Problems Of Criminal Judiciary Final Exam Study Guide PDF

**PROBLEMS OF CRIMINAL JUDICIARY** **FINAL EXAM STUDY GUIDE:** [Terms/Cases/Clauses:] **Double jeopardy (5th Amendment) --** clause in the Fifth Amendment that prevents the state or federal government from prosecuting an individual for the same crime more than once. **Indeterminate sentence --**...

**PROBLEMS OF CRIMINAL JUDICIARY** **FINAL EXAM STUDY GUIDE:** [Terms/Cases/Clauses:] **Double jeopardy (5th Amendment) --** clause in the Fifth Amendment that prevents the state or federal government from prosecuting an individual for the same crime more than once. **Indeterminate sentence --** sentencing system in which the legislature specifies a minimum and maximum sentence for each offense or class of offenses. The judge imposes either a minimum and a maximum term of years or the maximum term only. The parole board decides when the offender will be released from prison. **Burden of Proof** -- Each element of the offense charged must be proven "beyond a reasonable doubt" for the jury to return a guilty verdict. If the prosecution fails to establish this burden, then the jury must return a "not guilty" verdict. Determining whether the prosecution has failed to meet its burden of proof is different from determining whether the defendant is innocent. That is why the verdict delivered is "not guilty" rather than "innocent." Absolute Certainty, Beyond a Reasonable Doubt (criminal trials), Clear and Convincing Evidence (civil trials for fraud; substantial loss of liberty; habeas corpus), Preponderance of the Evidence (civil trials), Probable Cause (pretrial) **"key man" system** -- system under which court clerks and jury commissioners would consult with civic and political leaders (the "key men") for input on who should be placed on the master list of potential jurors. Predictably, these "blue-ribbon" juries were not representative of the community and included a disproportionately high number of middle- and upper-class middle-aged White men. **Direct examination** -- questioning of a witness by the attorney who called the witness to the stand. **Bench trial** -- cases tried by the judge alone, without a jury---judges determine whether the prosecutor has proven the defendant's guilt beyond a reasonable doubt. If the defendant pleads guilty or is found guilty at trial, the judge determines what the sentence will be. **Self-incrimination clause (5th Amendment)** -- according to the Fifth Amendment, "no person... shall be compelled in any criminal case to be a witness against himself." That is, any person charged with an offense cannot be compelled to testify against himself or herself in a criminal trial. **Sentencing guidelines** -- according to the Fifth Amendment, "no person... shall be compelled in any criminal case to be a witness against himself." That is, any person charged with an offense cannot be compelled to testify against himself or herself in a criminal trial. **Challenge for cause** -- during the jury selection process, the method used by the prosecutor or the defense attorney to remove impartial prospective jurors from the jury pool. Jurors can be removed, for example, if there is evidence that they are biased against one side or the other or if they have made up their minds about the defendant's guilt or innocence prior to hearing the evidence in the case. **Writ of habeas corpus** -- an order requesting that a prisoner be brought before the court so that the constitutionality of their confinement can be reviewed. In the United States, the process begins when an individual who is incarcerated petitions a district court or the U.S. Supreme Court for a writ of habeas corpus. If the court grants the petition and issues the writ, the individual's case will be reviewed. **harmless error** -- rule that states that an error that would not have altered the outcome of the case (i.e., a harmless error) does not require the appellate court to overrule the offender's conviction or sentence. **Allen charge** -- jury instructions given to a hung jury urging them to agree on a verdict. Allen charges are controversial as some claim they overly pressure parts of the jury to change their opinions and cave to peer pressure, especially minority opinions. Because of this, many states do not allow Allen charges, but the Federal courts may use Allen charges. The name "Allen" charge comes from the case Allen v. United States (1896) where the Supreme Court ruled these types of jury instructions were allowed in Federal courts. **Overcharging** -- when a prosecutor brings more serious charges than are warranted against a defendant or when a business overcharges a customer. **Real evidence** -- evidence that can be admitted into trial that consists of tangible items such as weapons used in the crime, DNA or fingerprints collected at the crime scene, or other "real" objects relevant to the case. **Direct evidence** -- evidence, such as eyewitness testimony, that by itself proves (or disproves) a fact that is at issue in a case. **Master jury list** **(Jury wheel)** -- the first step in the jury selection process that involves a jurisdiction establishing a list of all potential jurors within its jurisdictional boundaries who can be chosen at random to report for jury duty as needed. **Expert testimony** -- witnesses relied on to introduce scientific and other complicated forms of evidence. **Specific deterrence** -- use of punishment to dissuade offenders from reoffending. An offender who has been legally punished ceases offending because of a fear of future punishment. **Selective incapacitation** -- punishment philosophy that holds that offenders who are dangerous and likely to commit additional crimes should be incapacitated through a jail or prison sentence. Involves predicting that an individual offender, or offenders with certain characteristics, will commit additional crimes if not locked up. **Rape shield laws** -- designed to limit the admissibility of evidence of the victim's past sexual conduct. The laws range from the less restrictive, which permit evidence of sexual conduct to be admitted if it is shown to be relevant, to the most restrictive, which prohibit such evidence unless it involves a prior sexual relationship between the victim and the defendant. **Hung jury** -- occurs when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity. Not all jurisdictions require a unanimous verdict in civil or criminal cases. In those states where the verdict must be unanimous, if the jury is deadlocked and the judge believes that further deliberations would be pointless, they may excuse the jury and order a new trial. This is similar to a declaration of mistrial. In these situations, there has been neither an acquittal nor a conviction. **Antiterrorism and Effective Death Penalty Act** -- a law that was passed by Congress in response to the bombings of the World Trade Center and Oklahoma City. AEDPA supporters heralded it as a significant bipartisan achievement that would help root out terrorism. Critics claimed that its very name, with emphasis on the death penalty, was evidence that it would do little, if anything, to combat domestic terrorism. **"Liberation hypothesis" (jury deliberations)** -- an explanation for research findings suggesting that legally irrelevant factors (e.g., the race or gender of the defendant and victim, the behavior of the victim at the time of the crime) come into play primarily in cases where the evidence is ambiguous and the outcome is therefore less predictable. The liberation hypothesis suggests that when the evidence is uncertain, jurors will be "liberated" from the constraints imposed by the law and will therefore feel free to take legally irrelevant factors into consideration during decision making. **"Caseload hypothesis" (plea bargaining)** -- the process of negotiating a guilty plea. Typically involves either charge bargaining, where the prosecutor will offer to reduce the severity of the charges or the number of counts in exchange for a guilty plea, or sentence bargaining, where the prosecutor will agree to recommend leniency at the sentencing stage. **Acquittal** -- occurs when a jury votes unanimously that the defendant has not been proven guilty "beyond a reasonable doubt," which is the burden of proof in a criminal case. An acquittal, or "not guilty" verdict, does not necessarily mean that the defendant did not commit the crime for which they were charged; it simply means that the state was unable to meet the high burden of proof necessary for conviction. **hearsay evidence** -- evidence provided by a witness that is based on information provided to the witness by someone else. Generally inadmissible, although there are a number of exceptions. **probative value of evidence** -- the extent to which evidence can prove a fact in question. **Venire** -- the list of names from which actual jurors will be chosen. Also known as the jury pool. **cross examination** -- questioning that follows the direct examination of a witness. The attorney who did not call the witness to the stand has an opportunity to question the witness about the statements made during the direct examination. **voir dire** -- "to tell the truth" -- Prospective jurors are questioned under oath by the attorneys and the judge to help determine their appropriateness to sit as a juror for a specific trial **Interlocutory appeals** -- an appeal filed prior to adjudication of a criminal case. This type of appeal focuses on critical constitutional questions that have no bearing on the defendant's guilt (or lack of). **Peremptory challenge** -- during the jury selection process, the prosecutor and the defense attorney each have a limited number of peremptory challenges, which they can use to excuse prospective jurors from the jury pool without giving reasons for removing them. **Jury trial penalty** -- penalty or "tax" imposed on defendants who do not plead guilty but who insist on a jury trial. Notion that defendants who go to trial will get harsher sentences than those who plead guilty. **reversible error** -- a significant legal mistake made during a trial that can lead to a higher court overturning the judgment. It\'s different from a harmless error. **Mistrial** -- A mistrial may be declared if a legal error occurs during a trial that unfairly prejudices the defendant and cannot be cured by the court. **bifurcated trial (capital cases)** -- means that the trial is conducted in two stages. A common division is to determine liability or guilt in the first stage and damages or penalties in the second. For example, in criminal proceedings, the guilt or innocence of the defendant is determined in one stage, and the penalty or insanity is determined in the other. In personal injury cases, the issues of liability and damages are also heard separately. Also termed a two-stage trial. **testimonial evidence** -- a classification of evidence that includes the actual testimony provided by a witness during a trial. Real evidence is introduced using testimonial evidence. **Circumstantial evidence** -- evidence that requires the judge or jury to make inferences about what happened at the scene of the crime or judgments about the defendant's role in the crime. Also referred to as indirect evidence. **One-day/one trial system (for juries)** -- a number of courts have implemented systems in which jury service lasts only one day or one trial, eliminating lengthy terms of jury service that have caused problems in the past. These measures have a positive effect on juror yields and have been part of an overall movement to reform the jury system **forensic scientific evidence** -- In 2009, the National Academy of Sciences issued a highly critical report on the forensic evidence that police and prosecutors often rely on in criminal trials, including fingerprints, firearms identification, and analysis of bite marks, blood spatter, hair, and handwriting. The report noted that, with the possible exception of DNA evidence, there was little scientific basis for the claims made about the reliability or infallibility of forensic evidence. **general deterrence** -- use of punishment to dissuade prospective offenders. Potential offenders learn of the consequences of criminal involvement (for actual offenders) and decide not to risk subjecting themselves to such punishment. **"Wedding cake model" of criminal trials** -- **Confrontation clause (6th Amendment)** -- Sixth Amendment clause that provides, "In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him." It guarantees the defendant's right to face and confront any witness or evidence offered by the prosecution in a criminal trial or other proceedings substantially related to their ability to defend against the charges faced.**\ jury nullification** -- a jury's decision to acquit the defendant despite overwhelming evidence that the defendant is guilty. The jury's decision is motivated either by a belief that the law under which the defendant is being prosecuted is unfair or by an objection to the application of the law in a particular case. **Alford plea** -- a plea in which the defendant enters a guilty plea but denies having committed the crime to which they are pleading. **Ad hoc plea bargaining** -- term used to refer to unusual concessions defendants agree to make during the plea negotiation process. **Day fines** -- a type of fine originating in Europe and Latin America. The fine that the offender is ordered to pay is calibrated both to the seriousness of the offense and to the offender's ability to pay. [Cases:] **Griffin v. CA (1965)** -- if a defendant chooses not to testify at trial, the prosecutor cannot comment on the defendant's silence, because doing so would limit the privilege against self-incrimination by suggesting that a defendant's assertion of a constitutional right was somehow evidence of something to hide. **Duncan v. Louisiana (1968)** -- involved a prosecution for simple battery, a misdemeanor punishable by up to 2 years in prison. Under Louisiana law, only defendants charged with crimes with a potential punishment of death or imprisonment at hard labor were entitled to a jury trial. Duncan was convicted at a bench trial and sentenced to 60 days in jail. After losing his appeal to the Louisiana Supreme Court, he sought review at the U.S. Supreme Court on the grounds that his right to a trial by jury for a crime punishable by 2 years in prison was violated.The Supreme Court agreed to hear the case and held that the right to trial by jury for serious offenses was a fundamental right and applicable to the states. **United States v Booker (2005)** -- Supreme court's decision in 2005 that U.S. district court judges are not required to follow the federal sentencing guidelines **Batson v. Kentucky (1986)** -- In 1986, the Supreme Court, in the case of Batson v. Kentucky, held that a prosecutor's use of peremptory challenges based on race violated the Equal Protection Clause of the Fourteenth Amendment. In Batson, the prosecution used its peremptory challenges to remove all four Black members of the jury panel. Batson's attorney objected, arguing that the deliberate removal of all members of the defendant's race violated his rights to a jury selected from a fair cross section of the community as well as equal protection under the law. The judge denied the motion, stating that the parties were entitled to use their peremptory challenges as they saw fit. Batson was subsequently convicted by an all-White jury. **Herrera v. Collins (1993)** -- Ruled that a death row inmate's claim of "actual innocence" did not entitle him to federal habeas relief unless there was an accompanying federal constitutional violation. As the majority opinion noted, "Federal habeas courts do not sit to correct errors of fact but to ensure that individuals are not imprisoned in violation of the Constitution. Thus, claims of actual innocence based on newly discovered evidence have never been held to state a ground for federal habeas relief absent an independent constitutional violation occurring in the course of the underlying state criminal proceedings" **Ramos v. Louisiana (2020)** -- the Supreme Court changed paths and held that the Sixth Amendment right to a jury trial requires unanimous jury verdicts in state felony criminal cases. [Other things to know...] **Types of plea bargaining (charge bargain, count bargain, sentence bargain)** - - - **Explanations for why plea bargaining exists in the criminal justice system** - - **Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury" (know how the U.S. Supreme Court has interpreted this right)** **Standards governing the admissibility of evidence at trial: probative, relevance, reliability, undue prejudice** - - - - **Constitutional standards for the scope of trial by jury (when a jury must be used); size of the jury; and whether unanimous verdicts are required** - - - - - - **Jury selection (goals of jury selection, jury pool, venire, voir dire)** - - - **Jury challenges (challenge for cause and peremptory challenges; limits on both)** **The trial process and what occurs at each step (opening statements, prosecution case-in chief, motion for directed verdict, defense case-in-chief, rebuttal, closing arguments, jury instructions, jury deliberations, announcement of verdict)** - - - - - - - - **Burdens of proof (beyond a reasonable doubt, clear and convincing evidence, and preponderance of evidence)** - - - **Jury Deliberations: difference between "innocent" and "not guilty"; how researchers study jury decision making and what they have learned about the process of reaching a verdict** - **Theories of punishment (retributive and utilitarian justifications for punishment): retribution, incapacitation, deterrence, rehabilitation** - - - - - **Sentencing options (fines, probation, intermediate sanctions, imprisonment, capital punishment)** - - - - - **Effects of "tough-on-crime" politics on sentencing: mandatory minimums, three-strikes, truth in sentencing, etc.** - **Causes and consequences of mass incarceration** **Appeals and post-conviction remedies: difference between direct appeals and collateral attacks** - - -