Administration Of Justice Exam 2

Front 1

1. In big cities, how do judges appoint an indigent defendant counsel?

Back 1

through an office of public defenders

Front 2

2. In small cities, how to judges appoint counsel to an indigent defendant?

Back 2

at random

Front 3

3. What's the legal definition of a crime? (four parts)

Back 3

1) an act or admission
2) prohibited by law
3) prosecuted by the state in its own name
4) punishable by a potential term of incarceration upon finding of liability

Front 4

98% of TRUE CRIMES are actions that "you ---- --- ------ --"

Back 4

will not engage in

Front 5

NEGATIVE CRIMES are crimes of -------- or ------- -- -- ---------

Back 5

omission
failure to do something that the law requires you to do

Front 6

6. What are the two classifications of crimes?

Back 6

felonies and misdemeanors

Front 7

7. What are the two ways to define a felony?

Back 7

more than one year incarceration or incarceration in a state prison or penitentiary

Front 8

8. How do you define a misdemeanor

Back 8

any crime that's not a felony

Front 9

9. What are the 3 components of a JAIL?

Back 9

-two populations (convicted misdemeanors and pretrial detainees)
-established and funded by the county
-elected sheriff = chief jail administrator

Front 10

10. What are the 3 components of a PRISON?

Back 10

-convicted felons
-established and funded by the state
-wardens are appointed by the institution's director

Front 11

11. What's the definition of a capital felony?

Back 11

a felony punishable by life in prison or the death sentence

Front 12

12. What's the punishment for a 1st degree felony?

Back 12

5-99 years incarceration and/or a 10,000 fine

Front 13

13. What's the punishment for a 2nd degree felony?

Back 13

2-20 years incarceration and/or 10,000 fine

Front 14

14. What's the punishment for a 3rd degree felony?

Back 14

2-10 years incarceration and/or 10,000 fine

Front 15

15. What's the punishment for a Class A Misdemeanor?

Back 15

<12 months in jail and/or 4,000 fine

Front 16

16. What's the potential punishment for a Class B Misdemeanor?

Back 16

up to 180 days in county jail and/or up to $4,000 fine

Front 17

17. What's the punishment for a Class C Misdemeanor?

Back 17

$500 fine

Front 18

18. Does a Class C Misdemeanor have a potential for incarceration?

Back 18

no

Front 19

19. Name the 8 pre-trial procedures.

Back 19

1) Crime committed
2) complaint filed
3) arrest made
4) booking
5) initial appearance
6) preliminary hearing/examination
7) accusatory pleading
8) arraignment

Front 20

20. Define a complaint.

Back 20

allegation of criminal activity filed before a governmental officer

Front 21

21. Who can file a complaint?

Back 21

judge
police
victim
witness

Front 22

22. What's the definition of an arrest?

Back 22

an agent of the government exercises dominion or control over a person because of an alleged violation of the law predicated upon probable cause

Front 23

23. What are the types of arrests?

Back 23

with a warrant
without a warrant

Front 24

24. What is a warrant?

Back 24

a judicial command

Front 25

25. What is an affidavit?

Back 25

a written argument for probable cause

Front 26

26. Who writes the affidavit?

Back 26

the affiant

Front 27

27. Who issues a warrant?

Back 27

judges

Front 28

28. Explain the 4 corners rule?

Back 28

affidavit must not be predicated upon oral argument--it must be written

Front 29

29. What's the problem with an arrest without a warrant?

Back 29

has not been subjected to judicial review

Front 30

30. When is an arrest without a warrant subjected to judicial review?

Back 30

preliminary hearing

Front 31

31. Who has the burden of proof when an arrest is made with a warrant?

Back 31

the defense has the burden of proof because there's a presumption of validity of probable

Front 32

32. What pre-trial procedure sets up the docket for initial appearance?

Back 32

booking

Front 33

33. When is the first of 3 times that an arrested person comes before a judge an arrest is made?

Back 33

initial appearance

Front 34

34. During the initial appearance, is criminal liability addressed?

Back 34

no

Front 35

35. What's the constitutional source for initial appearance?

Back 35

6th amendment right to be informed of nature and cause of the accusations against you

Front 36

36. What are the four items of business for the initial appearance?

Back 36

1) arrestee informed of charges
2) mirandized
3) indigency determined
4) temporary disposition

Front 37

37. Why was Miranda v. Arizona important?

Back 37

inform the arrested of their constitutionally guaranteed rights

Front 38

38. Indigency is based on which constitutional right?

Back 38

6th amendment right to counsel

Front 39

39. What was the significance of Chandler v. Fretag?

Back 39

supreme court said defendant can hire anyone they want, so long as their representative has a license to practice

Front 40

40. What's the significance of Powell v Alabama?

Back 40

9 black males riding the rails are accused of rape, convicted without counsel. supreme court says right to counsel only applies when it's a capital felony.

Front 41

What's the significance of Betts v Brady?

Back 41

6th amendment right to counsel is not fundamental when the case deals with a non-capital felony

Front 42

What's the significance of Gideon v Wainwright?

Back 42

overturned Betts v Brady -- 6th amendment right to counsel is fundamental when dealing with a misdemeanor

Front 43

Which case determined that an indigent defendant has a fundamental right to counsel whenever he faces actual imprisonment?

Back 43

argersinger v. hamlin

Front 44

What's the significance of Scott v Illinois?

Back 44

upheld argersinger v hamlin

Front 45

Which case determined that the 6th amendment right to counsel was fundamental whenever the potential for incarceration exists?

Back 45

alabama v. shelton

Front 46

what's the rule for indigency determination?

Back 46

there is none

Front 47

What are the four ways appointments are made?

Back 47

-assigned counsel system (rotating list/at random)
-office of public defenders
-contract
-voluntary defender program

Front 48

What are the 3 components of temporary disposition?

Back 48

-bail
-denial of bail
-release on recognizance

Front 49

Define bail.

Back 49

surety required by the judge to ensure arrestee's appearance at further proceedings against him or her

Front 50

What's the significance of Stack v Boyle?

Back 50

8th amendment's excessive bail means any amount that exceeds the required amount that reasonably assures arrestee's appearance at further proceedings against him

Front 51

What are the two purposes of setting conditions in addition to bail?

Back 51

1) assure arrestee's appearance at further proceedings against him
2) protect community and victim

Front 52

Define preventive detention

Back 52

corruption of theory of bail - setting bail amount too high for arrestee to reach for the purpose of keeping arrestee off the streets

Front 53

What are the two conditions for denying bail?

Back 53

1) capital felony
2) clear and convincing evidence of arrestee's complicity in alleged capital felony

Front 54

What's the purpose of a preliminary hearing?

Back 54

to determine probable cause of arrests made without a warrant

Front 55

Define evidence.

Back 55

means by which an alleged fact is proven or disproven

Front 56

Define proof.

Back 56

the effect that evidence has on the trier of fact

Front 57

What are the different types of evidence (4)?

Back 57

-testimonial
-physical/tangible
-documentation
-scientific

Front 58

What are the 9 levels of proof?

Back 58

1. absolute certainty
2. beyond reasonable doubt
3. clear and convincing evidence
4. preponderance of evidence
5. probable cause
6. reasonable grounds
7. reasonable doubt
8. articulatable suspicion
9. no information

Front 59

Which level of proof is necessary for the police to interfere in your life?

Back 59

articulatable suspicion

Front 60

Which level of proof do defense attorneys seek to put into the minds of jurors?

Back 60

reasonable doubt

Front 61

Which level of proof is required for the "stop and frisk"?

Back 61

reasonable grounds

Front 62

Which level of proof is required for a warrant? Which amendment provides for it?

Back 62

probable cause (4th amendment)

Front 63

If the police has enough evidence to make a constitutional arrest, do they have enough to convict in a trial?

Back 63

no

Front 64

Which 2 cases deal with PROBABLE CAUSE?

Back 64

Briniger v US
Carol v US

Front 65

Which level of proof is required for civil litigation?

Back 65

preponderance of evidence

Front 66

At the preliminary hearing, who's really on trial?

Back 66

the arresting officer

Front 67

What are the 3 rulings of a preliminary hearing?

Back 67

-bind over as charged
-bind over on modified charges
-dismissal

Front 68

Where does the defendant get the first opportunity to exit the justice system unscathed?

Back 68

Preliminary Hearing

Front 69

At which stage does the prosecution decide whether there is sufficient evidence to convict?

Back 69

Accusatory Pleading

Front 70

Define a motion.

Back 70

a written or oral request asking the judge to take a certain course of action

Front 71

What are the 3 components of a MOTION OF DISCOVERY?

Back 71

-list of prosecution witnesses
-inventory of physical evidence
-copies of documentary evidence

Front 72

Define a motion for the BILL OF PARTICULARS.

Back 72

and updated discovery motion

Front 73

Define a CHANGE OF VENUE.

Back 73

request to have the trial moved to a different judicial district

Front 74

Define a motion for SUPPRESSION

Back 74

request that evidence be omitted because of the violated 4th amendment (search and seizure)

Front 75

Define a motion for CONTINUANCE.

Back 75

motion for postponement (stalling method) defense needs more time to prepare

Front 76

What motion comes at the end of every preliminary hearing?

Back 76

motion for dismissal

Front 77

What's a MOTION for SEVERANCE?

Back 77

break up multiple charges into multiple hearings

Front 78

What is the term for when a judge removes him/herself from proceedings (or grounds for removing the judge on questionable impartiality)?

Back 78

recusal

Front 79

What is the term for the mechanism by which a prosecution is formally commenced?

Back 79

accusatory pleading

Front 80

What are the two ways to hand down an accusatory pleading?

Back 80

-grand jury indictment
-prosecutorial information

Front 81

What's the purpose of grand jury indictment?

Back 81

-it's the government's way of saying they have enough information to convict the defendant

Front 82

Why does the federal government use a grand jury to hand down an accusatory pleading?

Back 82

because of the 5th amendment right to grand jury

Front 83

How does the federal government hand down an accusatory pleading?

Back 83

grand jury indictment

Front 84

What are the potential outcomes of a grand jury indictment?

Back 84

-true bill of indictment
-ignoramus

Front 85

Where's the defendant's 2nd opportunity to exit the justice system unscathed?

Back 85

accusatory pleading

Front 86

What is prosecutorial information?

Back 86

a written statement

Front 87

What was the significance of Hurtado v California?

Back 87

5th amendment right to grand jury indictment is not fundamental to the administration of justice

Front 88

What is a NOL/NULL PROSSE OR A NOLI PROSEQUI?

Back 88

essentially an ignoramus for prosecutorial information

Front 89

What's the purpose of an ARRAIGNMENT?

Back 89

take the defendant's response to the accusations made in the accusatory pleading

Front 90

What are the 3 available pleas at an ARRAIGNMENT?

Back 90

-not guilty
-nolo contendere
-guilty

Front 91

What happens when the defendant pleads NOT GUILTY?

Back 91

date for trial is set

Front 92

What is the effect of pleading NOLO CONTENDERE?

Back 92

essentially you're pleading guilty, but your trial stuff cannot be used as an admission of liability in a civil proceeding

Front 93

What does a GUILTY plea result in?

Back 93

-no right to appeal
-no right to protection against self-incrimination
-no 6th amendment rights

Front 94

What was the significance of BOYKIN v ALABAMA?

Back 94

Judge must affirmatively document:
-defendant has been apprised of the ramifications of pleading guilty
-defendant is entering plea voluntarily
-defendant is mentally competent to understand guilty plea

Front 95

What was the significance of Brady v. US?

Back 95

guilty plea is voluntary even if you are faced with plea guilty or face the death penalty