Crime and Punishment Chapter 3

Questions and Answers

What type of system does the US have?

Inquisitorial Process

Single Jurisdiction

Dual Court System (correct)

Unitary Court System

What is the process where lawyers for each side represent their clients' best interests?

Adversarial process

What process does the rest of the world typically use, where a judge takes an active role?

Inquisitorial process

What term refers to the territory or legal boundaries within which control may be exercised?

Jurisdiction Signup and view all the answers

What is the term for enforcing society's rules and standards?

Norm enforcement Signup and view all the answers

What suits involve contracts, money, property, and personal injury?

Dispute processing Signup and view all the answers

What term refers to interpreting the constitution and laws, defining individual rights and limiting police powers?

Policy making Signup and view all the answers

What are misdemeanors lawsuits for?

Small amounts of money Signup and view all the answers

What type of courts handle major felony cases and lawsuits for large amounts of money?

Trial courts of general jurisdiction Signup and view all the answers

What type of courts deal with appeals of decisions from lower courts?

Appellate courts Signup and view all the answers

What are the three key roles of judges?

Adjudicator, negotiator, administration Signup and view all the answers

Name one method for selecting state judges.

Gubernatorial appointments Signup and view all the answers

What is the role of a defense attorney?

To represent the accused offenders Signup and view all the answers

Who are indigent defendants?

Accused convicted offenders who lack the resources to afford legal representation Signup and view all the answers

What is the term for an attorney in private practice assigned by a court to represent an indigent?

Assigned counsel Signup and view all the answers

What does a public defender do?

Represents indigent defendants on a full-time basis Signup and view all the answers

What is the primary role of a prosecuting attorney?

To represent the government and citizens in pursuing criminal cases Signup and view all the answers

What is a plea bargain?

An agreement where a defendant pleads guilty to a lesser charge to avoid trial Signup and view all the answers

What is the term for a prosecutor's pretrial disclosure of facts and evidence to the defense?

Discovery Signup and view all the answers

What does the term 'nolle prosequi' mean?

Charges will not be prosecuted Signup and view all the answers

What is the accusatory process?

The series of events from the arrest of a suspect to the filing of a formal charge Signup and view all the answers

What Supreme Court case established that a plea must be proven voluntary?

Boykin v. Alabama Signup and view all the answers

What are the goals of the criminal justice system?

Retribution, deterrence, incapacitation, rehabilitation Signup and view all the answers

What does retribution refer to in criminal justice?

Punishing the person who has harmed others Signup and view all the answers

What does deterrence aim to achieve?

Discourage future crime Signup and view all the answers

What is incapacitation in relation to criminal justice?

Depriving an offender of their freedom Signup and view all the answers

What is rehabilitation in the criminal justice system?

Restoring convicted offenders to a constructive place in society Signup and view all the answers

What type of sentencing allows for minimum and maximum terms?

Indeterminate sentencing Signup and view all the answers

What is the term for the legal process involving jury selection and trial proceedings?

Trial process Signup and view all the answers

What is criminality?

Human behavior or acts that violate societal law Signup and view all the answers

What does negligence refer to in legal terms?

Carelessness criminal without intent Signup and view all the answers

Study Notes

Legal Systems and Processes

The United States operates under a dual court system, which includes federal and state courts.
An adversarial process is utilized in the US, where each side's legal representatives advocate for their clients' best interests.
The inquisitorial process is employed in most of the world, where judges play an active role in the proceedings.

Legal Terminology

Jurisdiction refers to the territory or legal boundaries within which legal control can be exercised.
Norm enforcement involves the implementation of societal rules and standards.
Dispute processing encompasses suits related to contracts, money, property, and personal injury.

Judicial Roles and Appointments

Judges serve three primary roles: adjudicator (mediator and enforcer of laws), negotiator (facilitator of sentencing and plea bargains), and administrator (manager of court operations).
State judges can be appointed through gubernatorial appointments, legislative appointments, and nonpartisan elections.

Defense and Prosecutors

A defense attorney represents the accused offenders, particularly those who are indigent (lacking resources for legal representation).
Assigned Counsel are private attorneys appointed by the court to represent indigent defendants, funded by government.
Public defenders are salaried attorneys representing indigent defendants within their jurisdiction.

Prosecutorial Functions

Prosecuting attorneys represent the government, responsible for charging, trying, and recommending sentences for suspected crimes.
Prosecutor’s bias indicates the potential for bias due to the dual role of seeking justice for victims while serving citizens.

Court Processes and Trials

Each offense in an indictment is termed a count.
Discovery involves the prosecutor's pre-trial disclosure of evidence to the defense.
Nolle prosequi is a legal term indicating that specific charges will not be prosecuted.

Legal Cases and Pleas

The accusatory process outlines the sequence from arrest to formal charges.
Stantobello v. New York establishes the expectation for prosecutorial promises to defendants.
Boykin v. Alabama mandates proving that guilty pleas are made voluntarily by defendants.

Sentencing and Legal Standards

The variance in trial procedures includes bench trials (judge-led) and jury trials (citizen juries).
Criminality is defined as an act that violates societal laws.
Various psychological disorders (e.g., antisocial personality disorder, kleptomania) may influence criminal behavior.

Criminal Justice Goals

The four main goals of the criminal justice system include retribution, deterrence, incapacitation, and rehabilitation.
Restorative justice focuses on repairing damage done to victims and communities.

Types of Sentencing

Sentencing can be indeterminate (set range), determinate (fixed term), or mandatory (minimum sentencings).
Good conduct time allows for sentence reduction based on behavior while incarcerated.

Release Mechanisms

Probation allows offenders to serve under supervision within the community, while preventative detention can occur for those who pose risks to others.
Bail is monetary or property paid for release prior to trial, influenced by the offense's severity and flight risk.

Factors Affecting Bail

Factors influencing bail decisions include the seriousness of the crime, the accused's prior record, and the likelihood of flight.

Verdict and Trial Process

The trial process entails jury selection, opening statements, presentations from both prosecution and defense, rebuttal witnesses, closing arguments, and jury instructions leading to a verdict.

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