Criminal Justice Exam 3

 ______ are the courts of last resort for most appeals in the federal court system, since most either are not appealed to the Supreme Court or are not granted certiorari by the Supreme Court.

The U.S. Courts of Appeal

Those appellants seeking to have their cases reviewed by the Supreme Court who cannot afford to meet the standards can be granted exceptions termed ______.

In Forma Pauperis Briefs

The Supreme Court also has original jurisdiction with discretionary cases, which means that the Supreme Court ______.

May accept the case even though it is not required to do so

District courts may also serve as appellate courts for those cases tried before a ______.

U.S. Magistrate

A state court will hear cases dealing with violations such as treason or counterfeiting money.

False

The geographic area where the trial occurs is referred to as the ______.

Venue

The current chief justice of the Supreme Court is ______.

John Roberts

The number of justices serving on the Supreme Court is determined by the Constitution.

False

______ are written briefs submitted by interested parties or organizations.

Amicus Curiae Briefs

All of the following are considered trial courts of limited jurisdiction EXCEPT ______.

Appellate Court

Jury pools are selected from all of the following areas EXCEPT ______.

Tax rolls, voting lists, telephone directories, drivers license records

The only cases the Supreme Court must hear are those involving ______.

a lower federal court declaring an act of Congress (a piece of legislation) to be unconstitutional, where the federal government is a party.

Public defenders are used by all states and the federal government as a way to provide legal defense to indigent offenders.

False

Under the ______ Amendment to the U.S. Constitution, every person accused of a crime has the right to adequate legal counsel.

Sixth

The Supreme Court’s power of judicial review, to act as a check on the behavior of other branches of government, was determined by ______.

Marbury vs. Madison

Amicus Curiae Briefs

Also known as “friends of the court” briefs, are submitted by interested parties to the U.S. Supreme Court to provide the justices with other perspectives or legal arguments about the case at hand.

Appellate Jurisdiction

Courts responsible for hearing cases that have already been heard in a lower court but are being appealed for a legal reason.

Article III of the U.S. Constitution

The section of the Constitution that defines the judicial branch of government, or the court system.

Assigned Counsel

Court-assigned private attorneys who represent indigent defendants.

Bailiff

A courtroom employee, typically an armed law enforcement officer, who maintains order in the courtroom and ensures that the defendant is not able to escape or harm others.

Contract System

A method of providing counsel to indigent defendants whereby private law firms prepare an estimated cost for providing legal counsel, and the firm with the lowest bid to represent these offenders is awarded the responsibility.

Courtroom Workgroup

The collection of court personnel, who each have their own distinct roles but also work together to ensure that cases run smoothly through the system.

Defense Attorney

An attorney who represents a person accused of a crime; he or she attempts to obtain an acquittal throughout all stages of the adjudication process.

Docket Number

The identification number assigned to a case.

Dual Court System

The simultaneous existence of two court systems, federal and state.

Federal Magistrates

Officials who have the authority to hear cases that involve minor federal misdemeanor offenses as well as to issue arrest or search warrants to federal law enforcement officers, conduct preliminary hearings, and set bail for defendants.

In Forma Pauperis

The waiving of costs associated with a criminal defense, for appellants who cannot afford to pay.

Intermediate Appellate Courts (State)

Also called courts of appeals, these courts review decisions from lower court proceed-ings if a party to the original case believes that either the procedures followed during the trial stage or the decision rendered by the lower court was unconstitutional.

Judiciary Act of 1789

The law that set forth the United States’ federal court structure and defined the jurisdiction and role of the federal courts.

Jurors

Citizens who, after hearing the evidence from both sides of a case, determine the guilt or innocence of a defendant and, in some cases, also recommend an appropriate sentence.

Law Clerks

Court employees who keep cases progressing smoothly by completing tasks such as researching cases, reviewing documents, summarizing cases, preparing cases, or writing documents.

Majority Opinion

A decision by an appellate court that describes the finding of the majority of the justices.

Original Jurisdiction

Courts that hear cases initially or for the first time.

Per Curiam Opinion

A legal opinion from an appellate court that is a brief, unsigned doc-ument in which the court agrees with part of a lower court ruling but disagrees with other parts.

Prosecutor

A primary actor in the court-room who is responsible for filing criminal charges and then presenting the state’s case against that defendant to a judge and/or jury in the hopes of proving the defendant’s guilt.

Public Defender

An attorney who provides legal representation for defendants who cannot afford private legal counsel.

Rule of Four

The rule stipulating that four of the nine Supreme Court justices must agree to hear a case in order for it to move forward.

State Supreme Courts

Usually the court of last resort in the state; hears cases on appeal from lower state courts.

Stenographer

A court employee who records all events that occur during a trial.

Trial Courts of General Jurisdiction (State)

State courts that have jurisdiction over general cases.

U.S. Courts of Appeals

Also called inter-mediate appellate courts, or U.S. circuit courts of appeals, these are the courts of last resort for most appeals in the federal court system; they review cases appealed to them from the federal courts within a given district.

U.S. Court Of Appeals for the Federal Circuit

Also referred to as the thirteenth circuit court, this body hears cases from all across the nation related to patent cases, contract cases, and other civil actions in which the United States is a defendant, as well as appeals.

U.S. District Courts

General trial courts, and the courts of original jurisdiction, for the federal system.

U.S. Supreme Court

The highest court in the United States; it is largely an appellate court but also has original jurisdiction in some cases.

Venue

The place where a case is heard, typically the court located in the same geographic area in which the criminal behavior occurred.

Writ of Certification

A legal document in which the Supreme Court justices are asked to respond to a question about a federal law or to clarify an issue with the federal law.

A judge formally informs defendants of the charge(s) brought against them by the prosecutor in the ______.

Initial Apperance

The ______ Amendment protects against excessive bail.

Eighth

The pre-sentence investigation is completed by a ______, who interviews the offender’s family, friends, and others to discover more about the offender’s background.

Probation Officer

Over time, _______ became the standard for determining the maximum delay between an arrest and a first appearance.

48 hours

To serve on a grand jury, most states require that a person be at least _______ years old, a U.S. citizen, a resident of the jurisdiction for at least one year, and able to read and write English.

18

In _____ cases, the prosecution and defense are able to negotiate a plea.

90%

With ______, it is not required that the attorneys provide a reason or explanation why they want a potential juror dismissed.

a premptory challenge

The grand jury process must prove a defendant’s guilt beyond a reasonable doubt.

False

The ______ is the first stage of the trial process and occurs shortly after the indictment has been declared by the grand jury.

Arraignment

In some states, the victim is allowed to participate as a fifth actor in the plea bargaining process.

True

When a defendant is admitting criminal liability for purposes of this proceeding only, it is termed ______.

Nolo Contendere

A ______ can enter a plea of not guilty on behalf of the accused if he or she feels that the plea was not voluntary or that the defendant did not fully understand the implications of the plea.

Judge

Who decides if an offender should be charged with a criminal offense after arrest?

Prosecutors

Williams v. Florida ruled that a smaller jury is constitutionally permissible, allowing for ______.

Six-member Juries

The grand jury system was established by the _______ Amendment of the U.S. Constitution.

Fifth

Adjudication

A proceeding in the juvenile justice system that is similar to a trial in the adult system, but the evidence is presented to a judge rather than a jury.

Anti-Terrorism and Effective Death Penalty Act

Passed by Congress in 1996, this law set a one-year time limit on any defendant seeking to file a habeas corpus petition and placed restrictions on a federal court’s ability to overturn a state court’s criminal conviction.

Appeal

The process by which a second court reviews the conviction or sentencing decision made by a lower court.

Bail

A monetary bond that is paid by a defendant after an arrest as a way to obtain release before the trial.

Charging

The state’s prosecutor (often the district attorney) decides what charges, if any, should be formally brought against the suspect.

Defendants’ Rights

The rights guaranteed to defendants in a criminal case, as defined by the U.S. Constitution and the Supreme Court.

Double Jeopardy

According to the Fifth Amendment to the U.S. Constitution, a defendant cannot be put on trial twice for the same offense.

Grand Jury

Citizens who hear evidence against a person accused of a crime and help to determine the appropriate charges that should be brought against that person.

Initial Appearance (Juveniles)

A legal proceeding in the juvenile justice system in which a young suspect is asked to appear to hear the formal charges against him or her and to be informed of his or her legal rights.

Judicial Process

The progression of a case through the judicial system.

Jury Deliberations

The stage in the trial process, after the attorneys present their closing arguments, when the members of the jury privately discuss the facts of the case to decide the verdict.

Jury Instructions

When the presiding judge explains the law to the jurors and informs them about the specific elements of the offenses with which the defendant is charged or of any lesser offenses that may be relevant.

Jury Selection

The process by which an impartial jury is chosen to hear the evidence in a trial; includes the voir dire process, when potential jurors are questioned.

Plea Bargaining

A system in which the defendant gives up his or her right to a trial in exchange for a reduction in charges or the sentence imposed.

Presentence Investigation

Written by a probation officer, this document provides the judge with detailed information about the offender prior to the sentencing phase of a trial.

Pretrial Motions

Requests, either oral or written (called petitions), that are made to a court seeking a finding, a decision, or an order.

Preventive Detention

The act of holding a defendant prior to the trial if it is believed that he or she may be a flight risk or dangerous to the community.

Sentencing

The stage of adjudication, after a defendant either pleaded guilty or was found guilty, whereby punishment is formally imposed.

Speedy Trial Act of 1974

A law passed by Congress that defines a “speedy trial” so that there should be no more than 30 days between arrest and indictment, no more than 10 days between indictment and arraignment, and no more than 60 days between arraignment and trial.

Waiver

The process by which a juvenile offender who commits an extremely violent or serious offense can be tried in an adult court if the juvenile judge waives his or her jurisdiction.

Writ of Habeas Corpus

A judicial procedure in which an offender’s sentence is reviewed to determine whether it is fair or whether the per-son is being held illegally.

All of the following are considered reasons for court overcrowding EXCEPT______.

Too many defense attorneys

In cases involving individuals found guilty but mentally insane, offenders are held responsible for their crimes, but it is recognized that there was some mental illness that played a role in the behavior.

True

Generally, the public does not support the idea of three-strikes laws.

False

Pro bono work involves ______.

Volunteer Lawyers

When cases are not heard quickly by the justice system, confidence in the system declines among the general public.

True

When a prosecutor withholds important exculpatory evidence (favorable evidence) from the defense, it is called ______.

a Brady Violation

Before reform and before the juvenile justice system was established, offenders who were between the ages of ______ and 14 could be criminally liable if the prosecutor could prove that the juvenile was mentally and morally mature.

7

One of the solutions for court overcrowding is plea bargaining, where a defendant pleads ______ in return for reduced charges or punishment.

Guilty

The passing of the ______ practically eliminated good time credits for inmates.

Comprehensive Crime Control Act

If the defense can show that the offender was induced to commit crime by law enforcement, it may be an excuse or reason why the crime was committed. This is termed ______.

Entrapment

Opponents to plea bargaining state that because offenders are not punished for their crimes, negotiated pleas increase the potential deterrent effect of the law.

False

In 1975, the state of Alaska eliminated plea bargaining, and a study was conducted.

True

According to the text, the courts are insulated from politics and cannot suffer repercussions resulting from their actions; therefore, they are able to step in and make policies without political backlash.

True

If preliminary hearings were combined with ______, court proceedings would become faster and more efficient.

Arraignments

If a(n) ______ is used in the plea bargaining process, it frees up time on the part of the lead prosecutor to focus on serious cases.

Assistant Prosecutor

Court Backlogs

The sometimes-long delay between arrest and a trial for some defendants.

Court Overcrowding

A situation in which there are too many cases for the courts to hear

Determinate Sentencing

Also called “fixed” sentencing, a method for sentencing convicted offenders in which a fixed, or definite, sentence is imposed.