Which of these are "non-traditional courts?"
Drug Courts
Communal Courts
Mental Health Courts
What is a Diversion Court?
Courts that prevent defendants from having a conviction record
The same as a deterrence court
A way of treating root causes. Criminogenic behavior
What is criminogenic behavior?
Mental health issues
Central executive issues
poor education
behaviors that could be the reason behind crime
What is the "Dual Court System"?
The combination of higher and lower courts within our judicial system
The combination of the Supreme court and municipal court
The combination of Felony courts and misdemeanor courts
List, in order from bottom to top, the structure of the general court system (State and Federal)
courts of limited jurisdiction, courts of general jurisdiction, Courts of appellate jurisdiction
Courts of appellate jurisdiction, courts of general jurisdiction, courts of limited jurisdiction
Courts of general jurisdiction, courts of limited jurisdiction, courts of appellate jurisdiction
Which is a part of the "Lower of Inferior Courts" of the State court system?
Magistrate's court
Justice of the Peace court
Municipal court
County court
What courts are a part of the "Major Trial Courts" in the State Court system?
Circuit Court
District Court
Superior Court
Municipal Court
What courts are a part of the "Intermediate Appellate Courts" in the state court system?
Appeals Court
Court of criminal appeals
U.S. courts of appeals
Name, in order from bottom to top, the structure of State Courts. Name the Federal Courts order
Lower or inferior courts, Major Trial Courts, Intermediate courts, Courts of last resort. U.S. magistrate's courts, U.S. district courts, U.S. courts of appeals, United States Supreme court.
U.S. Magistrate courts, Lower or inferior courts, major trial courts, U.S. district courts. U.S. district courts, U.S. courts of appeals, Intermediate appellate courts, U.S. supreme Court
Courts of Last resort, intermediate appellate courts, major trial courts, lower or inferior courts U.S. magistrate's courts, U.S. courts of appeals, U.S. district courts, U.S. supreme court
how many courts of limited jurisdiction are there in the United States?
more than 12,000
11,000
more than 13,000
more than 24,000
What are some problems with lower courts?
neglect by bar associations, higher courts, and government agencies
the volume and nature of their caseloads
trial de novo system-the system of new trials
Too much funding
What can be problematic about electing judges?
They have to run on a political party
They may be bias
government coruption
Courts of general jurisdiction are authorized to try what type of cases?
criminal
civil
divorce
Name the steps in the criminal court process for Misdemeanors and Felonies in County court?
Arrest, Advisement, Preliminary hearing (for serious misdemeanors, optional for felonies), Arraignment, Pretrial conference/motions, trial, Sentencing
Advisement, hearing, motions, arraignment, trial, sentenching
Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
Name the steps in the criminal court process for Felonies going to criminal court
advisement, hearing, arraignment, pretrial conference, trial, sentencing
arrest, advisement, hearing, arraignment, motions hearing, trial, sentencing
what are the U.S. district courts?
The trial courts of the federal system and the District of Columbia
Lower courts
diversion courts
How many U.S. courts of Appeals are there?
10
11
12
13
What states are in Texas' judiciary Circuit (5)?
Texas
Louisiana
Mississippi
Alabama
What did Marbury v. Madison establish?
The supreme court claimed, exercised, and justified its authority to review and nullify acts of Congress that it found to conflict with the constitution
Established presidential patronage
What is a writ of mandamus?
a command to perform a certain duty
A request for a warrant
A latin word that doesn't mean anything.
How does the U.S. Supreme court review cases?
When a federal court has held an act of congress to be unconstitutional
when a U.S. court of appeals has found a state statute to be unconstitutional
When a state's highest court of appeals has ruled a federal law to be invalid
When an individual's challenge to a state statute on federal constitutional grounds has been upheld y a state supreme court
What is a writ of certiorari?
When the supreme court decides which cases it will hear
a writ of review issued by the court ordering a lower court to "forward up the record" of a case it has tried
What is the Rule of Four?
When for or more justices feel that a case merits consideration by the full court
A square will always have four sides
Some nontraditional courts according to the book?
Drug courts
Spring Break courts
Stadium Courts
College courts
What is the Missouri plan?
A hybrid plan advocated by the American Bar Association that implements appointment and election for judges. First a judge is appointed, then when the next election comes up, the people decided to keep the judge.
The compromise that some states can appoint judges while others would have to elect them.
What are the responsibilities of prosecutors?
Enforcing the law
Representing the government in matters of law
Representing the government and the people in matters of legislation and criminal justice reform.
What are the responsibilities of appeals judges?
determining whether the proper procedures were followed in the presentation of the appeal
examining the written brief, the trail record, or other materials that may have been filed
Presiding over any oral arguments
weighing the facts of the case and the nature of the appeal in order to arrive at a decision
negotiating a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal
Preparing a written opinion that details the logic and reasons for the decision
What is nolle prosequi?
a formal statement of unwillingness to proceed further in a particular case
allowing defendants to plead guilty to a reduced charge or charges
A written or oral debate
What happened in United States v. Cowen?
Two aspects of prosecutorial discretion were involved: the nol. pros. and plea negotiation
Miranda rights
The right to an attorney
What happened in Brady v. United States?
Formally acknowledged the practice of plea negotiation
Gave defendants the right to an attorney
Expanded the scope of search warrants
What is a motion?
an application made to the court of the judge requesting an order or ruling in favor of the applicant
movement to adjourn
What is an expert witness?
called into court to provide technical information and opinions about matters of which the judge or jury may have no knowledge
a citizen bystander that witnessed everything
an arresting officer who has some knowledge of the acts of the case
Powell v. Alabama did what?
Extended the sixth amendment; right to counsel, but only to defendants who were indigent, who were facing the death penalty, illiterate, or other handicap
Expanded search and seizure procedures
Established firm 8th amendment protocols
What is in forma pauperis
in the form of a poor man; in the character of a poor person
A informal letter or paper
Argersinger v. Hamlin did what?
Supreme court ruled that the right to counsel applies not only to state defendants charged with felonies but in all trials of persons for offenses serious enough to warrant a jail sentence
Supreme court ruled that police officers can do a plain feel search
What does a withhold of adjudication mean?
If the court withholds the adjudication of guilt the court has not convicted you
You have waived your right to counsel
What does Bail mean?
a form of security guaranteeing that a defendant in a criminal proceeding will appear and be present in court at all times as required
When you flake out on plans
What is the term for a third party that posts bond of an accused person
surety
bondsperson
What did Stack v. Boyle do?
address issues of excessive bail
set a limit to the amount of bail that can be given to a person
Made it clear that the purpose of bail is to assure the defendant's attendance in court when his presence is required.
What way(s) can an individual meet bail?
The accused may post the full amount of the bond in cash
Many jurisdictions allow a defendant (or family and friends) to put up property as collateral)
Use the services of a bond agent
Issue a personal check
What are some criticisms of the Bail System?
Bail tends to discriminate against the poor
Bail setting is totally discretionary on the part of the judge
the court has little time to investigate the background of the accused and, hence, cannot adequately determine the degree of risk
As a means of protecting the community against offenders who are viewed as risks to social welfare and safety, bail is set so high that it can rarely be met
What is a bench warrant?
A capias
When the defendant fails to appear in court as required. A bench warrant is authorized for their arrest
When a judge needs a new bench
What is a ROR?
The fraternity that Mike and Sully wanted to get into in Monster's University
Release on recognizance; defendants are released in the custody of contacts without paying anything
is an information a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges?
What is a presentment?
a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecutor
A written notice of accusation issued by the grand jury. Comes from the initiative of the grand jury, based on its own knowledge and observation.
Did Hurtado v. California rule that the grand jury was merely a form of procedure that the states could abolish at will?
United States v. Calandra address the role of the exclusionary rule in grand jury proceedings
What is transactional immunity?
a witness is granted immunity against prosecution in return for testifying
People from other countries that commit a crime in U.S. soil have immunity
A person is put into witness protection
"Use immunity" is a limited immunity that prohibits the government only from using the witness's compelled testimony in a subsequent criminal proceeding?
What does nolo contendere mean?
no contest
guilty plea
new contest
What is double jeopardy?
Two trials for one offense
A question on the hit tv show in which a contestant can earn more money than is usually afforded to that particular category/question
Which supreme court cases deal with double jeopardy?
Palko v. Connecticut
Benton v. Maryland
Downum v. United States
Malbury v. Madison
A bill of particulars is a written statement that specifies additional facts about the charges contained in the information or indictment
A motion for severance of charges requests that each specific charge not be tried as a separate case
The sixth amendment promises a speedy trial
Klopfer v. North Carolina made sure that states had to ensure a speedy trial. Before, it was only at a federal level.
The Speedy Trail Act of 1974 ensured what?
A reduction in delays in federal trials
A reduction in delays in state trials
Duncan v. Louisiana settled the discrepancy of the right to a trial by jury "in all criminal prosecutions". It hadn't been fully binding in state trials
Venire, or venire facias, is the writ that summons jurors.
What does voir dire mean?
To speak the truth
To not speak the truth
A type of food
Batson v. Kentucky did what?
Prevent juries from not having minorities. Provided a jury of one's peers.
Examined the 8th amendment.
The right to counsel was extended to minorities
J.E.B. v. Alabama ex rel T.B. made the exclusion of a certain gender in juries unconstitutional
What is a sequestration?
the removal of the jurors (and alternates, if any) from all possible outside influence.
Those people that ride horses
A discharging of the jury without a verdict
Evidence in chief is the first, or direct, examination of a witness
What is retribution?
An effort to make the punishment as analogous as possible to the nature of the crime. Punishment is proportional to the crime.
The desire to punish criminals because society gains some measure of satisfaction from seeing or knowing that they are punished
What is Victim impact evidence?
a statement of harm suffered by the victim or the victim's family as a result of the offender's actions
The removal of dangerous persons from the community
What is the difference between deterrence and rehabilitation?
Deterrence refers to the prevention of criminal acts by making examples of individuals convicted of a crime. Rehabilitation rests on the premise that people who commit crimes have identifiable reasons for doing so and that these can be discovered, addressed, and altered
There is no difference
Indeterminate sentencing are flat, fixed, or straight sentences, it has no set minimum or maximum but, rather, a fixed period of time.
Truth-in-sentencing law requires offenders to serve a substantial portion of their sentences.
Allocution is the right of a convicted offender to address the court personally prior to the imposition of sentence.
What was the first supreme court case that invalidated a criminal punishment on eighth amendment grounds?
Weems v. United States
Wainwright v. Illinois
Mapp v. Ohio
Witherspoon v. Illinois was the first indication that the death penalty might be in trouble
Furman v. Georgia found the death penalty to be unconstitutional
What was the issue in Gregg v. Georgia?
Georgia's new bifurcated trial structure
Racial prejudice in sentencing
Coker v. Georgia placed limitations on the imposition of capital sentences
In Lockhart v. McCree, the court asserted that even if juries that support the death penalty are "conviction prone" this in itself does not violate any constitutional provisions
In Tison v. Arizona, the Court held that a defendant who does not intend to commit murder and who does not actually commit murder may not be executed when he or she participated in a felony that leads to murder and is found to have exhibited "reckless indifference" for human life
