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Criminal Just. Ch. 8
Chpt 8 administration of Justice
| Question | Answer |
|---|---|
| What is meant by the US has a Dual Court System | Separate system for the state courts and the federal courts |
| *Jurisdiction | The authority of a court to hear and adjudicate cases |
| *Appellate Jurisdiction | Power of a court to review a lower courts cases for errors of the law. |
| *General Jurisdiction | The power of a court to hear any type of case |
| *Special jurisdiction | Can hear only certain types of cases |
| *Subject Matter Jurisdiction | Court can hear case based on what the subject is. |
| *Federal Court Personal Jurisdiction | Courts power over the parties such as Ambassadors or Country Representatives, State vs State issues, US Gov't vs an Agency, Citizens of different states, State or Citizens vs Foreign country. |
| How many District Courts are there | 94 District Courts among 13 Districts each containing at least one Federal Court |
| How are US District Court judges placed and for how long | Appointed by the President and confirmed by the Senate. They serve for life. |
| Give examples of Federal criminal cases | Bank Robbery, Counterfeiting, Mail Fraud, and Civil Rights Abuses, |
| What caused the dramatic increase in Federal Criminal cases from an average of 30,000 to over 78,000 by 2010? | The Federal Gov't war on drugs and illegal immigration. |
| T/F the US Court of appeals can under certain circumstances, be the court of original jurisdiction? | False. The US Circuit Court of Appeals ONLY has appellate jurisdiction and only reviews the case for errors of the law NOT facts. |
| T/F, the US Court of Appeals MUST hear your case if requested. | TRUE. An appeal is a matter of right and the court cannot refuse to hear your case. |
| How many Courts of Appeal are there? | There are 13 US Courts of Appeals. 12 have geographical jurisdiction and one has Federal Jurisdiction. |
| How are Federal Appellate judges placed | Nominated by the President and confirmed by the Senate for life. |
| This is the court of last resort | The US Supreme Court |
| What is the Rule of Four? | For the Supreme Court to hear a case, at least four of the justices must choose to do so. |
| Writ of Certiorari | An order, once the required votes are reached, from the Supreme Court (SC) to send the records of a case up for review. |
| * What 4 resolutions are possible if the SC hears your case? | 1) Affirm the lower court verdict, 2) Modify without totally reversing the decision,3) Reverse the decision requiring no further action, or 4) Reverse and Remand the decision back to the lower court for retrial or resentencing. |
| Writ of Habeas Corpus | Order from the SC to have a prisoner brought to court to determine if he/she is being legally detained or imprisoned. |
| *This is the court that most citizens encounter. It has general jurisdiction and is only restricted by the state and Federal Constitution | State Courts |
| *What is the maximum penalty that a lower inferior trial court court (aka Trial Court of limited jurisdiction) can impose | Fine of up to $1,000 and 12 months in jail. |
| Trial De Novo | Rehearing of an entire case for the purpose of transcribing the proceedings which the lower inferior court needn't do. |
| Name of few specialty aka problem solving courts | Drug Court (family, juvenile, women), Child Support Court, Collections Courts, Low level Community Courts. |
| What is the purpose of the Intermediate Appeals Courts created by many states? And can they pass on hearing a case? | To ease the burden of the State Supreme Court. They only hear cases of appeal in both civil and criminal cases. Cannot refuse to hear a case. |
| State Supreme Courts cannot refuse to hear a case, true or false. | Answer is True AND False. State SC can refuse to hear a case if that state also has an Intermediate court system. |
| * What is meant by "sit en banc"? | State SC Judges sit en banc meaning that all of the judges must hear all of the cases. Unlike Intermediate Court judges that can sit in panels. |
| Name at least 4 of the ten purposes of the court as determined by Ted Rubina former judge. | 1Do or Appear to Do Justice, 2. Provide a forum for dispute resolution, 3. Censure wrongdoing, 4. Legal Status, 5. Protect the individual from Gov't actions, 6. Outcomes of Incarceration, Rehabilitation, Punishments, General Deterrance |
| * Name the three key actors in the courts | The Prosecutor, the Defense Attorney, and the Judge |
| Nolle Prosequi | Notation entered by the Prosecutor when he/she refuses to prosecute a case |
| * What is the reason that the Prosecutor is considered the most powerful position in the administration of justice | They have unreviewable discretion in deciding whether to pursue a case against a citizen. |
| Rule of Discovery | Prosecutor must provide defense with any exculpatory evidence that may benefit the defendant. |
| Name the three different kinds of charging documents | An Information, A Complaint, and a Grand Jury Inductment |
| Preventive Detention | Holding without bail as suspect may pose a threat to society. |
| A person can not be held more that ____ ____ before a judge must decide whether the arrest was justified | 48 hours |
| Skip Tracers | Modern Day bounty hunters |
| This is issued when a defendant fails to appear for court and bail is forfieted | Capias aka Bench Warrant |
| Name the three types of release that do not require a bond to be paid | 1. ROR - Release on own recognizance, 2. Conditional Release aka Supervised Release, and 3. Unsecured Bond -Bail is set but no money is paid to the court. |
| Venire | The pool from which jurors are selected |
| A Motion | Application to a court requesting the judge to order a particular action. (Ex. Motion to suppress evidence). |
| What is the principal responsibility of the judge | To ensure suspects and defendants are treated properly and in accordance with due process of the law. |
| What is the Grand Jury and their purpose | 12 to 23 citizens who investigate prelim hearing charges and determine if there is probable cause to proceed with a case. |
| Name the two types of offenders NOT served by the plea bargain process | 1. Innocent poor defendants who fear being found guilty of crime they didn't commit. 2. Habitual Offenders. |
| What are the stages of a criminal trial | 1 Select Jury, 2. Opening Statements, 3. Prosecutors case, 4. Defences Case, 5. Rebuttals and X-Examination 6. Closing Arguments, 7. Jury Instruction, 8. Jury Deliberation and 9. Verdict |
| What are the three differnt types of plea bargain? | 1. Defendant may plead guilty t a lesser offense, 2. Defendant may recieve a lighter sentence (this is a request made by the prosecutor to the judge), and 3. Defendent pleads guilty to one charge and prosecutor drops other charges. |
| *What is the role of the defense attorney? | To provide the best possible legal counsel and advocacy within the legal and ethical limits of the law. |
Created by:
JeromeG
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