Pregunta 1
Pregunta
Which of these are "non-traditional courts?"
Respuesta
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Drug Courts
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Communal Courts
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Mental Health Courts
Pregunta 2
Pregunta
What is a Diversion Court?
Respuesta
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Courts that prevent defendants from having a conviction record
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The same as a deterrence court
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A way of treating root causes. Criminogenic behavior
Pregunta 3
Pregunta
What is criminogenic behavior?
Pregunta 4
Pregunta
What is the "Dual Court System"?
Respuesta
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The combination of higher and lower courts within our judicial system
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The combination of the Supreme court and municipal court
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The combination of Felony courts and misdemeanor courts
Pregunta 5
Pregunta
List, in order from bottom to top, the structure of the general court system (State and Federal)
Respuesta
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courts of limited jurisdiction, courts of general jurisdiction, Courts of appellate jurisdiction
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Courts of appellate jurisdiction, courts of general jurisdiction, courts of limited jurisdiction
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Courts of general jurisdiction, courts of limited jurisdiction, courts of appellate jurisdiction
Pregunta 6
Pregunta
Which is a part of the "Lower of Inferior Courts" of the State court system?
Pregunta 7
Pregunta
What courts are a part of the "Major Trial Courts" in the State Court system?
Respuesta
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Circuit Court
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District Court
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Superior Court
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Municipal Court
Pregunta 8
Pregunta
What courts are a part of the "Intermediate Appellate Courts" in the state court system?
Pregunta 9
Pregunta
Name, in order from bottom to top, the structure of State Courts. Name the Federal Courts order
Respuesta
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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.
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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
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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
Pregunta 10
Pregunta
how many courts of limited jurisdiction are there in the United States?
Respuesta
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more than 12,000
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11,000
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more than 13,000
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more than 24,000
Pregunta 11
Pregunta
What are some problems with lower courts?
Respuesta
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neglect by bar associations, higher courts, and government agencies
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the volume and nature of their caseloads
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trial de novo system-the system of new trials
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Too much funding
Pregunta 12
Pregunta
What can be problematic about electing judges?
Pregunta 13
Pregunta
Courts of general jurisdiction are authorized to try what type of cases?
Pregunta 14
Pregunta
Name the steps in the criminal court process for Misdemeanors and Felonies in County court?
Respuesta
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Arrest, Advisement, Preliminary hearing (for serious misdemeanors, optional for felonies), Arraignment, Pretrial conference/motions, trial, Sentencing
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Advisement, hearing, motions, arraignment, trial, sentenching
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Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
Pregunta 15
Pregunta
Name the steps in the criminal court process for Felonies going to criminal court
Respuesta
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Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
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advisement, hearing, arraignment, pretrial conference, trial, sentencing
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arrest, advisement, hearing, arraignment, motions hearing, trial, sentencing
Pregunta 16
Pregunta
what are the U.S. district courts?
Pregunta 17
Pregunta
How many U.S. courts of Appeals are there?
Pregunta 18
Pregunta
What states are in Texas' judiciary Circuit (5)?
Respuesta
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Texas
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Louisiana
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Mississippi
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Alabama
Pregunta 19
Pregunta
What did Marbury v. Madison establish?
Respuesta
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The supreme court claimed, exercised, and justified its authority to review and nullify acts of Congress that it found to conflict with the constitution
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Established presidential patronage
Pregunta 20
Pregunta
What is a writ of mandamus?
Pregunta 21
Pregunta
How does the U.S. Supreme court review cases?
Respuesta
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When a federal court has held an act of congress to be unconstitutional
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when a U.S. court of appeals has found a state statute to be unconstitutional
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When a state's highest court of appeals has ruled a federal law to be invalid
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When an individual's challenge to a state statute on federal constitutional grounds has been upheld y a state supreme court
Pregunta 22
Pregunta
What is a writ of certiorari?
Pregunta 23
Pregunta
What is the Rule of Four?
Pregunta 24
Pregunta
Some nontraditional courts according to the book?
Respuesta
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Drug courts
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Spring Break courts
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Stadium Courts
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College courts
Pregunta 25
Pregunta
What is the Missouri plan?
Respuesta
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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.
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The compromise that some states can appoint judges while others would have to elect them.
Pregunta 26
Pregunta
What are the responsibilities of prosecutors?
Pregunta 27
Pregunta
What are the responsibilities of appeals judges?
Respuesta
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determining whether the proper procedures were followed in the presentation of the appeal
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examining the written brief, the trail record, or other materials that may have been filed
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Presiding over any oral arguments
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weighing the facts of the case and the nature of the appeal in order to arrive at a decision
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negotiating a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal
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Preparing a written opinion that details the logic and reasons for the decision
Pregunta 28
Pregunta
What is nolle prosequi?
Pregunta 29
Pregunta
What happened in United States v. Cowen?
Pregunta 30
Pregunta
What happened in Brady v. United States?
Respuesta
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Formally acknowledged the practice of plea negotiation
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Gave defendants the right to an attorney
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Expanded the scope of search warrants
Pregunta 31
Pregunta
What is a motion?
Pregunta 32
Pregunta
What is an expert witness?
Respuesta
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called into court to provide technical information and opinions about matters of which the judge or jury may have no knowledge
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a citizen bystander that witnessed everything
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an arresting officer who has some knowledge of the acts of the case
Pregunta 33
Pregunta
Powell v. Alabama did what?
Respuesta
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Extended the sixth amendment; right to counsel, but only to defendants who were indigent, who were facing the death penalty, illiterate, or other handicap
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Expanded search and seizure procedures
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Established firm 8th amendment protocols
Pregunta 34
Pregunta
What is in forma pauperis
Pregunta 35
Pregunta
Argersinger v. Hamlin did what?
Respuesta
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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
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Supreme court ruled that police officers can do a plain feel search
Pregunta 36
Pregunta
What does a withhold of adjudication mean?
Pregunta 37
Pregunta
What does Bail mean?
Pregunta 38
Pregunta
What is the term for a third party that posts bond of an accused person
Pregunta 39
Pregunta
What did Stack v. Boyle do?
Respuesta
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address issues of excessive bail
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set a limit to the amount of bail that can be given to a person
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Made it clear that the purpose of bail is to assure the defendant's attendance in court when his presence is required.
Pregunta 40
Pregunta
What way(s) can an individual meet bail?
Respuesta
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The accused may post the full amount of the bond in cash
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Many jurisdictions allow a defendant (or family and friends) to put up property as collateral)
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Use the services of a bond agent
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Issue a personal check
Pregunta 41
Pregunta
What are some criticisms of the Bail System?
Respuesta
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Bail tends to discriminate against the poor
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Bail setting is totally discretionary on the part of the judge
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the court has little time to investigate the background of the accused and, hence, cannot adequately determine the degree of risk
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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
Pregunta 42
Pregunta
What is a bench warrant?
Pregunta 43
Pregunta 44
Pregunta
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?
Pregunta 45
Pregunta
What is a presentment?
Respuesta
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a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecutor
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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.
Pregunta 46
Pregunta
Did Hurtado v. California rule that the grand jury was merely a form of procedure that the states could abolish at will?
Pregunta 47
Pregunta
United States v. Calandra address the role of the exclusionary rule in grand jury proceedings
Pregunta 48
Pregunta
What is transactional immunity?
Respuesta
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a witness is granted immunity against prosecution in return for testifying
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People from other countries that commit a crime in U.S. soil have immunity
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A person is put into witness protection
Pregunta 49
Pregunta
"Use immunity" is a limited immunity that prohibits the government only from using the witness's compelled testimony in a subsequent criminal proceeding?
Pregunta 50
Pregunta
What does nolo contendere mean?
Respuesta
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no contest
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guilty plea
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new contest
Pregunta 51
Pregunta
What is double jeopardy?
Pregunta 52
Pregunta
Which supreme court cases deal with double jeopardy?
Respuesta
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Palko v. Connecticut
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Benton v. Maryland
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Downum v. United States
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Malbury v. Madison
Pregunta 53
Pregunta
A bill of particulars is a written statement that specifies additional facts about the charges contained in the information or indictment
Pregunta 54
Pregunta
A motion for severance of charges requests that each specific charge not be tried as a separate case
Pregunta 55
Pregunta
The sixth amendment promises a speedy trial
Pregunta 56
Pregunta
Klopfer v. North Carolina made sure that states had to ensure a speedy trial. Before, it was only at a federal level.
Pregunta 57
Pregunta
The Speedy Trail Act of 1974 ensured what?
Pregunta 58
Pregunta
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
Pregunta 59
Pregunta
Venire, or venire facias, is the writ that summons jurors.
Pregunta 60
Pregunta
What does voir dire mean?
Respuesta
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To speak the truth
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To not speak the truth
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A type of food
Pregunta 61
Pregunta
Batson v. Kentucky did what?
Respuesta
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Prevent juries from not having minorities. Provided a jury of one's peers.
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Examined the 8th amendment.
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The right to counsel was extended to minorities
Pregunta 62
Pregunta
J.E.B. v. Alabama ex rel T.B. made the exclusion of a certain gender in juries unconstitutional
Pregunta 63
Pregunta
What is a sequestration?
Respuesta
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the removal of the jurors (and alternates, if any) from all possible outside influence.
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Those people that ride horses
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A discharging of the jury without a verdict
Pregunta 64
Pregunta
Evidence in chief is the first, or direct, examination of a witness
Pregunta 65
Pregunta
What is retribution?
Respuesta
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An effort to make the punishment as analogous as possible to the nature of the crime. Punishment is proportional to the crime.
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The desire to punish criminals because society gains some measure of satisfaction from seeing or knowing that they are punished
Pregunta 66
Pregunta
What is Victim impact evidence?
Pregunta 67
Pregunta
What is the difference between deterrence and rehabilitation?
Respuesta
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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
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There is no difference
Pregunta 68
Pregunta
Indeterminate sentencing are flat, fixed, or straight sentences, it has no set minimum or maximum but, rather, a fixed period of time.
Pregunta 69
Pregunta
Truth-in-sentencing law requires offenders to serve a substantial portion of their sentences.
Pregunta 70
Pregunta
Allocution is the right of a convicted offender to address the court personally prior to the imposition of sentence.
Pregunta 71
Pregunta
What was the first supreme court case that invalidated a criminal punishment on eighth amendment grounds?
Respuesta
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Weems v. United States
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Wainwright v. Illinois
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Mapp v. Ohio
Pregunta 72
Pregunta
Witherspoon v. Illinois was the first indication that the death penalty might be in trouble
Pregunta 73
Pregunta
Furman v. Georgia found the death penalty to be unconstitutional
Pregunta 74
Pregunta
What was the issue in Gregg v. Georgia?
Pregunta 75
Pregunta
Coker v. Georgia placed limitations on the imposition of capital sentences
Pregunta 76
Pregunta
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
Pregunta 77
Pregunta
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