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Questions and Answers
The U.S. Supreme Court ordered California to reduce its prison population to properly care for inmate needs, including __________ care.
The U.S. Supreme Court ordered California to reduce its prison population to properly care for inmate needs, including __________ care.
medical
In 2005, the U.S. Supreme Court reaffirmed that California's 60-day segregation policy was __________ and unconstitutional.
In 2005, the U.S. Supreme Court reaffirmed that California's 60-day segregation policy was __________ and unconstitutional.
discriminatory
Megan's Law requires local authorities to notify the public of sex offenders' release and __________.
Megan's Law requires local authorities to notify the public of sex offenders' release and __________.
status
The doctrine of __________ patriae indicates that the state has a responsibility to look after the well-being of children.
The doctrine of __________ patriae indicates that the state has a responsibility to look after the well-being of children.
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Juveniles transferred to adult court have higher __________ rates compared to those who remain in juvenile court.
Juveniles transferred to adult court have higher __________ rates compared to those who remain in juvenile court.
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GPS or Electronic monitoring is the use of technology to monitor an offender's ______
GPS or Electronic monitoring is the use of technology to monitor an offender's ______
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The ______ security prison houses violent and repeat offenders.
The ______ security prison houses violent and repeat offenders.
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The largest street gang in America is the ______, known for wearing the color blue.
The largest street gang in America is the ______, known for wearing the color blue.
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The ______ gang was founded in 1966 at San Quentin and has ties to the black panther party.
The ______ gang was founded in 1966 at San Quentin and has ties to the black panther party.
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Inmates in medium-security prisons make up about ______ percent of the prison population.
Inmates in medium-security prisons make up about ______ percent of the prison population.
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The oldest prison gang in the U.S. is the ______, established in 1957.
The oldest prison gang in the U.S. is the ______, established in 1957.
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Hispanic gangs in California include the Surenos and ______.
Hispanic gangs in California include the Surenos and ______.
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The economic burden of incarceration is significant, with costs around ______ per year per inmate in California.
The economic burden of incarceration is significant, with costs around ______ per year per inmate in California.
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District Attorneys (DA) are ______ who file cases on behalf of the people of the State of California.
District Attorneys (DA) are ______ who file cases on behalf of the people of the State of California.
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District Attorneys have ______ to decide whether an arrestee will be charged with a crime.
District Attorneys have ______ to decide whether an arrestee will be charged with a crime.
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The ______ is the prosecutor at the state and federal levels.
The ______ is the prosecutor at the state and federal levels.
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Defense attorneys have the responsibility to ______ by investigating the facts.
Defense attorneys have the responsibility to ______ by investigating the facts.
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To prove inadequate defense counsel, the defendant must show that the attorney's performance was ______.
To prove inadequate defense counsel, the defendant must show that the attorney's performance was ______.
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According to the Eighth Amendment, ______ is the dollar amount to secure that the defendant will appear for criminal proceedings.
According to the Eighth Amendment, ______ is the dollar amount to secure that the defendant will appear for criminal proceedings.
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A ______ occurs when a judge determines if there is sufficient evidence to hold a defendant over for trial.
A ______ occurs when a judge determines if there is sufficient evidence to hold a defendant over for trial.
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______ is a process where each side can evaluate the evidence the other will present.
______ is a process where each side can evaluate the evidence the other will present.
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Black males receive about 20 percent more severe sentences than ______ males for the same crimes.
Black males receive about 20 percent more severe sentences than ______ males for the same crimes.
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The ______ Reform Act created strict guidelines for sentencing.
The ______ Reform Act created strict guidelines for sentencing.
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A ______ hearing is for felonies and determines if sufficient evidence exists to take a case to trial.
A ______ hearing is for felonies and determines if sufficient evidence exists to take a case to trial.
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The phrase ______ means a defendant does not contest the issue of guilt or innocence.
The phrase ______ means a defendant does not contest the issue of guilt or innocence.
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In the case of ______ v. Wainwright, it was established that a defendant is entitled to adequate representation.
In the case of ______ v. Wainwright, it was established that a defendant is entitled to adequate representation.
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Probation officers are responsible for supervising probationers and ______ while they are on community-based incarceration.
Probation officers are responsible for supervising probationers and ______ while they are on community-based incarceration.
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The Jeanne ______ Act requires colleges and universities to publish crime statistics on their campuses.
The Jeanne ______ Act requires colleges and universities to publish crime statistics on their campuses.
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About ______ percent of parolees return to prison after being released.
About ______ percent of parolees return to prison after being released.
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The Fifth Amendment protects and prohibits citizens from ______, which is trying the same offense twice.
The Fifth Amendment protects and prohibits citizens from ______, which is trying the same offense twice.
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______ is a formal request from someone who is imprisoned to appear before a judge to hear their claim of being held illegally.
______ is a formal request from someone who is imprisoned to appear before a judge to hear their claim of being held illegally.
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The basic rationale for sentencing criminals includes retribution, deterrence, incarceration, and ______.
The basic rationale for sentencing criminals includes retribution, deterrence, incarceration, and ______.
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The principle of ______ holds that the severity of the punishment should be proportionate to the severity of the crime.
The principle of ______ holds that the severity of the punishment should be proportionate to the severity of the crime.
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______ is monetary compensation paid to the victim for damages done by the offender's criminal actions.
______ is monetary compensation paid to the victim for damages done by the offender's criminal actions.
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______ is where the laws set a fixed time for sentencing and a judge cannot adjust the sentencing time.
______ is where the laws set a fixed time for sentencing and a judge cannot adjust the sentencing time.
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Truth-in-sentencing laws ensure that violent convicts complete at least ______ percent of their prison sentence before being considered for release.
Truth-in-sentencing laws ensure that violent convicts complete at least ______ percent of their prison sentence before being considered for release.
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Disparities in sentencing can be attributed to the defendant's gender, race, or ______.
Disparities in sentencing can be attributed to the defendant's gender, race, or ______.
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Critics of plea bargains argue even innocent people may take a plea if there is a slight chance they might lose in trial, as the sentences are stronger than a Judge might render in ______.
Critics of plea bargains argue even innocent people may take a plea if there is a slight chance they might lose in trial, as the sentences are stronger than a Judge might render in ______.
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The ______ guarantees the accused the right to a speedy public trial and an impartial jury of peers.
The ______ guarantees the accused the right to a speedy public trial and an impartial jury of peers.
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The presumption of ______ means a defendant is considered innocent until proven guilty.
The presumption of ______ means a defendant is considered innocent until proven guilty.
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In the American criminal justice system, a trial typically utilizes a ______ jury.
In the American criminal justice system, a trial typically utilizes a ______ jury.
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[Blank] is the process of selecting a jury, where both sides question potential jurors for bias.
[Blank] is the process of selecting a jury, where both sides question potential jurors for bias.
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During the trial, ______ examination is the questioning of a witness by the attorney who called them.
During the trial, ______ examination is the questioning of a witness by the attorney who called them.
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The burden of proof in a criminal proceeding is to prove the defendant's guilt ______ a reasonable doubt.
The burden of proof in a criminal proceeding is to prove the defendant's guilt ______ a reasonable doubt.
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A ______ for cause is a legally justifiable reason why a juror is unfit to serve.
A ______ for cause is a legally justifiable reason why a juror is unfit to serve.
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Study Notes
Pretrial Procedures: The Adversary System
- District Attorneys (DAs) are the prosecutors, representing the state, and have significant power in deciding charges and punishments.
- Defense attorneys represent defendants, zealously defending their clients and potentially negotiating plea bargains.
- Public Defenders are county or state employees who provide legal counsel to defendants.
- The U.S. Supreme Court established standards for adequate legal representation (Gideon v. Wainright).
- Bail, a monetary amount, is set to ensure a defendant appears for further proceedings, as per the Eighth Amendment, it cannot be excessive or unreasonable.
- Preliminary hearings determine if there's enough evidence to proceed to trial.
- Discovery is a process where each side evaluates evidence and requests relevant documents.
- Plea bargains are negotiations between prosecutors and defense attorneys to reduce charges.
Criminal Trial Process
- The Sixth Amendment guarantees the right to a speedy public trial by an impartial jury.
- Gideon v. Wainright ensured adequate legal representation throughout critical stages.
- American trials typically use 12-person juries.
- Defendants are presumed innocent until proven guilty beyond a reasonable doubt.
- Voir dire is the jury selection process; both sides question potential jurors to assess bias.
- Challenges for cause allow for the removal of biased jurors, while peremptory challenges allow for removal of jurors without a stated reason, but are limited in number.
- Opening statements outline the case's facts and evidence.
- Evidence presented in court must prove or disprove a fact.
- Objections to evidence are made; the judge rules on admissibility.
- Prejudicial evidence, or evidence that might lead to emotional bias, is often excluded.
- Witnesses are questioned through direct (by the calling attorney) and cross-examination (by the opposing attorney).
- Hearsay evidence is frequently complex.
Punishment and Sentencing
- Basic sentencing rationale includes retribution, deterrence, incapacitation, and rehabilitation.
- Just deserts theory states that sentencing should match the severity of the crime.
- Rehabilitation aims to reform criminals, while restorative justice focuses on repairing the harm caused to victims.
- Restitution involves compensating victims for damages.
- Types of sentencing include determinate (fixed terms) and indeterminate (minimum-maximum terms).
Court Procedures, Probation, Sentencing
- The court process begins with arrest and concludes with sentencing.
- Preliminary hearings provide a process to determine if there is sufficient evidence for a trial.
- Nolo contendere means a defendant doesn't contest guilt, but doesn't admit guilt either.
- Gideon v. Wainright ensures adequate legal representation during all critical stages.
- Principles of probation involve safety and rehabilitation for the community. Cases are difficult to monitor.
- Probation violations can lead to revocation.
Prison, Jails, Gangs
- Prison systems employ different models such as custodial, rehabilitation, and reintegration.
- Different types of prisons (maximum, supermax).
- Incarceration is a costly issue for society.
- California has various prison gangs, often associated with specific demographics (race).
- Key prison gangs include the Crips (blue), the Bloods (red), the Mexican Mafia, and the Aryan Brotherhood.
- Victim Impact Statements (VIS) provide a perspective to sentencing bodies on the victim's experience.
- Recent legal decisions impacting prisons include Brown v. Plata, aimed at reducing overpopulation.
Juvenile Justice System
- The state acts as a guardian (parens patriae) over juveniles.
- Juvenile courts are focused on treatment and rehabilitation, not punishment.
- Juveniles have rights to legal counsel, as established by In re Gault, including freedom from self-incrimination.
- Transferring juveniles to adult court can have higher recidivism rates.
- Drug use, abuse, and other issues can lead to delinquency issues for juveniles.
Prison Population Composition
- Many inmates are under 35, often involved in drug offenses and immigration violations.
- Rehabilitation and prison programs aim to improve prisoners' health.
Juvenile Transfer to Adult Court Cases
- The state (parens patriae) acts as guardian over juveniles.
- Treatment rather than punishment is the focus of juvenile courts.
- The right to legal counsel was clarified in In re Gault.
- A transfer to adult court could increase recidivism.
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Description
Explore the various aspects of pretrial procedures and the criminal trial process within the adversary system. This quiz covers roles of attorneys, standards for representation, and key processes like bail, preliminary hearings, and plea bargaining. Test your knowledge on significant legal principles and amendments that shape the criminal justice system.
