Court Structure & Roles
What is the difference between adversarial and inquisitorial processes?
Adversarial = U.S. model with two opposing sides before a neutral judge/jury; Inquisitorial = judge plays an active investigative role (common in Europe).
What are three desired qualities of judges?
Impartiality, consistency, and equal justice.
What are the three main types of indigent defense systems?
Assigned counsel, contract counsel, and public defenders.
What does the 8th Amendment say about bail?
It prohibits excessive bail but does not guarantee the right to release.
What percent of felony cases go to trial?
Fewer than 9%.
What is the distinction between trial courts of limited vs. general jurisdiction?
Limited = minor cases (traffic, misdemeanors, small claims); General = more serious criminal and civil cases.
What role do judges play as negotiators?
They oversee bail decisions, plea agreements, and encourage resolution outside full trial.
What must defendants show to claim ineffective assistance of counsel?
Specific attorney errors that affected the outcome of the case.
What are two concerns with wealth-based bail systems?
Unfair detention of poor defendants and pressure to plead guilty while awaiting trial.
Which landmark case held that plea agreements must be voluntary and on record?
Boykin v. Alabama (1969).
Name two types of problem-solving courts.
Drug courts, domestic violence courts, mental health courts, or veterans courts.
Who are U.S. Attorneys, and at what level do they operate?
Federal prosecutors who represent the United States in district courts.
List two ways prosecutors view their self-concept that influence decisions.
Trial counsel for police, house counsel, court representative, or elected official.
Name one alternative reform to cash bail.
Release on recognizance (ROR), 10% cash deposit, bail funds/guidelines, or preventive detention.
What is the “trial penalty”?
Defendants often receive harsher sentences if they reject a plea bargain and go to trial.
Which court is the highest in the United States?
U.S. Supreme Court
What does “nolle prosequi” mean?
Formal decision by a prosecutor to drop charges or not pursue a case.
What role does defense counsel play during questioning and arraignment?
Protect the accused’s rights, provide advice, and represent them in all stages including trial and appeal.
Approximately how many people are in jail on a given day awaiting trial?
About 600,000.
What does habeas corpus challenge?
The legality of a person’s detention or imprisonment.
What is meant by “local legal culture” in courtroom work groups?
Shared norms and practices (like “going rates” for cases and continuances) that influence how cases move through the system.
What emerging role have judges taken on in problem-solving courts?
Problem-solver, focusing on rehabilitation and addressing underlying issues
What is the “going rate” in local legal culture?
The shared expectation of the standard punishment or outcome for a given type of case.
What Supreme Court case upheld preventive detention?
United States v. Salerno (1987).
Name two Supreme Court cases related to plea bargaining rights or limits.
Santobello v. New York (1971), Alford v. North Carolina (1970), Bordenkircher v. Hayes (1978), Ricketts v. Adamson (1987), Missouri v. Frye (2012).