Exam 3 Study Guide
Exam 3 Study Guide CRJU 101 001
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CRJU 101 001
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This 4 page Study Guide was uploaded by Richard Martin on Thursday March 24, 2016. The Study Guide belongs to CRJU 101 001 at University of South Carolina taught by Corey Burton in Winter 2016. Since its upload, it has received 35 views. For similar materials see Criminal Justice 101 in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 03/24/16
Exam 3 Study Guide Monday, March21, 2016 8:22 AM Chapter 7 • Number and functionof U.S. District Courts and U.S. Courts of Appeals ○ U.S. District Courts: 94 courts, criminal or civil cases, may involveparties from multiplestates ○ U.S. Courts of Appeals: 13 courts, 3 judge panels presideon rotating basis, either affirm or reverse lowercourt's rulings • U.S. Supreme Court: ○ 3 primaryfunctions: resolving disputes between states, resolving conflicts between lower federal courts and state courts, resolving constitutional questions ○ Currently9 justices on the Supreme Court ○ Court has originaljurisdiction in rare cases in which there is a suit involvingtwo states, suits between the United States and a state and suits between a state and a foreign citizen ○ Hears appealsfrom the U.S. Circuit Courts of Appeals and State Supreme Courts ○ Hears <1% of cases petitioned to it each year, ~90 cases out of 10,000 • Writs of Certiorari: order from Supreme Court to hear a case • Rule of Four: 4 justices are needed to hear a case • 4 Typesof StateCourts: ○ State Courts of LimitedJurisdiction Deal with less serious offenses and civil cases Issuance of search and arrest warrants as well as preliminaryhearings and arraignments Typically no right to trial in these courts (appeals in the form of a trial de novo) ○ State Courts of General Jurisdiction Function as the trail court for criminal and civil mattes Serve as an appeals court for trials de novo In SC: called CircuitCourt ○ State AppellateCourts Go by several names including: appeals courts, appellate courts, appellate divisions and courts of appeals Hear issues related to: improper procedures, ineffective counsel, failingto exclude improperly obtained evidence, coerced confessions and guilty pleas Mandatory vs Discretionary Jurisdiction □ Mandatory: Courts must hear all properly filedappeals □ Discretionary: Courts maydecide which cases it wants to hear ○ State Supreme Courts Most states refer to their Supreme Court as a Court of Last Resort and have one court which serves this purpose □ In states that do not have an intermediateappellatecourt, the state Supreme Court hears cases on a mandatory basis ○ In states that have an intermediateappellate court, the state Supreme court may hear cases on a discretionary basis • 10th Amendment:powers not specificallydelegated to the federal governmentare reserved to the states • 11th Amendment:a private citizen from one state cannot sue the government of another state in federal court • Result of Marbury vs Madison:establishedjudicial review- power to declare congressional and presidential acts unconstitutional • Landmark Case: the Supreme Court issues a new interpretation of a legal principle or constitutional rightthat differsfrom previous cases • Stare Decisis: the legalprinciple of determining points in litigationaccording to precedent Chapter 8 • Result of Bordenkircher vs Hayes for prosecutorial discretion and why not to chargesomeone: ○ Insufficient evidence ○ Beliefin the inabilityto gaina conviction ○ Office policy • Pre-trail Motions ○ Motion for Discovery: Filedby the defense requesting that the prosecution turn over all relevant evidence that it might use at trail ○ Motion for Suppression: Filedby the defense to excludecertain evidenceat trail ○ Motion for Changeof Venue: Can be made by either the defenseor prosecution requesting that a trail be moved to another jurisdiction ○ Motion for Continuance:Can be made by either the defense or prosecution to delaythe start of a trail ○ Motion for Severance of Charges or Defendants:A request that the defendant be tried on multiplecharges separately or that multiple defendants be tried separately ○ Motion for Competency: Simplya motion to determinewhether a defendant is competent to stand trail • Plea Bargaining:a guiltyplea by defendant in exchange for some concessions from the prosecutor • Charge Reductions:an agreementthat the prosecution willreduce or drop some charges • SentenceAgreement: an agreement that the prosecution will reduce the sentence to be served • Competency to StandTrail: a defendant is incompetent to stand trial when for some reason, whether physical or mental impairment,the defendant isnot able to adequately assist in his or her own defense • Bail: no direct rightto bail, no precise definitionof excessivebail- determinedon a case by case basis, can be denied or revoked at any time • Bail bonds: Administeredby independent, for-profit companies Study Guide Page 1 ○ Administeredby independent, for-profit companies ○ Companiesguarantee that defendants willshow up to court ○ Defendant pays a certain percentage of bail to the company ○ Bail bondsmen can refuse to serve a defendant • Release on Recognizance(ROR): Non-monetary, a defendant's promise to return • Unsecured Bond:A promise to pay an agreedupon amount if the defendant does not return for proceedings • SignatureBond:Releaseof the defendant by police after being charged with the promise to show up for court • Result of Strickland vs Washington:two-pronged test for competence 1. Was the attorney's performance deficient? 2. Did the deficient performance injure the defendant? • Right to Speedy Trail: ○ Right to a speedy trail is a 6th amendmentright ○ May change depending on whether the defendant is in custody or on pre-trail release ○ Many defendants, however, waivetheir rightto a speedytrail (witness memory fades, gather evidence, heat cools down) ○ For those defendants who request a speedy trail and do not waive the right, constitutional violationsmay occur ifcertain deadlinesare not met, Bakervs Wingo (1972) ○ Speedy Trail Act of 1974: at federal level, 30 day timelimitbetween arrest and indictment and 70 day limitbetween indictment and trail • Juries and Jury Selection: ○ 6th amendment to Constitution expands upon ArticleIII, Section 2 in a key way: requires an impartial jury ○ Traditionally, 12 person jurieshave been the norm dating back to common law England ○ Constitutionally, however, juriesare permitted to be smaller(as few as 6) ○ 3 major steps to jury selection: 1. Developing a list of potential jurors 2. Jury panel: individualsbrought in for interviews 3. Voir Dire: process of questioning potential jurors ○ Strikes for Cause: either the defenseor the prosecution excluding a potential juror for a particular reason, strikes are unlimited ○ Preemptory Strikes: either the defense or the prosecution excluding a potential juror for no reason at all, strikes limitedto 4 or 5 • Opening Statements ○ Following rulingson all pretrial motions, the prosecutor and defense attorney engagein opening statements ○ Topics covered by prosecution: charges, crime & evidence, proof of elements of crime, defendant's motivation, victim impacts ○ Topics covered by the defense: presumption of innocence, prosecutorial burden of proof, role of the jury • Directed Verdict: prosecution presents evidencefirst, defense follows by moving for a directed verdict ○ Motion granted: defendant is acquitted ○ Motion denied: defense movesto presentation of evidence • Questioning Witnesses: ○ Direct Examination: a witness is questioned by the sidethat called the witness ○ Cross-Examination: a witness isquestioned by the opposing side following direct examination • Calling Witnesses: ○ Privilegeagainst self-incrimination ○ It has long been understood that defendants cannot be compelledto testify against themselves,even though they do retain the right to take the stand in their own defense • Types of Evidence: ○ Direct Evidence: evidence that tends to prove or disprove a fact at issuein a case (eyewitnesstestimony, confession) ○ Indirect Evidence: also known as circumstantial evidence, requires judges and juries makeinferences about what took place or the defendant's role (fingerprintsfound in a car) • Objecting to the Introduction of Evidence: ○ Commonreasons for objecting to admissionof evidence or statements: lack of relevance, witness is incompetent, witness not qualifiedto givean opinion on a matter, hearsay ○ HearsayEvidence is generallynot admissiblein trials, although there are some common exceptions to this rule Dying Declaration Excited Utterance • Result of Klopfer vs North Carolina:right to a speedy trial was incorporated in or extended to state courts • Gag Order: judge's order to participants at a trial that evidenceand proceedingsof court may not be published, or discussed publicly • Contempt of Court: charge against any violatorof the judge's courtroom rules, possiblefine or term of imprisonment • Bench Trial: a trial in which the judge rather than a jury makes the determination of guilt Chapter 9 • 5 Contemporary Philosophies of the Purpose of Punishment: ○ Deterrence Based on pleasure vs pain principle Specific Deterrence: Prevents offenders from reoffending General Deterrence: Prevents non-offenders from offending ○ Incapacitation Preventing offenders from having the opportunity to commit additional crimes Can include incarceration in a correctional facility or in its most extreme form, the death penalty Underliesthe practice of long prison sentences Study Guide Page 2 Underliesthe practice of long prison sentences ○ Retribution Based on the philosophy of eye for an eye Proportionality is also key in retribution as the belief is that the offender should suffer in the same way the victim suffered Punishments, however, cannot result in torture ○ Rehabilitation Criminalsanctions are meant to cure the offender, known as the "medical model" Crime is treated not as a result of free will but as a disease or condition that can be fixed ○ Restorative Justice Focus shifts to rehabilitating victims with some emphasis on the offenders Recognizes a linkbetween the offender, victim and the community that is broken and needs to be restored Victim-offender mediationis a popular method • Factors that Prevent Fair Sentencing: ○ Faulty Legislation ○ Incompetent Judges ○ Incompetent Prosecutors ○ Incompetent Defense Attorneys ○ Biased Juries ○ Inaccurate Presentence Investigations • Presentence Investigation and Report: involvesgetting information about the defendant in order to assist in handing down a proper sentence, information may include: ○ Defendant's lifehistory ○ Financial resources ○ Cooperation ○ Severityof the crime ○ Victim and community impact ○ Criminalhistory ○ Employment history/communityties • Sentencing Models: ○ Indeterminate Sentencing:model of sentencing that givesjudges great discretion in sentencing by providing a sentencing range ○ Determinate Sentencing: model in which an offender is sentenced to a fixedterm of incarceration which maybe reduced by parole or good behavior, proportionality and equalitykey justifications ○ MandatorySentencing: sentencing model in which the minimumsentence imposedis the exact one specifiedby statute • Three Strikes Laws: repeat offenders are requiredby statute to receivelongerprison sentences • Truth in Sentencing:a constitutional means of increasing sentences to be served, notifying the offender ahead of time of how much time in prison is to be served but still allowingfor the possibilityof parole • Death Penalty: ○ Constitutional Issues Furman vs Georgia (1972) invalidatedthe death penalty statutes of all the states that had the death penalty at the time Gregg vs Georgia (1976) upheld Georgia's new death penalty statute and served as a guide for how other states should draft their death penalty statutes States are prohibited from imposing the death penalty on the following classes of individuals: □ Juveniles(Roper vs Simmons,2005) □ Mentally retarded (Atkinsvs Virginia,2002) □ Insane (Ford vs Wainwright, 1986) ○ Death PenaltyStatutes (Common features) 1. Presence of at least one "aggravating factor" □ Ex. Multiple victims,murder for hire, murder of a police officer, torture 2. Bifurcated proceedings 3. Automatic review ○ States maynot impose the death penalty for the following crimes: Rape of an adult woman (Coker vs Georgia,1977) Rape of a child (Kennedy vs Louisiana, 2008) Any and all persons convicted of first degree murder without consideration of mitigating factors (Woodson vs North Carolina, 1976) ○ Lackey Claim - claim by a death row defendant that the delay in execution combined with the eventual execution violatesthe cruel and unusual punishment provision of the Eighth Amendment ○ Lethal injection isthe most common method of carrying out executions Chapter 10 • WalnutStreet Jail: ○ Influenced by work of John Howard's State of Prisons ○ Established in Philadelphiain 1790 ○ Funded with public money, more humane Set up first classification system Study Guide Page 3 ○ Set up first classification system ○ Inmates still worked but were paid • Pennsylvania System: ○ Based on the practices at the Eastern State Penitentiary, built in 1829 ○ Not a jail or prison per se, but a penitentiary ○ "Silent System" strictly enforced ○ Inmates housed in single-cellswhere all activities wereperformed ○ Designwas such that inmate contact (which was prohibited) was made nearlyimpossible ○ Key advantage was a significantreduction in disciplinary problems • Auburn System: ○ Alternativeto the PennsylvaniaSystem ○ Emergesfrom NewYork's Auburn Prison, constructed in 1816 Constructed in a way that mirrors manymaximumsecurity facilitiestoday ○ ○ Overall, the system was much cheaper than the PennsylvaniaSystem ○ Cellsin the system were too smallfor all prison activities ○ Silent System still in place just like inPA System but difficult to enforce ○ Corporal punishment common for violation of prison rules ○ Resemblesmore of a military model ○ Made stricter use of solitaryconfinement than the PA System ○ Prison economy ultimatelyallowedthe system to thrive • Jails: ○ Intended to be short-term facilities ○ As such, jailshold a vast array of individuals ○ 3 primarytypes of jails: Native AmericanCountry Jails Federal Jails City and County Jails • StatePrisons: ○ Each state has its own prison system ○ Post-conviction detainees ○ Separate male, femaleand juvenilefacilities ○ In many states, prisoner populations are declining • Prisoner Classifications: ○ Prison consultants: Private, for-profit advisors who assist inmates in the classificationprocess Often reservedfor the wealthiest inmates Effectiveness is uncertain ○ Entry into prison: at intake, new inmates are searched, photographed, fingerprintedand issuedclothing and ID ○ Inmate Placement: placement of an inmate into minimum,medium or maximum security facility and super maximum facility Based on crime, risk level, lengthof sentence, past criminalrecord ○ Changein classification: Prisoner's classificationmay change during their term of incarceration, based on behavior, time remainingin sentence • General vs Special Populations ○ General: "regular" prison population ○ Special: inmates suffering from issues that may makethem a security riskor a danger (age, mental health, other medical issues) • Special Populations: ○ Other factors may keep inmatesout of the general population (lifestyleand gang affiliation, potential for victimization) • Other Issues for Prisoners ○ Broken families:about 1.5 millionchildren have parents in prison, this can influence classification, particularlyin the federal system ○ Loss of the right to vote: most states and District of Columbiaban inmates from voting whileincarcerated Other states ban voting for people on probation and 14 states ban felons from voting for life • Prison RapeElimination Act of 2003: requires Bureau of Justice Statistics to gather accurate information on sexual violencein correctional facilities Study Guide Page 4
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