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JA Midterm
| Question | Answer |
|---|---|
| The 4 components of the CJS | Police, courts, corrections, public |
| Fragmentation | best describes the CJS |
| Prosecutors | Most powerful & decides what the charges will be |
| Defense attorney | fixture in the courtroom |
| Judges | ultimate decision makers to be fair is the end result |
| Following a case | arrest to probable cause, crime is down for the past 10 years (property crime) almost all unreported |
| Preliminary hearing | Decide to a mini trial to see if probable cause to hold the defendant, if not then the defendant is released or detained |
| Due process model | Individual constitutional rights to make sure everyones right are watched and modeled |
| Crime control | putting clients away for long periods of time |
| Initial appearance | mm usually come in a plead guilty and the case is over |
| Common law | Judge made (appellate courts), Precedent (two cases are similar), Uncodified (found in various places) |
| The rights of an accused | Right to be informed of charges, right to a public trial, right to a cross exam, right against self incrimination |
| Doctrine of incorporation | made the bill of rights actable to the states through the 14th A of the constitution |
| Elements of crime | Guilty Act (Actus Rea), Guilty Intent (Mens Rea) |
| Appelate jurisdiction | power of court to be able to hear a case that is already been decided |
| What is the difference between trial courts and appellate courts | Trial courts determine facts, Appellate courts are error correction |
| Rule 4 | Four justices or more must agree to hear the case |
| US Supreme court has what type of jurisdiction | Discretionary jurisdiction- supreme court, can pick and choose what cases to hear (monumental cases for the country) |
| Trial courts of limited jurisdiction decided mostly what type of cases | traffic violations |
| What is the problem with the excessive case load theory being the culprit for case delay | Most criminal cases are routine |
| Most criminal cases are routine | most criminal cases have no disputed questions of law or fact |
| Connecticut study | Looked at two courts...hypothesis proven wrong |
| Legal judgment | when a prosecutor reads the report and says I don't think I can prove the elements of defense beyond reasonable doubt |
| Speedy trial laws | a defendant must be tried within a certain amount of days from the time he or she gets arrested or charges filed whatever comes first. Exist in fed system & all 50 states. |
| The most powerful person in the court room work group is? | Prosecutor, key to the courthouse, most discretion |
| Brady information. What's the prosecutors duty? | Duty to give defendants any evidence that might be exculpatory (maryland vs brady) |
| Solicitor General | Office of the solicitor general represents the executive branch (US Gov) before the Supreme court |
| Burns vs. Reed | Prosecutor gave advise to a police officer and they put a lady under hypnosis and then put her in a hospital |
| What can prosecutors be sued for? | Have absolute liability until they give advise outside the scope of their job |
| Where do prosecutors learn to do their job? | in court |
| Vertical prosecution | Find in very small offices. Concept that the prosecutor who files the case, tries the case, and in some cases even handles the appeal. really good for case familiarity. File trash....try trash |
| Gideon vs. Wainwright | Gave people charged with felonies a right to have an attorney if they couldn't afford one |
| 6th amendment prior to Gideon | Originally interpreted as you have a right to counsel as long as you hire them but we don't have to give you one. You will have a lawyer no matter what. |
| Argersinger vs. Hamlin | Anytime that you are looking at jail time for a MM we have to give you a lawyer |
| Faretta vs. California | You have the right to represent yourself if you are capable to conduct a trial...almost all cases are not able |
| Strickland vs. Washington | Not only are you entitled to counsel but you are entitled to effective assistance of counsel. Must show the counsel that the lawyer was reasonable and ineffective.But for the ineffectiveness of counsel the verdict would have been different. |
| Lisa McIntyre Study | Studied public defenders all over the country |
| The judge | Most prestigious and the public demands that judges be fair |
| Benefits of the job | Prestige and respect, longer term than others, higher salaries, patronage and power |
| Where do most judges prefer to practice | Civil bench, you deal with money and property |
| Judge shopping | Lawyers use of strategic motions to disqualify a judge that you perceive as unfavorable to your side and get in front of another judge |
| Active Participant | make it known to the court that they will be involved in the plea negotiation system (minority judges) |
| Passive participant | dont get their hands dirty they either accept the plea deal or not |
| How do most states select their judges | election |
| What are judicial campaigns like | low profile, spend money on signs |
| What is the profile of a typical defendant | young, male, racial minority, unmarried, broke home, uneducated |
| What is the rate of minorities in prison | high rate |
| What is the frequency of defendants and victims relationships prior to the crime | Usually live close and know each other |
| What do domestic violence studies indicate | inconclusive |
| How did police historically deal with domestic violence complaints | have to arrest someone if they are called |
| How do court room officials feel about defendant / victim crimes when the two parties know each other? | less serious |
| Pain vs. Tenn | allowing victims to testify |
| Victim impact statements | allows to tell their story and how it has affected them wasn't allowed until Tenn vs. Pain |
Created by:
chelseyabigail
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