Court Systems and Practices

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2nd Semester Review @MIller Carrer and Technology Center

(T/F) Arbitration is governed by both federal and state laws.

True

(T/F) If a prisoners appeal finds that the judge made a harmless error the prisoner will be set free.

False

(T/F) A trial court deciding to admit hearsay evidence is an example of a constitutional error.

False

(T/F) It is improper for the attorneys to challenge the credibility of a witness.

False

(T/F) A motion to request a delay in the trial may be filed by the Prosecutor only.

False

(T/F) Because the Defense has the burden of proof it gets to present its evidence first.

False

(T/F) A juvenile has the right to a jury trial when being tried to determine if his behavior is delinquent.

False

_____________________ call for removal of potential jurors without any type of argument.

A.Peremptory challenges

The practice of either ignoring or misapplying the law in a certain situation, such as returning a guilty verdict in a case where the defendant is clearly not guilty, is known as __________.

D.jury nullification

When media coverage of a crime is extensive and presumed to have "influenced" potential jurors, either of the attorneys ma ask for a

B.change of venue

In ___________ trials, the judge is both the trier of law and the trier of fact.

A.bench

The _____________ has been defined as a statutorily defined number of persons selected according to law and sworn to determine...certain matters of fact based on evidence presented in a trial, and render a verdict.

D.jury trial

The right to a jury trial has always been recognized in the federal courts, but this right was not extended to the states until 1968in the case of _______________.

D.Duncan v. Louisiana

Voir dire typically begins with the _______ asking questions concerning potential jurors' familiarity with the case, attitudes toward one or the other party to the case, demographic information

A. judge

A Prosecutor's or defense attorney's call for removal of a potential juror from service on a jury based on bias or a similar reason demonstrated by the potential is known as

B. challenge for cause

_____________ became popular during the famous case of the "Harrisburg Seven," a group of Vietnamese war protestors who in 1971 were tried for several acts of civil disobedience.

A. jury consulting

The appropriate size for a jury is anywhere between ____ and ____members

A. 6,12

When evidence is vague, jurors tend to fall back in their gut instincts. This has been termed _______________________.

A. liberation hypothesis

There is no Sixth Amendment constitutional right to a jury in noncriminal proceedings. This has come to be known as the _________.

D. noncriminal proceeding rule

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.

D. voir dire

________characteristics include all manner of demographic factors such as age, race, employment status, and other individual variables.

B. juror

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."

D. 6th

During the trial, the _______ stage happens before the ________ stage.

B. opening statement; presentation of witnesses

If jurors need anything (such as to view an exhibit a second time), they will ask the

A. Bailiff

Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?

C. the prosecutor

The _________ is a two-sided structure under which the American criminal trial court operates that pits the prosecution against the defense.

A. adversarial system

A motion for ________ asks the court to move the trial to some other location to ensure the defendant receives a fair trial.

A. change of venue

Who creates a record of all that occurs during the trial?

D. court reporter

Evidence that does not relate to the case being tried is considered

B. immaterial

Which may be a reason that the Defendant may want to waive his Sixth Amendment Rights and have a closed trial?

D. for a heinous crime

What is the correct sequence for the events listed below?

C. Prosecutor closing, Defense closing, Jury instructions

When a jury is unable to reach a verdict the Judge will give the jury a(n)

B. Allen Charge

Which of the below is NOT pretrial motion

C Motion to appeal

Which is the correct order of events listed below

D direct examination, cross examination, redirect, re-cross

In a Prosecutor's opening statement he lays the foundation of his case and tells the jury what

D that he will prove beyond a reasonable doubt that the Defendant is guilty

For a jury to reach a guilty verdict, it must be

B unanimous

Affirmative defenses are those that go beyond simply denying that a crime took place or that the defendant committed it Which of the below is NOT an affirmative defense?

C intoxication

Weapons, tire tracks, and fingerprints are what type of evidence?

A. real evidence

A(n) __________ is one that is automatically granted to the defendant by law, meaning it must be heard by an appellate court.

A. appeal of right

According to the Constitution, convictions can be challenged via a writ of ____________?

D habeas corpus

The Prosecution is usually barred from appealing a defendant's conviction because of the double jeopardy clause of the _________ Amendment

B.5th

The current standard for determining whether habeas review should be granted is known as the "___________ " standard

C actual innocence

Appeals filed prior to adjudication are known as ________ appeals

B interlocutory

A ____________ reason for differential treatment may be the desire to speed up the administration of justice

A. legitimate

At the top of the wedding cake model, the smallest layer, are ___________.

A. celebrated cases

The __________ is an organization that seeks to exonerate wrongfully convicted persons through DNA testing

C Innocence Project

The decision in the case of ___________ defined an articulable standards for the conduct of warrantless stop-and-frisk searches

D Terry v. Ohio

Approximately _______ percent of convicted offenders in state courts are males

B 80

In ____________, a death row inmate sought habeas corpus relief by challenging his sentence on the grounds that defendants in his state were four times more likely to be sentenced to death for killing whites than African-Americans

C McClesky v. Kemp

The __________ has four layers: celebrated cases, serious felonies, not-so-serious felonies and misdemeanors

B Wedding Cake Model

Which of the following is not a factor in
determining whether a felony is considered serious or not-so-serious in the wedding cake model?

B defendant's race/ethnicity

__________ refers to differences between groups of people based on cultural customs such as language

Ethnicity

In the _________, DNA testing entered the mainstream.

1980s

One study that analyzed California data found that _____ percent of all African-American men in that state were likely to be arrested by age 30

66

The ___________ decision was far-reaching. It brought executions to a halt and "emptied death rows across the country."

Furman v. Georgia

_________ discrimination occurs at all stages of the criminal justice systems as well as at all times and places.

Systematic

A disparity refers to a difference, but one that does not necessarily involve ____________.

discrimination

Probably the most common source of false DNA matches come from

sample mix-up.

_____________ is about striving to satisfy the demands of a public that wants its government to be tough on crime

The rush to judgment

Which of the following is not a key reason for treating cases differently for one another

private versus publicly-retained counsel

__________ is a term used to refer to the knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of
harm to a vulnerable adult

Elder abuse

The term used to describe an extended conversation between the victim and offender about the crime and its consequences

conferencing

The process of transmitting documents and other court information to the court through an electronic medium, rather than on paper

electronic filing

One of two restorative justice concepts that refers to material damage to property, lost wages, physical injury, emotional damage, damaged relationships, increased fear, and a reduced sense of community experienced by victims of crime

harm

The illegal taking, misuse or concealment of funds, property, or assets of a vulnerable elder.

exploitation

The term used to described the unlawful use of another's personal identifying information

identity theft

__________ refers to any means of settling disputes outside the courtroom

Alternative dispute resolution

Victim-offender ___________ involves a meeting between victim and offender facilitated by a trained individual; it carries underlying goals of restorative justice.

mediation

A method of alternative dispute resolution in which the parties make informal presentations to a neutral party who then examines the strengths and weakness of each side's case and then informs the parties of them

neutral evaluation

The process in which electronic data is sought, located, secured, and searched with the intent of using it as evidence in a civil or criminal legal case

electronic discovery

In __________ v. ____________, the
Supreme Court considered whether a state appellate procedure that required the defendant to produce transcripts of the trial-even if the defendant could not afford to do so-violated the Constitution

Griffin v. Illinois

In North Carolina v. Pierce, a defendant was reconvicted after a successful appeal and was actually punished more harshly the second time around. The Court found that defendants should be free of such ________ from a sentencing judge.

retaliation

___________ ___________ rule generally limits appeals until the court hands down its final judgement as to the defendant's guilt

Final Judgement

A(n)_____________ __________ is an
appeal that the appellate courts can decide on (whether to grant a hearing or not).

discretionary appeal

A mistake at the trial court level that has little practical consequences in terms of deciding whether the defendant is guilty or innocent is known as a ________________.

harmless error

A __________ __________ is a type of
victim-offender interaction that moves beyond mediation and conferencing by involving the community in the decision

sentencing circle

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