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Criminology Quiz 2
Terms in this set (52)
What are the 4 types of court jurisdiction?
Personal, subject matter, geographical, hierarchical
What are the 2 court systems?
Systems of each individual state, federal court system
What did the Judiciary Act of 1789 do?
Set number of Supreme Court justices at 6, and also created 3 federal circuit courts and over 100 district courts
What are the 3 tiers of the federal court system?
District Courts, intermediate appellate courts, Supreme Court of the United States
Federal Courts of Appeal
Known as circuit courts. 13 total (11 for 50 states, 1 for federal circuit, 1 for DC). Jurisdiction of federal circuit hears appeals from: several federal administrative agencies, patent claims, claims court, Court of International Trade. 6 judges in First Circuit, 29 in Ninth Circuit. Ninth Circuit is the largest.
Supreme Court of the United States
Court of last resort for federal system and state cases dealing with federal constitutional issue. All decisions are precedents binding on all courts Decisions can be refuted only by other Supreme Court decisions or constitutional amendment
Rule of Four
The number of justices that must vote to hear a case
What happens if a case is not accepted by the Court?
Refusal to accept is not considered decision on merits of case. Has no binding precedential value
How many justices currently serve on the Supreme Court, and who/what has the power to change that number?
Currently 9 justices. Congress has authority to reduce or enlarge number of justices
How many tiers in the state courts?
4 tiers. Courts of limited jurisdiction, courts of general jurisdiction, intermediate appellate courts, final appellate court (court of last resort)
What do the courts of limited jurisdiction do?
Deal with less serious offenses and civil cases. May be responsible for issuing search and arrest warrants and conducting preliminary stages of felony cases. Civilly, handle juvenile delinquency cases, family law, and probate. Generally no right to trial. No records kept except for judgement. Are important for 3 reasons (may be only experience with court system for most, process tremendous number of cases, involved in crucial early stage of criminal cases)
What do the courts of general jurisdiction do?
Trial courts for civil and criminal matters. Original jurisdiction for felony cases. Generally authorized to hear many matters not exclusively designated for courts of limited jurisdiction. May also hear appeals from lower courts. Precise workload varies by jurisdiction
What do the intermediate appellate courts do?
Small states or those with small populations have only one level of appellate courts. Other states have two levels (intermediate, court of last resort). Largely a creation of the 20th century. Hears felony appeals of right (those state legislatures permit all defendants as matter of law. occur after final order has been entered by trial court).
What do the final appellate courts (court of last resort) do?
Usually called state supreme court. 48 states have one. Those in states with intermediate appellate levels hear majority of cases on discretionary basis. Most states require these courts to hear death penalty appeals. Those with only one appellate level are mandated by law to hear all appeals. Only option after state supreme court is the US Supreme Court
How do pretrial proceedings begin?
Begins with either filing of complaint or arrest
What is the first court appearance called and what is done at this hearing?
Initial appearance. Takes place in municipal or justice of peace court. Suspects are informed of rights, nature of charges, and whether bail is granted (and amount) or denied
What is the second court appearance called and what is done at this hearing?
Preliminary hearing. Magistrate determines if probable cause exists. If yes, defendant bound over for trial. Means trial date is set and defendant notified of pending charges. Preliminary hearing is formal adversarial proceeding conducted in open court. Deemed a "critical stage" requiring counsel
How are charges filed as the court process continues?
Information or indictment
What goes on at the arraignment?
Formal hearing before felony court
How is the jury selected?
Replaced trial by combat or ordeal. Originally composed of knowledgeable witnesses. Finders of fact, not law. "Jury of one's peers". Selection begins once trial date is set. Members randomly selected
Challenge for cause with jurors
Use specific and valid reason to dismiss juror. Typically unlimited number allowed
Do not use any reason. Typically limited number allowed. May not be based on race or gender
What are the 2 ways to challenge the trial outcome?
Direct appeal (challenges conviction) and indirect appeal (challenges state's power to incarcerate)
Indirect appeal. "You have the body". Requires person directed at to either justify confinement of person named or release them from custody
Who are the 3 court actors?
Judges, Prosecutors, Defense Attorneys
What do judges do?
Serve as referees. Responsible for enforcing court rules. Instruct jury on law. Determine law. Not representative of American society (mostly white, male, upper middle class)
What do prosecutors do?
Federal prosecutors (attorney general is political appointee. administrates prosecution priorities for deputy attorneys for deputy attorneys general. deputy attorneys general are appointed by president and confirmed by Senate. assistant US attorneys are not appointees) State prosecutors (usually elected. have appointed assistants who do most of trial work. prosecute cases in name of people. to do justice. have tremendous power in deciding whom to prosecute coupled with little oversight)
What do defense attorneys do?
Expected to represent clients as effectively as possible within courtroom rules. Focus on 5 areas (ensure that the defendant's rights are not violated, ensure that the defendant is aware of all options, provide the best ethical defense, investigate and prepare the defense, argue for lowest possible sentence or best possible plea bargain)
How are judges selected?
Appointment (the oldest method of selecting judges) Election (partisan, nonpartisan, or by legislature) Merit System (based on a system originally developed by the American Judicature Society)
What are the 4 types of defense counsel?
Privately retained counsel, Public defenders, Court-appointed counsel, Contract system
What is the other word for criminal law?
What is criminal law primarily supposed to do?
Protect public from harm by punishing harmful acts that have occurred and forbid conduct that may lead to it
Limitations on criminal law
State cannot criminalize any conduct it chooses. Substantive due process. Forbids passage of laws that infringe on rights of individuals. Underlying theory for privacy rights. Overbreadth doctrine. Void for vagueness. Fair notice. Must not restrict due process. Must not restrict equal protection. Cruel and unusual punishment. Ex post facto laws. Bills of attainder
Ex post facto laws
Cannot be penalized for behavior that was not illegal at time they acted. Penalties cannot be increased after crime has been committed. Do apply retroactively if they are beneficial
Bills of attainder
Cannot have laws that impose punishment without trial
What are the elements of criminal offenses and what do they make up?
Actus reus, Mens rea, Concurrence, Causation, Harm. All make up corpus deletci
What is strict liability?
Imposes accountability without proof of criminal intent in situations where society deems it fair to do so. Statutory rape
What is vicarious liability?
Imputation of accountability from one person to another. Based on relationship of individual to person committing illegal act. Only in civil law
Doctrine of Complicity
Sets forth the situations in which more than one person may be held liable for criminal activity
What are the defenses to criminal liability?
Defense (response made by defendant that allows them to avoid criminal liability) Alibi (form of defense where defendant assets they are not the person who committed the act charged), Affirmative defenses (defendant admits they committed the act but denies criminal liability)
What are the 3 categories of crime?
Crimes against the person, crimes against public order, crimes against morality
FBI definition of murder
Willful (non-negligent) killing of one human being by another
Defined by Model Penal Code as a killing that occurs purposefully, knowingly, or recklessly. Graded into first degree or second degree. States and courts differ on how to consider first degree murders
Voluntary (an intentional killing that occurs under mistaken belief self-defense is needed or in response to adequate provocation while in sudden heat of passion) and involuntary (unintentional killing that occurs as result of reckless act)
Felony Murder Rule
Ranked as first-degree murder in some states, second-degree in others. Individual is held liable for unintended killing that occurs during the commission of a dangerous felony. No requirement of intent to either kill or inflict serious harm
What are the 3 crimes against morality?
Adultery, prostitution, obscenity
What is criminal procedure and what is it to do?
Sets forth appropriate behavior for agents of state if they deprive individual of their liberty. Pendulum between due process and crime control models. Attempts to balance goals of these two models
Where does criminal procedure come from?
Derived from due process clause of Fifth and Fourteenth Amendments. Tremendously important legal concept
All warrants must be based on probable cause and must describe the person, place, or thing with particularity
Allows searches without warrants. Probable cause and exigent circumstances must exist
How much force is an officer of the law permitted in making an arrest?
May use whatever force is reasonable under circumstances. Deadly force permitted only when necessary to protect life
Stop and Frisk
Requires reasonable suspicion based on experience. Less demanding than probable cause. Stop (must be temporary and no longer than necessary under circumstances) Frisk (If stop does not allay officer fears. Pat-down of outer clothing. Officer may not manipulate items felt to discern what they are)
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