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Criminal Justice 232-Course review/ summary

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How are federal judges appointed? By the President and confirmed by the US Senate

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How do you remove a federal judge? They are impeached by the House of Representatives and trial by the Senate

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Jury nullification: When a jury a verdict of not guilty even if the defendant is guilty of the charges

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Partisan Elections: All vote for the same party

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Non- Partisan Election: Vote for candidates instead of a party

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Retributive Justification for Punishment: Response to a crime is a punishment even to the offense

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Utilitarian Justification for Punishment: Right and wrong of an is determined by the balance of good over evil by that action

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Incapacitation: Locking up dangerous or high- risk offenders to prevent them from committing crimes in the future Rehabilitation: Reforming the offender to prevent future offenses Deterrence: The prevention of potential offenses by use of fear Restoration: Goal of criminal sentencing that attempts to make the victim whole again General Deterrence: When potential offenders "learn of the consequences of criminal involvement and decide not to risk themselves to such punishment Specific Deterrence: To discourage the criminal from future acts by understanding the consequences Indeterminate Sentencing: A sentence imposed for a crime that is not given a definite duration Determinate Sentencing: Jail or prison sentence that is definite and not eligible for review by parole board What year was parole abolished? 1995 How long does one serve in a prison sentence? Full sentence How long does one serve in a misdemeanor sentence? 1-150 days

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What are sentencing guidelines? Rules that set out a uniform sentencing policy for individuals and organizations convicted of felonies and serious misdemeanors 4th Amendment: Prohibits unreasonable searches and seizures Exclusionary rule to the states in 1961 - Mapp v. Ohio: Acknowledged that states had failed to provide an adequate alternative remedy for violations of the Fourth Amendment. Deterrence of police misconduct and protection of judicial integrity What does good faith exception mean? Legal document providing an exception to the exclusionary rule Inevitable discovery exception: Allows evidence illegally seized items that would have been discovered lawfully anyway Rights defendants have in the Sixth Amendment: Right to confront, right to speedy trial, right to public trial, right to know pending charges What was the result of the Melendez-Diaz v. Massachusetts (2009)? Melendez-Diaz was convicted of distributing and trafficking cocaine in violation of Massachusetts law Who would be eligible for a specialized court program? Drug offenders Purpose and goal of drug courts: Reduce offender recidivism and prevent drug relapse Jury instructions: Set of legal rules and jurors must follow when deciding a case Subpoena: Letter to attend court Victim Rights: 1) Victim and witness protection and law- enforcement contracts 2) Financial assistance 3) Notices 4) Victim input 5) Courtroom's assistance 6) Post- trial assistance 1982 President Reagan Task Force on Victims of Crime: Reform the experience of crime victims What are the 1984 Victims of Crime Act? Helps victims of crime through means other than punishment of the criminal Victim definition: Someone harmed, injured, or killed in a crime or accident Jail v. prison time: Jail serving 1 year or less and prison serving 1 year or more What was Atkins found guilty of? Capital murder What was the sentencing option? Life in prison without parole and execution Between 1975 & 1977, Virginia revamped the states capital punishment in response to Fuhrman in five ways. What are those 5 ways? 1) Reduced the number of crimes for which death was possible punishment. 2) Removed execution as the only penalty for a capital crime. Permitted life in prison as an alternative 3) Adopted bifurcated trial procedures for capital cases 4) State guided jurors in capital case sentencing by defining the use of aggravating and mitigating factors. 5) The law provided for an automatic appeal to the state supreme court of all the death penalty sentences.

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What two factors does state law specify as aggravated circumstances? Vile crime and future dangers What do you think is the purpose of victim impact testimony/statements? Allows the victim to voice how they want the offender to be sentenced What was the defense team for Atkins' argument at sentencing? He had limited intellectual ability Did the jury consider Atkins' low intelligence? They rejected it Purpose of the appeal? To retry a case after a final decision has been made What does the appeal court do when they either agree or disagree? The case would require a reversal Was this case upheld or reversed on appeal? Upheld How does one get their case before the Supreme Court? Petition What does the "rule of four" mean? 4 of the 9 justices can vote to accept a case for Supreme Court review What did Virginia have to do after their decision? Draft a new law What was the result of the Atkins case? He was sentenced to life in prison

Criminal Procedure: The body of laws and rules determine how police, lawyers, judges, and courts enforce and apply criminal law Bill of Rights: The first 10 Amendments to the Constitution Appellate Courts: A court charged with reviewing the decision of a lower court Jurisdiction: The authority of a court system to hear cases and a government's power to enact laws; determined by geographical area or subject matter Impeachment: The process for the involuntary removal of a public official from office Statutory Law: Law written and enacted by a legislative body, such as state legislature or us congress Dual Sovereignty: The principle that both the federal and state governments exercise legal jurisdiction over specific legal issues Federal Preemption: Invalidation of US state law that conflicts with federal law Concurrent Jurisdiction: When a criminal behavior is a violation of the laws of more than one jurisdiction at the same time Arrest: Physical seizure of a person with the intention of accusing them of a criminal offense Probable Cause: Standard of proof required for an arrest and to issue an arrest or search warrant. Also, legal justification for search under specific circumstances. Arraignment: Court hearing in which formal charges are read to the defendant and the defendant enters a plea

Bail: The amount of money or other security that the defendant posts to guarantee his or her return to court if released from jail Preliminary Hearing: Held to determine if sufficient probable cause exists to bind the case over to a grand jury Grand Jury: Body of citizens selected to examine evidence in a criminal case and to determine if probable cause exists; upon determination of probable cause, they issue an indictment Indictment: The formal charging instrument issued by a grand jury in a felony criminal case Information: A written charging document prepared and presented by the prosecutor Alford Plea: A criminal defendant pleads guilty to an offense while contending that he or she did not commit the act constituting the crime Court of Record: A trial court that officially records its proceedings, and renders final decisions Interlocutory Appeal: An appeal in a criminal case prior to the verdict. It occurs when there is a critical legal issue that must be decided before the trial continues Remand: When an appellate court rules on a case and refers it back to the lower court with instructions to correct the error Writ of Certiorari: A petition asking an appellate court to review a case. When an appellant wants the US Supreme Court to review his/her case, the appellant will file this En Banc: All the judges of an appellate court reviewed the case Pardon: Order by a state governor or the President of the United States forgiving the conviction of a criminal defendant or excusing a criminal act that may have been committed by an individual Commutation: Order by a state governor or the POTUS reducing the sentence of a convicted criminal defendant Habeas Corpus: A legal proceeding in which a government agency responsible for detaining an individual must appear in court to show cause as to why the detention is legal Amicus Curiae: Someone who is not a party to a case and is not solicited by a party, but who assists a court by offering information that is relevant to the case Plurality Opinion: In a case in which many of the justices are unable to agree on the holding or reasoning, this represents the reasoning of the highest number of judges Due Process Clause: 14th Amendment guarantees that all citizens of the United States cannot be denied life or liberty without due process of law Capital Offense: A crime that carries the possible punishment of death Exclusionary Rule: Evidence that is illegally obtained is inadmissible in court

Total Incorporation: 14th Amendment automatically incorporates all the rights of the first eight amendments to the states Selective Incorporation: Specific rights and procedures incorporated, on a case-by-case basis over an extended period Fundamental Fairness: Incorporation of general rights, while allowing the states to determine their own specific procedures for protecting those rights Fruit of the Poisonous Tree Doctrine: An extension of the exclusionary rule, the doctrine also excludes any evidence that was discovered because of the previous original illegality Affidavit: A legal sworn document used in warrant requests stating the facts establishing probable cause De Facto Arrest: An individual would believe he or she was under arrest even though it was not the intention of the officer to arrest Probable Cause as it Applies to an Arrest: Facts and circumstances that would lead a reasonable person to believe that a crime has occurred, and a particular person has committed it Felony: A crime committed that is more serious and is typically punished by over a year in prison Misdemeanor: A crime committed that is less serious and is typically punished by a year or less in jail Extradition: The legal procedure in the state where the arrest is made determines the validity of the warrant and whether to transfer the arrestee back to the originating state Protective Sweep: A quick search of the premises to determine the presence of individuals who might cause harm to the officers Exigent Circumstances: Extraordinary and emergency circumstances that allow the police to conduct a search for persons or evidence without first obtaining a warrant Search Incident to Arrest: A search conducted pursuant to a lawful arrest Implied Consent Laws: Statutes associated with drunk driving offenses in which by operating a motor vehicle, the driver has given implied consent to a test to determine blood alcohol levels    

Are most defendants represented by a private attorney? - No, by a public defender Do suspects have a constitutional right to represent themselves? - Yes Does an indigent suspect have a constitutional right to be represented by a counsel? - Yes What was the role of victims in trial and sentencing proceedings?

They were the leading role

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Do state courts ever try a case involving federal law? - No Who are the professionals in the courtroom work group? - Judge, prosecuting attorney, defense attorney What is the issue in the case U.S. v Bagley? - This case compels the prosecution that disclose only evidence that the defense requests What is the issue in the case Gideon v. Wainwright? - Establishes right to counsel for indigent defendants in stock felony court proceedings What role does the bailiff play in the courtroom? - Keeps order, announces judges' entry What is the most widely used system of indigent defense? - Public defender programs What is the role of the clerk of the court? - They are responsible for summoning members of the public for jury duty, subpoena of a witnesses for the prosecution and defense What does it mean to have an appellate jurisdiction? - Courts that have the authority to review a decision made by a lower court How many district courts are there in the federal court system? - 94 How many regional intermediate appellate courts are there in the federal court system? - 12 What function does a dispute-resolution center serve? - Acts as a diversionary action, resolves disagreements informally Be familiar with the characteristics of a trial court of limited jurisdiction? - Detailed record of the proceedings is not maintained in all cases, case files include info only about the charge, the plea, and the sentence. Cases are minor offenses How many members serve on juries in most states? - 12 What is the purpose of a preliminary hearing? - To give defendants the opportunity to challenge the legal basis for his detention What was the Manhattan Bail Project? - It tested effectiveness of release on recognizance What percentage of the time is plea bargaining used? - 90% What are the exceptions to the hearsay rule? - Dying declarations, spontaneous statements Is the use of peremptory challenges unlimited? - Yes Be familiar with several types of juror challenges - Challenges to the array, challenges for cause, peremptory challenges

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What is tangible evidence? - Evidence that consists of physical material or traces of physical material or traces of physical activity What is the issue in the case of Maryland v. Craig? - This case upheld the use of a closed-circuit television to shield children who testify at trial What two purposes do bail serve? - To ensure the reappearance of the accused, prevent people who have not been convicted from suffering imprisonment unnecessarily What occurs during a defendant's first court appearance? - A defendant is advised of his rights, offered the opportunity for bail, given formal notice of the charges - Be familiar with unsecured bonds - Based on a court determined dollar amount of bail, requires no momentary deposit with the court What are the danger laws? - Laws that limit the right to bail for certain defendants What is the issue in the case of U.S. v. Hazard? - Bail can be denied when the accused is a danger/hazard to the community - Be familiar with what takes place during grand jury proceedings - Held in secret, have the power to subpoena witness, defendants do not have the right to appear before a grand jury What are the alternatives to bail? - Third party custody, ROR, conditional release What is direct evidence? Evidence that if believed, directly proves a fact

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What amendment guarantees the right of an impartial jury? - 6th What is the primary determinate of the actual amount of time served when an indeterminate sentencing practice is used? - Inmate behaviors while incarcerated Do most suspects charged with a federal felony usually go to trial? - No What is the issue in the case of Mistretta v. U.S.? - Constitutionality of the United States Sentencing Commission What does most research indicate about the deterrent of the death penalty? - Deterrence would not have any effect on the murder rate What is meant by the sentencing principle of equity? - Punishment should be based on equal standards as the crime committed

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Separating offenders from the community furthers which sentencing goal?

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- Incapacitation What is the goal of specific deterrence? - Discouraging the accused from committing crime again What is determinate sentencing? A jail or prison sentence that is definite and not subject to review by a parole board or other agency What are examples of mitigating factors? - Any evidence presented to the court regarding the defendant, or the circumstances of the crime might result in reduced charges or a lesser sentence What is the role of the parole board in relation to the indeterminate sentencing scheme? - The final arbiter of the actual sentence served in a state that relies on an indeterminate sentencing scheme What is the day fine and what does it consider? - Financial resources of the offender What is the issue in the case of Gregg v. Georgia? - Approved the 2-step trial procedure in capital cases What is mandatory sentencing? - A structured sentencing scheme that allows no leeway in the nature of the sentence required. What is meant by the sentencing principle of proportionality? - The severity of the sanctions should bear a direct relationship to the seriousness of the crime committed What percentage of death row inmates is African American? - 42% How many states have passed a constitutional amendment for crime victims? - Over 30 states Hawaii is the only state in the United States without a primary state police agency. - True

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John Edgar Hoover is known as the father of American policing? - False

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The National Crime Information Center (NCIC) is operated by what federal agency? - FBI What is the primary legal and prosecutorial arm of the U.S. government? - Department of Justice Who formed the Bow Street Runners? - Henry Fielding

The civil service system was created by the: Penelton Act The police represent the ____ power of government. Civil

The FBI is the national police force of the United States. False What is the primary mission of the U.S. Secret Service? Protect the President The police structure in the United States is? Quasi Military The duties of the ___ include lighting street lamps, clearing garbage from the streets, and putting out fires. Watchmen Which group is considered the backbone of the police services? Patrol Officers With over 36,000 sworn employees, this city has the largest local police department in the United States. New York Police officers are considered ___ members of the department. Sworn The number of officers or subordinates a supervisor can supervise effectively is called? Span of Control On what societal issue did the U.S. Supreme Court focus during the 1960's? Individual Rights What law established the National Prohibition in 1920? Volstead Act Most law enforcement agencies in America are_____. Local Another name for chain of command is ____. Hierarchy of Authority Most government employees at the federal, state, and local levels are managed by a civil service system. True A civil service system solves all managerial problems with promotion, demotion, and dismissal. False The collection of all officers working a particular shift is called a: Platoon The first state police agency was the Texas Rangers. True The police strike of 1919 occurred in: Boston In the United States, ____ percent of local police departments have 25 or fewer officers. 87% O.W. Wilson is noted historically for what contribution to modern policing? Developed modern management and administrative techniques What U.S. Supreme Court decision held that a Black slave could not sue in court for his freedom because he was a piece of property, not a citizen? Dred Scott v. Sanford The man who is. credited with establishing London's first large- scale, civil police department in 1829 is Sir Robert Peel. True

In the United States, most local police departments are small, with about 53% employing fewer than 10 sworn officers. True The federal Witness Security Program, popularly known as witness protection, is administered by the _____. U.S. Marshalls The police selection process is relatively simple and enables a candidate to become hired as a police officer within several months after taking the entrance examination. False According to the text police departments are required to have the same hiring standards that must be met by applicants. False Police applicants must be at least 5 feet 8 inches tall to be selected for...