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JA Midterm

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