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PA 241 Exam 3 Study Guide With
Verified Solution
pretrial - ANSWER proceeding by a judge before a trial to simplify the issues of law and fact and stipulate certain matters between the parties... process of pretrial - ANSWER booking: -not required in either felonies or misdemeanors -following arrest, photo, fingerprint, and list all distinguishing marks -police list the possible criminal charges -interviews may occur before or after -police compile info into a complaint Richardson booking - ANSWER -50k original bai -reduced 3 times to 15k-5 months later -spent 7 months confined Structure of the court - ANSWER dual court system of federal and state authority -maintains independence of states -trend toward federalization --carjacking, kidnapping, hate crimes etc three tiered systems for both fed and state -first tier is largely administrative in both and last is split between intermediate and final appeals a typical state court system - ANSWER 1.trial courts of limited jurisdiction -lower courts or misdemeanor courts 2.trial courts of general jurisdiction (superior court, court of common pleas, 3.intermediate appellate courts 4.court of last resort (state supreme court) -last court that can hear cases -----probate courts go to 2 and 3 (wills, guardianships)
federal court system - ANSWER supreme court of the usa -9 justices w one chief justice 1.united states courts of appeals
- united states court of appeals for the federal circuit
- united states courts of military appeals original jurisdiction - ANSWER -the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts -may be over a specific geographic area or over particular types of cases appellate jurisdiction - ANSWER the lawful authority of a court to review a decision made by a lower court federal judiciary act of 1789 - ANSWER 3 tier model for court system -trial courts of limited jurisdiction -trial courts of general jurisdiction -appellate courts limited jurisdiction - ANSWER the power of a court to hear only certain types of cases -most US courts are limited -usually under a certain controversy level (bankruptcy, family matters..) general jurisdiction - ANSWER refers to a courts that holds the authority to hear all types of cases except those prohibited by the laws in the state state court - ANSWER limited jurisdiction or lower courts -Justice, police etc -misdemeanors -few attorneys practice here courts of no record appeals - ANSWER appeals are requests by a defendant to a higher court asking it to review the actions of a lower court -cases involving a life sentence or death penalty are automatically appealed -most convictions are confirmed but some are reversed and cases remanded state court #2 - ANSWER general jurisdiction/trial/felony courts -superior, supreme courts ect
-allows mexican citizens to be forcefully abducted and brought to us for trial -ruling by the court -writ of certiorari write of certiorari - ANSWER rule of four- when at least four justices agree to hear a case the record is sent forward for review appeals: moving to the federal system - ANSWER cases can be appealed to the us supreme court if they are based on a claimed violation of the defendants rights as guaranteed under federal law or the us constitution legal bar - ANSWER defense: -powell v alabama -capital -betts v brady- criminal defendants in federal court charged with felony have right to free counsel gideon v wainwright three toughest questions: -proper to x-exam solely to discredit reliability or credibility when witness is truthful -proper to put witness on stand when perjury is plain -proper to give advice that will lead to crime defense #2 - ANSWER retained counsel, public defender, legal defender, court assigned, contract -difference in status within the bar --look over these prosecutor - ANSWER chief law officer of jurisdiction -largely elected by popular vote (45 states) -duties: 1. enforce law 2. represent government 3. maintain standard as court officer 4. develop programs and legislation for cj reform -must turn over evidence to defense nolle prosequi: Us. v Cowen - ANSWER -prosecutor has "absolute authority" to pursue or dismiss cases -additionally has discretion to please bargain, schedule cases for trial -nolle prosequi: a formal notice by the prosector that he is no longer pressing criminal
charges prosecutor in richardson case: - ANSWER --living up to duties --politics impacting the process --evidence to continue obvious --felony murder doctrine and the like judge - ANSWER -senior officer within the court duties: safeguarding its of accused and society -appropriateness of conduct within court -settles questions of evidence and procedure -instructs and supervises jury selection: -popular vote or political appointment -look at ppt accused held in custody - ANSWER initial appearance- mcnabb v us -timeless -judge advises defendant of charges -assigns counsel if not yet retained --evaluates indigence -start date for next hearing -decides whether to release or hold -one of most significant issues for phillips, why? -defendant can't reclaim time behind bars -irony is presumption of innocence -statistics indicate that those held are more likely to be found guilty and receive longer sentences bail/release - ANSWER 8th amendment - "excessive bail shall not be required" -stack v boyel- "bail is excessive when it exceeds amount to ensure defendant will return for trial"
-ppt 9 - ANSWER
arraignment - ANSWER judge informs defendant of charges found in indictment or information -plea for each charge -guilty: admits charges and surrenders rights not guilty: set trial date -no contest: same consequences as guilty, yet, it may not be used in civil proceedings -standing mute: refuses to enter plea, judge invokes not guilty and sets trial date -afford: no contest, but, maintains innocence
motion - ANSWER application to the court for some action, order or ruling -importance is to seed record for appeal
discovery - ANSWER examine evidence, list witnesses- failure to disclose violates due process
DUE PROCESS - ANSWER look
venue - ANSWER original court holds hearings in new locale
suppression - ANSWER exclude evidence from consideration
continuance - ANSWER postpone to prepare case
dismissal - ANSWER evidence left after motions weakens case
6th amendment - ANSWER speedy trial
barker v wingo - ANSWER right to speedy trial can be waived- unanimous opinion-
indictment - ANSWER the accusation or charge
acquit - ANSWER free of charge
judicial process - ANSWER a set of interrelated procedures and roles for deciding disputes by an authoritative person or persons whose decisions are regularly obeyed
federal court system - ANSWER four-tiered federal system that includes supreme court, circuit courts of appeal, district courts, magistrate courts
magistrate court - ANSWER a civil officer charged with the administration of the law
decorum - ANSWER manner in which one must conduct his behavior in a court room -hallowed place (honored place)
initial appearance - ANSWER formal proceeding where accused is read rights, informed of charges, and given bail
bail - ANSWER pride paid by defendant to get out of jail but it is a guarantee that he or she will return to court
preliminary hearing - ANSWER stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause -doesnt determine innocence or guilt
grandy jury - ANSWER jury made up of about 23 people to discuss the validity of the
promising that they will show up for future court appearance and engage in no illegal activity while out on an ror -manhattan bail project- based on confidence that you'll return you do not have to pay bail or stay in jail until trial if signing ROR
mcnabb v us - ANSWER the U.S. rule of evidence that a confession is inadmissible if obtained during an unreasonably long period of detention between arrest and initial court appearance. -PHILIPS- vague v clear opening
8th amendment - ANSWER prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment
jury representativeness - ANSWER -master list developed by voter registry
voir dire - ANSWER speak the truth
challenges w jury - ANSWER 1. direct relationship to parties
- indirect relationships that cause bias
- involved in previous case of similar nature
peremptory challenge - ANSWER dependent on size of jury pool
process of trial - ANSWER -opening statements -evidence
- real- physical objects
- testimonial- sworn statements
- direct- eyewitness testimony
- circumstantial- indirect evidence from which a fact must be reasonably inferre
trial 3 - case in chief - ANSWER prosecution case in chief- presentation of witnesses and real evidence is necessary defense case in chief - offer of testimony to support theory of case or refute further prosecution cases
trial 4- rebuttal arguments - ANSWER -prosecution rebuttal and defense surrebuttal -closing arguments -charging the jury
trial 5 -deliberations - ANSWER -jury deliberations -elect spokesperson -jury deadlock-unable to reach conclusion after deliberation -jury nullification- don't follow court guide
beyond a reasonable doubt - ANSWER textbook: a lack of uncertainty-facts presented are sufficient
az bar association on proof of moral certainty - ANSWER in a criminal trial, the reasonable belief (but not certain) that evidence shows defendant is guilty -moral certainty
duties of prosecutor - ANSWER 1. enforce law
- represent gov
- maintain standard as court officer
- develop programs and legislation for criminal justice reform
