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