Courts Exam 3

Front 1

What first formalized the concept of the jury trial?

Back 1

Magna Carta

Front 2

Which U.S. Supreme Court case established that the jury provisions of the 6th amendment were incorporated by Due Process Clause in the 14th amendment to apply to state courts?

Back 2

Duncan v. Louisiana (1968)

Front 3

T or F: In the 14th century, size of English juries became set at 12; colonist brought the idea to the new world

Back 3

True

Front 4

Which U.S. Supreme court case stated that state juries are not required by the U.S. Constitution to consist of 12 members?

Back 4

Williams v. Florida (1970)

Front 5

Which U.S. Supreme court case struck down juries with less than 6 members; stated the constitutional minimum size for a jury hearing petty criminal offenses was held to be six?

Back 5

Ballew v. Georgia (1978)

Front 6

Unless there is an agreement for a smaller jury, federal courts in criminal cases use how many jurors?

Back 6

12

Front 7

T or F: Hung juries occur more frequently in 12-person juries

Back 7

True

Front 8

What refers to one or two elected to serve if a regular juror must withdraw?

Back 8

Alternate jurors

Front 9

What kind of criminal cases does Texas require unanimous verdicts?

Back 9

-Felony
-Misdemeanor

Front 10

In which Texas court do jury trials consists of 12 jurors?

Back 10

District Courts

Front 11

Which Texas courts do jury trials consist of 6 jurors?

Back 11

-County courts
-Probate courts
-Justice of the Peace courts
-Municipal courts

Front 12

In Texas, in order to return a valid verdict in criminal courts, jurors must reach a?

Back 12

Unanimous verdict

Front 13

In Texas civil trials, an agreement of how many jurors is sufficient to reach a valid verdict?

Back 13

Five sixths

Front 14

What are the three stages of jury selection?

Back 14

-Compiling a master list
-Summoning the venire
-Conducting voir dire

Front 15

Which stage of jury selection are voter registration lists most frequently used; some other lists used: telephone directories, utility company list, and driver's license lists?

Back 15

Master jury list

Front 16

What are some advantages of the master jury list?

Back 16

-Readily available
-Frequently updated
-Collected in districts within judicial boundaries

Front 17

What are some disadvantages of the master jury list?

Back 17

Exclude poor, young, minorities, and less educated

Front 18

Which stage of jury selection is a summons or court order used to command citizens to appear?

Back 18

Summoning the venire

Front 19

What are some required stipulations to be eligible to serve on a jury?

Back 19

Minimum age, residence in the area, competency, etc

Front 20

Who are statutory exempt from serving on a jury?

Back 20

Government officials, medical personnel, age; individuals caring for a minor child or elderly person

Front 21

Which stage of jury selection examines a prospective juror to determine his or her qualifications to serve?

Back 21

Voir dire (to speak the truth)

Front 22

What can be unlimited per the judges ruling; principal challenges involve relationships with a principal in the case; fact-partial challenges have to do with jurors being biased, prejudiced, or predisposed to a particular outcome?

Back 22

Challenges for cause

Front 23

What states that all defendants are presumed sane unless evidence of insanity exists?

Back 23

Presumption of sanity

Front 24

What states that the defendant is not required to prove him/herself innocent, and the state must provide all elements of the alleged crime?

Back 24

Presumption of innocence

Front 25

What must have the facts to move forward?

Back 25

Burden of production

Front 26

What has obligation to prove facts to a certain level ?

Back 26

Burden of persuasion

Front 27

What is considered proof that leaves on firmly convinced of a defendants guilt?

Back 27

Beyond a reasonable doubt

Front 28

What is referred to as objects of any kind?

Back 28

Real evidence

Front 29

What are statement by competent witnesses given under oath?

Back 29

Testimony

Front 30

What is referred to as eye witness evidence?

Back 30

Direct evidence

Front 31

What is referred to as indirect evidence?

Back 31

Circumstantial evidence

Front 32

Which rule of evidence states that to prove the content of a writing, recording, or photograph, the original is generally required, since a copy is too easily altered?

Back 32

Best-evidence rule

Front 33

Which rule of evidence states that the chronological documentation of the seizure, control, transfer, analysis, and disposition of evidence must be made before it can be admitted into evidence at trial?

Back 33

Chain of custody

Front 34

Which rule of evidence states that a witness must have personal knowledge of the matter about which he or she is testifying; must be capable of understanding the duty to tell the truth?

Back 34

Competency to testify

Front 35

Which rule of evidence is considered secondhand evidence; it is testimony that is not based on personal knowledge, but rather is a repetition of what another person has said?

Back 35

Hearsay

Front 36

Which rule of evidence shows the existence of any fact that is of consequence to the determination of the action by making that fact more probable or less probable than it would be without the evidence?

Back 36

Relevance

Front 37

What kind of evidence is considered admissible?

Back 37

evidence regarding the accused’s motive, intent, ability, and opportunity to commit a crime

Front 38

Which rule of evidence would be a waste of time because it is cumulative ( duplicative of other evidence) or if it could unfairly prejudice, confuse, or mislead the jury?

Back 38

Cumulative or unduly prejudicial evidence

Front 39

Which rule of evidence protects confidential discussions in certain relationships?

Back 39

Privilege

Front 40

What would be an example of privilege?

Back 40

Communications between attorney and client; clergy- member and penitent; physician and patient; psychotherapist and patient; and husband and wife

Front 41

Which rule of evidence are general opinions that are rationally based on their own common perceptions, such as whether someone acted drunk, smelled like alcohol, appeared upset, or looked tired?

Back 41

Lay opinions

Front 42

What are the components of the Daubert test?

Back 42

Scientific evidence:
-Is testable and capable of replication
-Has been published or subject to peer review
-Rate of error is low
-Is logical, has construct validity
-Adheres to recognized research methods
-Is acceptable in scientific community
-Should eliminate "junk science"

Front 43

(Steps in the trial process) What are used to advise jury of what the prosecutor and defense attorney intend to prove; not evidence?

Back 43

Opening statements

Front 44

(Steps in the trial process) What refers to calling witnesses and presenting evidence?

Back 44

Prosecutor's case-in-chief

Front 45

(Steps in the trial process) As part of the prosecutor's case-in-chief, what are open-ended questions of who, what, when, where, how, etc.?

Back 45

Direct examination

Front 46

(Steps in the trial process) As part of the prosecutor's case-in-chief, what is the right of the defense to question prosecution witnesses; to get at truthfulness; leading questions can be used?

Back 46

Cross examination

Front 47

(Steps in the trial process) What happens at the end of the prosecutor's case-in-chief?

Back 47

The defense may make a motion for judgement of acquittal

Front 48

What are some issues related to the defendants testimony?

Back 48

-Fifth amendment protection against self-incrimination
-Must consider whether the defendants story is believable
-Defendants who take the stand are subject to:
Cross-examination
Impeachment of credibility
Renewed motion for judgement of acquittal

Front 49

What are legal excuses that should result in a finding of not guilty (i.e. self defense, duress, entrapment, insanity)?

Back 49

Affirmative defense

Front 50

What is an example of affirmative defense?

Back 50

Challenging scientific evidence
-The way evidence was gathered, preserved, and analyzed

Front 51

What are the summation of the facts and why a verdict of guilty is in order; can be the most dramatic part of the trial?

Back 51

Closing arguments

Front 52

During closing arguments, who highlights evidence favorable to the defendant , criticizes the state's witnesses, calls upon jurors to return a not guilty verdict?

Back 52

Defense attorney

Front 53

During closing arguments, who has the last say due to burden of proof?

Back 53

Prosecutor

Front 54

What two factors should jury decisions be based on?

Back 54

-Evidence is the primary factor in decision-making
-Legal instructions received by the judge

Front 55

What is also referred to as the "dynamite charge", and its purpose is to blast a jury into action, so they will reach a verdict

Back 55

Allen charge (instruction)

Front 56

Based on extralegal factors, how could jurors be "biased"?

Back 56

-Personally use to engage in that same conduct
-Emotional arousal
-Value some types of evidence more than others
-Inclined to credit or disregard police testimonies
-Sympathetic/or attractive defendants
-Race, gender, socioeconomic class, and sexual orientation

Front 57

What is the refusal to apply the law?

Back 57

Jury nullification

Front 58

What refers to the media's ability to taint the venire so that potential jurors are incapable of rendering a fair and impartial verdict because their opinions may have been shaped by pretrial publicity?

Back 58

Prejudicial pretrial publicity

Front 59

What are some techniques used for reconciling a fair trial and freedom of the press?

Back 59

-Limited gag order
-Change of venue
-Sequestering the jury
-Media in the courtroom

Front 60

What are the five philosophical principles that guide sentencing in America?

Back 60

-Retribution
-Deterrence
-Rehabilitation
-Incapacitation
-Restoration

Front 61

What holds individuals responsible for their actions?

Back 61

Retribution

Front 62

What are some limitations in regard to retribution?

Back 62

-No guidance for property crimes
-Moralistic emphasis on individual responsibility
-Focus on past problematic behavior
-Focus on vengeance

Front 63

What is the prevention of future crimes due to the fear of consequences; punishment should fit the criminal (severity, certainty, and celerity of punishment), and rests on the assumption of rational behavior?

Back 63

Deterrence

Front 64

What prevents the general population from misbehavior?

Back 64

General deterrence

Front 65

What is due to the punishment an individual will be discouraged from further misconduct?

Back 65

Specific deterrence

Front 66

What treats rather than punish, criminal behavior is a result of social/psychological issues, pretrial diversion- divert offenders into programs, evidence-based corrections- which interventions work?, prison realignment, and sentences should fit the offender rather than the offense?

Back 66

Rehabilitation

Front 67

What are some limitations in regard to rehabilitation?

Back 67

-People cannot be coerced to change
-Too much discretion with judges and parole boards

Front 68

What focuses on the personal characteristics of the offender?

Back 68

Incapacitation

Front 69

What are some limitation in regard to incapacitation?

Back 69

-No standards for length of sentence
-Lack of focus on reform may result in worse future behavior
-Imprisonment is temporary solution

Front 70

What targets serious offenders with longer sentences?

Back 70

Selective incapacitation

Front 71

What seeks to replace retribution, and the criminal justice system should facilitate involvement of victims, offenders, and community?

Back 71

Restoration

Front 72

How does the executive branch of government get involved in sentencing?

Back 72

-Governors, parole boards, and departments of corrections
-Carry out sentencing

Front 73

What is a conditional release of an inmate from incarceration?

Back 73

Parole

Front 74

What is the rewarding of days based on good behavior?

Back 74

Good-time

Front 75

What is an executive clemency granted by the governor or President for a small group of inmates?

Back 75

Pardon

Front 76

T or F: The largest number of adults under correctional supervision are placed on probation

Back 76

True

Front 77

What is referred to as "good works" or community service?

Back 77

Symbolic restitution

Front 78

What are alternative sentences between prison and probation; based on the concept of continuum of sanctions or range of punishments (ex. intensive supervision probation, home detention, shock incarceration) ?

Back 78

Intermediate sanctions

Front 79

What type of intermediate sanction is being described:
-Targets offenders who most likely will face imprisonment for their next offense
-Frequent contact
-May lead to more offenders going to prison if treatment and other interventions are not also included in the supervision plan

Back 79

Intensive Supervision Probation

Front 80

What type of intermediate sanction is being described:
-Electronic monitoring- home monitoring devices, wrist bracelets, ankle bracelets, field monitoring devices, etc.
-GPS monitoring- for higher-risk offenders; can be very expensive

Back 80

Home detention

Front 81

What type of intermediate sanction is being described:
-Offender is sentenced to brief jail or prison sentence and then released on probation; for young, first-time offender
-Boot camps- paramilitary regimen to develop discipline mixed reviews unless rehabilitative services are included

Back 81

Shock incarceration

Front 82

Which U.S. Supreme court case is being described:
If the death sentence was to be made mandatory for all of equal guilt, the sentence would not be discriminatory
(not violate the Eighth Amendment)
-As a result, many legislatures passed statutes making death mandatory on conviction for certain crimes.
-This mandatory sentence took from the jury or judge the right to determine the sentence to be imposed on conviction for crimes previously carrying the alternate sentence of life imprisonment or death

Back 82

Furman v. Georgia

Front 83

Which U.S. Supreme court case stated for a death penalty to be constitutional, the court rules it must provide for a bifurcated trial process?

Back 83

Gregg v. Georgia

Front 84

What is when the trial is broken into 2 stages (jury first hears the evidentiary stage- determines guilt or innocence, if guilty, second sentencing stage- determines death or life without parole)?

Back 84

Bifurcated trial process (hearing)

Front 85

What are some situations in which the Supreme Court has narrowed death-elgible cases?

Back 85

-Coker v. Georgia (1977)- rape of a woman
-Kennedy v. Louisiana (2008)- rape of a child

Front 86

What are factors that increase the seriousness of a crime, and tend to increase the severity of the sentence imposed (i.e. the use of a weapon and personal injury to the victim)?

Back 86

Aggravating circumstances

Front 87

What are factors that tend to reduce the severity of the sentence imposed (i.e. youth of the defendant, lack of mental capacity, role in offense, social stability)?

Back 87

Mitigating circumstances

Front 88

What two-sgtage process are sentencing decisions made up on?

Back 88

-Probation v. incarceration
-If incarceration, how long?

Front 89

T or F: Judge indicate sentencing is one of the most difficult aspects of the job

Back 89

True

Front 90

What are guides for what penalties are appropriate for different categories of offenses (are not applied mechanically)?

Back 90

Normal penalties

Front 91

What is the most important factor in determining a sentence (harm suffered by victim in "real offense")?

Back 91

Seriousness of offense

Front 92

What is the second most important factor in determining a sentence (can include arrests, longer record=longer sentence, length of time between offenses may effect sentence)?

Back 92

Prior record

Front 93

By 2010, rates of incarceration began to fall for the first time in 40 years; this change was a function of what factors?

Back 93

-Shifting sentencing policy
-Scaling back of get tough policies
-Lower crime rates
-Implementation of evidence-based policies

Front 94

What are illegitimate influences on the sentencing process; defendants' attributes are the primary focus?

Back 94

Discrimination

Front 95

What are inconsistencies in sentencing; decision making is a principal issue?

Back 95

Disparity

Front 96

Disparities (inconsistencies) in sentencing result from the decision-making process. What are the most common:

Back 96

-Geography (variations across jurisdictions)
-Judicial backgrounds and attitudes

Front 97

What is the offender-victim dyad?

Back 97

-Blacks killing or raping Whites were most likely to be executed
-Whites killing or raping Blacks were least likely to be executed
-Studies in northern states did not show this pattern

Front 98

What U.S. Supreme court case states that proof of discrimination cannot rest on statistical evidence of disparate sentencing outcomes; defendant must prove that a specific state actor intentionally discriminated against him or her?

Back 98

McCleskey v. Kemp (1987)

Front 99

Which U.S. Supreme court case states that the 6th amendment gives juries (not judges) the power to make a finding of fact beyond a reasonable doubt?

Back 99

Blakey v. Washington (2004)

Front 100

What is a required structured sentencing system for each felony offense based solely on the offense committed (only by finding mitigating or aggravating circumstances can judges have discretion)?

Back 100

Presumptive sentencing

Front 101

What is a required sentencing system of multiple recommended sentences determined by the severity of the offense and prior criminal history of the offender; parole is abolished and release occurs only after serving a fixed percentage of the sentence imposed?

Back 101

Determinate sentencing

Front 102

What is a a required fixed, minimum sentence that prohibits release until after the statutory period has been served; judges have no discretion to differ from the minimum sentence; provide certainty of punishment (i.e. three strike laws and truth in sentencing laws)?

Back 102

Mandatory minimum sentencing

Front 103

What are sentencing guidelines and why were they established?

Back 103

Continuum of voluntary to required use:
-Adopted or seriously considered in over 21 states
-Direct the judge in specific action to take
-May require judge to provide reasons for deviation
-Besides the offense, criminal history of the offender and other factors may be considered
-Presumptive in nature

Front 104

What are the purposes of the appellate process?

Back 104

-Several heads are better than one when examining legal questions
-Its not a retrial
-The courts hear no new testimony or evidence

Front 105

What protects against arbitrary, capricious, or mistaken legal decisions by the trial judge?

Back 105

Error correction

Front 106

What shapes the law in response to challenging societal norms or conditions?

Back 106

Policy formulation

Front 107

What is a court that must hear an appeal, such as an intermediate courts of appeal?

Back 107

Mandatory Appellate Jurisdiction

Front 108

What is a court such as state supreme courts or U.S. Supreme court that can pick and choose cases to hear?

Back 108

Discretionary Appellate Jurisdiction

Front 109

What is the requirement that an objection be made at a hearing or trial at the time of the alleged error in order for the mistake to qualify as the basis of an appeal?

Back 109

Contemporaneous objection rule

Front 110

What are the steps in the appellate process?

Back 110

-Notice of appeal must be done in a timely manner- in Texas, 30 days
-An appellate court record, along with a court transcript is filed with the appeal court
-An appellate brief with the party's view of the facts, of the case, the issues raised on appeal, and the precedent to support their position is prepared
-Response brief will be prepared by the prosecutor
-3/4 of all appeal court decisions are based on the brief without the benefit of oral argument

Front 111

What are the possible outcomes of the appeals process?

Back 111

-Affirming the judgement of the lower court
-Can affirm but modify
-Reversing or setting aside with no further court action
-Reversing the decision and remanding back to the lower court for further proceedings, which can be a new trial; instructions are given for further proceedings

Front 112

What refers to defects that seriously affect the fundamental fairness of the trial and bring about a miscarriage of justice?

Back 112

Plain error

Front 113

How are postconviction reviews different from appeals?

Back 113

-They are filed by defendants in custody
-Should raise only constitutional defects
-Can bring up issues not raised in the trial
-Unlimited post conviction reviews are possible

Front 114

What is a judicial order to someone holding a person to bring that person immediately before the court; also called the "great writ"?

Back 114

Habeas corpus review

Front 115

What are some of the leading causes for wrongful convictions?

Back 115

-Mistaken eyewitness identification (number one reason)
-Improper forensic science (subjective interpretation)
-False confessions due to duress, coercion, diminished capacity, and fear
-Unreliable informants- jailhouse informants and others
-Tunnel vision and misconduct by justice professionals
-Inadequate defense representation (ineffective counsel)

Front 116

What are some ways of reducing wrongful convictions?

Back 116

-Rigorous application of the Daubert rule to exclude limit use of unreliable forensic techniques
-Crime-scene variables that affect reliability; eyewitness identification should be addressed
-Attorneys should be disciplined for misconduct
-"snitch" testimony must be corroborated by other evidence
-Appeals courts should be hesitant to rely on any one factor that contributes to wrongful conviction

Front 117

Which Supreme Court era is being described:
-Period addressed civil liberties and civil rights
-Invalidated racial segregation in public schools (Brown v. Board of Education (1954))
-Attempted to exercise strong policy control over the administration of criminal justice
-Bill of Rights were used to establish a code of criminal procedure
-Period called the "due process" revolution

Back 117

Warren Court (1953-1969)

Front 118

Which Supreme court era is being described:
-Breakdown of law and order at this time blamed on the permissiveness of the previous court
-More conservative in relationship to due process rights and civil liberties
-Decisions such as Miranda were weakened

Back 118

Burger Court (1969-1986)

Front 119

Which Supreme court era is being described:
-Conservative court cut back on abortion rights, condoned mandatory drug testing, and permitted capital punishment for juveniles and developed impaired persons who were convicted of murder
-Curtailed habeas corpus relief
-By 2003, with new justices,the court moved more towards liberal views

Back 119

Rehnquist Court (1986-2005)

Front 120

Which Supreme court era is being described:
-Judges are more conservative than the Rehnquist Court
-Justice Kennedy is seen as the swing vote; may side with the liberal justice or conservative justice based on the issue
-Four to five vote is a frequent decision
-Key case: Bomediene v. Bush (2008) related to the due process of criminal procedures for enemy combatants, reinforced the idea of habeas corpus and other rights for this group

Back 120

Roberts Court (2005-present)