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50 Cards in this Set

  • Front
  • Back
An arraignment, a bail hearing, or a trial for a felong offense would be conduted at what tier of a state court system?
Federal Court System
Courts that have the authority to review a decision made by a lower court are said to have _____________?
Appellate jurisdiction
Give a brief overview of the Supreme Court.
Located in Washington, D.C.
hear cases only on appeal from lower courts.
Which Supreme Court case held that new evidence of innocence is no reason to order a new state trial when constitutional grounds are lacking?
Herrera v. Collins (1993)
Thomas Henderson's decisional model describes the lower court process as ___________.
Informal, personal, and decisive
When a trial court of general jurisdiction offers a new trial instead of appellate review of a lower court's decision, it is giving a _________
trial de novo
What federal offices are responsible for administering the federal court system?
U.S. District Courts, U.S. Courts of Appeals, U.S. Supreme Courts
The bail decision is made at what stage of the court process?
First appearance
There are ______ district courts in the federal court system.
94
In which court would a felony trial be held in the federal court system?
U.S. District Courts
McNabb v. U.S. formally established that a defendant has to appear at a first appearance within how many hours after the arrest?
48
How many regional intermediate appellate courts are there in the federal system?
39
Which U.S. Supreme Court case established the Court's authority as the first interpreter of the U.S. Constitution?
Marbury v. Madison (1903)
Adam Viver had his waller stolen while he was eating lunch at a university cafeteria. When the man stole his wallet was caught, Adam opted to resolve the disagreement informally. The disposition of his case was probably heard at a ____________.
dispute-resolution centers
Bail serves two purposes: One is to help ensure the reappearance of the accused at tiral. The other is ___________________________.
prevent unconvicted persons from suffering imprisonment unneccessarily.
What U.S. Supreme Court cases affect pretrial detention issues?
U.S. v. Montalvo-Murillo (1990); U.S. v. Hazzard (1984)
Name the alternatives to bail.
Release of Recognition (ROR)
Property bonds
Deposit bail
Conditional release
Third-party custody
Unsecured bonds
Signature bonds
Who are considered professionals in the courtroom work group?
Judges
Prosecuting attorneys
Defense attorneys
Public defenders
Baliff
Local Court Administrators
Court Reporter
Clerk of the Court
Expert Witness
Which U.S. Supreme Court case forces the prosecution to disclose any evidence that the defense requests?
U.S. v. Bagley (1985)
Be familiar with the role of the judge in the courtroom work group.
Preside over a court of law; ruling on matters of law; weighing of objections; deciding on admissibility of evidence; discipling those who disrupt the court
Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?
Prosecutor
The role of a defense attorney consists of what?
Represent the accused before a court of law
Which U.S. Supreme Court case established the right of counsel for indigent defendants in federal court proceedings?
Johnson v. Zerbst (1938)
Which U.S. Supreme Court case established the right of counsel for indigent defendants in state felony court proceedings?
Gideon v. Wainwright (1963)
Who keeps order in the courtroom and announces the judge's entry to the courtroom?
Baliff
Which U.S. Supreme Court case established the right to counsel for juvenile defendants?
In re Gault (1967)
The most widely used system of indigent defense is what?
Public defender
Who sis responsible for summoning members of the public for jury duty and subpoenaing witnesses for the prosecution and the defense?
The Clerk of Court
Which Supreme COurt cases deal with speedy trial issues?
Klopfer v. NC (1967)
Barker v. Wingo (1972)
Strunk v. US (1973)
Who are the outsiders to the courtroom work group?
Lay witnesses
Jurors
Victim
Defendant
Press
What are the steps in a criminal trial?
1.) Trial initiation
2.) Jury selection
3.) Opening statements
4.) Presentation of Evidence
5.) Closing arguments
6.) Judges charge to the jury
7.) Jury deliberations
8.) The verdict
The federal Speedy Trial Act allows for the dismissal of charges when the prosecution does not seek indictment within ______ days of arrest, or when a trial does not begin within ______ days after indictment.
30

70
What are the types of juror challenges?
1.) Challenges to the array
2.) Challenges for cause
3.) Peremptory challenges
A motion for _______ asks the court to move the trial to some other area where prejudice against a defendant is less likely.
Change of venue
What are the goals of contemporary sentencing?
Retribution
Incapacitation
Deterrence
Rehabilitation
Restoration
Which sentencing goal stresses vengeance?
Retribution
Separating offenders from the community furthers which sentencing goal?
Incapacitation
Which sentencing goal is closely associated with the phrase "an eye for an eye"?
Retribution
According to H.L.A. Hart, deterrence can only be achieved through ___________.
Retribution
___________ deterrence seeks to reduce the likelihood of recidivism.
Specific
Which sentencing goal attempts to make the victim "whole again?"
Restoration
A sentence of 8 to 25 with the possibility of parole is an example of a(n) ______________________.
Intermediate sentencing
Proportionality seeks to ________________________________________________________.
bear a direct relationship from the severity of sanctions to the seriousness of the crime.
Who is the final arbiter of the actual sentence served in a state that relies on indeterminate sentencing scheme?
Judgeq
Which sentencing practice specifics a sentencing range for each criminal offense?
Intermediate sentencing
"Truth in sentencing" guarantees that offenders will serve at least _____ percent of their sentence.
85
When a judge prior to sentencing requests information on the background of a convicted defendant it is called a _____________________.
Presentence investigation
The two-step trial procedure used in capital cases was approved in which Supreme Court case?
Gregg v. Georgia (1976)
Cooperating with the authorities, good character, and no prior record are examples of ______________ factors.
Mitigating (circumstances)
Which sentencing practice relies on a well-defined hierarchy of penalties, specifying terms of imprisonment with each criminal offense category?
Structured