True or false- "common law" was a law developed by judges in a time before state legislatures developed criminal codes.
Common law is developed by _______.
True or False- The legal term stare decisis means that courts follow the legal ruling precedent set by earlier court rulings.
The American court system is called a(n) _______ system.
Our Miranda Right is a legal right that is based on the _____ Amendment to the Bill of Rights
The ____ Amendment guarantees an individual the right to a public trial by a jury of peers
Excessive bail amounts are prohibited under the ___ Amendment.
True or False- In the US, a person may be charged in civil court or criminal court for a particular active but cannot be tried in both for the same action
If a person sued another person in court for injuries sustained in an automobile accident, this legal action would fall under ____ law.
Any crime that can result in a penalty of more than one year in prison is called a _____.
A crime that has possible penalty of less than one year in jail is termed a _______.
As a defense to prosecution in a criminal court, in the defendant claims he could not have committed the crim because he was in another city at the time of the crime, he is using the _____ defense
The term "mens rea" is an essential element of a crime and literally means _______.
The guilty mind
The courtroom workgroup consists of:
the prosecutor, the defense attorney, and the judge
The power of a court to resolve a dispute is _______.
The philosophy of judges limiting decisions to the facts of the case, deciding only the issue(s) that need to be resolved in a particular situation.
True or False- The US Senate ultimately decides who becomes a federal judge, even though the President nominates potential judges to serve on the federal bench.
True or False- The public is essentially powerless when it comes to exerting any control over the courts.
The lawful authority of a court to review a decision made by a lower court; the lawful authority of a court to hear an appeal from a judgment of a lower court.
A court brief, often filed on behalf of various interest groups as a means to get involved in cases and thereby influence court deceisions and policy.
The ______ Amendment requires that trials be open to the public.
True or False- Interest groups have little influence throughout government and this is especially true with reference to the courts.
The philosophy of judicial activism tends to be associated with __________ judges.
The philosophy of judicial restraint is most commonly associated with _________ judges.
conservative, Republican appointed
The US Supreme Court generally decides and issues written opinions on _____ cases each term (year).
The ________ are the federal trial courts and they are the "entry point" into the federal judicial system.
True or False- A defendant who disagrees with a judge's decision to admit questionable evidence may appeal if convicted.
True or False- The federal appellate courts do not engage in fact finding. That is, examining all the evidence and questioning the witnesses.
True or False-Cases appealed to the US Court of Appeals are routinely reviewed by three-judge panels and not just a single judge.
At least _____ US Supreme Court justices must agree to hear a case for that case to be considered by the Supreme Court.
True or False- The Supreme Court serves a review function and, on occasion, does adjudicate offenses (conduct a trial).
True or False- Most criminal cases that are reviewed by federal courts originate in federal courts, not the criminal courts of the various states.
True or False-The US Supreme Court issues its rulings and they become the constitutional interpretation that all other courts in the US must follow.
There are 94 federal district courts in the United States. There is/are _____ federal judges in those 94 district courts.
over 650 judges
There are _____ federal circuit courts in the US federal appellate system.
True or False-The US Supreme Court is recognized as the "workhorse" in the federal system as it has by far the heaviest caseload.
Justice of the Peace courts have jurisdiction over ______ matters
Any appeal in a criminal case that is not satisfactorily resolved at the ______ appellate court level may be brought before the state supreme court.
Appeals from limited jurisdiction courts usually go before the general jurisdiction courts as a new trial, known as a ________.
trial de novo
These laws mandate that prisoners serve 85% of their original sentence, and they have abolished parole boards which have traditionally assumed responsibility for deciding when prisoners are released.
truth in sentencing
State courts have both ______ and _______ jurisdiction.
The term used to describe the sharing of judicial power between the states and the federal government.
True or False-There are 50 separate stae court systems, plus one more for the District of Columbia.
True or False- In Texas, the constitution requires that each county in the state establish between one and eight justice of the peace precincts.
True or False-The number of cases in federal courts far exceeds the number of cases in state courts.
True or False- All states are required to have at least one intermediate appellate court.
The largest category of convictions for felonies is _____.
Limited jurisdiction courts constitute roughly _______ percent of all courts.
A(n) _______ is when a decision is made whether a case should enter the juvenile justice system.
The juvenile justice system has at its core a set of ______. This means that low-level offenses committed by the first time offenders are generally treated leniently with probation or some other form of community treatment.
Under the federal Juvenile Delinquency Act, a juvenile is a person who has not yet turned _____ years of age.
__________ juvenile courts are found in relatively few states. These courts have their own administration, staff, judges, and other personnel.
A _______ offense is conduct that is declared by statute to be an offense only if committed or engaged in by a juvenile.
True or False- Roper v. Simmons captures the essence of the concept of the U.S. Constitution as a "living" document and exemplifies the procedural checks and balances under which our federal system of government was designed to function.
True or False- The juvenile justice processs focuses on the immediate ends of punishment rather than long-term rehabilitation.
So-called ___________, or problem solving courts, include drug courts, domestic violence courts, and teen courts among others.
One concern with specialized courts is that they are ______; treatment, individualized sentencing, judicial monitoring and the like coddle offenders.
soft on crime
These courts differ most of all from traditional courts because instead of being used to process new offesnses, they are used to resolve outstanding misdemeanor criminal warrants.
in alternative, or problem solving courts, __________ stay involved in the cases from beginning to end.
Having a dedicated _________ court is advantageous because it requires that judges have specialized knowledge concerning these offenses, that coordination between the court and other stakeholder agencies occur, and that victim satisfaction is improved.
The failure of mandatory arrest and the uncertain effects of other methods of intervening in ________ situations have led to the creation of specialized courts to deal with these situations.
True or False- Many problem solving courts are moving away from monitoring and service provision to adjudication.
True or False- Perhaps the most significant predictor of future specialized court success is that they need to be viewed the same as traditional courts.
True or False- The impact of repeat offenders on court and jail resources is minimal.
True or False- Community courts frequently deal with minor offenders and employ alternative sentencing strategies that place many of those they handle into treatment and counseling programs, allowing them to avoid time in jail or prison.
True or False- Mental health courts are intended to bring mental health agencies together in pursuit of the common goal of providing services to mentally ill offenders.
True or False- There is an abundance of empirical support that all specialized courts to date have been highly successful.
_________is defined as the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety
The ______ Amendment guarantees criminal defendants the right to trial by an impartial judge.
The average age for district judges is _____ at the time of appointment
Public opinion has been shown to influence judges' decisions. one study found that Supreme Court decisions matched up well with public opinion polls ____ percent of the time.
A federal judge can be removed from the bench via _______.
legislative impeachment and conviction
The _________, an arm of the US Justice Department, performs a security and background check to guide appointment decisions for all nominees to federal positions--not just judgeships.
_____________ is concerned solely with identifying judges who are qualified, intelligent, and who will do the job well.
Judges are often described as ___________ as they are generally tasked with resolving any legal matter that comes before the court.
triers of law
True or False- The qualifications for judges who work in limited jurisdiction courts are more stringent than those for judges who work in either general jurisdiction courts, appellate courts, or state supreme courts.
True or False- If a judge disliked a particular statute, he or she would declare it unconstitutional. This can occur whether a case id brought to court by another party or initiated by the judge.
True or False- In some cases, judges can serve as triers of law and fact.
True or False- Courts are not supposed to be political.
___________ amounts to delaying charges against a suspect until he or she fulfills some obligation.
___________ attaches when 1) prosecutors act as administrators and investigators and 2) make reasonable mistakes.
The __________ theory of crime holds that serious crime will flourish if minor problems, including misdemeanors, are not taken seriously.
___________ has been defined as the decision of a proseccutor to submit a charging document to a court, or seek a grand jury indictment, or to decline to prosecute.
Some practices, such as _________, have been implemented in response to the problems that can result from prosecutorial discretion.
In some large prosecutors' offices, several attorneys can be involved in a single case. Critics have claimed that having multiple prosecotors involved in the adjudication process is inefficient. In response, many jurisdictions have implemented ________ programs.
Most criminal work is conducted at the ________ level because this is where common law felonies and misdemeanors are tried.
_______ refers to total immunity for a prosecutor from suit.
True or False- If a prosecutor continually rejects a particular type of case, it may send a messsage to police that enforcement of the underlying crime is not important.
True or False- Unlike other attorneys, prosecutors are not bound by the professional rules of conduct.
True or False- In most states, chief prosecutors are elected officials
True or False- Prosecutors base their charging decisions on legal (e.g. evidence) and extralegal factors(e.g. stereotypes).
The term sometimes used to describe the idea that the same attorney should continuously represent the client until the completion of the case is ______________.
Blumberg applied the definition of ___________ to defense attorneys when he argued that the formal and informal relationships between the various courtroom actors were often more important than the interests of the client.
double agent and beleagured dealer
One indigent defense system is ___________, non-salaried private attorneys , bar associations, law firms, consortiums or groups of attorneys, or non-profit corporations that contract with a funding source to provide court-appointed representation in a jurisdiction.
the contract model
True or False- Research indicates that privately retained attorneys are far more effective than public defenders, especially in criminal cases.
True or False- The Supreme Court's Gideon v. Wainwright decision requires that counsel be provided to all criminal defendants, even if they cannot afford an attorney and the government has to pay for their attorney.
True or False- A "good" defense attorney will provide defendants with a reality check, a knowledgeable, objective perspective on their situation and what is likely to happen should their case go to trial.
True or False- The attorney-client privilege protects communication and physical evidence.
True or False- Attorneys often take civil cases in exchange for a percentage of the award, if the plaintiff is successful. If the attorney does not win the case, he/she gets nothing.
True or False- Research has shown that the attorney-client relationship is not that important. The only important factor is the attorney's legal skills.
True or False- The public defender system is self sufficient and never needs to have contract or asssigned counsel to assist.
True or False- A public defender is chosen from a list of private bar members who accept cases on a judge-by-judge, court-by-court, or case-by-case basis.
While legal experts recommend a felony caseload of no more than ________ case per attorney per year, some attorneys represent upwards of 1,000 indigent defendants in any given year.
The defendant's right to __________ means the defendant enjoys the right that witnesses physically appear in the courtroom to give their testimony.
___________ is questioning of a witness conducted by a party other than the party who called the witness.
According to the Supreme Court, criminal defendants have a constitutional right to represent themselves at trial. This is known as a ________ defense.
___________ is testimony about what a declarant who is not in court has said.
True or False- The right to counsel can be waived.
True or False- Miranda only applies during police -citizen encounters that amount to custodial interrogation.
True or False- Due process is violated when a defendant cannot understand what is happening to him in a trial.
True or False- Police can assume that a suspect is aware of his or her constitutional rights.
True or False- Confrontation is concerned with the defendant's right to challenge witness testimony.
True or False- The burden of proving defendant incompetence to stand trial falls on the prosecution
True or False- Hearsay statements are always admissable in criminal courts.
The _______ Amendment provides that "no person shall be compelled in any criminal case to be a witness against himself."
About _______% of criminal convictions in the US result from guilty pleas rather than trials.
The most straightforward and common offer from a prosecutor in securing a guilty plea is ___________.
to reduce the charge against the defendant
For evidence to be considered ________, it must have a reasonable probability of affecting the outcome of the case.
True or False- The plea bargain process is mostly between the defense and prosecution, but must also have judicial review prior to an agreement being struck.
True or False- A plea of "nolo contendre" is effectively the same as pleading guilty. The only difference is that nolo contendre cannot be used against that party in a subsequent civil case.
True or False- The plea bargain becomes formalized once the prosecutor and defense attorney agree to the terms.
True or False- The American Bar Association standards regarding guilty pleas prohibit judicial participation where it is requested.
True or False- To be effective, counsel must investigate the case so as to make an informed decision with regard to what sentences and charges are offered by the prosecution.
True or False- Plea bargaining helps both the prosecution and public defender dispose of busy caseloads.
True or False- Plea bargaining helps both the prosecution and public defender dispose of busy caseloads.
True or False- During the plea bargaining process it is acceptable for the prosecutor to fabricate evidence in order to obtain a guilty plea.
True or False- Courts require that criminal defendants have a constitutional right to be present during plea bargaining.
True or False- Guilty pleas resulting from inducements from the prosecution, like confessions in police interrogation rooms, must be voluntary.
_________ call for removal of potential jurors without any type of argument or explanation why he/she is being dismissed.
The _____ Amendment states, in part, that the accused "shall enjoy the right to a speedy and public trial, by an impartial jury of the state."
The term "________" means "to see what is said"; at this stage the judge, prosecutor and defense have an opportunity to "hear" potential jurors for evidence of bias.
In ________ trials, the judge is both the trier of fact and trier of law.
The practice of either ignoring or misapply the law in certain situations, such as returning a not guilty verdict in a case where the defendant is clearly guilty, is known as _________.
During voire dire, bothe the defense and prosecution have an unlimited number of so-called ________. These are used to exclude potential jurors from service on the jury because of bias or a reason that legally makes them unfit to serve.
challenges for cause
True or False- Once a mistrial is declared, the defendant cannot be tried again.
True or False- Peremptory challenges can be used to exclude jurors based on their race.
True or False- Juries acquit defendants almost five times as often as they convict them.
True or False- Jury sizes and voting requirements are the same for all offenses in every state.
True or False- Once a defendant is found guilty, they can make a number of post verdict motions. Almost all post verdict motions are granted.
True or False- Researchers have found that a significant percentage of jurors are not honest during voire dire questioning.
True or False- In a criminal case, the prosecutor must prove by a preponderance of the evidence that the defendant committed the crime.
_____________ cicumstances are those that reduce the seriousness of a given crime by considering other factors.
According to the Constitution, convictions can be challenged via a writ of _____________.
True or False- Random drug testing is an example of a condition that can be placed on a probationer.
True or False- A guilty plea and a finding of guilty in a trial court will always result in the same sentence.
True or False- Convicted felons often succeed in obtaining a trial de novo in appellate courts because the appellate court interprets facts, not law.
True or False- Sentencing guidelines are used to determine the appropriate sentence and serve to reduce disparities between sentences by recommending a specific term of imprisonment for certain types of offenders.
True or False- Habeas corpus petitions can only be submitted once.
True or False- Retribution consists of a planned intervention intended to change behavior.
True or False- After a felony conviction, defendants are typically granted a separate sentencing or dispositional hearing during which all relevant evidence is considered.
True or False- Incapacitation relies on future considerations--criminals are punished because of what they may do in the future based on what they did in the past.
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