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C.J.: Chapter 9
Checkpoint Answers
| Question | Answer |
|---|---|
| What is the dual court system? | Separate federal and state court systems handling cases in the U.S. |
| What different categories of courts exist within each court system? | The fed. system is made up of the Supreme Court of the U.S., circuit courts of appeals, and district courts. State court systems are made up of appellate courts of last resort, intermediate courts of appeals, tr. crts of appls, gnrl juris, & limited jris. |
| What does it mean for courts to be decentralized? | Operated and controlled by local communities not a statewide administration. Most state and country courts are decentralized. |
| What are the main goals of advocates of judicial reform? | To create a unified court system with consolidation and simplified structures, having centralized management, full funding by the state, and a central personnel system/ |
| What is the image of the judge in the public's eye? | The judges carefully and deliberately weigh the issues in a case before making a decision. Judges embody justice and dispense it impartially. |
| Why might it be important for judges to represent different segments of society? | So that all segments of society will view the decisions as legitimate and fair. |
| What are judges' main functions? | Adjudicator, negotiator, and administrator. |
| Why do political parties often prefer that judges be elected? | To secure the support of attorneys who aspire to become judges and to ensure that courthouse positions are allocated to party workers. |
| What are the steps in the merit-selection process? | When a vacancy occurs, a nominating commission is appointed that send the gov. names of approved candidates. Governor must fill vacancy from this list. After a short term, a referendum is held to ask the voters whether the judge should be retained. |
| What are the purposes of preliminary hearings, arraignments, and defense motions? | Preliminary hearings inform defendants of their rights and determine if there is probable cause. Arraignments involve the formal reading of charges and the entry of a plea. Motions seek information and the vindication of defendants' rights. |
| Why and how are cases filtered out of the system? | Cases are filtered out through the discretionary decisions of prosecutors and judges when they believe that there is inadequate evidence to proceed, or when prosecutors believe their scarce resources are best directed at other cases. |
| What factors affect whether bail is set and how much money, or property, a defendant must provide to gain pretrial release? | Bail decisions based on judge's eval. of the seriousness of the offense, and defendant's prior record. Influenced by the prosecutor's recs and the defense attorney's counter about the defendant's personal qualities and ties to the community. |
| What positive and negative effects does the bail agent have on the justice system? | Bails agents help the system by reminding defendants about their court dates and finding them if they fail to appear. However, bail agents also may contribute to corruption and discrimination. |
| What methods are used to facilitate pretrial release for certain defendants? | Bail reform alternatives such as police citations, release on own recognizance (ROR), bail fund, and 10 percent cash bail. |
| How did the U.S. Supreme Court rule in cases involving preventive detention? | Preventive detention does not violate the Constitution's ban on excessive bail because such detentions are not punishment and merely a way to protect the public. |
| People are detained in jail for many reasons. What categories of people are found in jails? | Pretrial detainees whose bail was not set or could not pay it. People serving short sentence for misdemeanors. People convicted of felonies being transfered to prison. People w/ psychological or substance abuse problems who have been swept off street. |
| What sources of stress do people face while in jail awaiting trial? | The stress of living with difficult and potentially dangerous cell mates; uncertainty about what will happen to their case, their families, their jobs; and their ability to contribute to preparing a defense. |
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