Download CJUS 1107 - LSUA Test 3 Chapters 8-10: Questions and Answers and more Exams Advanced Education in PDF only on Docsity!
CJUS 1107- LSUA Test 3 Chapters 8-
Questions And Answers
What is the States three-tier system of courts made of? - Answer 1. Courts of limited or special jurisdiction
- Courts of general jurisdiction
- a double tier of appellate court
Courts of Limited Jurisdiction - Answer courts (with a justice of the peace, magistrate, or judge presiding) that handle minor criminal cases, less serious civil suits, traffic and parking violations, and health law violations
Courts of Special Jurisdiction - Answer Courts that specialize in certain areas of law: family courts, juvenile courts, and probate courts (transfer of property and moey of deceased)
Courts of General Jurisdiction - Answer Major trial courts that have regular, unlimited jurisdiction over all cases and controversies involving civil and criminal law
What are the two things that Federal Courts do? - Answer 1. apply and enforce all federal laws created by Congress
- continually called on to toest the consitutionality of federal and state legislation and of court decisions
magistrates - Answer lowest level of jurisdiction and have trial jury over minor federal offeses, but also have an important task of issuing warrants of arrests or search warrants to federal law enforcment officers
United States District Courts - Answer trial courts in the federal and in some state systems
United States Circuit Courts of Appeal - Answer federal appellate courts with the power to review judgements of federal district courts
United States Supreme Court - Answer federal court that has ultimate authority in interpreting the Consitution as it applies to fedral and state law; the final authority in interpreting federal law
Speedy Trial Act - Answer requires that all criminal cases br brought to trial within 100 days or be dismissed
What is the 9th circuit? - Answer It is located on the West Coast and has more business than any of the other courts
How is the Supreme Court chosen? - Answer appointed by the president and approved by the senate
How many Supreme Court members are there? - Answer 9 members with 1 of them being the chief justice
How many cases are filed in to the Supreme Court asking for review?
How many cases do the Supreme Court hear a year? - Answer 100 or less
writ of certiorari - Answer document issued by a higher court directing a lower court to prepare the record of a case and send it to the higher court for review
habeas corpus - Answer writ requesting that a person or institution detaining a named prisoner bring him or her before a judicial officer and give reasons for the detention
What are the duties of the Prosecutor? - Answer 1.screens cases to determine which should be accepted for further processing
- decides with what specific offenses to charge a suspect
- coordinates the investigation of a case
and more on page 249
discretion - Answer taking all the information you have at the time and making a decision based upon it
public defender system - Answer public or nonprofit organizations (with staff) provide defense services to indigent defendants
What is the pro of a public defender? - Answer it is a free defender appointed to those who need
What is the con of a public defender? - Answer that it may not be as good as a paid defender
judges - Answer public official lawfully instituted to decide litigated questions according to law, presiding in a court of law
What are the administrative functions of a judge? - Answer oversee jury selection, control the evidence, support staff, lending assistance in preparation of the budget, and managing the case flow within the court
What does the management of case flow involves control over what?
- Answer the court calendar
court officers - Answer persons who provide courtroom security and maintain order
bailiff - Answer officer of the court who administers formal procedures, keeps order, announces a judge's arrival, and administers oath
court administrator - Answer Chief administrative officer of the court, usually appointed by the state court of last resort, the chief justice of the court of last resort, or a judicial council.
What are the other court personnel? - Answer Court administrator, clerk, law clerks, court officers , and bailiff
clerk - Answer docket cases, collect fees and court costs, maintain records, and manage jury selection
law clerks - Answer review motions and draft legal memoranda and judicial opinions
diversion - Answer removal of the defendant from the normal path of the criminal justice process to an alternative path
bail - Answer security given to ensure the reappearance of a defendant, in order to obtain his or her release from imprisonment
bondsmen - Answer private business operators, paid by the defendant, who post the amount required by the court to secure the release of the defendant
guilty - Answer when you have done something and have been caught
not guilty - Answer when you have not done anything bad
nolo contendere - Answer defendant pleads no contest (admits criminal liability for purposes of this proceeding only)
not guilty by reason of insanity - Answer a verdict by which the jury finds that a defendant committed the crime but was insane
What is the opposition to the insanity defense? - Answer it has grown so strong that three states have eliminated the defense ; and "guilty but mentally ill"
implicit bargaining - Answer the defendant simply understands that a more severe sentence is likely to result if the case goes to trial
explicit bargaining - Answer involves overt negotiations between two or more parties in the case that result in an agreement on the terms under which the defendant will plead guilty
What are the 9 stages in the Criminal Justice Trial? - Answer 1. voir dire
- opening statements
- prosecution's case
- defense's case
- rebuttal
- closing arguments
- instructions
- jury deliberations
- sentencing
probable cause - Answer A set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that a crime has been or will be committed and an individual is responsible
exclusionary rule - Answer a law that prohibits the use of illegally obtained evidence in a criminal trial
What percent of cases are not guilty by reason of insanity? - Answer 1%
hung jury - Answer not enough votes on jury to convict , can't reach a decision
recusal - Answer judge removes self for bias
Who wins with diversion? - Answer defendant, CJ system and the community
How many judges are in the supreme court? - Answer 9
What is the future of the courts? - Answer issues
What are the state issues in the future of the courts? - Answer drugs, dockets too full, vacancies, streamlines (closed circuit tv court)
In the last 40 years, the number of lawyers has gone up to what? - Answer 1 million
Rule on motion/objection - Answer if the judge rules against the defense, defense counsel will have the ruling placed on record as a potential cause to appeal a verdict and judgement of guilty
Missouri Plan - Answer A method of selecting state judges in which a state committee prepares a list of qualified candidates, and the governor appoints a judge from this list
cross-examination - Answer after each prosecution witness testifies, the defense has an oppotunity to question the witness
direct examination - Answer allows the prosecution to clarify and correct statements made by the witness, can help counter points made by the defense during cross-examination
directed verdict - Answer a direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
sequestered - Answer to be kept away from family, friends, and the general public till the end of the trial
rebuttal - Answer prosecution has another opportunity to present evidence to refute the case presented by the defense
polling the jury - Answer A procedure in which each individual juror is asked whether he or she agrees with the verdict given by the jury foreperson
general deterrence - Answer threat of punishment intended to induce the general public not to engage in criminal acts
special deterrence - Answer threat of punishment that deters an offender from engaging in any additional criminal behavior, based on the disagreeable experience with past punishment
consecutive - Answer following in order
concurrent - Answer happening at the same time
appeals - Answer to take a case to a higher court for a rehearing
surrebuttal - Answer questioning by the defense of witnesses who were presented by the prosecutor during rebuttal
direct appeal - Answer when the right to appeal is guaranteed by federal statute
What are the 4 things Appeal courts can do? - Answer 1. hearing and reviewing appeals
2.present at state and federal level
- determime if the evidence is sufficent
4.determine if trial correctly applied the law
Intermediate Appellate Courts - Answer courts that examine allegations concerning uncorrected errors that occurred during trials; usually called courts of appeals in state and federal court systems
preemptory challenge - Answer a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason
