PBJ 201 Exam 1 Study Guide
PBJ 201 Exam 1 Study Guide PBJ 201
Popular in Amer Crim Court/Judical Proces
Popular in Public Justice
This 4 page Study Guide was uploaded by SarahGamarra on Saturday September 17, 2016. The Study Guide belongs to PBJ 201 at State University of New York at Oswego taught by Jaclyn Schildkraut in Fall 2016. Since its upload, it has received 68 views. For similar materials see Amer Crim Court/Judical Proces in Public Justice at State University of New York at Oswego.
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Date Created: 09/17/16
Study Guide for Exam 1 Jurisdiction Who the court has power over and what kind of cases they can hear Geographical jurisdiction Actual physical boundaries that constrict a court Subject matter jurisdiction What type of case a court can hear Original jurisdiction Court’s power to hear a case and make a ruling -Major trial courts Appellate jurisdiction To review a case to make sure there were no mistakes, and view decision Judiciary Act of 1789 Creates federal judicial system -Supreme Court -3 Circuit courts -13 district courts -Aims to strike a balance between federalists and anti-federalists Marbury VS. Madison of 1803 Establishes the power of the judicial review of the U.S. Supreme Court Courts of Appeals Act of 1891 Created circuit court of appeals -Gave the U.S. Supreme Court discretion over which cases they could hear U.S. Sentencing Guidelines of 1984 Provides punishment Writ of Certiorari -Get the lower courts to pass everything about the case up to the Supreme Court Stare Decisis -Let the decision stand Mediation -Child custody -Having a third party act like a mediator :You may challenge the third party but still be respectful Arbitration -Agree that the third party is automatically right and whatever they say goes Adversarial -Judge acts like a mediator -Jury determines of person is guilty/innocent -Ability to cross examine evidence -Checks and balances Inquisitorial -Judge does cross-examine -Judge decides if the person is guilty or innocent Important To Know Table We are in the 2 Circuit -New York -Vermont -Connecticut Current Chief Justice John Roberts The Code of Hammurabi -Addresses civil and criminal disputes -Presumption of innocence until proven guilty -Lays down crime and punishment -Judicial appellate review The Magana Carta -Idea of Habeas Corpus :Ability to challenge the constitutionality of unlawful detention :Right to a trial by jury Adjudication -Processing defendants charged with criminal defenses settling civil dispute Adversarial System -We have an adversarial system Discretion -Prosecution U.S. Attorney General -Loretta Lynch -Highest ranking prosecutor in U.S -Nominated by Obama Assistant District Attorneys -Number varies by county based on population Offense/Offender Characteristics -Severity of offense -If weapon was used -How many times has offender been in trouble Missouri Bar Plan -First state to adopt merit -Judicial selection :Has a list of three people and governor picks out of those three to be a judge. Selected judge goes through a trial term. After the trial term the people vote if they want the judge to continue or not Marbury VS. Madison -Establishes judicial review Mempa VS. Rhay -Right to court-appointed counsel at a revocation hearing Argersinger v. Hamlin -Accused cannot be subjected to actual imprisonment unless provided with counsel Strickland v. Washington -Established the standard for determining when a criminal defendant's Sixth Amendment right to counsel is violated by that counsel's inadequate performance. 4 Amendment -Right to be protected against search and seizure 5 Amendment -Right to not self-incriminate th 6thmendment -Right to an attorney 8 Amendment -The right to prohibit cruel and unusual punishment 14 Amendment -Established that everyone has a right if you are a born citizen or legal citizen Venire -How a jury is selected Voir dire -When juror comes in, they are questioned by the prosecutor and defendant for them to see if you would be valuable to have on the jury : Background of your life/what you do is asked Jury nullification - When the jury believes that the law is not fair and in response, acquit a person Horizontal - Different people handle different phases Vertical - Same Prosecutor will handle the case from start to finish Black offender White offender VS. Black victim VS. White victim 2 3 Black offender White offender VS. White VS. White victim victim 1 4
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