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Criminal Courts
Midterm
| Question | Answer |
|---|---|
| Describe how the courts are relayed to the other components of the criminal justice system | Law enforcement, courts, and corrections are separate sets of organizations, but they also are interdependent. The courts process cases after suspects are arrested, and corrections handles defendants who are found guilty by the courts. |
| Discuss the major types of courts found in the United States | In the US, Separate systems of federal courts and state courts exist. Within each system one or two levels of trial courts and one or two levels of appellate courts hear cases. |
| Identify the most important actors in the courthouse. | Judges, Prosecutors, and defense attorneys are the most important actors in the courthouse. Defendants and victims are also important because they are the sources of cases for the courts. |
| list the steps in a typical felony prosecution. | arrest, initial appearance. Bail or Jail, grand jury OR prelim. Proceeds to a formal arraignment, after which decisions about discovery, pretrial motions, and plea negotiations. No plea bargain = trial. If convicted, sentencing and possible appeal. |
| list the four key elements defining law | 1. a body of rules, 2. enacted by public officers, 3. in a legitimate manner, and 4. backed by the force of the state. |
| Identify the three key characteristics of common law | 1. judge-made law, 2. precedent, 3. multiple sources of the law |
| Explain the importance of the adversary system | The adversary system seeks to protect individual rights by diffusing governmental power in several actors and insisting that the defendant is presumed innocent until proven guilty. |
| list the four amendments in the bill of rights that deal specifically with criminal procedure. | 4th, 5th, 6th, and 8th |
| Identify the major elements of a crime | 1. an actus reus (a guilty act) is committed, 2. With an accompanying mens rea (criminal intent) and 3. actus reus and mens rea are related. Crimes defined on the basis of 4. attendant circumstances and/or 5. specific results |
| Identify some of the most important legal defenses in American Law | Alibi, necessity, mistake of fact, self-defense, infancy, and insanity |
| Explain how a "law in action" perspective compliments a "law on the books" approach to studying the criminal courts. | The law on the books approach to studying the criminal courts stresses the the importance of examining the formal law and how courts interpret that law. The law in action approach stresses the importance of discretion throughput criminal prosecution. |
| Distinguish between the crime control model of criminal justice and the due process model of criminal justice | the crime control model emphasizes the need to repress crime and efficiently process the large number of guilty defendants. The due process model emphasizes the importance of protecting the rights of citizens and providing careful consideration to cases. |
| Define the four primary types of jurisdiction: Geographical, subject matter, personal, and hierarchical | Geographical: a courts geographic boundaries. Subject-matter: concerns the types of cases a court may hear Personal: courts power over a specific person or legal entity Hierarchical: if a court has the power to decide a case og or review it |
Created by:
Shelbyhahn2002
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