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Judiciary 23, Carp et al. Chs. 10, 11

Horizontales
Punishment for a crime that allows the offender to remain in the community and out of jail so long as the offender follows court-ordered guidelines about their behavior.
There are four traditional justifications for ___ given to those who violate criminal laws: retribution, incapacitation, deterrence, and rehabilitation. (Identifying and describing each of these would be a good essay question.)
During voir dire in a criminal trial, the prosecutor and the defense attorney ask general and specific ___ of the potential jurors.
The two goals of the voir dire are to ___ all jury panel members who may have bias, or who may be unfavorable to their side even though no overt reason for bias is apparent.
___ law, one of the main categories of civil law, is concerned with conduct that causes injury and fails to comport with standards set by society. Examples include personal/bodily injury (automobile accidents), product liability (design, manufacturing defects with toys, drugs, appliances, etc), and medical malpractice.
The two most common forms of Alternative Dispute ___ are mediation and arbitration. (Describing ADR generally, and these two most common forms, would be a good essay question.)
The ___ of succession, one of the main categories of civil law, is concerned with how property (real and personal) is passed from one generation to another
The civil ___ process itself includes the following: the plaintiff filing suit, the defendant filing an answer or motion to dismiss, the discovery process, the pretrial conference, then the trial itself (which in turns includes voir dire, opening statements, the presentation of the plaintiff's case, the presentation of the defendant's case, rebuttal, closing arguments, jury instructions, the verdict, and judgment.) (Describing the genesis of a civil trial and pretrial activities, or the process of the trial itself, would be good essay questions.)
After the opening statement in a criminal trial, the ___ will present the evidence the state has against the accused. Most evidence takes the form of testimony from witnesses, presented in a question and answer procedure. After each witness the defense can cross examine. Physical evidence is also presented through witnesses who can authenticate the physical evidence and testify about it.
Challenges for __ are objections to jurors who may have an actual bias in a case, for example if they are a relative of a party in the case or who openly admits a strong bias in the case.
The Court's ruling in Batson has been extended to also bar ___ in the use of peremptory challenges based on sex, ethnicity, and sexual orientation.
The Supreme Court held in Batson v. Kentucky (1986) that peremptory challenges cannot be used to eliminate potential jurors from a panel because of their ___.
Rights that the 6th Amendment to the Constitution guarantees to persons accused of committing a crime include the right to be informed of the ___ against them and the right to be confronted with the witnesses against them.
Because the burden is on the prosecution to prove a criminal case beyond a reasonable doubt, the defense typically tries to raise that doubt by showing ___ in the prosecution's case. (Discussion of the burden of proof in a criminal case and how it impacts how each side goes about presenting their evidence would be a good essay question.)
After the prosecutor questions each prosecution witness, the defense attorney will ___ that witness. The goal is to impeach or discredit their testimony, in order to raise doubt.
Mandatory sentencing laws are statutes that require automatic jail time for a convicted criminal, usually for a minimum period of time, and often for violent crimes in which a ___ was used and for habitual offenders.
___ law, one of the main categories of civil law, is concerned with laws involving real estate; land, houses, buildings, etc.
One of the rights the 5th Amendment to the Constitution guarantees to a person accused of committing a crime is that they shall not be "deprived of life, liberty, or property, without ___ of law."
One of the rights the 5th Amendment to the Constitution guarantees to a person accused of committing a crime is that they shall not "be subject for the same offence to be twice put in jeopardy of life or limb." This guarantee is also known as the ___ jeopardy clause.
Verticales
The primary differences between ___ and criminal trials include the following: a litigant must have standing in a ___ case, the standard of proof in most ___ cases is preponderance of evidence rather than beyond a reasonable doubt in criminal cases, and due process rights do not always apply in ___ cases.
In a criminal trial, after the prosecution presents its case, the ___ calls its witnesses. Generally, the ___ elicits testimony from their witnesses that challenge the credibility of the state's evidence and witnesses, and less commonly, presents tangible evidence (if they have any.)
The Supreme Court's ruled in __ v. Booker (2005) that mandatory sentencing laws violate a constitutional right to a trial by jury. This ruling rendered sentencing guidelines advisory, not mandatory.
The purpose of ___ statements in a criminal trial is to provide members of the jury with an outline of the major objectives of each side's case, the evidence presented, the witnesses to be called, and what each side seeks to prove from the evidence of the witnesses.
One of the rights the 6th Amendment to the Constitution guarantees to a person accused of committing a crime that may result in a prison term is the right to an __.
Although the use of the death penalty overall has declined in the US, there are "___ counties" in a few states where unusually large number of death sentences are imposed.
One of the rights the 6th Amendment to the Constitution guarantees to a person accused of committing a crime is the right to a trial in the same ___ where the crime was committed.
___ statements allow victims an opportunity to describe to the court the impact that a crime has had on their lives. (Describing their history in the Supreme Court and a couple notable recent examples would be a good essay question.)
One of the rights the 6th Amendment to the Constitution guarantees to a person accused of committing a crime is the right to an impartial ___.
The judge gives the jury ___ to tell the jury what law applies to the criminal case and how to apply it. The prosecution and defense propose ___ to the judge, who then determines from their submissions and from the judge's own knowledge and research of the law the correct ___ to give the jury.
The process of selection of the members of a jury for a particular case is called ___.
In important or notorious cases, the judge may order ___ of the jury, which means that the jury members do not go to their homes but rather spend the night in a local hotel away from access to media coverage.
In the US, judges take a relatively ___ role in a criminal trial. They do not present evidence nor do they take an active part in questioning witnesses. They do rule on motions and objections regarding the admissibility of tangible evidence, and they rule on motions and objections regarding the questions asked of the witnesses and the testimony those questions produce. (Describing the role of the judge and jury in a criminal trial would be a good essay question.)
___ law, one of the main categories of civil law, is concerned with voluntary agreements between two or more people, a promise by one party and a counter-promise by another party. Examples include insurance, credit card, and cell phone agreements. (Describing all of the main categories of civil law, with examples, would be a good essay question.)
___ law, one of the main categories of civil law, is concerned with the definition of relationships, rights, and duties in the formation, ongoing existence, and dissolution of marriage and other family units (includes such areas as marriage, divorce, child custody, and children's rights.)
___ challenges are a limited number of requests that each side is given to ask the court to exclude a prospective juror with no reason given.
One of the rights the 5th Amendment to the Constitution guarantees to a person ___ of committing a crime is that they shall not be compelled to be a witness against themselves.
The Fourth Amendment guarantees that evidence obtained in an illegal ___ and seizure may not be used at trial against an accused.
Rights that the 6th Amendment to the Constitution guarantees to a person accused of committing a crime include the rights a speedy and public ____. (Describing each of the rights the 6th Amendment to the Constitution guarantees to a person accused of committing a crime would be a good essay question.)