Term
| What are the two ways a person may challenge a conviction? |
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Definition
-Appeal
-File a habeas corpus petition |
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Term
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Definition
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Term
| What does a habeas corpus writ require? |
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Definition
| It requires the person to whom it is directed to either produce the person named in the writ or release that person from custody. |
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Term
| Is there a federal constitutional right to an appeal? |
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Definition
| No, but every state allows a direct appeal, either by statute or state constitutional provision |
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Term
| Why is the writ of habeas corpus considered an indirect appeal? |
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Definition
| Because it does not directly challenge the defendant's conviction but instead challenges the authority of the state to incarcerate the defendant |
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Term
| What is the State's defense against a writ of habeas corpus? |
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Definition
| The conviction itself–that is why the defendant has been incarcerated |
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Term
| Is there a time limit for filing a habeas corpus petition? |
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Definition
| No, but there is for direct appeals |
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Term
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Definition
| A judicial decision that should be followed by a judge when deciding a later, similar case |
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Term
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Definition
| The judicial practice of looking to the past for pertinent decisions and deferring to them; Latin for "let the decision stand" |
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Term
| To whom is precedent binding? |
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Definition
| Only on those courts within the jurisdiction of the court issuing the opinion, and not on any courts superior to the court making the decision. |
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Term
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Definition
| "The reason for the decision;" A legal principle used by the courts to arrive at their decisions |
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Term
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Definition
| "Things said by the way;" Other legal or nonlegal arguments used to support the ratio decidendi and do not set a precedent |
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Term
| What does judicial review mean? |
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Definition
| The power of the court to examine a law and determine whether it is constitutional |
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Term
| Is judicial review expressly provided for in the Constitution? |
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Definition
| No, the courts' authority to make judge-made law came from Marbury v. Madison |
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Term
| When a person convicted of a crime appeals that decision to a higher court, what are they saying, in essence? |
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Definition
| The the lower court made a legal error that prevented that person from receiving a fair trial |
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Term
| In McKane v. Durston, the Supreme Court held that appeals were or were not a necessary element of due process? |
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Definition
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Term
| What are the three decisions appeal courts typically reach? |
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Definition
-Affirm
-Reverse
-Remand (hand it back to the lower courts to do it again, this time correctly) |
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Term
| When a higher court reverses a lower court's decision, does the defendant automatically get acquitted? |
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Definition
| No, instead the defendant is only granted a new trial |
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Term
| What did Griffin v. Illinois allow for indigent defendants? |
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Definition
| Access to trial transcripts |
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Term
| Why are trial transcripts so important? |
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Definition
| They are the basis for an appeal |
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Term
| Douglas v. California established that indigent defenders be provided with what during an appeal? |
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Definition
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Term
| Evitts v. Lucey established that not only must counsel be provided for indigent defendants, but that the counsel must be... |
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Definition
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Term
| North Carolina v. Pierce established that during a defendant's appeal, the government may not ________ (like being punished _______ harshly the second time around) |
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Definition
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Term
| What is an interlocutory appeal? |
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Definition
| 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 innocence |
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Term
| The final judgement rule limits... |
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Definition
| Appeals until the court hands down its final judgement as to the defendant's guilt |
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Term
| What is the harmless error rule? |
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Definition
| A rule that states that an error that would not have altered the outcome of the case does not require the appellate court to overrule he offender's conviction or sentence |
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Term
| Name and describe the two types of sentence justification |
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Definition
Retributive- People who violate the law are punished because they did something wrong
Utilitarian-Focus on the future behavior of both the person being punished and other members of society
Punishment is in order to promote good in the future |
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Term
| Are female offenders punished more harshly than male offenders? |
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Definition
| No, they are punished more leniently |
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Term
| What kind of victim will affect the most serious outcome in death penalty cases? |
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Definition
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Term
| Who decides the appropriate punishment for offenders convicted of crimes? |
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Definition
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Term
| Lincoln did what to the habeas corpus writ during the Civil War? |
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Definition
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Term
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Definition
| Locking up, or otherwise physically disabling, dangerous or high-risk offenders to prevent them from committing crimes in the future |
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Term
| Define general deterrence |
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Definition
| Potential offenders "learn the consequences of criminal involvement" from others and decide not to engage in the criminal activity lest they be punished as well |
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Term
| Define specific deterrence |
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Definition
| Someone who has been legally punished ceases offending because of fear of future punishment |
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Term
| What is the difference between collective and selective incapacitation? |
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Definition
| Collective imprisons any offender whereas selective imprisons only those with a past history (ie those that commit the most crimes) |
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Term
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Definition
| Any measure taken to change an offender’s character, habits, or behavior patterns so as to diminish his criminal propensity |
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Term
| Describe restoration (restorative justice) |
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Definition
| Views punishment as a means to repair the harm and injury cased by the crime and focuses on the victim and community as well as the offender |
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Term
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Definition
| Punishment that does not entail confinement in jail or prison |
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Term
| The death penalty today is imposed almost exclusively for what type of crime? |
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Definition
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Term
| What are the two stages in a death penalty case? |
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Definition
-Determination of guilt or innocence
-Sentencing proceedings |
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Term
| Define indeterminate sentencing |
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Definition
| The legislature specifies a minimum and a maximum sentence for a particular offense or category of offense |
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Term
| Define determinate sentencing |
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Definition
| Fixed term sentences that may be reduced if the offender behaves while incarcerated |
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Term
| What are some reasons a judge may not be able to sentence probation? |
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Definition
If he believes:
-The offender is likely to commit additional crimes if released
-The offender is in need of treatment that can be provided more effectively in jail or prison
-Probation would be inappropriate give the seriousness of the offender’s crime |
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Term
| What does conventional boot camp emphasize? |
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Definition
| Strict discipline, military drill and ceremony, and hard labor and physical training |
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Term
| Judges’ sentencing decisions are based on... |
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Definition
| The seriousness of the offense and the offender’s prior criminal record |
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Term
| The final judgement rule does what? |
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Definition
| Limits the timing of an appeal until after the court hands down its final judgement as to the defendant's guilt |
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Term
| What were the conclusions of the reading "The Interactive Effects of Victim Race and Gender on Death Sentence Disparity Findings?" |
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Definition
-Female victim homicides are disproportionately represented in death sentences
-Black victims are underrepresented in death penalty cases |
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Term
| "The Juvenile Penalty" found that in terms of juvenile and young adult punishments... |
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Definition
| Overall, juveniles appear to be more likely than young adults to be incarcerated for lesser offenses and they tend to receive considerably longer sentence lengths for more serious offenses |
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Term
| Under the common law system, a final decision by an appeals court creates a what? |
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Definition
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Term
| Precedent is binding only on... |
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Definition
| Those courts within the jurisdiction of the court issuing the decision |
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Term
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Definition
| Stare decisis is not an inflexible doctrine, but merely the general rule. Until a decision is expressly overruled, it stands as an accurate statement of legal principles, or “good law” |
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Term
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Definition
| the power of the court to examine a law and determine whether it is constitutional |
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Term
| The Supreme Court decided that indigent defendants must be given access to trial transcripts in what court case? |
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Definition
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Term
| Interlocutory Appeals are those filed... |
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Definition
-Prior to the reading of the verdict
-The only interlocutory appeals likely to succeed are those addressing critical constitutional questions and those that have no bearing on the defendants guilt |
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Term
| Can a lower courts’ “harmless errors” may lead to the reversal of a conviction? |
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Definition
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Term
| Who can seek a writ of habeas corpus? |
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Definition
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Term
| Why is the habeas corpus process much more restrictive than the appellate process? |
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Definition
-Several types of writs will not be issued
-Habeas Corpus petitions also must raise constitutional questions
-There are timing restrictions for habeas corpus petitions |
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Term
| Do people filing a writ of habeas corpus have the right to an attorney? |
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Definition
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Term
| Clemency is also known as a... |
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Definition
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Term
| The power to grant a power or clemency rests with the... |
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Definition
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Term
| Large states with large inmate populations have _____ habeas corpus petitions filed in federal court |
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Definition
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Term
Habeas corpus positions constitute what is called in the law ________ attacks upon state criminal judgments
These attacks are supplemental to and occur after direct attacks |
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Definition
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Term
| Innocence movement began when ____ testing first exonerated convicted defendant in 1989 |
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Definition
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Term
| What are the different causes of wrongful conviction? |
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Definition
-False confessions
-Eyewitness identification procedures
-Forensic evidence
-Jailhouse informants
-Defense counsel practices
-Investigative policies and personnel
-Prosecution practices |
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Term
| What other structural changes in criminal justice system influenced the innocence movement? |
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Definition
-Increasing professionalism of law enforcement
-Rise of law school clinical education |
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