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153 Cards in this Set
- Front
- Back
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What was the Child Saving Movement?
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A class base movement, wealthy, civic minded citizens who were concerned with the welfare of disadvantaged children. Argued that the state has a responsibility to take control of children who exhibit criminal tendencies or had been neglected by parents. Instrumental in opening the House of Refuge in 1825
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What is the Parens Patriae?
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A doctrine that holds that the state has a responsibility to look after the well-being of a child and to assume the role of parent as necessary.
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Where and when was the first Juvenile court?
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Illinois 1899
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What are the differences between adult and juvenile court?
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There are no juries, different terminology is used for example, instead of warrant there is a petition, and there is no adversarial relationship, more about what’s best for the child, there is confidentiality.
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What happened in Kent vs. United States?
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In 1966, the juvenile in question was sent to an adult court without receiving counsel. Supreme Court ruled that if a juvenile is being moved to adult court, they have the right to counsel
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What was the In re Gault?
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In 1967, the Supreme Court ruled that juveniles have the same due process rights as an adult.
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What was the In re Winship?
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In 1970, the Supreme Court ruled that juveniles have the same right to be assumed innocent as adults.
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What happened in McKeiver vs. Pennsylvania?
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In 1971, the supreme court ruled that juveniles do not have right to trial by jury
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What happened in Breed vs. Jones?
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They were tried in one court system, and then the prosecutor didn’t like the results they went to another court system, the Supreme Court found that this was unconstitutional because it is double jeopardy.
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What are some factors that determine Juvenile delinquency?
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The older a person is, the less likely he or she will exhibit criminal behavior. Age of onset is a consistent predictor of future behavior. Substance abuse plays a major role in juvenile delinquency and crime. Child abuse and neglect.
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Why do youth join gangs?
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It gives youth a sense of identity, it is a necessity in high-crime areas because being a gang member can be seen as a safety net, it is entertaining and exciting.
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What is considered when making discretionary decisions about juveniles?
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The nature of the offense, offenders past history, the setting of the offense, the ability / willingness to take disciplinary action, and the attitude of the offender
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What are some graduated sanctions for Juvenile corrections?
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The most common is probation, non-secure confinement such as foster care programs, group homes, family group homes, or rural programs.
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What is a rural program? .
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Taking inner city youth who have been subjected to a violent atmosphere and sending them to the middle of nowhere so they could be with nature
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What are three common pleas in civil cases?
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Guilty, Not Guilty, Nolo Contendre
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What is Nolo Contendre?
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A plea in court that means “No Contest,” holding their innocence, but waiving a right to a trial. This is a rare instance
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What is a prosecutor’s motivation for a plea bargain?
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They want a conviction
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What is a defense attorney’s motivation for a plea bargain?
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They want the best outcome for their client
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What is the defendant’s motivation for a plea bargain?
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They want some measure of control over the outcome and a lighter sentence
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True or false: About 75% of cases are plea bargained.
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False, about 90% of cases are plea bargained
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What amendment gives a person the right to a speedy trial?
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The Sixth Amendment
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True or false: All 50 states have their own speedy-trial statutes?
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True
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What is the Speedy Trial Act of 1974?
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A federal amendment saying: There can be no more than 30 days between arrest and indictment, there can be no more than 10 days between indictment and arraignment, and there can be no more than 60 days between arraignment and trial
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True or false: The Sixth Amendment guarantees an “impartial” Jury.
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True
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When is a Bench Trial requested?
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If someone gives up their right to trial in their preliminary hearing, the judge can act as the jury.
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What amendment provides the privilege against self-incrimination?
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The Fifth Amendment
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Name one aspect of the Fifth Amendment in respect to witnesses.
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The Fifth Amendment says that witnesses can be granted immunity if they provide information that can be used to testify against another person.
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What did Adamson vs. California (1947) say?
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The decision of a person to “take the fifth” should not prejudice the jury, exercising this right does not give the jury the right to be biased against the person.
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What is the standard of proof in criminal court?
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Beyond a reasonable doubt
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What happens during an opening statement? Who speaks first?
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Each side gets to stand and say what they want to say. The prosecutor speaks first followed by the defense counsel.
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What is a layperson testimony?
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Someone, perhaps a witness, tells a story about the case.
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What is an expert witness testimony?
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A testimony from a person who has professional knowledge or experience and facts or data.
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What is the difference between direct and circumstantial evidence?
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Direct evidence is evidence that shows that the person committed the crime, ex: a videotape, fingerprints. Circumstantial evidence, for example, would be a witness telling the jury that the criminal really hated the murder victim.
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Which is more reliable: direct or circumstantial evidence?
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Direct evidence
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Which side has the “burden of proof”?
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The prosecuting side
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What are some strategies of the Defense?
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Resting is an important strategy, presenting an alibi defense, or present an affirmative defense (self-defense, insanity, duress, entrapment)
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What are the two basic reasons for appeal?
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1. Correct an error made in a trial, 2. Review policy (problem with law itself)
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What are the two roles of Prosecutor?
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Work with law enforcement, answer to the public, be a politician.
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What are the responsibilities of the defense attorney?
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Provide representation to criminal defendants, investigate the incident, communicate with the prosecutor aka plea bargaining, prepare the case for trial; negotiate a sentence (and appealing if necessary)
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What are the two types of defense attorneys?
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Public defenders and Private attorneys
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What happened in Gideon v. Wainwright and what did it decide?
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Gideon was charged with a misdemeanor and asked for a court appointed lawyer, but because he was being charged with a misdemeanor and not a felony, he was not appointed the lawyer. This case decided that both misdemeanors and felony charges deserve appointed lawyers.
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What is Attorney-Client Privilege? Are there Exceptions?
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Communication between attorney and client must be kept confidential unless the client consents to disclosure. Exceptions: if the client is showing signs of mental illness / suicidal thoughts, and if the client tells the defense attorney about a crime they are planning to commit.
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What happens in a Pretrial Detention?
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The “initial appearance” is the first step after arrest, during this appearance; the defendant is informed of the charges, they are advised of the right to counsel, told the amount of bail, given the date for the preliminary hearing.
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What is Bail?
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The amount or conditions set by the court to ensure that the defendant will appear for further criminal proceedings
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What are some common bail determinations?
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The criminal must be bail eligible, release on recognizance, bail denied
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What is a Bail Bondsman?
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When someone is eligible for bail but does not have enough money, the bail bondsman is there to put up the rest of the money but there is interest on this money. You do not get this money back though. Some people do not pay their bondsmen; this is where bounty hunters come in
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How can probable cause be established?
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In the preliminary hearing with a magistrate or judge, the prosecuting attorney presents enough evidence to the judge to say that there is clearly probable cause (defense can file motions to dismiss, to throw the case out).
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True or false: The preliminary hearing may be waived if the criminal wants to “get the show on the road”?
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True
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What is the due process function of the court?
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To protect the rights of the individual against the state
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What is the crime control function of the court?
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Emphasizes punishment and retribution (suffer for harm done
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What are the four competing functions of the court?
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Due process function, crime control function, rehabilitation function, bureaucratic function
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What is Jurisdiction?
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the authority of a court to hear and decide cases within an area of the law or geographic territory
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List and describe the two types of jurisdiction.
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Geographic, based on location and zones. Subject-matter jurisdiction which can be split into two categories: courts of general jurisdiction and courts of limited jurisdiction
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What are some examples of limited jurisdiction?
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Traffic violation court, drug court.
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What is the difference between trial court and appellate court?
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Trial Courts have original jurisdiction, they are concerned with questions of fact whereas Appellate Courts asks did the trial court handle the case correctly? Were the person’s rights tampered with? Courts of review, concerned with questions of law. A review system
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True or false: The state court system has limited jurisdiction but the federal court system does not.
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False, both court systems, federal and state, have limited jurisdiction
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What are the three tiers of the federal court system?
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- US District Court
- US Court of Appeals - US Supreme Court |
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How many supreme court justices are there?
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Nine
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True or False: The Supreme Court reviews 10% of all court cases
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False, The Supreme Court reviews 0.5% of all court cases
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How are federal court judges appointed?
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They are appointed by the president and confirmed by the senate
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What is the attorney general?
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The chief law enforcement officer. He or she is charged with enforcement in the state, their main role is for determining major issues.
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What is the prosecution?
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Criminal cases are tried by public prosecutors, who are employed by the government
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What is the attorney general?
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The chief law enforcement officer. He or she is charged with enforcement in the state, their main role is for determining major issues.
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What are the two roles of the prosecutor?
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To work as a crime fighter maintaining a working relationships with law enforcement. Also, answer to the public because they are an elected official.
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What percentage of people want tougher sentencing for gun crimes?
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78%
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What percentage of households own a firearm?
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42%
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What percentage of people are in favor of banning handguns?
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29%
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What percentage of people want tougher sentencing for gun crimes?
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78%
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What percentage of people are in favor of banning assault weapons?
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50%
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What percentage of households own a firearm?
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42%
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What percentage of people think gun permits should be required?
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80%
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What percentage of people are in favor of banning handguns?
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29%
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What percentage of people agree with the 5-day waiting period?
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80%
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What percentage of people are in favor of banning assault weapons?
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50%
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How many gun deaths are there annually in USA?
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30,000
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What percentage of people think gun permits should be required?
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80%
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How many gun-related suicides are there in the USA?
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17,000
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What percentage of people agree with the 5-day waiting period?
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80%
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How many gun-related homicides are there in the USA?
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10,000
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How many gun deaths are there annually in USA?
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30,000
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What was the Youth Handgun Safety Act?
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In 1994, juveniles were prohibited from owning a handgun
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How many gun-related suicides are there in the USA?
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17,000
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How many gun-related homicides are there in the USA?
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10,000
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What percentage of people want tougher sentencing for gun crimes?
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78%
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What was the Youth Handgun Safety Act?
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In 1994, juveniles were prohibited from owning a handgun
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What percentage of households own a firearm?
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42%
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What percentage of people are in favor of banning handguns?
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29%
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What percentage of people are in favor of banning assault weapons?
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50%
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What percentage of people think gun permits should be required?
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80%
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What percentage of people want tougher sentencing for gun crimes?
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78%
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What percentage of people agree with the 5-day waiting period?
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80%
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What percentage of households own a firearm?
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42%
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How many gun deaths are there annually in USA?
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30,000
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What percentage of people are in favor of banning handguns?
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29%
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How many gun-related suicides are there in the USA?
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17,000
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What percentage of people are in favor of banning assault weapons?
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50%
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How many gun-related homicides are there in the USA?
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10,000
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What percentage of people think gun permits should be required?
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80%
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What was the Youth Handgun Safety Act?
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In 1994, juveniles were prohibited from owning a handgun
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What percentage of people agree with the 5-day waiting period?
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80%
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How many gun deaths are there annually in USA?
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30,000
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How many gun-related suicides are there in the USA?
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17,000
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How many gun-related homicides are there in the USA?
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10,000
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What was the Youth Handgun Safety Act?
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In 1994, juveniles were prohibited from owning a handgun
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How many firearms are there in America?
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There are 270 million firearms in America.
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How many handguns are there in America?
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97 Million
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Which part of the country are firearms most prevalent?
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The Southeast
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Around what year did America start having more regulation for gun dealers?
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The mid 1990s
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In the 1990s, what was the average annual school gun homicide rate?
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About 30 gun homicides per year
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What was MTF?
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Monitoring the Future, a drug self-report survey given to 8th, 10th, and 12th graders
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What was DAWN?
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Drug Abuse Warning Network, drug or alcohol related ER data is collected
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What was ADAM?
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Arrestee Drug Abuse Monitoring, urine samples and self-report data was collected from people who are arrested
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What percentage of federal prisoners are locked up for drug related charges?
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52%
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What percentage of state prisoners are locked up for drug related charges?
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20%
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What is the ONDCP?
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Office of National Drug Control Policy
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How many alcohol related deaths are there compared to drug related deaths per year?
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94,000 alcohol-related deaths
21,000 drug-related deaths |
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What are the percentages of drug use between blacks, whites, and hispanics?
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Blacks - 10%
Whites - 8% Hispanics - 6% |
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What are the competing functions of the court?
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Bureaucratic
Rehabilitation Crime Control Due Process |
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What are the three supreme court decisions?
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Opinion of the Court
Dissenting Opinion Concurring Opinion |
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What are the competing functions of the court?
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Bureaucratic
Rehabilitation Crime Control Due Process |
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What is the standard of proof in criminal court?
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Beyond reasonable doubt
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What are the three supreme court decisions?
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Opinion of the Court
Dissenting Opinion Concurring Opinion |
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True or false, both the prosecution and the defense can appeal.
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False, only the defense can appeal because the prosecution is limited by double jeopardy
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What is the standard of proof in criminal court?
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Beyond reasonable doubt
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What are the two basic reasons for appeal?
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To correct an error made in trial
To review policy |
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True or false, both the prosecution and the defense can appeal.
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False, only the defense can appeal because the prosecution is limited by double jeopardy
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What are the purposes for sentencing?
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Retribution
Incapacitation Deterrence Rehabilitation |
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What are the themes of punishment?
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Get tough (make offenders pay)
Reform offenders (still worthwhile) Save money (economy in sentencing) Sentence Equity (structure discretion) |
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What are the two basic reasons for appeal?
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To correct an error made in trial
To review policy |
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What is the truth-in-sentencing law?
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A legislative attempt to ensure that convicts will serve approximately the terms to which they were initially sentenced
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What are the purposes for sentencing?
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Retribution
Incapacitation Deterrence Rehabilitation |
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What are the 6 forms of punishment?
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Capital Punishment
Imprisonment Probation Fines Restitution and Com. Service Restorative Justice |
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What are the themes of punishment?
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Get tough (make offenders pay)
Reform offenders (still worthwhile) Save money (economy in sentencing) Sentence Equity (structure discretion) |
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What are the 3 factors of sentencing?
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Seriousness of the crime
Judicial Philosophy Aggravated mitigating circumstances |
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What is the truth-in-sentencing law?
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A legislative attempt to ensure that convicts will serve approximately the terms to which they were initially sentenced
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What are the 6 forms of punishment?
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Capital Punishment
Imprisonment Probation Fines Restitution and Com. Service Restorative Justice |
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What are the 3 factors of sentencing?
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Seriousness of the crime
Judicial Philosophy Aggravated mitigating circumstances |
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What 2 Supreme Court cases had to do with the death penalty?
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Furman v. Georgia
Roper v. Simmons |
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What percentage of murder convicts are sentenced to death?
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Less than 2%
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What 2 Supreme Court cases had to do with the death penalty?
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Furman v. Georgia
Roper v. Simmons |
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What 2 Supreme Court cases had to do with the death penalty?
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Furman v. Georgia
Roper v. Simmons |
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What percentage of murder convicts are sentenced to death?
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Less than 2%
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What percentage of murder convicts are sentenced to death?
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Less than 2%
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When did the child saving movement open the house of refuge?
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1825
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When did the child saving movement open the house of refuge?
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1825
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What year did all states have a juvenile court?
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1945
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When did the child saving movement open the house of refuge?
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1825
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What year did all states have a juvenile court?
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1945
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What year did all states have a juvenile court?
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1945
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What 2 Supreme Court cases had to do with the death penalty?
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Furman v. Georgia
Roper v. Simmons |
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What percentage of murder convicts are sentenced to death?
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Less than 2%
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When did the child saving movement open the house of refuge?
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1825
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What year did all states have a juvenile court?
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1945
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