Criminal Justice Chapters 7-9
Terms
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- An arraignment, a bail hearing, or a trial for a felong offense would be conduted at what tier of a state court system?
- Federal Court System
- Courts that have the authority to review a decision made by a lower court are said to have _____________?
- Appellate jurisdiction
- Give a brief overview of the Supreme Court.
-
Located in Washington, D.C.
hear cases only on appeal from lower courts. - Which Supreme Court case held that new evidence of innocence is no reason to order a new state trial when constitutional grounds are lacking?
- Herrera v. Collins (1993)
- Thomas Henderson's decisional model describes the lower court process as ___________.
- Informal, personal, and decisive
- When a trial court of general jurisdiction offers a new trial instead of appellate review of a lower court's decision, it is giving a _________
- trial de novo
- What federal offices are responsible for administering the federal court system?
- U.S. District Courts, U.S. Courts of Appeals, U.S. Supreme Courts
- The bail decision is made at what stage of the court process?
- First appearance
- There are ______ district courts in the federal court system.
- 94
- In which court would a felony trial be held in the federal court system?
- U.S. District Courts
- McNabb v. U.S. formally established that a defendant has to appear at a first appearance within how many hours after the arrest?
- 48
- How many regional intermediate appellate courts are there in the federal system?
- 39
- Which U.S. Supreme Court case established the Court's authority as the first interpreter of the U.S. Constitution?
- Marbury v. Madison (1903)
- Adam Viver had his waller stolen while he was eating lunch at a university cafeteria. When the man stole his wallet was caught, Adam opted to resolve the disagreement informally. The disposition of his case was probably heard at a ____________.
- dispute-resolution centers
- Bail serves two purposes: One is to help ensure the reappearance of the accused at tiral. The other is ___________________________.
- prevent unconvicted persons from suffering imprisonment unneccessarily.
- What U.S. Supreme Court cases affect pretrial detention issues?
- U.S. v. Montalvo-Murillo (1990); U.S. v. Hazzard (1984)
- Name the alternatives to bail.
-
Release of Recognition (ROR)
Property bonds
Deposit bail
Conditional release
Third-party custody
Unsecured bonds
Signature bonds - Who are considered professionals in the courtroom work group?
-
Judges
Prosecuting attorneys
Defense attorneys
Public defenders
Baliff
Local Court Administrators
Court Reporter
Clerk of the Court
Expert Witness - Which U.S. Supreme Court case forces the prosecution to disclose any evidence that the defense requests?
- U.S. v. Bagley (1985)
- Be familiar with the role of the judge in the courtroom work group.
- Preside over a court of law; ruling on matters of law; weighing of objections; deciding on admissibility of evidence; discipling those who disrupt the court
- Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?
- Prosecutor
- The role of a defense attorney consists of what?
- Represent the accused before a court of law
- Which U.S. Supreme Court case established the right of counsel for indigent defendants in federal court proceedings?
- Johnson v. Zerbst (1938)
- Which U.S. Supreme Court case established the right of counsel for indigent defendants in state felony court proceedings?
- Gideon v. Wainwright (1963)
- Who keeps order in the courtroom and announces the judge's entry to the courtroom?
- Baliff
- Which U.S. Supreme Court case established the right to counsel for juvenile defendants?
- In re Gault (1967)
- The most widely used system of indigent defense is what?
- Public defender
- Who sis responsible for summoning members of the public for jury duty and subpoenaing witnesses for the prosecution and the defense?
- The Clerk of Court
- Which Supreme COurt cases deal with speedy trial issues?
-
Klopfer v. NC (1967)
Barker v. Wingo (1972)
Strunk v. US (1973) - Who are the outsiders to the courtroom work group?
-
Lay witnesses
Jurors
Victim
Defendant
Press - What are the steps in a criminal trial?
-
1.) Trial initiation
2.) Jury selection
3.) Opening statements
4.) Presentation of Evidence
5.) Closing arguments
6.) Judges charge to the jury
7.) Jury deliberations
8.) The verdict - The federal Speedy Trial Act allows for the dismissal of charges when the prosecution does not seek indictment within ______ days of arrest, or when a trial does not begin within ______ days after indictment.
-
30
70 - What are the types of juror challenges?
-
1.) Challenges to the array
2.) Challenges for cause
3.) Peremptory challenges - A motion for _______ asks the court to move the trial to some other area where prejudice against a defendant is less likely.
- Change of venue
- What are the goals of contemporary sentencing?
-
Retribution
Incapacitation
Deterrence
Rehabilitation
Restoration - Which sentencing goal stresses vengeance?
- Retribution
- Separating offenders from the community furthers which sentencing goal?
- Incapacitation
- Which sentencing goal is closely associated with the phrase "an eye for an eye"?
- Retribution
- According to H.L.A. Hart, deterrence can only be achieved through ___________.
- Retribution
- ___________ deterrence seeks to reduce the likelihood of recidivism.
- Specific
- Which sentencing goal attempts to make the victim "whole again?"
- Restoration
- A sentence of 8 to 25 with the possibility of parole is an example of a(n) ______________________.
- Intermediate sentencing
- Proportionality seeks to ________________________________________________________.
- bear a direct relationship from the severity of sanctions to the seriousness of the crime.
- Who is the final arbiter of the actual sentence served in a state that relies on indeterminate sentencing scheme?
- Judgeq
- Which sentencing practice specifics a sentencing range for each criminal offense?
- Intermediate sentencing
- "Truth in sentencing" guarantees that offenders will serve at least _____ percent of their sentence.
- 85
- When a judge prior to sentencing requests information on the background of a convicted defendant it is called a _____________________.
- Presentence investigation
- The two-step trial procedure used in capital cases was approved in which Supreme Court case?
- Gregg v. Georgia (1976)
- Cooperating with the authorities, good character, and no prior record are examples of ______________ factors.
- Mitigating (circumstances)
- Which sentencing practice relies on a well-defined hierarchy of penalties, specifying terms of imprisonment with each criminal offense category?
- Structured