EXAM 2 REVIEW
COURT SYSTEMS AND PRACTICES
When is a grand jury used in Texas?
What is the significance of the case of County of Riverside v. McLaughlin?
What are the factors that prosecutors must weight before deciding to prosecute? What is the most important factor?
The purpose of bail, according to the due process model is? The crime control model?
What was the significance of both the Bail Reform Act of 1966 and the Bail Reform Act of 1984?
If you were employed as a pre-trial services officer, what would be your primary duties?
Know the bill of rights with respect to bail.
What are the three areas that prosecutors will commonly bargain?
What percentage of cases filed by the prosecutor will eventually go to a trial?
How do both the prosecutor and the defense benefit from plea bargaining?
How can both the prosecutor and the defense attorney gain leverage in bargaining?
Due process advocates think that plea bargaining is detrimental to the defendant in what way? What about the crime control model perspective?
What types of cases are more likely to go to trial as opposed to being settled by plea bargaining?
Know the number of jurors required in Texas trials.
Know the Supreme Court holdings on the need for unanimous verdicts. What does Texas law say?
What limitations have been placed on the use of peremptory challenges by the Supreme Court?
Know the chronological order of a jury trial.
Which amendment provides for the right to a jury?
What is meant by "jury of one's peers?"
Know the four primary sentencing philosophies and their goals.
Can an offender who is 14 at the time of the offense be executed according to our Supreme Court? What is the youngest age? How about in Texas?
The conclusion of racial sentencing bias according to the studies is what?
What is the overall affect of increasing the penalties with regards to the number of trials?
Why would a lack of sentencing uniformity be desirable? Are sentencing guidelines too rigid? Would allowing more judges discretion provide of punishments based upon the offender and not the crime?
Know the Supreme Court deicisions regarding need for unanimous jury verdicts.
What factors are considered by judges in setting normal penalties and which are the most important?
Know the following terms:
wedding cake model of justice
probable cause
reasonable doubt
true bill and no bill
indictment
information
nolle prosequi
personal recognizance bond
preventive detention
Alford plea
change of venue
jury sequestration
peremtory challenges
challenge for cause
direct evidence
circumstantial evidence
hung jury
voir dire
circumstantial evidence
venire
exclusionary rule
instructions to the jury
indeterminate and determinate sentence
mandatory sentence
bifurcated trial process
presumptive sentencing guidelines