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Court Systems and practices chapt. 8,9,10

Terms in this set (60)

when does a person suspected of committing a crime transform from suspect to a criminal defendant
When they are arrested
What is primary role of a defendant?
to focus on his/her demeanor and appearance before the judge and jury
Which Amendment guarantees a defendants right to a speedy trial
Sixth amendment
What is a judicially created remedy for violations of the Fourth Amendment
Exclusionary rule
What is the primary purpose of the exclusionary rule
Determine police misconduct
the process through which state governments would hand over illegally seized evidence for use in federal prosecutions is known as
the silver platter doctrine
which court case officially applied the exclusionary rule to the states in 1961
Mapp v. Ohio, 1961
if a police officer executes a search warrant that was issued by a neutral and detached magistrate that is ultimately found to be invalid, which exception to the exclusionary rule applies
Good faith exception
Which exception to the exclusionary rule permits the use at trial of evidence illegally obtained by the police if they can demonstrate that they would have discovered the evidence anyway by legal means
inevitable discovery exception
the right to be present at one's trial is based on which two amendments
Fourteenth and Sixth Amendment
The Compulsory Process Clause of the Sixth Amendment provides defendants with what right?
To compel individuals to appear in court & testify as witnesses for the defense
The Rules of Evidence (federal and state) give what entity the discretion to preclude admission evidence that may fall within the definition of relevance.
Judge
What is required for evidence to be admissible in a trial?
At a minimum, it must be relevant & trustworthy in the eyes of the judge
Defendants have the ability to challenge the information against them through what process?
Cross examination
In challenging a witnesses' capacity, the defendant is not saying that the witness is lying, but rather that the witness is...
Mistaken
The process of challenging the truthfulness and credibility of a witness is......
Impeachment
what are the three areas where individuals from specific backgrounds appear in court as defendants at disproportionally high levels
gender, race/ethnicity, and level of education
What is the primary reason that defendants choose to waive their right to a speedy trial
Stategic reasons
Before a court conducts a trial in absentia, the court must determine that the absence is ________ & ________
Voluntary and deliberate
What two critical components of a witness's testimony are challenged during cross-examination
Capacity and credibility
What is the name of the process that occurred during the Middle Ages in which a defendant would perform some dangerous task to prove his/her innocence
Trial by Ordeal
Which document, signed in 13th-century England was supposed to have granted a right to trial by a judgement of his peers
The Magna Carta, 1215
What ruling came from the suit filed by Edward Bushell, filed in England in 1670
Juries must not be coerced
The verdict in the trial of John Peter Zenger is an example of
Jury Nullification
What type of discretion does the jury have in interpreting evidence and establishing the facts of a case?
Virtually unlimited discretion
What amendment to the constitution guarantees a person accused of a crime the right to trial by jury
Sixth amendment
What amendment to the constitution gives defendants' the right to refrain from testifying at trial?
Fifth amendment
Which of the following are jurors not typically told at the close of the trial, before deliberations
to consider how the crime impacted the victim
In which case did the Supreme court hold that the right to trial by jury for serious offenses was a fundamental right and applicable to the states?
Duncan v. Louisiana 1968
Defendants are entitled to a trial by a jury for
All cases that may result in imprisonment of more than 6 months
In a few jurisdictions, if a jury is unable to reach a unanimous verdict
the verdict is decided by the majority
In Bellow v. Georgia (1978), the court unanimously held the minimum number of jurors must be...
Six
The jury selection process is a designed to achieve two goals: to ensure that a fair cross selection of the community is included as potential jurors and to...
Permit the seating of individual jurors who are unbiased with regard to the case on which they serve.
When first established, jury wheels consisted primarily of...
Voter Registration list
In general, how many peremptory challenges are available to attorneys in noncapital cases when choosing a jury?
4-6, depending on the state
for what reason were jurors initially not allowed to take notes
Most jurors were illiterate
In what manner is a jury's question most commonly posed to a witness
The judge asks the witness on behalf of the jury
Which of the following is typically not found in a juror's trial notebook
A list of potential defenses
What options are available to the court if a jury engages in jury nullification
None
A jury with fewer than six members is...
unconstitutional
Under what theoretical policy do prosecutors only file charges if they feel they have sufficient evidence and chance of conviction?
Trial Sufficiency
Under what theoretical policy do prosecutors file charges in any situation where the legal elements of a crime are present?
Legal Sufficiency
What are three primary legal factors that prosecutors use to judge convictability?
a. Seriousness of the offenseE
B. Strength of evidence
C. Culpability of defendants
6. What offenses do many individuals question the "wisdom of state intervention"?
Domestic Abuse
Which Amendment holds that states must follow due process?
fourteenth amendment
What are three factors that may decrease the likelihood of a suspect being charged with an offense?
A. reluctance of a victim to testify
B. Cooperation of the accused in the apprehension
C. reasonable doubt of quilt of the suspect
The substitute for an indictment by a grand jury is known as a
Information
Evidence that tends to show the defendants innocent is known as
Exculpatory evidence
what pretrial motions can the prosecution request certain types of evidence from the defense in many states
Motion for discovery
What are three reasons plea-bargaining became more common overtime
A.Increasing complexity of the system
B. Increasing number of cases
C. Increasing competition defense representation
According to California's restrictions on plea-bargaining under what scenarios my a plea bargain be allowed
A case involving petty theft
What are three suggested by research as major factors influencing the decision made by a prosecutor regarding plea-bargain's
A.strength of evidence
B.prior criminal record
C.Seriousness of offense
What is the required level of proof for an officer to make an arrest without a warrant?
Probable Cause
Federal grand juries are typically composed of
23 people
What amendment requires the federal governments to take a case forward by means of a grand jury indictment?
Fifth amendment
What amendment requires that excessively high bail not be handed down?
Eighth amendment
At what point in the criminal process for a felony offense is the defendant formally notified of the charges?
Arraignment
What plea is used to state the desire of the defendant not to contest the charge?
Nolo Contendre
Under which circumstances can a judge refuse to allow a plea bargain and force a defendant to go to trial?
If the prosecutor abused discretion
Ad Hoc plea bargaining refers to
Pleas involving unusual concessions made by defendant
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