Criminal Justice Chapter 8 And 9

Front 1

The right to __________ is a sixth amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.

Back 1

Counsel

Front 2

The vast majority of public defender officers use formal criteria to determine if a defendant qualifies as _______ and is eligible for public representation.

Back 2

Indigent

Front 3

In order to help pay for the cost of indigent defense, more than 80% of offender offices have some form of cost recoupment for Public Defender Services. The most common fees involve ________, __________,__________.

Back 3

Changes based on the cost for the defender's services, Court related expenses, fees imposed by state legislators and application fees

Front 4

____________ are lesser included offenses that are, by definition, included in a charge as part of another (more serious) offense

Back 4

Necessarily included offenses

Front 5

When the charge is not pressed further, it is called _________. Such a decision is entirely within the prosecutor's discretion.

Back 5

Nolle Prosequi

Front 6

Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication are called ____________.

Back 6

Diversion programs

Front 7

A type of diversion program in which a prosecutor suspends prosecution of the case pending the fulfillment of special conditions by the defendant is called ____________.

Back 7

Pre-trial intervention

Front 8

An agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty is called ___________.

Back 8

Plea bargaining

Front 9

Refers to case attrition, in which arrests do not result in convictions for various reasons

Back 9

Case mortality

Front 10

The dramatic growth in caseloads has placed tremendous strain on many courts. The situation was aggravated in 1974 when Congress passed the __________. This act requires that all criminal cases be brought to trial within 100 days; if they are not, they will be dismissed

Back 10

Speedy Trial Act

Front 11

Plea bargaining appears to result from 2 overriding factors

Back 11

Most cases have few issues of fact or law to be established at trial because the evidence against the defendant is or isn't present. Risks of going to trial are high for both sides.

Front 12

Laws under which conviction for a third felony results in an extended sentence, up to life imprisonment

Back 12

Three strikes law

Front 13

Several cities use a ____________, in which the prosecutor, the defendant, the defendant's counsel, and the judge meet before a trial to discuss a plea.

Back 13

Pre-trial settlement conference

Front 14

When defendants who take lives unlawfully are portrayed as victims

Back 14

Urban survival defense

Front 15

A growing court case load, combined with high case mortality, reveals that most cases end in _____________.

Back 15

Guilty pleas

Front 16

Proposals to eliminate undesirable aspects of plea bargaining include ________,_______,________.

Back 16

Time limits , more public negotiations, better case screening procedures, and reviews of plea agreement by panels of judges

Front 17

A major issue for criminal defense is the tendency to focus on the _____________ rather than on the criminal act. This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense

Back 17

Offender

Front 18

Process that entitles a suspect to review certain information gathered by the prosecutor

Back 18

Discovery

Front 19

Prosecuting any criminal case requires___________ (or proving the crime), which consists of proof of the act and that the act was the result of the illegal actions of the defendant

Back 19

Corpus delicti

Front 20

A court-authorized postponement of a case to allow the prosecution or defense more time to prepare its case.

Back 20

Continuance

Front 21

Refers to a group of citizens (usually 12) who decide on the guilt or innocence of the defendant

Back 21

Trial jury

Front 22

Justifications or excuses for criminal conduct that are applicable to all criminal offenses

Back 22

General defenses

Front 23

Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense are called __________.

Back 23

Justification defenses

Front 24

Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it are called ___________.

Back 24

Excuse defenses

Front 25

A delayed imposition of a prison sentence that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution is called a _________.

Back 25

Suspended sentence

Front 26

Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders are called _____________.

Back 26

Guideline sentences

Front 27

The portion of the ______ amendment that has been most rigorously scrutinized is the prohibition of cruel and unusual punishment. A punishment is considered cruel and unusual if, in the words of the Supreme Court, it violates "evolving standards of decency that mark the progress of a maturing society".

Back 27

8th

Front 28

The ____________ was founded in 1992 by Barry C. Scheck & Peter J. Neufeld at the Benjamin N. Cardozo School of Law at the Yeshiva University to assist prisoners who might be proven innocent through DNA testing.

Back 28

Innocence Project

Front 29

A major criticism of capital punishment is its__________. Proponents of the death penalty argue that errors are rare; but in a criminal justice system based on an exact legal standards such as probable cause and proof beyond a reasonable doubt there's always room for error

Back 29

Finality

Front 30

Designed help the judge decide on an appropriate sentence within the limits established by law. This report is written by a probation officer after an investigation of the offender's background.

Back 30

Pre-sentence report

Front 31

Can be used as punishment upon conviction for any offense

Back 31

Fines

Front 32

In the _____ US Supreme Court ruled that for the crime of rape the death penalty is excessive and disproportionate and therefore unconstitutional.

Back 32

1977

Front 33

A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board

Back 33

Determinate sentences

Front 34

Punishment applied simply in proportion to the seriousness of the offense

Back 34

Retribution

Front 35

Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration)

Back 35

Incapacitation

Front 36

Prevention of crime through the example of offenders being punished

Back 36

Deterrence

Front 37

The View that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat these shortcomings in order to prevent future crimes

Back 37

Rehabilitation

Front 38

A system of sentencing that empowers the judge to set a maximum sentence (up to the limits set by the legislature), and sometimes a minimum sentence, for the offender to serve in prison

Back 38

Indeterminate sentencing

Front 39

A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board

Back 39

Determinate sentencing

Front 40

A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85%) before they can be released

Back 40

Truth in sentencing

Front 41

Fixed sentencing for offenders convicted of certain types of crimes such as gun-related crimes, drug offenses, and drunk driving offenses

Back 41

Mandatory sentencing