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UA / Engineering / CJ 100 / Describe a docket?

Describe a docket?

Describe a docket?

Description

CJ EXAM 3 STUDY GUIDE


What is docket?



Chapter 7 – Court Systems in the US

Highlight = Title or Important fact

Underlining = Term

Overview

- Responsible to determine if the defendant is guilty or innocent - Courts are at the mercy of outside forces

­ Finances, cases, public appearance  

Terms to Know 

Docket – schedule of cases in a court

Defendant – individual, company, or institution that is accused in the court  of law

Charge – formal statement of the offense

Bench trial – when the right to a jury Is waived and the judge decides Appeal – applying to be heard by a higher court to overrule the decision  made

History – 


What charge means?



- England

­ Inquest: 1st type of jury  

­ Assize of Clarendon: transformed the English law  

­ 18th Century-Modern practices began

 12 men were supposed to assign the worst crime of their  area / changed into actually finding sufficient evidence to  charge

- Colonial Courts in North America  

­ Bill of Rights saw the need for a more uniform practice among  the 13 colonies

Organization of Modern Courts – 

- US does not have a centralized court system

- Dual-Court: both federal and state


What bench trial means?



- Adversarial Process: two parties will argue their sides and whoever  argues the best case usually wins We also discuss several other topics like What does hominin mean?

- Different ways

­ Jurisdiction

­ Levels

Jurisdiction – 

- Subject-matter

­ Limited: only takes certain types of cases

­ General: all different types of cases

- Geographic  

­ Location of an offense dictates which court will hear it

- Hierarchical  

­ Trial: Cases all start here for the first time

­ Appellate: Court of appeals

Federal –  

- President nominates federal judges then the senate confirms the  decision

­ Lifetime appointment under good behavior 

­ Exception: Magistrate judges

- Federal courts hear cases involving;

­ US gov. or officials

­ US constitution of federal laws

­ Controversies between states or the US and foreign officials ­ Some criminal offenses triggering federal charges

Courts – 

- 3 tier hierarchy

­ District

­ Circuit

­ Supreme

District – Don't forget about the age old question of What does it mean when a firm has comparative advantage?

- Principal trial courts of general jurisdiction

- Docket is mainly civil cases We also discuss several other topics like What are demographic measures?

- 94 judicial districts

- US district court/judge appoints magistrate judge

­ 4-8 yr term

Circuit – 

- One or more parties of the trial has to file for an appeal of the decision  for it to be considered

- Court will either agree with the previous decision or reverse It

Supreme Court –  

- Highest court in the US – Court of Appeals

- 9 Justices –  

- Note: She doesn’t usually ask for numbers, but in case you wanted to  know

­ Salary: 249,300 (associate) 260,700 (chief justice)

­ Docket: 8,000

­ Term: 80-100 cases per term Don't forget about the age old question of What is linear electron flow?

Process of the Supreme Court –

*Important to know these

 Writ. Of Certiorari: asking the supreme court to hear the case  Rule of Four: at least four or more judges have to agree to hear it  Written Briefs: every detail of the case  

 Amicus Brief: ‘friend’ of the court will write an admission  Oral Argument: 30 minutes to argue

 Decision: majority must agree 5+

Opinions of the Court: Majority/Concurring/Dissenting

Drug Courts – 

- Most common type of specialized court

- Tough process

- Works to rehabilitate inot society

Chapter 8 – The Courtroom Work Group

Overview Don't forget about the age old question of Give an example of interest rate and bonds.

- Courtroom work group – those who work together to move cases  through the system and determine the outcome  

- Going rate – describes how similar cases have been settled by this  group

- Common goal – dependent on each other

Core Actors

Prosecutor – 

 o District Attorney 

o Represents the state

Prosecutorial Duties – 

o Prep a strong, complete, and coherent case

o Negotiate through plea bargain

o Draft legal documents

Federal / State Prosecutors –  

o Fed; US solicitor General versus US Attorney

o State;

 State attorney general

 Chief prosecutor

 Local prosecutors

Defense Attorney –  

o Acts on behalf of the accused

o Put doubt in the mind of the jury because the jury is supposed to  make their decision based on beyond reasonable doubt

*Types of Attorneys – 

o Private attorney

o Public defender

 Appointed by the state for indigent defendants If you want to learn more check out How are health and education related?

 Gideon v. Wainwright  

∙ Asked for counsel and was denied

∙ Represented himself & lost

∙ Handwrote an appeal and was granted a trial

∙ Assigned counsel & won

 Assigned counsel / Contract / Public Defender 

The Judge – 

o Duties

 Signs search warrants

 Informs of the charges

 Appoints counsel

 Sets bail

 Sentencing

 Presiding at trial

Judicial selection – 

 o Executive appointment 

 President chooses / senate confirms

 o Election of judges 

 Partisan vs. nonpartisan  

 * whether it states party representation or not  

 o Merit Selection 

 Missouri Bar Plan (removes politics, but still gives voters a  choice)

Support Staff & Participants

Law Enforcement –  

o Security – overall safety of the court

o Transport – bringing in the defendant

o Bailiff – peace officer

o Testifying  

Court Support –  

o Clerk of the court - maintaining records of a court. Another  duty is to administer oaths to witnesses, jurors, and grand jurors

o Court reporter – journalist who attends court hearings and  reports on the proceedings 

o Court administrator – plans and oversees a courthouse's  administrative operations, facilities, budget and case  

management procedure 

Corrections –  

o Probation officers – pre-sentence investigation

o Pretrial services personnel – divert people away from the CJS o Rehabilitation Specialists – drug and alcohol programs, etc.

Public Support –  

o Bail Agents – target people who can’t afford bail while waiting  trial

o Media – chandler v. florida permitted some form of media  o Advocates – typically in juvenile cases  

o Jurors – members of the public who are randomly selected

The Involved – 

o Defendants

 Limited understanding of the process

 Appearance and stigma

 Often left with feelings of injustice and alienation

Victims & Witness – 

o Victims interest is sometimes ignored

o Often asked to testify

o Victim witness programs

 Cooperation and alleviates inconvenience

 Services differ per situation and access to resources

 Counseling, intervention, protection, orientation

Chapter 9 – The Disposition; Plea Bargaining, Trial, Sentencing Overview

Overview –  

- Disposition – courts final determination

- Important decision points in the process

o Bail, plea, sentencing

- Sentencing disparities elicit that the CJS isnot uniform or fair Pre-Trial Release –

- Decisions must be made to determine whether someone should be  released before court

Bail Bonds –  

- Cash: full bail amount, cannot be financed through a bail agent - Property: posing the value of tangible property, varies by state - ROR: released on a promise to come to court, no $ involved - Surety: most common, series of contracts through a bail agent to pay  bail

Plea Bargains –  

- Compromise reached by prosecutor, defendant, and defense attorney  for a deal

- Important Cases

o Brady vs. US (1970) made plea bargaining official

o Santobello vs. NY (1971) ruled them essential to the process

Types of Pleas –  

- Vertical: charges are dropped down  

- Horizontal: guilty to one charge, all others dropped

- Reduced-sentence Plea

- Avoidance of Stigma – pleads to a lesser charge to avoid stigma

The Trial

Pre-Trial –  

- Cases can be diverted at many stages throughout the pretrial o Initial appearance

o Preliminary hearing vs. grand jury

o Indictment or information

o Arraignment

o Motions

Types of Motions –  

- Dismissal of charges

- Continuance

- Discovery

- Suppression of evidence

- Severance of defendants / offenses

- Competency determination

- Change of venue

Schedule –  

- Opening arguments

- Prosecution witness and evidence

- Defense witness and evidence

- Closing statements

- Jury deliberation

- Verdict

Types of Evidence –  

- Direct: obtained directly by the 5 senses

o Real / testimony

- Indirect: cannot be directly observed

Juries – 

- Selection process

o Voir Dire: process of determining final jury

o Challenges:

 Challenge for cause – reason to believe the person  

cannot be fair 

 Peremptory challenges – made without needing to give  a reason 

o Hung Jury: exhausted all attempts to come to a unanimous  decision

o Bench Trial: defendant waives the right to a jury and is heard by  the judge

Sentencing – 

- Judicial discretion

- Sentencing guidelines

- Indeterminate

- Determinate

- Mandatory minimums

Example Questions –

T/F: The president chooses and confirms judges

False, Senate confirms, President cannot hold full power T/F: A transport Officer is responsible to keep peace in the court False, Bailiff Officer

T/F: Attorneys are appointed by the State for Indigent Defendants True, “If you cannot afford an attorney, one will be provided  for you”

T/F: the Assize of Clarendon did not change the way of law False, it changed everything

T/F: Only 4 Judges need to agree for a decision to be made on a  case

False, 5+ need to agree (majority rules basis) / 4 agree for a  case to be heard 

What was the first type of Jury Called?

Inquest

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