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40 Cards in this Set

  • Front
  • Back

In a criminal case where the defendant is pleading not guilty by reason of insanity, the _________ must prove them insane.

Defense

Among the 7 goals of punishment, which two described in class encompass public sentiment?

Retribution and Moral Outrage

What is the burden of proof used to prove a defendant is incompetent?

Defense would have to disprove Mens rea, showing the defendant was not able to understand the nature of their crime, or that their crime was morally or legally wrong when they committed the act(s).


-->could also be "preponderance of evidence"??? By the defense in an insanity trial, after criminal trial is done

Understanding the proceedings, making decisions, and appreciating outcomes all relate to what?

Competency

True or false. According to Judge Braden Woods, the video clips from the movie My Cousin Vinny were accurate to real life.

True

True or false. If a defendant testifies at jury trial they give up their 5th amendment right to self-incrimination.

True

Jail is different from prison in which of the following ways?

Jail is where offenses wait to be sentenced or it's before trial, prison is where offenders carry out their sentences.

According to Public Defender Jacque Wilson, what law contributes to 72% of female inmates to serving life sentences?

Felony Murder Rule

Competency is considered a ____________ state of mind while insanity is considered a ____________ state of mind.

Present; past

True or False. During a trial, what an attorney says is considered the evidence.

False

What is a good criminal justice system related example of a double-blind "experiment" or process?

Eye-witness looking at a photo line-up of suspects. Randomized photos presented to the eye-witness, officer administering the photo line-up is not connected to the case at all and does not know which photo is the photo of the actual suspect.

The mental state of knowing the nature and quality of a forbidden act (guilty mind) is called what?

Mens rea

According to Giles, Charles Manson, adam Lanza, and James Holmes are all mass murderers with what common physical feature?

"Three Whites" eyes, Sanpaku eyes

True or false? In insanity cases, defendants are initially presumed to be responsible for the alleged offense.

True

The Long Island Railroad massacre video highlights what two legal concepts?

1. Firing your attorney: Marsden motion


2. Representing yourself in court: Faretta motion

When asked, "how can you do your job, even if someone is guilty?" A public defender will often say.. what?

They are protecting the Constitution/Bill of Rights, protecting the rights of all of us from being degraded because even those who commit crimes are afforded certain rights, particularly before they are actually convicted of those crimes.

True or false? Convicted felons out of custody cannot vote in california.

False.

What was the jury's ruling on the mock trial we did in-class?

Guilty

Napa State Hospital treats what types of offenders?

Not Guilty by reason of insanity (NGRI)


47% of the 1250



Incompetent to stand trial (IST)


30% of the 1250



Mentally disordered offenders (MDO)


6% of the 1250


Under penal code 1368, who can raise a doubt as to the mental competency of a defendant?

Judge, Counsel

True or False? A schizophrenic suspect can waive their Miranda Rights?

False?

Judge Braden Woods showed a video of a recent case, Austin Vincent, in San Francisco to highlight the judge's roles. What was controversial about this case?

The defendant was schizophrenic and delusional when he attacked the woman.

According to Judge Woods, _______ , _______ , and ________ are the main factors for students becoming involved in the justice system.

Poor parenting (neglect, abuse, single parent struggling), having to work multiple jobs, and having to deal with truancy.

When does a society believe that offenders should receive their, "just desserts" - what punishment goals capture this idea?

Retribution

An ignition interlock and being registered on MegansLaw.com are examples of what type of punishment?

Individual deterrence, Hopes to punish them to keep them from reoffending.

Colin Ferguson, the shooter on a railcar in Long Island in 1993, was granted a Faretta by the judge. A Faretta motion is what?

Representing yourself during trial, no lawyer (waives rights to counsel)

_________ is often a requirement after release from jail and ___________ is a requirement after release from prison.

Probation, parole

How long are convicted felons banned from owning firearms?

10 years

The presumption of innocence and the protection of citizens is what model that is prevalent in the criminal justice system?

Due Process Model

True or False? California still executes condemned prisoners on Death Row.

False

Ineffective assistance of counsel, legal malpractice, and/it a client conflict are all basis for what motion a defendant can argue themselves to the court?

Marsden Motion, fire their counsel

True or False? A conditional release program can allow for criminally insane defendants to be treated in the community.

True

True or False? Mental Health for prison inmates can create cognitive dissonance for civilians.

True

What reasons are used to explain why in-custody mental health units exist?

Court case where a prisoner sued the prison system for cruel and unusual punishment saying that prisoners were being seriously neglected and maltreated while serving their life sentences in prison. He said that they may have pleaded guilty and accepted life imprisonment, but not a life of torture in prison.

In SF, punishment, deterrence, and rehabilitation are 3 central tenets of the system. Which aspect best of these 3 is aligned with a rehabilitative approach to punishment?

Rehabilitative programs, like alternative courts for veteran crimes, drug, mental health, and co-occurring court systems.

Looking back at the offense and determining what the criminal deserves as a consequence is considered what approach to punishment?

Retributive

A non-conditional acknowledgement of guilt is called what?

An open plea

2 types of deterrence are:

Individual and general

The process of returning to the community after incarceration is called what?

Reentry

True or False? Sentencing disparities occur when two different people get the exact same sentence for the same crime.

False