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64 Cards in this Set
- Front
- Back
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What are the titles of the officials responsible for criminal prosecution at the federal, state, and local levels of government? |
US attorney, state attorney general, prosecuting attorney |
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What are the roles of the prosecutor? |
-Trial counsel for the police -House counsel for the police -Representative of the court -Elected official |
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What is the dual courts system? |
Separate federal and state court systems handling cases in the US |
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What different categories of courts exist within the federal system? |
-the Supreme Court of the US
-circuit courts of appeals -district courts |
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What different categories of courts exist within state court systems? |
-appellate court of last resort -intermediate courts of appeals -trial courts of general jurisdiction -trial courts of limited jurisdiction |
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What does it mean for courts to be decentralized? |
Operated and controlled by local communities, not a statewide administration. Most state and county courts are decentralized |
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What are the main goals of advocates of judicial reform? |
-To create a unified court system with consolidated and simplified structures -having centralized management -full funding by the state -central personnel system |
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Why might it be important for judges to represent different segments of society? |
So that all segments of society will view the decisions as legitimate and fair |
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What are judges' main functions? |
-Adjudicator -Negotiator -Administrator |
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Why do political parties often prefer that judges be elected? |
To secure the support of attorneys who aspire to become judges and to ensure that courthouse positions are allocated to party workers |
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What are the steps in the merit-selection process? |
-When a vacancy occurs, a nominating commission is appointed that sends the governor the names of approved candidates -The governor must fill the vacancy from this list -After a short term, referendum is held to ask the voters whether the judge should be obtained |
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What is the purpose of preliminary hearings? |
Inform defendants of their rights and determine if there is probable cause |
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What is the purpose of arraignments? |
They involve the formal reading of charges and the entry of plea |
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What is the purpose of defense motions? |
Motions seek information and the vindication of defendants' rights |
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Why and how are cases filtered out of the system? |
They are filtered out through discretionary decisions of prosecutors and judges when there isn't enough evidence or when prosecutors believe their scarce resources are best directed at other cases |
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What factors affect whether bail is set and how much money or property a defendant must provide to gain pretrial release? |
Based on the judge's evaluation of the seriousness of the offense and the defendant's prior record It is influenced by the prosecutor's recommendations and the defense attorney's counterarguments about the defendants personal qualities and ties to the community |
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What positive and negative effects does the bail agent have on the justice system? |
Pos: reminding defendants about their court dates and finding them if they don't show up Neg: contribute to corruption and discrimination |
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What methods are used to facilitate pretrial release for certain defendants |
-police citations -release on own recognizance (ROR) -bail fund -10 percent cash bail |
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How did the US Supreme Court rule in cases involving preventive detention? |
It does not violate the Constitution's ban on excessive bail because detentions are not punishment and are merely a way to protect the public |
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What categories of people are found in jails? |
-Pretrial detainees who didn't pay bail -People serving short sentences for misdemeanors -People convicted of felonies waiting to go to prison -People with psychological or substance problems that have been taken off the streets |
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How does a prosecutor use discretion to decide how to treat each defendant? |
The prosecutor can determine the type and number of charges, reduce the charges in exchange for a guilty plea, or enter a nolle prosequi ( |
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What is a nolle prosequi? |
Dropping some or all of the charges |
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What are the prosecutor's key exchange relationships? |
-Police -Victims and witnesses -Defense attorneys -Judges |
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What are the three models of prosecution policy and how do they differ? |
1.) Legal sufficiency 2.) System efficiency 3.) Trial sufficiency |
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What does legal sufficiency mean? |
Is there sufficient evidence to pursue a prosecution? |
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What does system efficiency mean? |
What will be the impact of this case on the system with respect to caseload pressures and speedy disposition? |
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What does trial sufficiency mean? |
Does sufficient evidence exist to ensure successful prosecution of this case through a trial? |
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What are the three main methods of providing attorneys for indigent defendants? |
-Assigned counsel -Contract counsel system -Public defender |
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Are public defenders more effective than private defense attorneys? |
Research shows little difference in outcomes |
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How has the US Supreme Court addressed the issue of attorney competence? |
By requiring defendants to prove that the defense attorney made specific errors that affected the outcome of the case |
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How does the local legal culture affect criminal cases? |
It consists of norms that distinguish between one court and those in other jurisdictions. Those norms dictate expectations about how members treat one another and how cases should be processed |
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How does a courtroom workgroup form and operate? |
Goals and norms are shared and a set of roles become stabilized |
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What is the courtroom workgroup made up of? |
-Judge -Prosecutor -Defense counsel -Support staff assigned to a specific courtroom |
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Why are similar cases treated differently in different cities? |
The structure of the courtroom workgroup and the influence of sponsoring organizations which can affect prosecuting policies and public defender assignments |
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Why does the plea bargain occur |
-Defendants gain less than maximum sentences -prosecutors gain sure convictions -defense attorneys get immediate resolution of cases -judges do not have to sit through trials |
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What is implicit plea bargaining? |
When prosecutors and defense attorneys reach a resolution based on the going rate for sentences in the local legal culture |
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What issues concerning the plea bargain has the Supreme Court examined? |
-Whether the defendant pleads guilty in a knowing and voluntary way -Guilty pleas from defendants who still claim to be innocent -Prosecutors and defendants obligations to fulfill their plea agreements |
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What are the criticisms of plea bargaining? |
Pressures on defendants to surrender their rights and concerns that society's criminal punishments are reduced |
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What percentage of felony cases reach conclusion through a trial? |
Only 3-4% |
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What has the Supreme Court decided concerning the size and unanimity requirements of juries? |
Juries can have as few as 6 jurors except for death penalty cases where 12 are required |
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What is voir dire? |
The jury-selection process where lawyers and judges ask questions to possible jurors |
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What is the difference between peremptory challenge and a challenge for the cause? |
A challenge for the cause- a juror is biased and cannot make a fair decision Peremptory challenge- The attorney doesn't have to give a reason why they don't want the juror |
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What is real evidence? |
physical evidence such as a weapon, records, fingerprints; objects actually involved in the crime |
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What is demonstrative evidence? |
Demonstrates information relevant to the crime; maps, X-rays, photographs |
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What is direct evidence |
Eyewitnesses (I saw John fire the gun) |
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What is circumstantial evidence? |
Evidence that the jury must infer (I saw John walk behind the house with a gun then I heard it go off and then he was walking towards me with the gun) |
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What factors can make a jurys decision different from a judge? |
They may dislike the victims or be more sympathetic to the self-defense claims. Judges convict only on strong evidence |
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How does the appellate court's job differ from that of the trial court? |
Unlike trial courts, which decide guilty or not guilty, appellate courts focus on errors of the law or in trial May only mean a chance at a new trial (which leads to a new conviction) |
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What is a habeas corpus petition |
Requesting release of someone in prison or jail because the person is being held improperly |
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Santobello v. New York |
when a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled |
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Boykin v. Alabama |
Defendants must state that they are voluntarily making a plea of guilty |
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North Carolina v. Alford |
A plea of guilty may be accepted for the purpose of a lesser sentence of a defendant who maintains his/her innocence |
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Ricketts v. Adamson |
Defendants must uphold the plea agreements or risk going to trial and receiving a harsher sentence |
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Bordenkircher v. Hayes |
A defendants rights were not violated by a prosecutor who warned the failure to agree to a guilty plea would result in a harsher sentence |
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Williams v. Florida |
Juries less than 12 members are permitted by the Constitution |
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United States v. Salerno and Caferno |
The preventative detention provisions of the Bail Reform Act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail |
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Furman v. Georgia |
The death penalty constitutes cruel and unusual punishment |
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Gregg V. Georgia |
The Supreme Court reactivates the death penalty after states revised their laws to make decision making about punishment in murder cases more careful and deliberate |
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Atkins v. Virginia |
Execution of the developmentally disabled (mentally retarded) is unconstitutional |
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Roper v. Simmons |
Execution of offenders for murders committed before they were 18 years old is unconstitutional |
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Ring v. Arizona |
Juries, rather than judges, must make the decisions if a convicted murderer should receive the death penalty |
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Baze v. Rose |
Lethal injection has not shown to violate the Eighth amendment |
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Witherspoon v. Illinois |
Jurors opposed to the death penalty cannot automatically be excluded from service, however, during voir dire, a person who feels so strongly about it that they would be biased can be excluded |
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Cooper v. Pate |
Prisoners are entitled to protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement |
