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Questions and Answers
What is the primary purpose of the corrections system?
What is the primary purpose of the corrections system?
Which of the following accurately describes the number of Americans under correctional supervision?
Which of the following accurately describes the number of Americans under correctional supervision?
What occurs when an offender has 'flat timed' their sentence?
What occurs when an offender has 'flat timed' their sentence?
How does the criminal justice system resemble a funnel?
How does the criminal justice system resemble a funnel?
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What is the purpose of bail?
What is the purpose of bail?
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What does pretrial detention mean?
What does pretrial detention mean?
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Which is true regarding the right to bail?
Which is true regarding the right to bail?
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In a criminal trial, who has the burden of proof?
In a criminal trial, who has the burden of proof?
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What standard of proof must be met to establish guilt in a criminal trial?
What standard of proof must be met to establish guilt in a criminal trial?
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What can a judge impose if the defendant is found guilty?
What can a judge impose if the defendant is found guilty?
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During a bench trial, who decides the case?
During a bench trial, who decides the case?
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What organization issues the federal sentencing guidelines?
What organization issues the federal sentencing guidelines?
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What is the role of the court's probation officers?
What is the role of the court's probation officers?
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What can an appellant demonstrate to have a trial court's decision reviewed?
What can an appellant demonstrate to have a trial court's decision reviewed?
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In what scenario can the government not appeal a verdict?
In what scenario can the government not appeal a verdict?
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What might happen if the prosecutor cannot prove guilt beyond a reasonable doubt after an appellate court's directions?
What might happen if the prosecutor cannot prove guilt beyond a reasonable doubt after an appellate court's directions?
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What is considered one of the controversial aspects of federal sentencing guidelines?
What is considered one of the controversial aspects of federal sentencing guidelines?
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Which of the following is NOT a possible service provided to offenders under supervision?
Which of the following is NOT a possible service provided to offenders under supervision?
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What is the purpose of the appellant's brief in the court of appeals?
What is the purpose of the appellant's brief in the court of appeals?
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In what scenario may a case be reviewed en banc in the court of appeals?
In what scenario may a case be reviewed en banc in the court of appeals?
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What is typically required for the Supreme Court to agree to hear an appeal?
What is typically required for the Supreme Court to agree to hear an appeal?
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What factor can lead to the reversal of a trial court's decision on factual grounds?
What factor can lead to the reversal of a trial court's decision on factual grounds?
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How are decisions made in the United States Circuit Courts of Appeals?
How are decisions made in the United States Circuit Courts of Appeals?
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What is the primary role of the appellee in the appeal process?
What is the primary role of the appellee in the appeal process?
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What is the typical duration for oral arguments in the court of appeals?
What is the typical duration for oral arguments in the court of appeals?
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What happens when a litigant loses in a federal court of appeals?
What happens when a litigant loses in a federal court of appeals?
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Match the legal terms with their descriptions:
Match the legal terms with their descriptions:
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Match the following concepts with their explanations:
Match the following concepts with their explanations:
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Match the following legal processes with their purposes:
Match the following legal processes with their purposes:
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Match the following roles with their responsibilities:
Match the following roles with their responsibilities:
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Match the following court terms with their meanings:
Match the following court terms with their meanings:
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Match the following terms related to criminal justice with their definitions:
Match the following terms related to criminal justice with their definitions:
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Match the following legal procedures with their descriptions:
Match the following legal procedures with their descriptions:
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Match the types of legal consequences with their definitions:
Match the types of legal consequences with their definitions:
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Study Notes
Pretrial Detention and Bail
- Most criminal suspects are released on bail before trial - bail is a monetary amount paid by the defendant to ensure their court appearance.
- If the defendant fails to appear in court, the bail is forfeited, and a bench warrant is issued for their arrest.
- The right to bail is not a constitutional guarantee, but the Constitution forbids excessive bail.
- Pretrial detention occurs when a judge denies bail due to flight risk concerns, keeping the defendant in jail until trial.
Plea Bargaining
- A negotiated agreement between the prosecution and the defendant.
- The defendant typically pleads guilty to a lesser crime or agrees to a reduced sentence compared to potential trial outcomes.
- While criticized, plea bargaining remains a common practice in the criminal justice system.
Trial
- The purpose of a trial is to determine the defendant's guilt.
- The "finders of fact" are the jury (in a jury trial) or the judge (in a bench trial).
- The American legal system is adversarial - the prosecution aims to prove guilt, while the defense advocates for the defendant's innocence.
- The burden of proof rests on the prosecution (state) to prove guilt beyond a reasonable doubt (BRD), the highest evidentiary standard in the legal system.
Sentencing
- Upon a guilty plea or conviction, a judge (or sometimes a jury) imposes a sentence.
- Sentences may include fines, probation, incarceration, or combinations of these.
- Federal sentencing guidelines issued by the U.S. Sentencing Commission guide judges in imposing federal sentences.
- The court's Probation Office prepares reports, applying sentencing guidelines to individual defendants and their crimes.
- The court can consider trial evidence, information provided by the pretrial services officer, the U.S. Attorney, and the defense attorney during sentencing.
- The court can deviate from the guideline-calculated sentence in exceptional circumstances.
- Federal sentencing guidelines have sparked controversies and numerous appeals due to disagreement with the guidelines or their application.
- Federal sentences can include prison time, fines, and restitution payments to crime victims.
- Probation officers assist the court in enforcing sentence conditions and providing services like substance abuse testing, job counseling, and alternative detention options.
Appeal
- Trial court decisions are not final – convictions can be appealed to higher courts to address legal errors.
- A successful appeal usually leads to a retrial by the trial court after addressing the error identified by the appeals court.
- A retrial is not mandatory – the prosecutor can drop the case if guilt cannot be proven beyond a reasonable doubt, considering the appellate court's instructions.
- The losing party in a federal trial court can typically appeal to a federal court of appeals.
- Defendants can appeal guilty verdicts, but the government cannot appeal not guilty verdicts – both sides can appeal sentences following guilty verdicts.
- The party initiating an appeal is known as the appellant and must demonstrate a legal error impacting the trial court's decision.
- Appellate courts review the case record and legal arguments submitted by both parties – they don't hear new evidence or witnesses.
- Appellate courts can review factual findings but typically only overturn factual decisions if they are deemed "clearly erroneous."
U.S. Circuit Courts
- Cases are decided by panels of three judges working together.
- Appellants present legal arguments in a written brief – attempting to convince the court that a trial court error occurred.
- Appellees (parties defending against the appeal) present arguments in briefs, aiming to justify the trial court's decision or downplay the impact of any errors.
- Many cases undergo oral arguments – structured discussions between lawyers and judges focusing on legal principles.
- Each party is allotted a brief time (around 15 minutes) to present their arguments.
- The court of appeals decision is generally final, except for possible remands to the trial court, Supreme Court review requests, or en banc review (by a larger panel of judges) in certain cases.
Supreme Court review
- Parties can petition for a writ of certiorari – a request for the Supreme Court to review the case.
- The Supreme Court is not obligated to grant review - it typically accepts cases involving significant legal principles or conflicting interpretations by lower courts.
- The Supreme Court reviews cases through briefs and possibly oral arguments.
Corrections
- Protects the public and serves public interests through punishments or rehabilitating criminal offenders (depending on the philosophy).
- Encompasses incarceration (prisons and jails), early release (probation and parole), and other mechanisms.
- The US corrections system is vast – around 7 million people are under correctional supervision nationwide.
- Approximately one-third of convicted offenders are incarcerated, leading to significant public expenditure and political discussions.
Release from the System
- The final stage – includes parole (with conditions and limitations), or complete sentences (flat time) allowing for a return to pre-system life.
Criminal Justice Funnel
- Illustrated as a funnel, widening at the top (crimes known to police) and narrowing to the bottom (convictions and incarcerations).
- Cases drop out of the system at each stage – police may resolve cases informally, prosecutors may not pursue cases, judges may opt for treatment instead of incarceration.
- This process highlights how a small number of crimes ultimately result in convictions and prison sentences.
Appeal
- A request to a higher court to review a lower court's decision.
- Typically sought by the party who lost in the lower court.
Appellant
- The party who initiates an appeal.
- Aims to overturn the lower court's decision.
Bail
- Release of an accused person before trial.
- Ensures their appearance in court with set conditions.
Bench Warrant
- A type of arrest warrant issued by a judge.
- Bypasses police action and is issued by the court itself.
Beyond a Reasonable Doubt (BRD)
- The legal standard of proof required for a criminal conviction.
- Prosecution must present evidence to convince the jury of the defendant's guilt with no reasonable doubt.
Burden of Proof
- The responsibility to prove disputed facts.
- In criminal cases, the burden of proof rests on the prosecution.
Criminal Justice Funnel
- An analogy representing the shrinking number of cases progressing through the criminal justice system.
- Many crimes are reported, but only a fraction result in prison sentences.
En Banc
- French for "on the bench."
- Refers to all judges of an appellate court hearing a case together.
- This differs from the usual practice of cases being heard by panels of judges.
Evidentiary Standard
- The amount of evidence required to achieve a specific outcome in the criminal justice system.
- Different standards apply for different purposes, such as probable cause for an arrest versus proof beyond a reasonable doubt for a conviction.
Flat Timed
- A prison sentence served in its entirety without the possibility of parole.
Monetary Fine
- Money paid to the government as punishment for wrongdoing.
Oral Argument
- An opportunity for lawyers to present their case to the court and answer the judges’ questions.
Petition for a Writ of Certiorari
- A formal request to the Supreme Court asking it to review a lower court's decision.
Pretrial Detention
- Holding an accused person in jail before trial.
- May occur if they cannot post bail or are considered a flight risk or danger to the community.
Probation Officer
- Conducts presentence investigations, prepares reports for convicted defendants, and supervises released defendants.
Restitution
- Money paid to the victim of a crime as part of the criminal punishment.
Sentence
- The punishment imposed by a court following a defendant's conviction.
Sentencing Guidelines
- Rules and principles set by the United States Sentencing Commission for judges to follow when determining sentences.
Trial
- A formal examination of evidence before a judge to determine guilt.
United States Circuit Courts
- A former name for United States Courts of Appeal.
United States Sentencing Commission
- The agency responsible for establishing sentencing policies and procedures for the federal court system.
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Description
Explore the essential concepts of pretrial detention, bail, and plea bargaining in the criminal justice system. This quiz serves to enhance your understanding of trial procedures and the implications of these important legal practices. Test your knowledge and grasp the significance of these processes in ensuring justice.
