Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
1. The Courts: The purpose of them is to hear cases and to dispense justice in the form of guilt or innocence.
2. Dual Court System: Federal Courts and State Courts
- This was done to preserve states rights by giving them their own court system to create their own laws and to govern
themselves.
3. State Courts (Three Tiers): 1. Trial Courts
2. Appellate Courts
3. State Supreme Court
4. State Courts: These originated in the original 13 colonies while they were under the control of the British
Empire. They hold State-Level Jurisdiction.
5. Original Jurisdiction: The ability to hear cases from their beginning to their end and to determine guilt or
innocence for those cases.
6. Appellate Jurisdiction: The ability/authority to hear a cases after it has been through the trial process in
order to examine the cases' legalities.
7. Trial Court: These hold original jurisdiction. They hear cases from start to end and determine guilt or innocence.
These also deal with all pre-trial activities, trial activities, and sentencing.
8. Appellate Court: Trial cases/State cases can be appealed to these courts by either the defendant's request
or the state's request. The defendant or the state can then request an appeal to the State or the Federal Supreme Court.
The Federal Supreme Court only hears cases on Constitutional Rights. 39 States have this form of court. They examine
the legality of the case to make sure standard procedure was followed.
They Can Do 1 of 3 Things:
1. Agree/Affirm the Decision/Ruling
2. Reverse the Decision/Ruling and overturn the Conviction
3. Remand the Cases for a Re-Trial due to bad procedural structure of the trial or legal technicalities
9. Specialty Courts: These only exist on the state-level. They handle lesser cases in order to reduce the load on
the court system as a whole.
, Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
1. Dispute Resolution Centers:
- These are separate from the court system. They act as mediators to handle non-criminal issues such as divorce issues,
custody issues, etc. They can hear small criminal cases such as those involving petty theft or minor fraud.
2. Community Courts:
- These are actually part of the court system. They deal with both minor civil and criminal crimes. They can prescribe
fines, prison time, house arrest, etc.
3. Specialized Courts:
- These handle small crimes, low-level offenders, and specific populations. Ex: Drug Court, Teen Court, Family Court,
DUI Court, etc.
-They are used to rehabilitate and for problem solving over incarceration or punishment.
10. Federal Courts: They originate from Article 3, Section 1 of the U.S. Constitution. They hold jurisdiction over
Federal Laws/Crimes and Cross-State Laws/Crimes.
11. U.S. District Courts (Federal Trial Courts): There are 94 Federal Districts. All states have at least
one of these. Ex: Florida has 5. All federal judges for these courts are appointed by the President of the U.S., while states
elect their judges. They hold original jurisdiction. They deal with cases/crimes that involve state-crossing, kidnapping,
drug trafficking, etc. They determine guilt/innocence for the defendants.
12. U.S. Court of Appeals (Federal Appellate Courts): There are 12 of these in the United States
with a technical 13th one that exists for Federal Agencies. These hold appellate jurisdiction. They review cases for
laws/rights at the request of the federal government or the defendant. They can Agree, Remand, or Reverse cases just
like state courts.
13. U.S. Supreme Court (Federal Supreme Court): This is the default for federal courts. It is made
up of 9 Justices that are appointed by the President of the U.S. It is located in Washington D.C. It deals with Constitutiona
rights/issues. To be heard by this court you must apply with the Writ of Cert, the act of making your case to be able
to plead your case. You must detail and outline why this court should hear your case. Judges vote to hear your case or
not, and at least four of the judges must vote yes to be seen. If you are seen, you have to be speedy and straight to the
point.
It holds the power of Judicial Review. They can hear cases/review laws if Constitutional Rights are at stake. It is used to
make sure that the Constitution is upheld in all states.
, Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
14. Judge: They rule on law, weight objections, decide on the admissibility of evidence, sentence offenders, decide
guilt/innocence, discipline court attendees, and preside over the court.
15. Prosecutor: They supervise the staff of the assistant district attorneys, serve as a quasi-legal advisor, have the
burden of proof/prove the defendant committed the act/provide all of the evidence, make presentations to parole
boards, file appeals for the state, and they have discretion over charges, sentences, and plea bargains.
16. Defense Council: They are hired/state appointed, represent the accused, deal with plea negotiations,
prepare a defense, call witnesses, refutes prosecutor's case, presents arguments at the time of sentencing, file appeals,
and they poke holes/doubts into the case to remove "beyond a reasonable doubt".
Types:
1. Privately Hired
2. Court/State Appointed
- 1. Assigned Council (Non-State funded, volunteer to be council, serve a private company)
- 2. Public Defender (State-Funded, represent anybody who can't afford an attorney)
- 3. Contractual Arrangement (Only make a certain, private law firm serve the state for cases for a certain length of time
or for the pay from the courts.
17. Bailiff: A court-appointed, uniformed officer that keeps the peace and upholds the rules in court.
18. Court Reporters: They type up all aspects/details of a court case.
19. Clerk of Courts: They prepare the jury and do background/administrative tasks.
20. Expert Witnesses: They are paid by the prosecution/defense to give important information about details,
ideas, and aspects of a case. They are used to swing a case towards one side or the other. There are usually an array of
them for each case. They only give their opinions on data/information.
21. Lay Witnesses: Non-paid witnesses that are forced/court-ordered to be in court to give their testimony. They
only give facts, and they never give opinions. They are the major eye-witnesses to a crime.
22. Jurors of the Jury: These are court-ordered individuals that are compensated with food/water for their
time. If enough time passes, then they will be given monetary compensation for lost wages. They determine/vote on
guilt/innocence and typically are made up of a group of 8-15.
23. The Victim: Appear in court if the crime had one. These are the people that were harmed by an act/crime.
24. The Defendant: They are the accused who are being put on trial.
, Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
25. Hung Jury: This is where a jury can't determine guilt/innocence (100%) for the vote, so the whole trial has to
be done again with a brand new jury to deal with the determination of guilt/innocence.
26. Plea Bargain: This is a Pre-Trial Process. 95% of all felonies are from a guilty plea. Guilty pleas can be used
for a reduced sentence or a reduced charge. It is a necessary evil/component of the system that is used to lessen the
load on the court system. They increase speed, increase profits, and avoid the truth. Guilty Plea = Guilty Conviction.
27. Plea Bargain Problems: All the issues with the conviction follow you forever due to the plea. It has a high
potential for misuse. It gives overly lenient sentences. Some defendants don't understand all aspects of the bargain. It
is used to maximize court profits and time management. Incompetent/busy defense attorneys usually give poor legal
advice regarding these. It is founded under the "Mutual Interest for All" principle.
28. Role of the Courts: To administer justice/hold people accountable for their actions.
29. First Appearance: This is the first time a suspect comes into contact with the system. This occurs within 48
hours of an arrest (McNeb vs. U.S.). Charges are read and bail is set if it is applicable. The judge makes sure the arrest
was legal, reads the charges, appoints attorneys, and decides on pre-trial release with/without bail.
30. Bail: Is a Pre-Trial release used to avoid wrongful imprisonment and it is given to less serious/low-level offenders.
It is usually in the form of a cash bond/deposit of collateral. There is no constitutional right for bail, only a right to
non-excessive bail. 93% of felony defendants can't make bail.
2 Forms:
1. Full amount of money upfront
2. Bail-Bondsman (a loan) pays the way
31. Alternatives to Bail: 1. Release on Recognizance
- released on reputation/status
2. Property Bond
- offer value of a house/car in exchange for bail
3. Signature Bonds (Contract)
- a person signs off to show up to court
-typically only done for minimal offenses like traffic incidents
Study online at https://quizlet.com/_hv7fsx
1. The Courts: The purpose of them is to hear cases and to dispense justice in the form of guilt or innocence.
2. Dual Court System: Federal Courts and State Courts
- This was done to preserve states rights by giving them their own court system to create their own laws and to govern
themselves.
3. State Courts (Three Tiers): 1. Trial Courts
2. Appellate Courts
3. State Supreme Court
4. State Courts: These originated in the original 13 colonies while they were under the control of the British
Empire. They hold State-Level Jurisdiction.
5. Original Jurisdiction: The ability to hear cases from their beginning to their end and to determine guilt or
innocence for those cases.
6. Appellate Jurisdiction: The ability/authority to hear a cases after it has been through the trial process in
order to examine the cases' legalities.
7. Trial Court: These hold original jurisdiction. They hear cases from start to end and determine guilt or innocence.
These also deal with all pre-trial activities, trial activities, and sentencing.
8. Appellate Court: Trial cases/State cases can be appealed to these courts by either the defendant's request
or the state's request. The defendant or the state can then request an appeal to the State or the Federal Supreme Court.
The Federal Supreme Court only hears cases on Constitutional Rights. 39 States have this form of court. They examine
the legality of the case to make sure standard procedure was followed.
They Can Do 1 of 3 Things:
1. Agree/Affirm the Decision/Ruling
2. Reverse the Decision/Ruling and overturn the Conviction
3. Remand the Cases for a Re-Trial due to bad procedural structure of the trial or legal technicalities
9. Specialty Courts: These only exist on the state-level. They handle lesser cases in order to reduce the load on
the court system as a whole.
, Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
1. Dispute Resolution Centers:
- These are separate from the court system. They act as mediators to handle non-criminal issues such as divorce issues,
custody issues, etc. They can hear small criminal cases such as those involving petty theft or minor fraud.
2. Community Courts:
- These are actually part of the court system. They deal with both minor civil and criminal crimes. They can prescribe
fines, prison time, house arrest, etc.
3. Specialized Courts:
- These handle small crimes, low-level offenders, and specific populations. Ex: Drug Court, Teen Court, Family Court,
DUI Court, etc.
-They are used to rehabilitate and for problem solving over incarceration or punishment.
10. Federal Courts: They originate from Article 3, Section 1 of the U.S. Constitution. They hold jurisdiction over
Federal Laws/Crimes and Cross-State Laws/Crimes.
11. U.S. District Courts (Federal Trial Courts): There are 94 Federal Districts. All states have at least
one of these. Ex: Florida has 5. All federal judges for these courts are appointed by the President of the U.S., while states
elect their judges. They hold original jurisdiction. They deal with cases/crimes that involve state-crossing, kidnapping,
drug trafficking, etc. They determine guilt/innocence for the defendants.
12. U.S. Court of Appeals (Federal Appellate Courts): There are 12 of these in the United States
with a technical 13th one that exists for Federal Agencies. These hold appellate jurisdiction. They review cases for
laws/rights at the request of the federal government or the defendant. They can Agree, Remand, or Reverse cases just
like state courts.
13. U.S. Supreme Court (Federal Supreme Court): This is the default for federal courts. It is made
up of 9 Justices that are appointed by the President of the U.S. It is located in Washington D.C. It deals with Constitutiona
rights/issues. To be heard by this court you must apply with the Writ of Cert, the act of making your case to be able
to plead your case. You must detail and outline why this court should hear your case. Judges vote to hear your case or
not, and at least four of the judges must vote yes to be seen. If you are seen, you have to be speedy and straight to the
point.
It holds the power of Judicial Review. They can hear cases/review laws if Constitutional Rights are at stake. It is used to
make sure that the Constitution is upheld in all states.
, Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
14. Judge: They rule on law, weight objections, decide on the admissibility of evidence, sentence offenders, decide
guilt/innocence, discipline court attendees, and preside over the court.
15. Prosecutor: They supervise the staff of the assistant district attorneys, serve as a quasi-legal advisor, have the
burden of proof/prove the defendant committed the act/provide all of the evidence, make presentations to parole
boards, file appeals for the state, and they have discretion over charges, sentences, and plea bargains.
16. Defense Council: They are hired/state appointed, represent the accused, deal with plea negotiations,
prepare a defense, call witnesses, refutes prosecutor's case, presents arguments at the time of sentencing, file appeals,
and they poke holes/doubts into the case to remove "beyond a reasonable doubt".
Types:
1. Privately Hired
2. Court/State Appointed
- 1. Assigned Council (Non-State funded, volunteer to be council, serve a private company)
- 2. Public Defender (State-Funded, represent anybody who can't afford an attorney)
- 3. Contractual Arrangement (Only make a certain, private law firm serve the state for cases for a certain length of time
or for the pay from the courts.
17. Bailiff: A court-appointed, uniformed officer that keeps the peace and upholds the rules in court.
18. Court Reporters: They type up all aspects/details of a court case.
19. Clerk of Courts: They prepare the jury and do background/administrative tasks.
20. Expert Witnesses: They are paid by the prosecution/defense to give important information about details,
ideas, and aspects of a case. They are used to swing a case towards one side or the other. There are usually an array of
them for each case. They only give their opinions on data/information.
21. Lay Witnesses: Non-paid witnesses that are forced/court-ordered to be in court to give their testimony. They
only give facts, and they never give opinions. They are the major eye-witnesses to a crime.
22. Jurors of the Jury: These are court-ordered individuals that are compensated with food/water for their
time. If enough time passes, then they will be given monetary compensation for lost wages. They determine/vote on
guilt/innocence and typically are made up of a group of 8-15.
23. The Victim: Appear in court if the crime had one. These are the people that were harmed by an act/crime.
24. The Defendant: They are the accused who are being put on trial.
, Intro to Criminal Justice Final Exam Study Guide
Study online at https://quizlet.com/_hv7fsx
25. Hung Jury: This is where a jury can't determine guilt/innocence (100%) for the vote, so the whole trial has to
be done again with a brand new jury to deal with the determination of guilt/innocence.
26. Plea Bargain: This is a Pre-Trial Process. 95% of all felonies are from a guilty plea. Guilty pleas can be used
for a reduced sentence or a reduced charge. It is a necessary evil/component of the system that is used to lessen the
load on the court system. They increase speed, increase profits, and avoid the truth. Guilty Plea = Guilty Conviction.
27. Plea Bargain Problems: All the issues with the conviction follow you forever due to the plea. It has a high
potential for misuse. It gives overly lenient sentences. Some defendants don't understand all aspects of the bargain. It
is used to maximize court profits and time management. Incompetent/busy defense attorneys usually give poor legal
advice regarding these. It is founded under the "Mutual Interest for All" principle.
28. Role of the Courts: To administer justice/hold people accountable for their actions.
29. First Appearance: This is the first time a suspect comes into contact with the system. This occurs within 48
hours of an arrest (McNeb vs. U.S.). Charges are read and bail is set if it is applicable. The judge makes sure the arrest
was legal, reads the charges, appoints attorneys, and decides on pre-trial release with/without bail.
30. Bail: Is a Pre-Trial release used to avoid wrongful imprisonment and it is given to less serious/low-level offenders.
It is usually in the form of a cash bond/deposit of collateral. There is no constitutional right for bail, only a right to
non-excessive bail. 93% of felony defendants can't make bail.
2 Forms:
1. Full amount of money upfront
2. Bail-Bondsman (a loan) pays the way
31. Alternatives to Bail: 1. Release on Recognizance
- released on reputation/status
2. Property Bond
- offer value of a house/car in exchange for bail
3. Signature Bonds (Contract)
- a person signs off to show up to court
-typically only done for minimal offenses like traffic incidents
