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Final Review.docx

7 Pages

SUNY Albany
Criminal Justice
Course Code
RCRJ 201
Khim Kelly

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Final Review  Format o Out of 75 points o Matching, MC, Fill-in-the-blank, short answer (5), long answer (1 of 3)  Courts o Dual court system ~ Federal level and a state level o Each have their own tiers  State: (low to high) courts of limited jurisdiction: misdemeanor cases, no jury general jurisdiction: hear all cases usually more serious, bench or jury, when think of trial think of these appellate jurisdiction: deals with appeals, issues of law not fact court of last resort: reviews the lower courts  Federal: Magistrate Courts, District Courts, Circuit Court, US Supreme Court  US Supreme Court o Marbury v Madison  Power of judicial review o Supreme court justice  There are 9 (chief is John Roberts) o Case Selection  Get about 8,000 cases a year but only review 80 cases which is 1%  Rule of 4 ~ have to agree on a case to be heard  Writ of certiorari: sent to lower court to send the case to them, mandate to the lower courts to forward the paperwork so the supreme court can review it o Outcomes  Affirm ~ agreeing with lower court, Reverse ~ disagree with the lower courts (good for the defendant), Remand ~ sending case back to the lower courts to be retried  Troy City Court o What kind of court?  Limited jurisdiction  Judge Hank Bauer: he was not following court procedures  Election: which is how Judge Baure become a Judge  Appointment: the govern appoints a Judge  Remover from position  Failed to achieve PROCEDURAL justice  Rebuttal  Achieved substantive justice  Bail o Purposes  Ensure court appearance  Community protection  Reduce jail overcrowding  Allows defendant to assist in defense  NOT a goal: punishment o Factors  Previous FTA  Previous conviction  Crime severity  Strength of the evidence  Plea Bargaining o Frequency ~ 95% of all cases use plea bargains o Interests  Judge  Limited resources ~ its expensive to follow through with a trial  Prosecution  Conviction rates, clearing cases, questionable evidence  Defense  Leniency, Expediency, Certainty, Cost  The Trial o Pretrial Motions ~ before the real trial, each side can ask for certain motions o Voir Dire ~ jury selection o Opening Statement o Presentation of Evidence ~ by the prosecution o Rebuttal/Surrebuttal o Closing Arguments ~ end of the trial o Judge’s Instructions o Jury Deliberation o Verdict  Major Trial Concepts o Jury Nullification ~ juror/jury nullifies a law, when they acquit a defendant based on principle, basically a jury doesn’t agree to the law in general o Regardless of the specifics of the case  The 6 Amendment o Right to Counsel  Indigent Federal defendant in capital cases  Indigent= poor basically  Powell v Alabama (1932) ~ state defendants in capital cases  Johnson v. Zerbst (1938) ~ federal defendants in NON-capital, felony cases  Gideon v Wainwright (1963) ~ state defendant in NON-capital, felony cases  Argersinger v Hamlin (1972) ~ ALL defendants facing incarceration  Sentencing o Types: Prison, Jail, Fine, Community Service, Probation o Functions:  Instrumental (Utilitarian) ~ trying to reduce crime rate, instrument to reduce crime  Philosophies:  Expressive (symbolic)
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