Criminal Justice Exam 2 Study Guide Chapters 7–9

Dual Court System

The system comprising both federal and state courts in the U.S.

Adversarial Process

A legal proceeding where two parties present opposing arguments to an impartial judge or jury.

Court Structures

Trial Courts (limited/general), Appellate Courts, Courts of Last Resort (State & U.S. Supreme Court).

Trial Courts

Courts that hear cases for the first time, divided into limited and general jurisdiction.

Appellate Courts

Courts that review cases from trial courts for mistakes in application of law.

Courts of Last Resort

The highest courts in the state or federal system, such as State Supreme Courts and the U.S. Supreme Court.

Problem-Solving Courts

Specialized courts focusing on issues like drug addiction, mental health, and domestic violence with an emphasis on rehabilitation.

Judges

act as adjudicator, negotiator, and administrator; selected by election, appointment, or merit plan

Prosecutor Roles

trial counsel, house counsel, court representative, and elected official.

Defense for Indigent Defendants

 Assigned counsel, contract counsel, or public defender

Nolle Prosequi

A formal decision by a prosecutor to discontinue a legal action or drop charges.

The criminal justice system functions like a funnel

many cases enter, few go to trial.

Post-Arrest Steps:

Booking → Initial Appearance → Arraignment.

Arraignment:

defendant hears charges, enters a plea (guilty, not guilty, or no contest), and motions may be filed.

Plea Bargaining

An agreement in criminal cases where a defendant pleads guilty to a lesser charge in exchange for a lighter sentence.

Assembly Line Justice

A term describing the hurried processing of cases due to high caseloads, resulting in rapid case handling.

Bail:

money to ensure appearance; often criticized as unfair to low-income defendants

Alternatives to Bail:

Release on Recognizance (ROR), percentage bail, bail funds, bail guidelines

Boykin v. Alabama (1969):

Plea must be voluntary and understood. 

Missouri v. Frye (2012):

Right to effective counsel during plea negotiation. 

North Carolina v. Alford (1970):

Can plead guilty while maintaining innocence.

Ricketts v. Adamson (1987):

Defendants must honor plea agreements. 

Bordenkircher v. Hayes (1978):

Prosecutors can threaten harsher charges for refusing plea.

Trial Types:

Bench trial

judge only

Trial Types:

Jury trial

citizens decide

 Jury Selection:

Voir dire

  questioning of potential jurors to determine their suitability.

Jury Selection:

challenges for cause

bias or prejudice that disqualifies a juror.

Jury Selection:

peremptory challenges

limited use of dismissing jurors without stated reason.

Evidence Types:

Real, demonstrative, testimony, direct, circumstantial.

Proof Beyond a Reasonable Doubt

The highest legal standard of certainty required for conviction in criminal cases.

Goals of Sentencing:

Deterrence

prevent crime Rehabilitation

Goals of Sentencing:

Retribution

deserved punishment

Goals of Sentencing:

Incapacitation

protect society

Goals of Sentencing:

Rehabilitation

reform offender

Sentencing Models:

Indeterminate, Determinate, Mandatory Minimums, Truth-in-Sentencing.

 PSI (Presentence Investigation):

report summarizing defendant background and recommendations.

Indeterminate Sentencing

A sentencing model where the offender is given a range of time to serve.

Mitigating Factors

Circumstances that may justify a lighter sentence for a defendant.

Aggravating Factors

Elements that increase the severity of a sentence.

Restorative Justice

An approach to justice that emphasizes repairing the harm caused by criminal behavior through accountability and reconciliation.

Criticisms of Capital Punishment:

costly, risk of wrongful conviction, racial bias, no proven deterrent effect.

Witherspoon v. Illinois (1968):

you can’t exclude people from a jury just because they personally oppose the death penalty.

McCleskey v. Kemp (1987):

Statistical racial bias not enough to overturn sentence.

 Roper v. Simmons (2005):

Banned execution of juveniles (<18).

Atkins v. Virginia (2002):

Banned execution of intellectually disabled.

Gregg v. Georgia (1976):

Reinstated death penalty with guided discretion.

Furman v. Georgia (1972):

Death penalty unconstitutional as applied (arbitrary).