

2. Peremptory Challenge- limited in number, varies by jurisdiction

3. Challenge to the array- lists from jurry pool that might have something wrong with it

What are some things about criminal trials?

most cases end before trial, purpose to determine legal guilt, legal guilt vs factual guilt (persuasion of guilt BRD or jury things guilty vs actually did it)

What 2 types of trials are there?

1. Jury Trial- jury adjudicates case (determining guilt or innocence), most common

2. Bench Trial- judge adjudicates case

What does Burden of Proof mean?

prosecutor shows evidence to show guilt to the defendant

What are the sequence events during a criminal trial?

presentation of opening arguments, presentation of evidence, presentation of closing arguments, judge’s charge to jury, deliberation of the jury, reading of the verdict, sentencing or acquittal

What are opening statements and the purpose of them?

purpose: provide picture of what happened

prosecutor goes first

What 2 types of evidence are there during the presentation of evidence in a criminal trail?

Direct Evidence- directly proves a fact, eye witnesses, videos, confessions

Circumstantial Evidence- requires inference or interpretation, DNA, fingerprints, ballistics

What 2 types of witness examinations during the presentation of evidence in a criminal trial?

Direct Examination

Cross Examination

What does hearsay mean and what are the rules/exceptions for it?

Hearsay: out-of-court statement introduced to prove truth of a claim

Rule: can’t testify about something you have no personal knowledge of

Exceptions: dying declarations, excited utterance (heat of the moment words), character reputation testimony

What are closing arguments?

both sides summarize evidence and arguments

What are judge instructions?

explains laws jury must apply- presumption of innocence, burden of proof, beyond reasonable doubt standard (BRD)

What is the jury deliberation?

deciding guilt or innocence on each separate charge

What are some jury deliberation outcomes?

guilty, not guilty (acquittal), double jeopardy (can’t be tried again for same crime), hung jury, mistrial

What is a jury nullification?

disregard law and acquit guilty defendant

What does acquit mean?

to free someone from a criminal charge following a not guilty verdict

What is a hung jury?

jurors fail to reach an agreement, most common reason for a mistrial

What is an Allen Charge?

judge tells jurors to keep deliberating

What is a verdict?

finding of guilty/not guilty read in open court (juror leader of 4 person reads it), jurors may be pulled, jury discharged

What is sentencing in a criminal trial?

punishment imposed after guilty verdict

What are the 3 principles of sentencing?

1. proportionality- punishment should fit the seriousness of crime

2. equity- similar crimes should receive similar punishments

3. social debt- prior criminal record should be considered

What are 5 goals for sentencing?

1. retribution- punishment because offender deserves it

2. incapacitation- protect society by physically removing offender from it

3. deterrence- punishment prevents crime (specific- punishment prevents future crime by sanctioned offender; general- punishment prevents crime by general public)

4. rehabilitation- reduce future crime through treatment/education

5. restoration- repair harm done to victims and community

What 5 types of sentencing are there?

1. concurrent- 2+ separate sentences served at the same time

2. consecutive- 2+ sentences served sequentially (one sentence must be complete before the other one can be served)

3. indeterminate- range of years imposed (5-15 years for armed robbery), parole board determines release date

4. determinate- fixed sentence length (know exact release date), abolished parole (law determines release date)

5. mandatory minimum- required minimum punishments for certain crimes

What did the Violent Crime Control and Law Enforcement Act of 1994 bring?

truth-in sentencing laws- prisoners must service at least 85% of sentence

What are sentencing guidelines?

use offense severity and criminal history to recommend punishment, created by the Federal Sentencing Guideline Act of 1984

What is Capital Punishment?

possibility of execution for guilty defendant, most common 1st degree murder

What 3 requirements are there for Capital Punishment?

prosecutor must file notation of intent, jurors must be death-qualified, requires unanimous verdict, *appeals are automatic *

What 2 trials are there for Capital Cases?

1. Guilt Phase (verdict of guilty or innocent)

2. Sentencing Phase (if found guilty)- aggravating and mitigating circumstances considered (possible child abuse at young age)

-bifurcated trials

What are some arguments for Capital Punishment?

incapacitation, deterrence, retribution, public support

What are some arguments against Capital Punishment?

mistakes, high cost, violation of 8th amendment, unfair administration (race/class bias, arbitrariness), does not deter (brutalization effect- homicide rates increased after execution of one)