Courts Exam 1

Front 1

What are the main components of the criminal justice system?

Back 1

Courts, Police, and Corrections

Front 2

Which court are trials held in local jurisdictions, jurors sworn, and witnesses are questioned (-Lower courts: Process minor offense cases, and begin the processing of felony cases; -Major trial courts:
Responsible for final phases of felony prosecutions)?

Back 2

Trial Courts

Front 3

Which court reviews decisions made by trial courts—most often major trial courts (No trials are held, no jurors employed, no witnesses heard, lawyers argue over previous cases)?

Back 3

Appellate Courts

Front 4

Which court is considered the Court of Last Resort, cases are hand selected, hears fewer than 85 cases a year, usually only hears cases impacting society as a whole?

Back 4

U.S. Supreme Court

Front 5

Who are the most important actors in the courthouse?

Back 5

-Prosecutors
-Defense Attorneys
-Judges
-Defendants
-Victims

Front 6

What are the legal and structural components of the judiciary; what is included?

Back 6

Law on the books:
-Constitutions
-Legislations
-Regulations (ex. court rules)
-Court cases

Front 7

What focuses on human factors governing the actual application of law; what is included?

Back 7

Law in action:
-Police
-Prosecutors
-Judges
-Victims
-Witnesses
-Jurors

Front 8

Flowchart of the criminal justice process:

Back 8

Arrest- Initial appearance- Bail- Grand jury -or -Preliminary hearing- Arraignment- Discovery, pretrial motions, and plea negotiations- Trial-Sentencing- Appeal

Front 9

The accused is told of the charges, bail is set, and a date for the preliminary hearing is set. What is being described?

Back 9

Initial appearance

Front 10

The defendant is informed of the pending charges and is required to enter a plea. What is being described?

Back 10

Arraignment

Front 11

Judicial proceedings to determine whether probable cause exists to make the accused stand trial on felony charges.

Back 11

Preliminary hearing or grand jury

Front 12

Who initially developed the Crime Control Model vs. the Due Process Model?

Back 12

Herber Packer (1968)

Front 13

What did Herbert Packer describe as proposing to reduce crime by increasing penalties on criminals?

Back 13

Crime Control Model

Front 14

What did Herbert Packer describe as advocating programs to reduce crime by reducing poverty?

Back 14

Due Process Model

Front 15

-Individual Responsibility
-Self-Control
-Discipline
-Quickly determine innocence or guilt
-Informal Fact-Finding is foolproof
-Speed and finality of courts
-Courts hinder effective law enforcement and provide inadequate protection to society

Back 15

Crime Control Model

Front 16

-Protecting the rights of the individual
-Social Influences
-Formal Fact-Finding
-Careful consideration of each case
-Considers the court’s role to find error on the part of law enforcement & prosecutors
-Community based sentencing

Back 16

Due Process Model

Front 17

Which Supreme Court case is being described:
In reversing the defendants’ convictions, the Supreme Court ruled that confessions beaten out of suspects were clearly inadmissible because they were involuntary. The Court did so using the Fourteenth Amendment’s guarantee of “ due process of law.”

Back 17

Brown v. Mississippi

Front 18

How do people in the U.S. learn about the process of criminal courts?

Back 18

Through the media

Front 19

What are some advantages and disadvantages of media in the courts?

Back 19

-Advantage: People are able to understand influences on the outcome of the case, such as: Influences of laws on the books, Influences of law in action, Influences of law in controversy related to political views
-Disadvantage: Media can distort reality to make dull proceedings seem more dramatic, CSI effect-expectations for use of scientific evidence in courtroom, and Can build on the emotional aspects of the issue

Front 20

What are the four key elements defining American law?

Back 20

-Law is a body of rules
-Law is enacted by public officials
-Law is enacted in a legitimate manner
-Law is backed by the force of the state

Front 21

5 elements of a crime (Corpus Delicti): What is the guilty act?

Back 21

Actus reus

Front 22

5 elements of a crime (Corpus Delicti): What is the guilty intent?

Back 22

Mens rea

Front 23

5 elements of a crime (Corpus Delicti): The guilty act and guilty intent are related to occur together.

Back 23

True

Front 24

5 elements of a crime (Corpus Delicti): What are the accompanying circumstances or defining characteristics?

Back 24

Attendent circumstances

Front 25

5 elements of a crime (Corpus Delicti): What is the outcome of the act?

Back 25

Specific result

Front 26

What describes tort law, contracts, property, domestic relations, and inheritance?

Back 26

Civil law

Front 27

What are some civil remedies?

Back 27

-Money damages, a declaratory judgment, or an injunction;
-Lawsuits against criminal defendants in order to recover lost property or wrongful death etc.;
-Compensation for injuries to person or property;
-Asset Forfeiture;
-Injunction to stop or demand an action

Front 28

What are some examples of criminal law?

Back 28

-Misdemeanor
Less serious crime, punishable by a fine and less than a year in jail
-Felony
Depending upon the state, it is typically defined by the term or location of imprisonment
-Over 1 year
-State prison v. county jail

Front 29

What level of proof is necessary for law enforcement personnel to conduct a “stop and frisk"?

Back 29

Reasonable suspicion

Front 30

In civil law, what is the standard of proof required to prevail at trial?

Back 30

Preponderance of the evidence

Front 31

Which Supreme Court case is being described:
-Creation of a stop and frisk for law enforcement
-Brief, limited, investigative detentions
-Legal to law enforcement personnel if they can articulate the reason for the detention
-Landmark case, 4th amendment

Back 31

Terry v. Ohio (1968)

Front 32

What is a probability that a crime occurred or that a particular person was involved in a crime?

Back 32

Probable cause

Front 33

What is to establish an affirmative defense of insanity?

Back 33

Clear and convincing evidence

Front 34

What are charges that are most certainly true?

Back 34

Beyond a reasonable doubt

Front 35

What are the sources of American law?

Back 35

-Constitutions
-Codes or Statutes
-Administrative Rules and Regulations
-Court Opinions – Judge made law

Front 36

-The fundamental rules which dictate that people will be governed
-Create guidelines or rules for establishing that government
-First document establishing principles and general laws of a nation or state
-Define the powers each branch of government may exercise

Back 36

Constitutions

Front 37

-These are rules enacted by state or federal legislatures and are the product of the legislative process
-Texas Penal Code for example
-Local government rules are often called “municipal ordinances”

Back 37

Codes or Statues

Front 38

-Administrative agencies are created by, and get their power to act, from the legislature
-Regulations have the “force of law” the same way a legislative statute does, and they are often interpreted by the courts
-(IRS, State and Federal agency rules, State boards, Zoning boards)

Back 38

Administrative Rules

Front 39

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition thegovernment for a redress of grievances.

Back 39

Amendment I (Restriction on powers of Congress)

Front 40

A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

Back 40

Amendment II (Right to bear arms)

Front 41

No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law.

Back 41

Amendement III (Billeting of soldiers)

Front 42

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Back 42

Amendment IV (Seizures, searches, and warrants)

Front 43

Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself; nor be ­deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation.

Back 43

Amendment V (Criminal proceedings, condemnation of property)

Front 44

The right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Back 44

Amendment VI (Mode of trial in criminal procedures)

Front 45

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by jury, shall be otherwise reexamined in any court of the US than according to the rules of common law.

Back 45

Amendment VII (Trial by jury)

Front 46

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Back 46

Amendment VIII (Involuntary servitude)

Front 47

What are the criminal procedure amendments?

Back 47

-4th Amendment
Search and Seizure
-5th Amendment
Double jeopardy, self-incrimination
-6th Amendment
Speedy, public, fair trial
-8th Amendment
Excessive bail, fine, cruel and unusual punishment

Front 48

What was strengthened through the due process clause of the Fourteenth Amendment?

Back 48

The Bill of Rights

Front 49

What is being described:
Legal defenses, Alibi defenses, Mistake of fact, Necessity, Justifications, Procedural defenses, Defense of excuse, Insanity or mental illness, Juvenile delinquency

Back 49

Criminal defenses

Front 50

What are the rules that create legal obligations?
-Civil law
Tort, contract, domestic relations
-Criminal law
Robbery, burglary

Back 50

Substantive law

Front 51

What establishes the methods of enforcing these obligations; trials are one example?

Back 51

Procedural law

Front 52

T or F: Burden of proof is on the prosecutor for the state to prove guilt beyond a reasonable doubt.

Back 52

True

Front 53

Burden of proof is on the prosecutor for the state to prove guilt beyond a reasonable doubt. What safeguards the burden of proof?

Back 53

-Cross-examination—6th amendment
-Diffusion of power
-Presumptions and inferences—sanity & innocence are two presumptions
-Burdens of production- evidence must be produced;
-Burden of persuasion or proof- evidence must prove facts to a certain level

Front 54

What describes one national court plus separate courts in each of the 50 states and DC = 51 court systems?

Back 54

Dual court system

Front 55

What are the different types of jurisdictions?

Back 55

-Geographical—venue: particular area in which a case may be heard
-Subject matter jurisdiction: limited, special jurisdiction
-Personal jurisdiction: power over a specific defendant
-Hierarchical: differences in court function/ responsibility
-Original
-Appellate: review

Front 56

What established the federal district courts; addressed the fears of Anti-Federalists by supporting a state structure for the courts?

Back 56

The Judiciary Act of 1789

Front 57

Which Supreme Court case is being described:
Constitution granted courts the power of judicial review and the authority to invalidate acts of Congress as unconstitutional.

Back 57

Marbury v. Madison (1803)

Front 58

What created the appellate court structure?

Back 58

Court Appeals Act 1891

Front 59

T or F: Most prosecutions are made in immigration.

Back 59

True

Front 60

What is the current structure of the courts?

Back 60

Magistrate, District, Appellate, and Supreme Courts

Front 61

What are some important developments related to federal judiciary?

Back 61

-Foreign Intelligence Surveillance Act (1978)- review warrants related to national security investigations;
-Sentencing Commission (1984)- began developing sentencing guidelines;
-Antiterrorism and Effective Death Penalty Act (1996)- limited the filing of habeas corpus petitions in federal courts;
-USA Patriot Act (2001)-expanded the gathering of domestic antiterrorism intelligence.

Front 62

What are some examples of federal jurisdiction cases?

Back 62

-Suits between states, -Ambassadors and other high-ranking public figures, -Federal crimes ( see additional article), -Bankruptcy, -Patent, copyright, and trademark cases, -Admiralty, -Antitrust, -Securities and banking regulations, -Other cases specified by federal statute

Front 63

What was created in 1968, and alleviates increased workload of U.S. district courts, preliminary proceedings in felony cases, and preside/accept pleas in misdemeanor cases?

Back 63

U.S Magistrate judges (1968)

Front 64

-89 in 50 states
-Bankruptcy judges
-Diversity of citizenship cases-cases between citizens of different states or U.S. citizen and a foreign citizen or country

Back 64

U.S. District Court judges

Front 65

-Created in 1891
-179 judges nominated by the President and confirmed by the Senate;
-Uses rotating three-judge panels to decide cases
-Criminal and prisoner petitions account for nearly 55 percent of the appeals filed each year.

Back 65

U.S. Appeals Court

Front 66

-Created by Article III of the U.S. Constitution;
-Justices are appointed by the President of the United States;
-9 Justices with a chief justice;
-Service on the court is for numerous years

Back 66

U.S. Supreme Court

Front 67

-The rule of four determines if case will be reviewed;
-Can act as a trial court in cases involving controversies between the U.S. and states, between states, or between foreign ministers or ambassadors

Back 67

U.S. Supreme Court

Front 68

What's purpose is to promote efficiency and effectiveness in the military establishment and strengthen national security?

Back 68

Military justice

Front 69

How does military justice differ from other state/federal courts?

Back 69

-Proceedings open to military society
-Burden of proof is less demanding
-3-5 person juries of military personnel
-2/3 majority sufficient to convict
-Convictions are automatically appealed to higher military court

Front 70

Whose primary mission is to review applications for warrants related to national security investigations.
Part of the Foreign Intelligence Surveillance Act of 1978-allowed the obtaining of a judicial warrant similar to those required in criminal investigations.
Court was established in response to allegations of executive branch abuses of authority related to domestic electronic surveillance in the interest of national security?

Back 70

Foreign Intelligence Surveillance Court

Front 71

What must be drafted by attorneys at the National Security Agency at the request of any of the federal intelligence agencies; will be certified by the Attorney General’s office that the target is a “foreign power” or the agent of a foreign power or U.S. citizen or resident alien involved in the commission of a crime?

Back 71

Warrant applications under fisc

Front 72

Who is an individual who has engaged in hostilities or who has purposefully and materially supported hostilities against the United States or its co-belligerents who is not a lawful enemy combatant (does not qualify for prisoner-of-war status under Geneva Conventions)?

Back 72

Enemy combat

Front 73

What is the administration of the federal courts?

Back 73

Judicial Conference of the United States- administrative policymaking organization of the federal judicial system- looks at Federal rules of court procedure; serves as a governing board
U.S. Sentencing Commission – independent agency that looks at sentencing in federal courts.
Federal Judicial Center- is research and training arm of the federal judiciary; promotes education and training of federal judicial personnel.

Front 74

What cases are those in which inmates may collaterally challenge their convictions ( after exhausting all available state remedies to do so) by arguing that their trial was constitutionally defective?

Back 74

Habeus corpus

Front 75

What allows a federal prisoner to try to get a sentence set aside or corrected because the sentence was imposed contrary to law. Such motions might allege that the court lacked jurisdiction to impose a criminal sentence or that the sentence was in excess of that allowed under the law?

Back 75

Motions to vacate sentence

Front 76

What seeks a court order to compel a public entity or official to do something that is owed to the plaintiff as a matter of constitutional or statutory right?

Back 76

Mandamus petitions

Front 77

Against state actors, allows individual persons to sue those who act under color of state law to redress alleged deprivations of constitutional rights. (i.e. use of excessive force, illegal searches and seizures, interference with Fifth and/ or Sixth Amendment rights, denial of First Amendment rights, and violations of the Eighth Amendment?

Back 77

Section 1983 (Bivens Civil Rights actions- federal actors)

Front 78

What is the outcome of a courts decision effected by?

Back 78

-Inconsistencies (lack of agreement on what behavior should be criminalized and appropriate punishments)
-Plea Bargaining (negotiations with defendant/defense attorney)
-Sentencing (discretion given to impose a sentence)

Front 79

What are the four layers of typical state courts?

Back 79

-Trial courts of limited jurisdiction (known as lower courts)
-Intermediate appellate courts
-Courts of last resort
-Trial courts of general jurisdiction

Front 80

First Level – Lower Courts
Inferior courts- non-felony criminal cases and small claims of a civil nature (13,500 trial courts of limited jurisdiction, 18,500 judicial officers , Make up 85% of all courts in US, Also called district, justice, justice of the peace, city, magistrate’s, municipal courts, 70 million matters a year; mostly traffic cases (43 million))?

Back 80

Courts of limited jurisdiction

Front 81

Typically authorize search warrants
Handle early stages of felony cases
Adjudicate non-felony types of cases: Misdemeanors-(Fine and/or less than 1 year in jail)
Ordinance violations- laws passed by a local governing body: (Fines, and Non-criminal cases)

Back 81

Lower Courts

Front 82

What are some problems with lower courts?

Back 82

-Inadequate financing
-Inadequate facilities
-Lax court proceedings
-Unbalanced caseloads
-Lack of accountability

Front 83

What are some forms of community justice?

Back 83

-Alternative Dispute Resolution- civil disputes are often the target of this approach.
-Community Courts- goal is to remove the cases from the court system; addresses quality of life in an area; offenses such as prostitution, vandalism, etc.; very low level public nuisance offenses.
-Offenders may be asked to make restitution through community work.

Front 84

-These courts are defined by state statue or a penal code;
-In Texas, called district courts;
-90% of cases are nonviolent crimes, such as theft, etc.
-Can handle both civil and criminal issues;
-Judges are elected or appointed;
-Most cases do not go to trial

Back 84

Courts of General Jurisdiction

Front 85

-Created by 39 states to address the number of cases that seek appeal;
-Usually can hear both civil and criminal cases;
-Use rotating three-judge panels to decide cases;
-Judges are elected or appointed;
-Represent the final stage for most litigants

Back 85

Intermediate Courts of Appeal

Front 86

-Can choose the cases to hear and therefore they become policy-making bodies;
The term, Supreme Court is often used;
-In death penalty states, death penalty cases are usually heard by this body (automatic appeal);
-Serve as review board for interpretation of state law;
-Texas has two courts of last resorts, one for civil and one for criminal issues

Back 86

State High Court of Last Resort

Front 87

What describes the shifts of judicial administration from local control to centralized management?

Back 87

Unified court system

Front 88

What are the key components of court unification?

Back 88

-Simplified court structure- clear up overlapping jurisdiction; a similar court system would be in place throughout the state;
-Centralized Administration- policy decisions would come from a central office;
-Centralized Rule making- court rules could be established for all to follow;
-Centralized Judicial budgeting-a single budget would be created for the courts;
-Statewide financing-states may be able to more adequately fund than local government

Front 89

Which state agency's (in the judicial branch) mission is to provide resources and information for the efficient administration of the judicial branch of Texas?

Back 89

Office of Court Administration

Front 90

Which court provides therapeutic jurisprudence: (Immediate Intervention; Non-adversarial adjudication;
Hands-on judicial involvement; Treatment programs with clear and structured goals; Team approach, utilizing community agencies/programs)?

Back 90

Problem-Solving Courts

Front 91

Which problem-solving courts main purpose is to use the authority of the court to reduce crime by changing defendants' drug-abusing behavior through connecting the defendant to appropriate treatment programs?

Back 91

Drug Courts

Front 92

What are some other problem-solving courts?

Back 92

-Mental Health Courts
-Domestic Violence Courts- *
-Veteran Courts
-DWI Courts
-Family Courts
-Re-Entry Courts

Front 93

Which Supreme Court case is being described:
A majority of the U. S. Supreme Court rejected this argument, holding that the sentence was not disproportionate and hence not a violation of the Eighth Amendment prohibition against cruel and unusual punishment.

Back 93

Ewing v. California (Three Strikes Laws)

Front 94

Strengths:
-Processes cases quickly
-Actors specialize in specific tasks, speeding things up
Weaknesses:
-Routine Administration-processing of undisputed matters
-Fails to consider types of diverse cases that trial courts must decide

Back 94

Assembly-line justice

Front 95

What is used every time a decision is made, from offense to sentencing (i.e. legal judgments, policy priorities, and personal philosophies)?

Back 95

Discretion

Front 96

What are dispositions of courtroom work groups required have?

Back 96

-Mutual Interdependence
-Shared Decision Making
-Socialization
-Normal Crimes
-Rewards and Sanctions
-Variability in Courtroom Work Groups

Front 97

What are some problems of delay?

Back 97

-Delay undermines the value and guarantees associated with the legal system;
-Delay jeopardizes the defendant’s right to a speedy trial;
-Delay erodes public confidence in the judicial process;
-Delay in deposing of cases wastes the resources of the CJ system and may increase costs in jail days served

Front 98

Which Supreme Court case is being described:
In essence, the right to a speedy trial is relative, not absolute. The test would be a balancing test, in which the conduct of both the prosecution and the defendant are weighted. Calling the delay “extraordinary,” the Court nonetheless ruled that the case was not seriously prejudiced by the more than 5-year delay.

Back 98

Barker v Wingo (1972)

Front 99

What is defined as state or federal statutes that specify time limits for bringing a case to trial after arrest, these laws exist in all 50 states, and a motion for discharge of the charges can be filed due unreasonable delays?

Back 99

Speedy-trial Laws

Front 100

What addressed the time standards for two stages in the federal court process (30 days from arrest to point of indictment; 70 days from point of indictment to trial)?

Back 100

Speedy Trial Act of 1974

Front 101

What does Texas state about speedy-trial laws?

Back 101

-Felony cases must be brought to trial within 120 days;
-Misdemeanors punishable by more than 180 days must be ready for trial in 90 days;
-Misdemeanors punishable by less than 180 days, prosecutor has a 60 day period to bring action

Front 102

What refere to the study and analysis of what constitutes good or bad conduct?

Back 102

Ethics

Front 103

What are ethics in the courtroom work group?

Back 103

-There are codes of legal ethics and professional conduct for numerous participants of the courtroom work group
-Attorneys and Judges have the ABA Model Rules of Professional Conduct
-However, the primary responsibility for enforcement of professional standards for attorneys, prosecutors, and judges rests with the highest court in each State

Front 104

What is the discretion of the prosecutor?

Back 104

-Only official who works with all actors of the criminal justice system
-Part of the executive branch of government (can challenge the judicial branch)
-Officer of the court (duty to see that justice is done)
-Immune from civil lawsuits when acting as courtroom advocates
-Have total discretion (within the framework of probable cause)

Front 105

What are legal factors considered by prosecutors?

Back 105

-Seriousness of the offense;
-Strength of the evidence;
-Culpability of the defendant;
-Degree of harm;
-Degree to which the accused cooperates in prosecuting others;
-Likelihood of prosecution by another jurisdiction

Front 106

What are some extralegal factors?

Back 106

-Race
-Victim-offender dyads
-Gender
-Victim
-Other factors

Front 107

-Represents the U.S. government before the U.S. Supreme Court in all appeals of federal criminal cases
-Often appears as amicus in appeals involving state criminal convictions

Back 107

Solicitor General

Front 108

-Prosecutes a few national significant criminal cases
-Exercises nominal supervision over U.S. attorneys

Back 108

Criminal Division

Front 109

-Prosecute the vast majority of criminal cases in federal courts
-Enjoy great autonomy in actions

Back 109

U.S. Attorneys and Their Assistants

Front 110

-Chief legal officer of the state
-Civil duties more extensive than criminal duties
-Has limited authority in criminal prosecutions

Back 110

Attorney General

Front 111

-Have great autonomy in prosecuting felony cases
-Typically argue cases on appeal

Back 111

Chief Prosecutors and Their Assistants

Front 112

-Often handle preliminary stages of felony cases
-Prosecute the large volume of cases in the lower courts

Back 112

Local Prosecutors

Front 113

What are three statutory responsibilities of U.S. Attorneys?

Back 113

-Prosecution of criminal cases brought by the federal government;
-Initiation and defense of civil cases in which the United States is a party;
-Collection of certain debts owed the federal government

Front 114

What is within the realm of core prosecutorial functions considered?

Back 114

Absolute immunity

Front 115

What it when not acting as advocate for government or acts not associated with courtroom advocacy, such as advising law enforcement; prosecutors must act in “good faith”?

Back 115

Qualified immunity

Front 116

What are specific ethical duties of prosecutors?

Back 116

-Disclose exculpatory evidence (evidence that tends to show the innocence of the defendant);
-Avoid conflicts of interest;
-Refrain from behavior that would interfere with the fair administration of justice;
-Large prosecutor offices use special review processes or committees to address high profile cases or death penalty cases