Criminal Justice Test 3

Front 1

Structure of the courts

Back 1

Dual court system of federal and state

Front 2

How many tier for federal and state?

Back 2

3 tiered system. One largely administrative and last two are split between intermidiate and and final appeals.

Front 3

Typical state court system.

Back 3

Trial courts of limited jurisdiction (misdemeanor courts)

Trial courts of general jurisdiction (superior and circuit courts

Intermediate appellate courts

Court of last resort (state supreme Court)

Front 4

Federal court system

Back 4

94 districts courts and 3 territorial courts. Including a tax, trade, and federal claims court

Us court of appeals (12 circuits) including is court of appeals for federal circuit and military appeals.

Us supreme Court. 9 justices and one chief justice.

Front 5

Original jurisdiction

Back 5

Lawful authority of a court to hear or act on a case from it's beginning and to pass judgement on the law and facts. May be over specific geographical area.

Front 6

Appellate jurisdiction

Back 6

Lawful authority for court to review a decision made by a lower court

Front 7

Judiciary act of 1789

Back 7

Established federal judiciary and the 3 tiered model of courts.

Front 8

Trial de Novo jurisdiction

Back 8

No records of what happened in court exist, so you can request a new trial in the general jurisdiction.

Front 9

State court.

Back 9

Most reforms target this. Few attorney practice regularly. Mostly handle family disputes, misdemeanors,

Front 10

General jurisdiction/trial/felony courts

Back 10

These courts have records, all words transcribed. Deal with serious felony and civil matters. Judges have to be members of BAR association. Plea bargain dominates most cases.

Front 11

Specialty courts

Back 11

Focus on certain issues, like drug, gun family.

Restrictive area of authority. Many are accommodative and have treatment.

Front 12

Appeals

Back 12

A request by a defendant to a higher court asking it to review the actions of a lower court. Some cases like death penalty or life sentence automatically appealed. Most appeals civil not criminal.

Front 13

Appellate courts

Back 13

Include intermidiate appellate and court of last resort.

Intermediate appellate reviews decision of trial courts

State Supreme courts- can order new trial, fee defendant, or uphold verdict. On chance to appeal.

Front 14

Felony murder doctrine

Back 14

Of someone loses their life while you were commiting a felony, you will be charged with murder.

Front 15

Herrera v collins

Back 15

Evidence of innocence is no reason for a federal court to order a new trial if constitutional ground's are lacking.

Front 16

Federal courts

Back 16

4 tiers, first is administrative

One supreme Court, inferior courts as Congress establishes.

Magistrate court

Us district court

Is court of appeals

Supreme court.

Front 17

Magistrate court.

Back 17

Deals with misdemeanor cases. Sets bail, search warrants. No BAR requirement of judges.

Front 18

Us district court.

Back 18

Judges appointed by president and confirmed by Senate, have original jurisdiction for federal laws, regulatory codes and civil rights.

Front 19

Is court of appeals

Back 19

11 circuits with 12th serving D.C.

Mandatory jurisdiction over district courts

Cases Heard by a 3 judge panel

Right to one appeal

Front 20

Marbury v madison

Back 20

Have courts judicial review

Front 21

Writ of certiorari (rule of 4)

Back 21

When at least 4 justices agree to hear a case, the record is sent forward for review.

Front 22

Powell v Alabama

Back 22

Right to council if facing the death penalty.

Front 23

Betts v brady

Back 23

Right to free council in federal court with felony charge but not in a state court.

Front 24

Gideon v Wainwright

Back 24

The right to free council extended to state courts

Front 25

Argersinger v Hamlin.

Back 25

Right to council whenever liberty is in jeopardy

Front 26

In re gault

Back 26

Right to council for juvenile delinquent acts

Front 27

3 questions attorney should answer.

Back 27

Cross examination solely to discredit reliability when witness is truthful

Put witness on stand when perjury is plain

Give advise that will lead to crime.

Front 28

Faretta v Ca

Back 28

You can act as your own defendant

Front 29

McMann v Richardson

Back 29

Established guidelines for defendants to meet if they claim that their attorney provided ineffective assistance of counsel.

Front 30

Prosecutor

Back 30

Chief law office for jurisdiction largely elected by popular vote.

Enforce law, represent gov, maintain court standards, develop programs for CJ reform.

Front 31

Discovery

Back 31

Prosecutor must turn over evidence to defense

Front 32

Buckley v Fitzsimmons

Back 32

Can't manufacture or misrepresent evidence

Front 33

Nolle prosequi US v cowen

Back 33

Prosecutor has absolute authority to outside or dismiss cases. Has discretion to plea bargain schedule cases for trial.

Front 34

Judge

Back 34

Selected by popular vote or political appointment.

duty to safeguard rights of accused. Settles questions of evidence and procedure. Instructs and supervises jury.

Front 35

Booking

Back 35

Not required in felonies or misd.

Police list all charges

Interview may occur before or after

Array, photo, fingerprint, distinguishing marks.

Front 36

McNabb v US

Back 36

McNabb rule, max time allowed between booking and seeing a judge is 48 hrs.

Front 37

Stack v boyle

Back 37

Bails is excessive when it exceeds amount to ensure defendant will return for trial.

Front 38

Carlson v landon

Back 38

No constitutional right to bail for alien communist

Front 39

Bail reform act of 1984

Back 39

. Requires courts or detain prior to trial arrestees charged with certain serious felonies if the give demonstrates with evidence that no release conditions will ensure the safety of any other person and the community.

Front 40

Manhattan bail project

Back 40

Release on recognizance . Belief that people accuse of a crime can be reiled on to appear in court and do not have to post bail or be held in trial. Spread Nationwide, failure to appear and new crime dropped to one percent. Now between 7 and 15

Front 41

Grand jury

Back 41

Investigatory jury examine general rather than specific criminal conduct. May be used to build a case against individual.

Accusatory jury, defense not always present, acts as a community. Conscience to see if state info justifies a trial.

Front 42

Preliminary hearing

Back 42

Mini trial

Determine of PC exists

Prosection presents my normal evidence necessary to make PC.

Defendant may waive prelim.

Front 43

Arraignment.

Back 43

Judge informs defendant of charges. Then there are plea for the charges.

Front 44

Guilty

Back 44

Admits charges and surrenders constitutional rights

Front 45

Not guilty

Back 45

Trial date is set

Front 46

No contest.

Back 46

Same consequences as guilty, may not be used in civil proceedings .

Front 47

Standing mute

Back 47

Refuses to enter plea, judge invokes not guilty and sets trial date

Front 48

Alford (NC v Alford.)

Back 48

No contest but maintains innocence.

Front 49

Motion

Back 49

Application to the court for some action, order, or ruiling.

Front 50

Venue

Back 50

Original court holds hearings in a new location.

Front 51

Suppression

Back 51

Exclude evidence from consideration

Front 52

Sever charges.

Back 52

A sperate trial for each of the charges.

Front 53

Continuance

Back 53

Postpone to prepare case

Front 54

Dismissal

Back 54

Evidence left after motions weakens case

Front 55

Baker v Wingo

Back 55

Right to a speedy trial. Set forth factors to determine of this has been violated.

30 days between arrest and indictment and 70 between indictment and trial.

Front 56

Ghailani v US

Back 56

Speedy trial protects defendants against prejudice caused by delays in their trials, not against the harms of interrogation of enemy combatants.

Front 57

Williams v Florida

Back 57

6 jury members ok in non capital crime

Front 58

Apodaca v OR

Back 58

10 out of 12 jury concensus required. If 6 person jury, unanimity required .

Front 59

Jury representativeness

Back 59

Master list developed by voter registry

Front 60

Venire

Back 60

List recieving jury summons.

Front 61

Jury panal

Back 61

25 to 50 people present and jury elected during selection process.

Front 62

Voir dire

Back 62

Speak the truth

Front 63

Challenging jury members

Back 63

Challenge the array

Challenge for cause.- relationship to party, relationship that creates bias,involved in previous similar case

Front 64

Peremptory challenge

Back 64

Both prosecutor and defense get to strike down jury members without justification

Front 65

Batson v Kentucky

Back 65

Race can't be a reason to strike down a jury memebr

Front 66

Opening statements

Back 66

Lay out theory of case. Talk directly to jury. Judge ensure no prejudicial errors occur.

Front 67

Evidence

Back 67

Any type of our of that is pertinent real physical objects

Testimonial

Eyewitness testimony

Circumstantial evidence.

Evidence must be competent material, relevant

Front 68

Court process

Back 68

Opening statement

Evidence presented

Prosecution presents witnesses and evidence

Defense offers testimony to refute prosecution

Prosecution rebuttal and defense surrebuttal

Closing arguments

Charging the jury

Jury deliberation

Verdict given