Unit 3


Respond to the questions below in an ESSAY format.  (Definitions can be a single sentence).


The Courts


1. Briefly describe the development of both federal and state court systems in the united states.

Define: Federal Court System

State Court System

Jurisdiction

Original Jurisdiction

Appellate Jurisdiction

2. Describe the differences between state trial courts and lower courts in the same jurisdiction.

Define: Trial de Novo

3. List and describe the roles of the various levels of state appellate courts.

Define: Appeal

4. Discuss the implication of the following cases on the court system:

Keeney v. Tamayo-reyes:

Herrera v. Collins:

5. Define and discuss the common tasks of the state court administrator.

6. Starting with the supreme court and working your way down, list and describe the role of the various levels of courts in the federal system:

U.S. District Courts

U.S. Courts of Appeal

U.S. Supreme Court

7. Explain the concept of judicial review.

Marbury v. Madison:

8. Define and describe the steps that are taken at the first appearance.

McNabb v. U.S.:

Define: Pretrial Release

Bail Bond

Release on Recognizance (ROR)

Property Bond

Danger Law

U.S. v. Hazzard:

7. Describe the role of the grand jury and trace a case through the grand jury process.

8. Describe the role of the preliminary hearing.

Define: Competent to stand trial.

9.  Describe the role of the arraignment and trace a case through the arraignment process.

Define: Plea

Nolo Contendere

10. Describe Plea Bargaining and explain why it is a "necessary evil."

Brady v. U.S.

Santobello v. New York

Henderson v. Morgan

11. Define Courtroom Workgroup.

12. Explain the qualifications of judges, the various methods of selecting judges in both the state and federal systems, the role of the judge, and the problem of judicial misconduct.

13.  Explain the role of the prosecutor.

Prosecutorial Discretion

Brady v. Maryland

U.S. v. Bagley

Burns v. Reed

Ambler v. Pachtman

14. Explain the role of the Defense Attorney.

15. Describe the right to counsel and how the system provides legal counsel to the poor. (Hint: There are three basic three basic types: Assigned counsel, public defenders, and contractual arrangements)

Public Defender

Powell v. Alabama

Johnson v. Zerbst

Gideon v. Wainwright

Argersinger v. Hamlin

In re Gault

Faretta v. California

Nix v. Whiteside

16. Describe the role of the Bailiff.

17. Describe the role of the Local Court Administrator.

18.  Describe the role of the Court Reporter and specify the importance of it.

19.  Describe the role of the Clerk of the Court.

20. Define and Describe the role of the Expert Witness.

21. Define and Describe the role of Lay Witnesses.

Subpoena

Victim-Assistance Program

22. Define and and explain the role of the juror. 

23.  Define the role of the victim.

24. Define the role of the Defendant.

Crosby v. United States

25. Define the role of the Press

Change of Venue


Trial and Sentencing


1. Explain how the American adversarial system works.

2. Define rules of evidence.

3. Explain the provisions of the Speedy Trial Act.

4. Discuss the impact of the following cases that deal with trial delay:

Klopfer v. North Carolina

Barker v. Wingo

Strunk v. United States

United States v. Taylor

Fex v. Michigan

Doggett v. United States

5. Define jury selection.

6. List and explain the three types of challenges.

7. Explain the idea of scientific jury selection.

8. Discuss the impact of the following cases that deal with race and jury selection:

Batson v. Kentucky

Powers v. Ohio

Edmonson v. Leesville Concrete Co.

Georgia v. McCollum

Campbell v. Louisiana

9. Explain what a sequestered jury is.

10.  Explain the purpose of the opening statements.

11. Define evidence, and differentiate between the different types.

Direct Evidence

Circumstantial Evidence

Real Evidence

Testimony

Griffin v. California

12. Define Perjury.

13. Describe the impact of the following cases dealing with child witnesses:

Coy v. Iowa

Maryland v. Craig

White v. Illinois

14. Define hearsay and the hearsay rule.  In addition, describe the exceptions to the hearsay rule that the text discusses.

15. Explain the purpose of the closing arguments.

16. Describe the judge's charge to the jury.

17. Explain the jury deliberation process.

18. Explain how the verdict is reached.

19.  List and describe the problems with the jury system that our author considers in the text.  What are some proposed solutions to these problems?

20. Define sentencing.

21. List and describe the five goals of criminal sentencing:

Retribution

Just Deserts

Incapacitation

Deterrence

Specific Deterrence

General Deterrence

Rehabilitation

Restoration

Restorative Justice

22. Define and describe the characteristics of indeterminate sentencing.

23. Describe the common criticisms of indeterminate sentencing.

Good time

Gain time

24. Define and describe the characteristics of structured sentencing.

Equity

Proportionality

Social Debt

Determinate Sentencing

Sentencing Guidelines

Presumptive Sentencing

Aggravating Circumstances

Mitigating Circumstances

25. Describe the common criticisms of structured sentencing.

26. Define Mandatory Sentencing.

27.  Define truth in sentencing and describe its impact on the American prison systems.

28.  Describe the Federal Sentencing Guidelines.

29. Describe the nature and importance of the presentence investigation report.

30. Describe the history of victims' rights and services, and discuss the growing role of the victim in the criminal justice process.

Victim Impact Statement

Booth v. Maryland

Payne v. Tennessee

31. Describe both the historical and contemporary prevalence of the death penalty in the United States.

32. Outline the arguments for and against the death penalty.

33. Define the function of the writ of Habeas Corpus and explain its importance to those who face the death penalty.

34. Describe the impact of the following death penalty cases.

McCkesky v. Zandt

Coleman v. Thompson

Schlup v. Delo

Wilkerson v. Utah

In re Kemmler

Furman v. Georgia

Gregg v. Georgia

Coker v. Georgia

Woodson v. North Carolina

Harris v. Alabama


Leading Cases in This Unit

[ Klopfer v. North Carolina | Barker v. Wingo | Strunk v. United States | United States v. Taylor | Fex v. Michigan | Doggett v. United States | Batson v. Kentucky | Powers v. Ohio | Edmonson v. Leesville Concrete Co. | Georgia v. McCollum | Campbell v. Louisiana | Griffin v. California | Coy v. Iowa | Maryland v. Craig | White v. Illinois ]

[ Booth v. Maryland | Payne v. Tennessee | Coleman v. Thompson | Schlup v. Delo | Wilkerson v. Utah | In re Kemmler | Furman v. Georgia | Gregg v. Georgia | Coker v. Georgia | Woodson v. North Carolina | Harris v. Alabama]


[ Keeney v. Tamayo-Reyes | Herrera v. Collins | Marbury v. Madison | McNabb v. United States | U.S. v. Hazzard | Brady v. United States | Henderson v. Morgan ]

[ Brady v. Maryland | U.S. v. Bagley | Burns v. Reed | Ambler v. Pachtman | Powell v. Alabama | Johnson v. Zerbst | Gideon v. Wainwright | Argersinger v. Hamlin | In re Gault | Faretta v. California | Nix v. Whiteside | Crosby v. United States ]


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