Term
| In criminal trials, what is the role of the judge and what is the role of the jury? |
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Definition
| The role of the judge is to ensure that proper procedures are followed and the defendant’s rights are protected and where the jury is responsible for deciding whether the evidence proves the defendant’s guilt |
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Term
| If the defendant waives his or her right to a jury trial and is tried by a judge at a _______ trial, the judge plays his own role and that of the ______ |
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Definition
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Term
| The typical criminal case involves both... |
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Definition
| Fact finding and application of law |
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Term
| Are judges constitutionally required to be impartial and fair? |
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Definition
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Term
| The criteria for disqualification require that judges be disqualified only if they have what? |
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Definition
| A substantial interest in the outcome of the case |
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Term
| How are a couple of ways a judge can be removed from a trial? |
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Definition
| He can recuse himself (which he is required to do if he has a substantial personal interest in a case) or a lawyer can use a peremptory challenge |
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Term
| Does every jurisdiction have a statutory right to appeal to a higher court? |
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Definition
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Term
| What is the only formal mechanism for removing federal judgment? |
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Definition
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Term
| How are federal judges selected? |
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Definition
| Presidential appointment,with the advice and consent of the Senate |
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Term
| Proponents of electing judges argue that popular elections are a means of... |
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Definition
| Ensuring that judges remain accountable to the people |
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Term
| What are the three types of ways a person can become a judge on the state level? |
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Definition
| They can be elected, appointed, or chosen using some type of merit system |
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Term
| Advocates of appointing judges, or using the merit system, assert that appointment maximizes... |
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Definition
| Judicial independence by removing politics from the process |
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Term
| The merit system of selecting judges combines appointment and election in what three steps? |
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Definition
-A judicial nominating commission screens potential candidates and nominates several individuals
-The governor appoints one of the individuals nominated by the commission to the bench
-After the initial term and at designated times thereafter, the appointee runs in a retention election in which voters are asked whether the judge should be retained or not |
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Term
| Describe the typical judge |
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Definition
| White, male, and middle aged |
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Term
| Those who champion diversity in the courtroom argue that... |
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Definition
| Black judges and women judges bring to the bench beliefs, attitudes, and experiences that differ from those of White men |
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Term
| Were all judges lawyers at some point? |
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Definition
| No, although the practice of using non=lawyer judges is dying out |
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Term
| What are the two things juries serve as? |
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Definition
-An “inestimable safeguard against the corrupt or overzealous prosecutor and against the compliant, biased, or eccentric judge"
-The criminal defendant’s fundamental "protection of life and liberty against race or color prejudice" |
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Term
| What are two ways to deal with jury dishonesty during voir dire? |
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Definition
-Advise jurors that lies are subject to perjury charges
-Pretrial anonymous questionnaires |
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Term
| What is an argument for and against jury consultants? |
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Definition
For: They take some of the guesswork out of selecting a jury
Against: Because they are expensive, only wealthy defendants and those whose cases attract national attention can afford them |
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Term
| The deliberation process produces a reversal of the verdict preference initially favored by the majority in how many trials? |
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Definition
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Term
| What is jury nullification? |
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Definition
| When the jury votes to acquit despite overwhelming evidence that the defendant is guilty; the jury ignores, or nullifies, the law |
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Term
| What is jury vilification? |
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Definition
| When juries return verdicts that reflect prejudiced or bigoted community standards and convict when the evidence does not warrant a conviction |
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Term
| What are three ways indigent defenders are selected? |
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Definition
-Public Defender
-Assigned Counsel
-Contract Attorneys |
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Term
| What are the main points discovered by the article "Indigent Defenders Get the Job Done and Done Well?" |
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Definition
-Indigent defenders process cases in less time than private ones
-Indigent defenders perform as well as private ones in lowering conviction rates
-Indigent defenders perform about as well as privately retained counsel in obtaining charge reductions
-Privately retained counsel are only slightly more successful in keeping their clients out of jail or prison |
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Term
| According to the reading, "Judges and the Politics of Death," a judge who is facing reelection is more or less likely to sentence a defendant to death? |
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Definition
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Term
| According to the reading, "Judges and the Politics of Death," what are a few remedies for a judge's bias before reelection? |
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Definition
-Using diffuse and indirect citizen input in appointment and evaluation systems
-Judicial disqualification when rulings could imperil election
-Altering judicial assignment systems
-Limiting the deference reviewing courts give to judges influenced by political pressures
-Appointment of counsel independent of judges |
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Term
| In the reading "Racially Based Jury Nullification," the author argues that black communities are better off with non-violent black offenders staying out of prison. How can jury help make this happen? Using what criteria? |
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Definition
-By nullifying cases
-Violent malum in se: consider case strictly on evidence
-Non-violent malum in se: nullification should be an option
-Non-violent malum prohibitum: favor nullification |
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Term
| What legal actor makes the decision to charge? |
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Definition
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Term
| What are the four prosecutor department policies? |
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Definition
-Trial sufficiency
-Legal sufficiency
-System efficiency
-Defendant rehabilitation |
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Term
| When a prosecutor assesses the chances of a conviction, what factors does he or she consider? |
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Definition
-Seriousness of offense
-Strength of evidence
-Culpability
-Behavior and motivation of suspect and victim
-Victim characteristics/credibility
-Other extralegal factors |
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Term
| Under what circumstances can a court overrule decisions to charge? |
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Definition
If it is based on “unjustifiable standard” (e.g., gender, race, religion, etc.)
Also cannot charge if charging for revenge |
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Term
| What is a bill of information? |
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Definition
A document prepared and signed by the prosecutor that informs defendant of facts and elements of offense charged.
It is a substitute for a grand jury indictment. |
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Term
| What amendment requires federal cases to have an indictment handed down by a grand jury? |
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Definition
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Term
| What amendment guarantees that bail cannot be excessive? |
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Definition
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Term
| What happens at arraignment? |
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Definition
-The defendant is formally notified of charges
-The defendant is asked to enter a plea
-Can plead guilty, not guilty, no contest, standing mute, or Alford plea |
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Term
| Does a defendant have a constitutional right to any evidence that shows the defendant is innocent? |
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Definition
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Term
| Name a few pretrial motions |
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Definition
-Motion for dismissal of charges
-Motion for change of venue
-Motion for discovery
-Motion to suppress evidence
-Motion for severance of defendants |
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Term
| How many cases are plead out? |
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Definition
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Term
| What is the term for summoning jurors? |
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Definition
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Term
| What are some rights guaranteed by the first amendment? |
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Definition
Freedom of expression
Freedom of press
Freedom of religion
Freedom to peaceably assemble |
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Term
| What are the rights guaranteed by the second amendment? |
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Definition
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Term
| What are the rights guaranteed by the third amendment? |
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Definition
| Soldiers will not be quartered in private homes |
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Term
| What are some rights guaranteed by the fourth amendment? |
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Definition
-No unreasonable searches and seizures
-Warrants require probable cause |
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Term
| What are some of the rights guaranteed by the fifth amendment? |
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Definition
-A person does not have to testify against themselves
-No double jeopardy
-Due process
-Private property guarantee |
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Term
| What are some rights guaranteed by the sixth amendment? |
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Definition
-Speedy and impartial trial
-Right to confront accuser
-Right to counsel |
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Term
| What are the rights guaranteed by the seventh amendment? |
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Definition
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Term
| What are some rights guaranteed by the eighth amendment? |
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Definition
-No excessive bail
-No cruel or unusual punishment |
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Term
| What were the main conclusions of "The relationship between type of attorney and bail amount set for hispanic defendants?" |
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Definition
-There was a difference in bail amounts for Hispanic defendants based on public versus private attorneys
-Older defendants, those living outside the jurisdiction, and those with more serious offenses had higher bail |
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Term
| What were the main conclusions from the reading, "The impact of race, gender, and age on the pretrial decision?" |
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Definition
-Females and young defendants seen as less blameworthy and dangerous
-Black defendants less likely to be released
-Judges find men who commit serious offenses more dangerous to society than women who commit serious offenses
-Legal factors play less of a role in shaping decisions early in court process |
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Term
| In the reading "Criminal prosecution of domestic violence offenses," what were the main findings? |
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Definition
-Females were less likely to be prosecuted than males
-Those with prior arrests more likely to be prosecuted
-Those using drugs or weapons more likely to be prosecuted |
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Term
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Definition
| The process of explaining what happened to the judge after a guilty plea is entered |
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Term
| What is ad hoc plea bargaining? |
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Definition
| The unusual concessions that defendants agree to make during the plea negotiation |
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Term
| What are the 5 forms of ad hoc plea bargaining? |
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Definition
1. The court may impose an extraordinary condition of probation following a guilty plea
2. The defendant may offer or be required to perform some act as a quid pro quo for a dismissal or more lenient sentence
3. The court may impose an unauthorized form of punishment as a substitute for a statutorily established method of punishment
4. The State may offer some unauthorized benefit in return for a plea of guilty
5. The defendant may be permitted to plead guilty to an unauthorized offense, such as a “hypothetical” or nonexistent charge, a non-applicable lesser included offense, or a nonrelated charge |
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Term
| What are some arguments in support of plea bargaining? |
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Definition
-It enables courts to dispose of large numbers of criminal cases quickly
-There are economic benefits
-It benefits prosecutors who are concerned about securing convictions and avoiding acquittals at trial
-It benefits defense attorneys and public defenders who have high caseloads and limited resources
-It benefits defendants who receive more lenient sentences by pleading guilty to less serious charges or to fewer courts
-Victims may benefit from plea bargaining |
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Term
| What are some arguments against plea bargaining? |
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Definition
-Plea bargaining allows prosecutors and defense attorneys to effectively decide matters of guilt
-In an effort to secure a guilty plea, the prosecutor may overcharge- start with the most serious charge and work down from there
-Defense attorneys attempt to draw out negotiations in an attempt to get prosecutors to offer better deals
-Plea bargaining is unnecessary to induce guilty pleas
-Plea bargaining may result in convictions and sentences that do not accurately reflect the seriousness of the crime committed by the defendant
-Innocent individuals may be coerced to plead guilty |
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Term
| What is local legal culture? |
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Definition
| The values and perceptions of the principal members of the court community and how they ought to behave and their beliefs about how they actually do behave in performing their duties |
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Term
| What are the five elements of local legal culture? |
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Definition
-The degree to which the members of the courtroom workgroup thought of themselves as a community
-Shared beliefs regarding interpersonal relations and how members of the community were expected to treat one another
-Shared attitudes about case-processing routines, plea bargains, and going rates
-A shared special language and commonly understood nonverbal communication
-A sense of tradition |
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Term
| What are some things a judge can do to control a media circus in the courtroom? |
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Definition
-Grant a continuance until pretrial publicity dies down
-Grant a motion for change of venue
-Conduct the voir dire with special attention to potential jurors’ familiarity with the case
-Sequester jurors for the duration of the trial
-Issue gag orders |
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Term
| What were the main points of the reading "The Entertainment Value of a Trial?" |
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Definition
-Those harmed most by cameras in the courtroom are the parties to litigation themselves
-Cameras present too great a risk of prejudice to the defendant and should therefore be banned from all courtrooms at all times |
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Term
| What are the steps in the CJS before an actual trial? |
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Definition
-Arrest
-Booking
-Information (informs defendant of charges)
-Indictment
-Initial Appearance
-Bail proceedings
-Arraignment (where the defendant enters a plea) |
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Term
| What is hydraulic displacement of discretion? |
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Definition
| The term used to describe the shifting discretion from one part of the CJS to another. Constraining judges' discreation at sentencing, for example, results in an increase of discretion in charging and plea bargaining decisions made by the prosecutor |
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Term
| What is meant by sentence agreement? |
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Definition
| Agreement for sentencing leniency negotiated during the plea bargaining process. |
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Term
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Definition
| A type of plea bargaining in which the prosecutor recommends that the sentence not exceed a specific number of years |
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Term
| What is a slow plead of guilty? |
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Definition
| A hybrid approach to case adjudication with elements of both plea bargaining and trial |
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