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by: Arnaldo Abbott


Arnaldo Abbott
Texas State
GPA 3.93


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Class Notes
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This 12 page Class Notes was uploaded by Arnaldo Abbott on Wednesday September 23, 2015. The Class Notes belongs to CJ 1310 at Texas State University taught by Staff in Fall. Since its upload, it has received 12 views. For similar materials see /class/212861/cj-1310-texas-state-university in Criminal Justice at Texas State University.


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Date Created: 09/23/15
Exam 2 C1310 Faiyaz Suleman Exam 2 Review 1 What does DA mean What does da mean a District attorney Prosecutor most powerful person in the criminal justice system b Many of them assistance 2 Article 2 6 a Americas imprisoned kids i 2270 people who have W 1 iw f39lliquotw39 PM ii The trend in trying juveniles as adults started in earnest in the 1980s when homicide rates in the nation soared Life sentence u i the chance of parole is now moving forward Bill iv Cost the state 500000000 to imprison the minors now v Roper vs Simmons 1 Ended the practice of putting to death inmates for crimes committed when they were minors a 2005 3 The most powerful player in the criminal justice system a District Attorney DA 4 Article 19 i Bail bondsman 1 Posting bail for people accused of crimes in exchange for a fee is all but unknown in the rest of the world Equot In England Canada and a few other countries agreeing to pay a defendant s bond in exchange for money is a crime akin to witness tampering or bribing a juror ii Bail is meant to make sure defendants show up for trial It has ancient roots in English common law Exam 2 C1310 Faiyaz Suleman if m all mm dominate the pretrial release systems in the USA and Philippines 5 The deciding of charging the criminal with is the responsibility of a DA or judge 6 Amendments 1 4 6 and 8 a 1 Congress shall make no law respecting an establishment of 72 or prohibiting the free exercise thereof or abridging the freedom of not be violated and 7 7 mm 3 the lam wing W m 131 supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized P jpw mi 1 limo jug f wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining 7 Perfect court scenario a defendant is not suppose too a Due process law b Ask for things 8 The judge maybe the most powerful in the courtroom the prosecutor is 9 Important function of the defense attorney mentioned in class 10 z 239 is the result from Exam 2 C1310 Faiyaz Suleman a Time in jail forces people to rethink their circumstances and take their plea They get scared ofbeing convicted later and forfeit the trial 11 Article 20 a jury duty when history and life coincide When woman s suffrage was ratified in 1920 more than half the states had not yet legalized woman jurors ii39 Over the neXt two decades a number changed their laws to allow women to serve 1 But only on an elective basis iv Taylor vs Louisiana 1 All juries must represent a quotfair cross section of the community 2 1950 3 Supreme court a Memoir ofjury duty last year b Historian D Graham Burnett notes that we expect much but think too little about what happens in the jury room c That I found is also true about the role gender plays on a jury 12 Allowing TV recording in courtroom would change criminal justice proceedings to criminal defendants model most with 13 False statement from notes a False positive i I thought they were guilty ii High bail b False negative i Innocent till proven guilty Exam 2 C1310 Faiyaz Suleman ii Due process iii Low bail 14 Deals with cases a Alford vs North Carolina i Alfred plea ii Established that the defendants don t have to admit that they are guilty iii There s enough evidence to make me look guilty 1 Have you been arrested or committed a crime job application 2 Don t have to be guilty iv There are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence b Roe vs wade i 1973 ii The Court held that a woman39s right to an determined by her current trimester ofpregnancy iii The Court rested these conclusions on a constitutional right to privacy emanating from the Due Process Clause of the Fourteenth Amendment also known as substantive due process 1 14th amendment a All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and of the State wherein they reside No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life liberty or property without 2 quot Exam 2 C1310 Faiyaz Suleman nor deny to any person within its c Santobello vs New York If the prosecutor changes their mind about the deal they made with you then they m u Ifyou quot ii to a less serious offense when you are guilty then you can not repeal later because you would be going back on your word iii 1971 d Palin vs Biden 15 Us Supreme court talks about the w a Blackledge vs Allison i 1976 16 Notes innocent people b 17 Single most important factor that accounts for wrongful criminal conviction i Steven Tiddus 18 Denying bail to jail suspects are waiting prosecution are not considered capital punishment a Answer has to do with the amendments 19 Article 21 a Looking Askance at eyewitness testimony Psychologists showing how errors reach the courts offer advice on handling such evidence Innocent men convicted of rape because of eye witness error 1 First convicts exonerated by DNA tests proving that someone else was responsible iii 39 Ii39quot 39 vii m ne n v lead witness to identify the wrong person Exam 2 C1310 Faiyaz Suleman iv People under stress remember events no better than and often less well than they do under ordinary circumstances V Witnesses also perceive time to be slower vi Witnesses to a crime are so distracted by the presence ofa weapon 139 3V vii How to Improve the System 1 The deterioration ofmemory 2 Improving police procedures 3 Asking the right questions 4 No double blind lineups 20 Iudges point ofviewdisadvantage of criminals paying fines for punishment 21 Article 26 a Americas imprisoned kids i 2270 people who have life sentences without the chance for parole for crimes they committed when they were minors ii The trend in trying juveniles as adults started in earnest in the 1980s when homicide rates in the nation soared iii Life sentence without the chance of parole is now moving forward Bill iv Cost the state 500000000 to imprison the minors v Roper vs Simmons 1 Ended the practice of putting to death inmates for crimes committed when they were minors a 2005 22 Iury selection a Iury pool b Iury is composed of39 it Exam 2 C1310 Faiyaz Suleman 23 jury selection any bias that might occur a Sampling bias i You would want to find peers but those are hard to find ii Voir Dire 1 Questioning 2 Challenge for cause 24 Article 2 2 a Why do hung juries hang i Retrials become costly and also take an emotional toll on victims and witnesses Quantity of evidence and length of trial did not appear to affect iv As the number of opportunity for disagreement 1 Also could mean more reasons to agree lt Cases with compleX evidence or compleX legal instructions may make it more difficult for jurors to reach agreement v39 Quality of the evidence is perceived primary cause of hung juries in the 2 101 part of the study was weak evidence Sentiments about fairness of the law S 1 Another factor leading to hung juries was the degree to which jurors believed that the law they was were instructed to apply was fair and would lead to the legally correct outcome viquot Effect of the deliberation process iX Presumptions proven wrong 25 Article 23 a When evidence is ignored residential restrictions for seX offenders Exam 2 26 Case dispositions in highly urbanized city where a lot of Faiyaz Suleman c11310 1996 iii Fundamentally Flawed 1 These laws are based upon the widespread beliefs that Equot iv Flaw 2quot Equot sex offenders have extremely high recidivism rates sex crime rates are on the rise and sex offenders often kill their victims There is an assumption that sex offenders are a homogeneous group and that all pose equal risk Media attention of sex crimes especially random and lethal acts of sexual violence against children gives the impression that sex crime rates are higher than ever a Have been on the decline b Dropped 51 since 1991 Recidivism rates differ based on the offenses type and risk factors such as offender age pattern of sexual deviance criminal history and victim preferences Laws restricting where sex offenders may live have been inspired by crimes committed by perpetrators who were strangers to their victims a Children are more likely to be molested by trusted caretakers and relatives the initial screening re ects what style i Would I win in front of the judge Exam 2 C1310 Faiyaz Suleman ii Survival for the fittest iii Only the best cases go forward iv Urban city 1 New York 27 Argersinger vs Hamlin a In all trials involving potential jail time States are obligated to provide the accused with counsel b 1972 28 Criticism of plea bargain include a Unfairly penalizes those people who want to go to trial b Forces an innocent person to strike a deal They get scared and don t want to risk anything 29 The ability ofprosecutor s to win cases is due to a Seriousness of the offense b Criminal history of the defendant i Minister or doctor c Victim characteristics i Overstating history d Public interest e Organizational characteristics 30 Video Minnesota trial jury trials are 31 Several landmark cases have established the role of defense attorney in the criminal justice system except we covered four cases 32 Flea bargaining allows the system to achieve which of the following goals a Courtroom goals i Produces a conviction for the defense attorney DA ii Allows the da to collect fee with minimal effort Allows judge to 33 Notes we learned that 34 Selling the deal to the defendant is the responsibility of 35 Article 24 Exam 2 C1310 Faiyaz Suleman a When the poor go to court i Across the nation many indigents wind up being sentenced to jail time without ever seeing a lawyer ii Hubert Lindsey was thrown into jail because he owed money He was unemployed and lived in a tent but never got a lawyer iii Thousands of indigent defendants still navigate the court system each year without a lawyer iv Each state and often each county is left to its own devices on deciding how to fund and institute indigent defense programs v Funding is a perpetual problem 36 Article 26 a Americas imprisoned kids i 2270 people who have lil l 70 Whine ii The trend in trying juveniles as adults started in earnest in the 1980s when homicide rates in the nation soared iii Life sentence without the chance of parole is now moving forward Bill iv Cost the state 500000000 to imprison the minors v Roper vs Simmons 1 Ended the practice of putting to death inmates for crimes committed when they were minors a 2005 37 Decision to release someone is based on the defendants Seriousness of the offense E P Defendants record c Positive attributes of the defendant i Good job paying a lot of taxes steady employment connections family P Interest of the police 517 Interest of the prosecution Exam 2 C1310 Faiyaz Suleman i Hoping for a plea bargain f Interest of the defense attorney g Interest of the bail bondsman h Amount of space in jail 38 Criminal defendants who take their cases to trial risk a Harsher punishment and more convictions 39 Lowest rearrest chances while on bail a SeX offenders 40 Trial taX refers to a More punishment if you lose 10 41 Process that involves the selection ofjurors 42 Criminal defense attorney have a lower standards by professionals peers due too a Crimes are not considered a good crime b Heavier workload c Average pay is 100000 43 Different role s played by judges my J l i They judge ii Average working time is 3 hours i Chambers i Of the courtroom ii Responsible to make sure that its clean supervisor 44 Video Minnesota trial Suggested that Kalu guy who was on parole turned the gun in and got arrested 45 Prosecution compleX results from the prosecutors bailerfailure and fails to protected the interest of somebody a Search for the truth and try to find the real criminal b Sweden Exam 2 C1310 Faiyaz Suleman 46 Class notes we learned


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