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57 Cards in this Set
- Front
- Back
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what are the general functions of "courts of limited jurisdiction"? (state court) |
1)summary trials; misdemeanors (traffic violations, disorderly conduct, etc) 2)preliminary hearings &bail decisions no felony cases, no appellate powers 90% of cases Justice of peace courts (rural) Municipal courts (urban)
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what do Federal district courts do? |
(similar to general trial courts) try cases involving violations of federal law (robbery, fraud, kidnapping, code violations) |
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what are the general functions of courts of "general jurisdiction"? (state court) |
try and decide on all cases, civil and criminal mostly felonies courts of record: transcript of all proceedings for all cases felonies often start at lower courts and move here at arraignment |
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what do U.S Magistrates try and what do they review? (federal) |
misdemeanors civil rights, habeus corpus petitions (holding illegally) |
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what are the general functions of "appellate courts"? (state) |
(supreme court, supreme court of appeals, court of appeals) appeal/review cannot try cases civil and criminal 1)intermediate: highest court of state must hear all cases 2)last resort: can choose cases unfavorable decision on intermediate level does not mean it will be heard by last resort |
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what does the U.S court of appeals (circuit courts) do? |
defined by geographical boundaries dont retry cases but look at interpretations of the law and procedure issues hears only those cases appealed by district courts
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what does the U.S supreme court do? |
1. suits between two states 2. constitutionality of state laws 3. ambassadors questions constitutionality of lower courts decisions can choose cases (rule of 4)
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what is a writ of certiorari? |
order showing lower courts to forward up the records so the SC can review it 90% of cases that come to SC are rejected |
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the supreme court must hear ALL cases regarding:... |
1. federal court has held an act of congress unconstitutional 2. U.S court of appeals has found a state statute to be unconstitutional 3. a states highest court rules a federal law to be invalid
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what do judges do BEFORE trial? |
issue search/arrest warrants release decisions (pretrial) hear/decide on motions made final decision makers in plea-bargaining |
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what do judges do AT trial? |
neutral fair implementation of rules/procedures of law referee *sufficiency of evidence, admissibility of evidence (can reverse jury decisions) rural areas; record keeping, scheduling |
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what is the merit selection of judges (Missouri Plan)? (state judges) |
combination of electing and appointing a judge appointment made from a list made by: lawyers members of the electorate an incumbent judge serve one or more years until next election |
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how are federal judges selected? |
appointed by president, confirmed by senate originally for SC justices applied to the rest of federal judges in the judiciary act of 1789 positions for LIFE |
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what is the typical profile for judges? |
white, male 53 years old half have had their own legal practice (prosecuting attorneys)
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what are the major duties of prosecutors? |
charging enforce law: must bring evidence of guilt OR innocence before the court represent the gov't in matters of law: enforce state penal codes, assess law breaking; evidence careful examination of crime elements |
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how much discretion do prosecutors have in charging? |
wide discretion: single/multiple charges single/multiple counts
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how can prosecutors scene out cases? |
1)evidential considerations does it warrant court time? will the case hold up under scrutiny? elements of crime? 2)pragmatic considerations political environment? enough resources to prosecute? diversion program (treatment)? does it warrant harsh punishment? 3) organizational considerations regulate caseloads checks/balances to police power
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what is "nolle prosequi"? |
not to press charge as a whole, or as to one or more counts, or as to one or more defendants tremendous discretion, can lead to abuse of power |
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what is plea bargaining? |
plead guilty in exchange for some type of concession lesser charge sentence reduction (most common) |
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how are attorneys organized in states? |
attorney general (prosecutor of state) district attorneys (for each county)
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what is the duty of a defense attorney? |
zealously represent client even if guilty cannot leave responsibility |
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what is a private attorney? |
paid by the defendant very few cases (need $ to afford) |
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what is "assigned counsel"? |
private criminal lawyers, assigned to poor offenders, low fees, reimbursed by court,gov't |
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what is the "contract system"? |
gov't pays for the expenses contracts w an attorney or a firm to provide counsel to a fixed number of cases for a fixed amount (fixed-price contract) law firm to represent all cases for fixed amt |
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what are "public defenders"? |
common in large cities serve 70% poor population salaried professionals-full time trained in criminal law lower pay than prosecutors large caseloads |
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are defendants better served with private defenses vs. public? |
no similar results little variation in case disposition same rates of guilty pleas,trials,dismissals
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what is a "motion"? (pre-trial) |
order for a specific action tool used by defense to strengthen case motion to suppress evidence i.e unconstitutional retrieval of evidence motion to dismiss motion for pretrial discovery i.e examine evidence held by prosecutor, makes evidence held by prosecutor more known to the defense |
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what is "bail"? |
set by judge, upon recommendation of prosecutor ensure that defendant reappears not a punishment (8th amendment against excessive bail) set high amount forfeited if defendant doesn't show
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what is a "bond"? |
same as bail except money is put up by a licensed agency (like a loan) bondsmen collects what a defendant owes if he/she doesn't show up have backing of police can pick and choose who they will guarantee and reject
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what is an "ROR"? |
release on recognizance started with Manahattan Bail Project in New York no money involved given when defendant have verified community ties |
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what is "pretrial detention"? |
authorized by congress in 1984 (bail reform act) does not violate due process and excessive bail protects community from danger also if high risk of fleeing issues: not allow free time to prepare for case those held pretrial more often to be convicted conditions often worse than prisons |
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what are the pros of plea bargaining? |
reduced cost improved efficiency concentrate on serious cases avoids pretrial detention and delays
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what are the cons of plea bargaining? |
encourages defendants to waive con. rights lesser sentences may coerce innocent to plead guilty
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how many people are on a jury? |
12 can be less than twelve to as few as six diverse community interests to decision
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what was decided in Williams v. Florida (1970)? |
use of small juries upheld not detrimental: can stills serve to protect defendants form gov't via "common sense" judgment by community |
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what was decided in Burch v. Louisiana (1979)? |
6 member juries must vote unanimously to convict orgenon & louisiana (less than unanimous for felony) oregaon (10 to 2), louisiana (9 to 3) |
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how are juries drawn? |
list of registered voters 40-70% register, less minorities, poor, young licensed drivers utility customers taxpayers excused if in economic hardship more willing jurors are older, unemployed, homemakers does not constitute representative pop. |
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what is "void dire"? |
process of screening out jurors biased about the case challenge for cause: needs judge approval, unlimited peremptory challenge: no reason, limited (8-10 for def, 6-8 for pros.)
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what is the idea of "retribution"? |
eye for an eye backward-looking proportionality
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what is the idea of "deterrence" (utilitarianism) |
forward looking utilitarian viewpoint (Jeremy Bentham) all suffering is evil punishment is suffering punishment is evil modify behavior of general public difficulty: hard to measure if behavior has been modified
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what is "incapacitation"? |
holding a person in jail/prison to prevent him/her from committing another crime presumption: person wil commit crimes again conviction is made on the basis of future behavior ultimate incapacitation: death penalty |
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what is the idea of "rehabilitation" about? |
criminals are 'sick' need social intervention positive school of thought individuals not altogether 'free' release determined by corrections officer: whether or not defendant has been rehabilitated |
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what is "indeterminate prison sentencing"? |
min/max is set discretion by corrections officials to release between these time periods parole board hearing every 1-3 years after minimum is met common until 80's |
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what is "determinate prison sentencing"? |
time to serve is fixed (often full) can still have 'good' time after specified time, must be release (no review) 'good' time-time taken off for good behavior
'truth-in-sentencing': laws that require offenders to serve a substantial proportion of their prison sentence before parole many states require 85% of sentence some limited/eliminated good time first enacted in 1984 (washington state) |
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what is "presumptive sentencing"? |
range defined by sentencing guidelines for each crime often by sentencing commission judges can override can be adjusted by legislature |
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what is "mandatory minimum sentencing"? |
raises minimum sentence to be served harsher for drug-related, weapon-related crimes judges do not have a choice |
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what is "probation"? |
estimated 65% of adults in correctional institutions are on some type of probation part of the rehab philosophy tried to incarceration: probo is often conditional of incarceration or jail/prison time if probationer fails, will be incarcerated
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what are some intermediate sanctions? |
boot camp, intensive supervision probation (probation is too lenient but prison too severe) |
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what was "Furman v Georgia" about? (1972) |
8th amendment SC agreed: death penalty in Georgia administered was discriminatory decision invalidated death penalty laws in 39 states and D.C lawmakers removed all discretion by judges death penalty then mandated for certain forms of crimes |
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what was "Greg v. Georgia" about? (1976) |
SC struct down mandatory death penalty laws judges need to use aggravating and mitigating circumstances in decision ruling created the bifurcated trial: one phase in which guilt is determined and the other in which sentence was decided |
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what was "Atkins v. Virginia" about? (2002) |
execution of the mentally retarded is unconstitutional |
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what was "Ring v. Arizona" about? (2002) |
juries must decide whether or not a convicted murderer will receive the death penalty |
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what was "Roper v. Simmons" about? (2005) |
execution of offenders for murders committed before they are 18 years of age is unconstitutional |
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what was "Ford v. Wainwright" about? (1986) |
the 8th amendment prohibits the execution of the insane but can be executed if he regains sanity after treatment |
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what are some facts about capital punishment in the U.S? |
60%+ of americans approve of its use US is the only western democracy to use death penalty 32 states and federal gov have it approx 30 executions per year |
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arguments FOR death penalty? |
incapacitation deterrence moral correctness/proportionality public opinion unlikely chance of error |
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arguments AGAINST death penalty? |
does not deter unfair use of judicial and prosecutorial discretion possibility of error always a hope of rehab racially biased brutal expensive and unnecessary
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