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study help
social science
law courts and justice in america
Questions and Answers of
Law Courts And Justice In America
What is a joinder of offenses?
Why would judges in the lower courts disregard the niceties of due process?
Why would a judge grant immunity to a grand jury witness?
Why does a grand jury seldom fail to indict?
What is the difference between a plea of guilty and a plea of nolo contendere?
When is a jury trial required?
What is the purpose of a voir dire hearing?
What is a peremptory challenge?
What is scientific jury selection?
What is hearsay and why is it generally unreliable?
What is the difference between direct and indirect evidence?
Why is eyewitness testimony often unreliable?
What are the two main types of witnesses in a criminal (or civil) trial?
What is meant by the chain of custody?
What is the purpose of cross-examination?
Why would a defendant decide not to testify?
What rules must be followed by a jury when deliberating?
What is the difference between a determinate and indeterminate sentence?
What is the primary purpose of a presentence report?
Why are persons on probation and parole not entitled to the same rights as a criminal defendant?
What are the conflicting views of plea bargaining?
Why would a defense attorney abandon the role of advocate?
Why would police and prosecutors engage in overcharging?
Why do private criminal defense lawyers require upfront money?
Why would a public defender engage in plea bargaining?
What is the positive view of plea bargaining?
Why do both defense and prosecution prefer guilty pleas?
Why is it that the longer a case takes, the greater the likelihood of an outcome in favor of the defendant?
How is the adversarial process maintained in private plea negotiation?
What are the two primary factors considered by prosecutors when deciding if a case is to be prosecuted?
Why would a prosecutor agree to a lenient sentence is cases where the crime is serious?
What are the extra-legal factors that influence a prosecutor’s charging decision?
What are the difficulties of evaluating prosecutorial performance on basis of a conviction rate?
What are “normal crimes?”
What constitutes a courtroom workgroup?
What determines the role of a judge in plea bargaining?
What circumstances result in a prosecutor assuming the de facto sentencing power?
What is the legal status of plea bargaining?
For a plea bargain to be legally binding, what is required of the trial judge?
What is an Alford plea?
What did the Supreme Court rule in Brady v. Maryland?
What has been the outcome of attempts to abolish or limit plea bargaining?
What is the role of government in civil disputes?
What are important distinctions between civil and criminal justice?
In a civil case, what is standing?
When is a case moot?
How does the level of evidence in a civil case differ from that of a criminal case?
What due process guarantees that accrue to a defendant in a criminal case are not applicable in a civil proceeding?
Why is jurisdiction more complex in civil cases than in criminal cases?
How does in personam jurisdiction differ from in rem jurisdiction?
What are the speedy trial requirement in a civil case?
In a civil case, what is “discovery”?
What are the Fifth Amendment (right to remain silent) rights of a defendant in a civil case?
What is included in civil case discovery?
How do civil and criminal trials differ?
How is the special verdict a response to the complexity of some civil trials?
What is the practice known as vacating a decision?
What are the advantages for litigants of using a small claims court?
What are the limitations of appellate review?
How does the contingency fee offer a partial answer to the problem of providing legal assistance to persons without financial means who have suffered a tort?
What are criticisms of the contingency fee?
In a civil case, how do compensatory awards differ from punitive awards?
How have malpractice lawsuits against obstetricians impacted low-income women?
What are the negative aspects of limiting awards for pain-and-suffering and noneconomic damages?
What are the characteristics of a class action lawsuit?
What are the pros and cons of class action lawsuits?
Who are the usual clients of the Legal Aid Society?
How did the success of Federal Legal Services lead to its demise?
What is purpose public interest law?
What is the connection between parens patriae and the juvenile court?
What is meant by “status offenders?”
Why were the due-process guarantees of the adult criminal court absent from juvenile court?
How does a family court differ from a juvenile court?
How did the 1967 Supreme Court decision, In re Gault, revolutionize juvenile court procedures?
How is the age of a “juvenile” decided?
What is the social service function of a juvenile probation officer?
What is the purpose of a predisposition or social investigation report?
In juvenile court, what is the concept of least restrictive alternative?
What are three basic mechanisms for accomplishing the transfer of a juvenile to criminal court?
Why is the role of defense counsel in juvenile court fraught with ambivalence?
Why are juvenile institutions for those convicted of a crime costly?
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