Dsst Criminal Justice

Front 1

What is jurisdiction?

Back 1

the locations, types, and subject matter over which a specific court has the power to preside

Front 2

What is Federal court jurisdiction?

Back 2

- federal laws
- disagreements between states
- cases where one party IS a state

Front 3

What are the 3 tiers of the Federal Court system?

Back 3

1. U.S. District Courts
2. U.S. Courts of Appeals
3. U.S. Supreme Court

Front 4

How many federal district courts are there and what is there jurisdiction?

Back 4

94
They have original jurisdiction - the authority to be the first court to hear the matter

Front 5

Who appoints and confirms district court judges and how long do they serve?

Back 5

Appointed by the President and confirmed by the Senate.
They serve lifelong terms.

Front 6

Who appoints U.S. magistrate judges and how long do they serve?

Back 6

Appointed by district court judges.
Serve a term of 8 years.

Front 7

What are potential duties of a U.S. magistrate?

Back 7

Holding arraignments, setting bail, or issuing warrants

Front 8

What is the chief judge?

Back 8

The one who has served the longest, performs admin duties along with hearing cases, and term lasts seven years.

Front 9

What is a circuit and how many are there?

Back 9

A group of federal judicial districts, each one having a court of appeals with 6 or more judges.
There are 13 circuits.

Front 10

Who appoints the judges of the court of appeals and how long do they serve?

Back 10

Appointed by the President.
They serve lifelong terms.

Front 11

What is an appeal?

Back 11

the request made to a higher court to review the findings of judgement from a lower court.

Front 12

What is mandatory jurisdiction?

Back 12

Held by federal appellate courts, means they MUST hear the cases brought to them.

Front 13

What dictates the procedural rules for the federal appellate courts?

Back 13

The Federal Rules of Appellate Procedure. But each court may also operate under "Local Rules" that refer to slight differences between courts such as the value of oral arguments vs. written dispositions.

Front 14

What is judicial review?

Back 14

Greatest power of the Supreme Court. They can evaluate and review any decisions and actions by any Court or governmental agency in the country.

Front 15

What was the significance of
Marbury v. Madison (1803)?

Back 15

Supreme Court Chief Justice John Marshal cemented the authority of the Supreme Court has final interpreter of the Constitution.

Front 16

What cases does the Supreme Court hear and how do they decide which ones?

Back 16

Cases that are high level appeals from both State Supreme Courts and the Federal Court of Appeals.
Four of the the justices must agree that the case needs to be heard.

Front 17

What is appellate jurisdiction?

Back 17

The option NOT to hear a case that comes its way.
This is also one significant difference between the Supreme Court and lower federal courts in the United States.

Front 18

What is a writ of certiorari?

Back 18

Issued by the Supreme Court to a lower court, compelling them to forward all documentation and records for review. Can be dismissed later.

Front 19

What is the term of the Supreme Court?

Back 19

Nearly ten months, from first Monday in October until early in July.
Split up by sittings for case hearings and writing and issuing of opinions.

Front 20

What is the arraignment?

Back 20

First appearance before judge, charges read and plea may be entered, defendent informed of right to counsel and need for court-appointed attorney determined. Bail may be set. No evidence submitted.

Front 21

Right to trial by jury

Back 21

Guaranteed by 6th Amendment.
All felony and some misdemeanor cases.

Front 22

What is a bench trial?

Back 22

One where the judge determines guilt or innocence. Defendent can choose this instead of jury trial.

Front 23

What is a nolo contendere plea?

Back 23

No contest - not admitting guilt but will not fight the charges. Allowed by most states. Defendent faces same sentencing range as guilty plea.

Front 24

What is a preliminary hearing?

Back 24

Similar to a trial but does not establish guilt or innocence. Requires the prosecution to show the judge that probable cause exists to send the case to trial. Both prosecution and defense can present evidence.

Front 25

What are the four goals of sentencing?

Back 25

1. deterrence
2. rehabilitation
3. retribution
4. incapacitation

Front 26

What were the two main models of early prison organization?

Back 26

The Auburn system
The Pennsylvania system

Front 27

What was the Auburn system?

Back 27

Developed in Auburn, NY state prison (1817). Inmates worked long days in silence, returned to single cells at night. Philosophy was hard work + harsh conditions = deterrence and punishment. Also avenue for prison to pay for itself with contracted labor.

Front 28

What was the Pennsylvania system?

Back 28

Easter State Pen, in Cherry Hill, PA. Inmates confined to cells for 24 hours p/day with only a bible to read. Philosophy was reflective time would allow offenders to come to change.

Front 29

Critics of the Auburn system won out when the ______________ and the __________________
severely restricted prison labor.

Back 29

Hawes-Cooper Act (1929)
Amhurst Sumners Act (1935)

Front 30

What were industrial prisons?

Back 30

The types whose intent was to capitalize on the free labor of inmates,

Front 31

What is the state use system?

Back 31

Sprouted from Hawes-Cooper Act and Amhurst Summers Act.
Only allows sale of products produced in prison to go to states offices, includes furniture, cleaning supplies, and license plates.

Front 32

What was the Punitive Era in prisons?

Back 32

Followed industrial age
1930's and early 1940's
high value on retribution and lack of educational and work programs.
Inmates out of sight and out of mind.

Front 33

What was the medical model of corrections?

Back 33

1940's through the 1960's, held that inmates were "ill" and in need of treatment. Led to increase in individual and group therapy and other psychological treatments.

Front 34

What era followed the medical model of corrections and why?

Back 34

Community-based corrections, because medical model encouraged belief that offenders could overcome past and re-join community.

Front 35

What is one reason for the increase in prison overcrowding since the 1980's?

Back 35

Increased penalties for drug crimes created in the 1990's.

Front 36

What is the warehousing strategy?

Back 36

Attempt to discourage future recidivism by giving up on rehabilitation and just focus on incapacitation.

Front 37

What is recidivism?

Back 37

Repetitious criminal behavior, or reoffending criminals.

Front 38

Name 6 Pros of the parole system

Back 38

1. restitution possible
2. lesser $ cost
3. community & family support avail
4. community resources avail.
5. lower rate of institutionalization
6. better chance of true rehabilitation

Front 39

Name 2 Cons of the parole system

Back 39

1. lack of punishment
2. increased risk to community

Front 40

Griffin v. Wisconsin

Back 40

ruled that probation and parole officers can search their offenders’ residences without warrants or probable cause

Front 41

Mempa v. Rhay

Back 41

ruled that both notice and hearing required when revoking probation, overturning Escoe v. Zerbst. (revocation hearing)

Front 42

Morrisey v. Brewer

Back 42

Safeguards in revocation hearings: a) notice of a hearing specifying violations, b) evidence of violation to be exposed, c) hearing authority neutral and detached, d) offender has chance to defend himself and e) cross-examine witnesses, f) a statement provided to offender sum. findings of hearing

Front 43

Gagnon v. Scarpelli

Back 43

followed Morrisey’s, extended many of those rights to probationers and adding that probationers facing revocation were entitled to an attorney and were also entitled to a preliminary hearing and a revocation hearing

Front 44

Greenholtz v. Nebraska

Back 44

determined it was not necessary for a parole board to divulge reasons for a denial of parole. Not concerning revocation, but original granting of parole. It was decided that, although divulging this information could better prepare the offender for any future parole hearings, it was not necessary

Front 45

Bearden v. Georgia

Back 45

ruled that probation could not be revoked solely for failure to pay restitution and/or supervision fees if the failure was not intentional.

Front 46

What are 3 intermediate sanctions?

Back 46

1. split sentence
2. shock probation/shock parole
3. shock incarceration

Front 47

split sentence

Back 47

-period of incarceration followed by period of probation
-quite common and used for minor drug offenses
-early offender warning

Front 48

shock probation/shock parole

Back 48

- period of supervision after incarceration
- offender must apply for community supervision
- offender not aware in advance of early release option

Front 49

shock incarceration

Back 49

- used on young first time offenders, scare them straight
- include boot camps
- short, intense amount of time

Front 50

What is a mixed sentence?

Back 50

Some amount of incarceration sprinkled into probation time, Ex.:weekends in jail, weekdays at home and working

Front 51

According to the Bureau of Justice Statistics, in 2006 there were ____ sentenced inmates for every 100,000 American citizens. This equates to about 1 per ____.

Back 51

501

200

Front 52

One aspect that has changed over the past ten years is the offenses that are getting people prison time. In the 1980s and 1990s __________ accounted for much of the prison populations.

Back 52

drug convictions

Front 53

What is causing a decline in prison population since the 1990s?

Back 53

Increased focus on selective incapacitation.

Front 54

What is selective incapacitation?

Back 54

- only sentencing the most dangerous offenders to prison
- reduces overcrowding and costs
- used in conjunction with community intermediate sentencing

Front 55

What percent of prison offenders serve time for violent crimes?

Back 55

50%

Front 56

What percent of prison offenders serve time for drug crimes or property crimes?

Back 56

20%

Front 57

In 2006 the amount of women in prison grew _____while the population of male inmates grew ______.

Back 57

4.5%

only 2.7%

Front 58

What crime do most capital offenses involve?

Back 58

Murder of another person

Front 59

What are capital offenses?

Back 59

Crimes that carry a potential death sentence.

Front 60

According to the Bureau of Justice Statistics, in 2007, ____ people
were executed in the United States. Twenty-six of these executions occurred in _______.

Back 60

42

Texas

Front 61

Which state was the last to use the electric chair as the sole method of execution?

Back 61

Nebraska

Front 62

How many of the executions in 2007 were carried out by lethal injection?

Back 62

41 of 42

Front 63

Washington State v. Harper

Back 63

Ruled that mentally ill inmates could be required to take drugs to assist in their control. If not taken willingly, then the drugs could be forcefully administered with a court order.

Front 64

The three major divisions of the criminal justice system are
A. police, defense, and prosecution
B. courts, prosecution, and police
C. prosecution, defense, and courts
D. police, courts, and corrections

Back 64

D. police, courts, and corrections

Front 65

Which of the following crimes against a person does society consider to be the most serious?
A. Manslaughter
B. Assault
C. Murder
D. Rape

Back 65

C. Murder

Front 66

The juvenile court in the United States is based on the doctrine of
A. habeas corpus
B. parens patriae
C. nolo contendere
D. modus operandi

Back 66

B. parens patriae

Front 67

In the United States, which of the following types of correctional institutions typically has the poorest physical facilities and services?
A. County jail
B. Halfway house
C. State prison
D. Federal prison

Back 67

A. County jail

Front 68

All of the following are characteristics of criminal acts EXCEPT
A. criminal intent
B. insanity
C. harm to a person
D. criminal capacity

Back 68

B. insanity