criminal justice
Q:What is the role of trial courts in the U.S. adversarial system?
A: They resolve disputes between prosecution and defense through evidence presentation before a judge or jury.
Q: How do appellate courts differ from trial courts?
A: Appellate courts review trial decisions for legal error and do not hear new evidence.
Q: Define original jurisdiction.
A: The authority of a court to hear a case first, usually in trial courts.
Q: What is appellate jurisdiction?
A: The authority to review and revise the decision of a lower court.
Q: What is a court of last resort?
A: The highest appellate court, such as a state supreme court or the U.S. Supreme Court.
Q: Difference between courts of limited and general jurisdiction?
A: Limited = misdemeanors/small claims; General = all criminal and civil cases.
Q: What courts make up the federal court system?
A: U.S. District Courts(94), U.S. Courts of Appeals(12) (Circuit Courts), and U.S. Supreme Court.
Q: What is a writ of certiorari?
A: A formal request to the U.S. Supreme Court to review a lower court decision.
Q: What are common forms of pretrial release?
A: Release on Recognizance (ROR), bail bond, property bond.
Q: What does the 8th Amendment guarantee regarding bail?
A: Protection from excessive bail and cruel and unusual punishment.
Q: Grand jury vs. preliminary hearing?
A: Grand jury issues indictments; preliminary hearings determine probable cause.
Q: Plea options during arraignment?
A: Guilty, not guilty, nolo contendere, or standing mute.
đź“™ Chapter 8: The Courtroom Work Group
Q: Who are the core members of the courtroom work group?
A: Judge, prosecutor, defense attorney, bailiff, clerk, and court reporter.
Q: Who are considered nonprofessional courtroom actors?
A: Defendants, victims, witnesses, jurors, and spectators.
Q: What was the impact of Gideon v. Wainwright (1963)?
A: Required states to provide attorneys to indigent defendants in felony cases.
Q: What are the major stages of a criminal trial?
A: Jury selection, opening statements, evidence presentation, closing arguments, jury instructions, deliberation, and verdict.
Q: What are the two types of jury selection challenges?
A: For cause and peremptory challenges.
Q: What does it mean to sequester a jury?
A: Isolate the jury from outside influences during the trial.
Q: What is a subpoena?
A: A court order requiring someone to appear in court or produce evidence.
Q: What is real evidence?
A: Physical material (e.g., weapon, document).
Q: What is direct evidence?
A: Evidence that directly proves a fact, such as eyewitness testimony.
Q: What is circumstantial evidence?
A: Indirect evidence that implies a fact without direct proof.
Q: What is exculpatory evidence?
A: Evidence that suggests the defendant’s innocence.
Q: What is hearsay?
A: Secondhand statements typically inadmissible in court.
Q: What is perjury?
A: Willfully lying under oath.
Q: What is the standard of proof in a criminal case?
A: Beyond a reasonable doubt.
Q: Define factual guilt vs. legal guilt.
A: Factual = actually committed the crime; Legal = proven guilty in court.
đź“— Chapter 9: Sentencing and Punishment
Q: What are the five goals of criminal sentencing in Schmalleger's model?
A: Retribution, deterrence, incapacitation, rehabilitation, and restoration.
Q: What is retribution?
A: Punishment as deserved, “just deserts.”
Q: What is deterrence?
A: Prevention of crime through the threat of punishment.
Q: What is incapacitation?
A: Restricting the offender's ability to commit crimes (e.g., incarceration).
Q: What is rehabilitation?
A: Efforts to reform an offender.
Q: What is restoration?
A: Repairing harm caused by criminal behavior—often involving victims and communities.
Q: What is reintegration?
A: Helping offenders reenter society successfully after punishment.
Q: What is determinate sentencing?
A: A fixed term of imprisonment with limited judicial discretion.
Q: What is indeterminate sentencing?
A: A sentence with a range, allowing parole boards discretion over release.
Q: What is sentencing disparity?
A: Inconsistent sentencing for similar crimes or offenders.
Q: What is sentencing discrimination?
A: Disparities in sentencing due to race, gender, or socioeconomic status.
Q: What are aggravating circumstances?
A: Factors that increase the severity of the sentence (e.g., use of a weapon).
Q: What are mitigating circumstances?
A: Factors that lessen the severity (e.g., first offense, remorse).
Q: What is a Presentence Investigation (PSI)?
A: A report prepared by a probation officer to help the judge with sentencing decisions.