CRIM Exam 3 chap 9-18

200 terms by bananafreybrian 

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Federal and State Courts

The dual court system of the United States consists of:

U.S. Constitution. Article III, Section 1.

The U.S. Federal Court system was created by the:

case-flow analysis

Which of the following is not a responsibility of a bailiff?

may require an individual to appear in court.

A subpoena:

Lay

An eyewitness, character witness, or other person called on to testify who is not considered an expert, is known as a ___________ witness

victim.

All of the following are considered professionals in the courtroom work group except the:

The judge is responsible for presenting the state's case against the defendant

Which statement is false regarding the role of the judge in the courtroom work group?

quasi-legal advisor to the police.

The role of a defense attorney includes all of the following except:

appellate jurisdiction

Courts that have the authority to review a decision made by a lower court are said to have:

state court administrator

A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration is known as:

minority

At least one study suggests that some prosecutors have a tendency to be lenient toward female defendants but discriminate against ________ defendants when deciding whether to prosecute.

court reporter

Who creates a record of all that occurs during the trial?

clerk of court

Who is responsible for swearing in witnesses?

dispute resolution center

An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.

trial courts for the federal system.

The U.S. District Courts are the:

True

The Herrera decision severely limited access by state defendants to federal courts, with the ruling that new evidence of innocence is no reason for a federal court to order a new state trial if constitutional grounds are lacking

False

The lawful authority of a court to review a decision made by a lower court is known as original jurisdiction.

True

The court of last resort is the court authorized by law to hear the final appeal on a matter.

True

The Federal Court system is separated into three levels.

False

It is the responsibility of the clerk of court to keep order in the courtroom and to maintain physical custody of the jury.

first appearance

The bail decision is made at what stage of the court process?

The pretrial release of a criminal defendant on his or her written
promise to appear in court as required.

Release on recognizance is defined as:

to determine the guilt or innocence of a defendant

The primary purpose of the criminal trial is:

challenges for knowledge

Which of the following is not a type of juror challenge?

Adversarial System

The two-sided structure under which American criminal trial courts operate is also known as:

real evidence

Weapons, tire tracks, and fingerprints are what type of evidence?

within 48 hours

McNabb v. U.S. formally established that a defendant being held in custody has a right to appear in court before a magistrate:

1984 Federal Bail Reform Act

What federal legislation allows federal judges to deny bail to persons who are thought to be dangerous?

nolo contendere

What type of plea is most similar to a guilty plea?

Court-watch groups

One group designed to help improve the court system and the adjudication process is:

to prevent people who have not been convicted from suffering imprisonment
unnecessarily.

Bail serves two purposes. One is to help ensure the reappearance of the accused at trial. The other is:

Testimony

____________ is oral evidence offered by a sworn witness on the witness stand during a criminal trial.

Motion

An " oral or written request made to a court at any time before, during, or after court proceedings, asking the court to make a specified finding, decision, or order." is also known as:

determine if there is probable cause to hold the defendant for trial.

A preliminary hearing is held to:

14

Grand juries are comprised of private citizens who hear evidence presented by the prosecution and often consist of _______________ members.

True

Dying declarations and spontaneous statements are considered exceptions to the hearsay rule.

True

Plea bargaining circumvents the trial process and dramatically reduces the time required for
the resolution of a criminal case.

False

A defendant is usually present during a grand jury inquiry and the defense cross examines witnesses.

False

Challenge to the Array is tool used by judges to bar real evidence from the criminal trial.

True

Automatic video recording of the proceedings, using ceiling-mounted cameras with voice-initiated switching is a step in attempting to improve the adjudication process.

restitution

Which of the following is not one of the goals of contemporary sentencing?

indeterminate sentencing

A model of criminal justice punishment that encourages rehabilitation through the use of general relatively unspecific sentences is called:

Presentence Investigation

The examination of a convicted offender's background prior to sentencing that is generally conducted by probation or parole officials is called the:

Parole

Which one of the following is not a traditional sentencing option?

aggravating circumstances.

The opposite of mitigating circumstances in sentencing is:

of federal crimes.

In 2004 the Crime Victim's Rights Act established rights for Victim's:

The death penalty causes too many appeals and clogs the court system.

Which one of the following is not a main rationale in opposing the death penalty?

imprisonment

What is the primary sentencing tool of the just deserts model?

that a direct relationship between the severity of the sanctions and the seriousness of the crime.

Proportionality is defined:

incapacitation

Separating offenders from the community furthers which sentencing goal?

Writ of Habeas Corpus

___________ directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.

indeterminate sentence.

A sentence of 8 to 25 years is an example of a (n):

alternative sentencing

The use of court-ordered community service, home detention, day reporting, drug treatment,
psychological counseling, victim-offender programming, or intensive supervision in lieu of other more traditional sanctions, such as imprisonment and fines.

Eight

The U.S. Constitutional Amendment that prohibits cruel and unusual punishment is:

usually a written document describing the suffering and trauma experienced by the crime victim used before sentencing.

A victim-impact statement is:

True

A capital offense is punishable by death.

True

Fines are one of the oldest and a widely used type of criminal sanction.

False

Victim Impact statements generally have a profound impact on the sentence that a defendant receives.

True

The Restoration principle is a goal of sentencing that seeks to make the victim "whole again".

False

Plea bargaining plays a major role in the state court system, but not in the federal system.

reentry

___________ is the managed return to the community of an individual released from prison. Also, the successful transitioning of a released inmate back into the community.

remote location monitoring.

____________ is a supervision strategy that uses electronic technology to track offenders who have been sentenced to house arrest or who have been ordered to limit their movements while completing a sentence involving probation or parole.

Reduces social costs

Which of the following is NOT a disadvantage of probation and parole?

community-based corrections.

Probation, parole, home confinement, and electronic monitoring are examples of:

assistance to prosecutors by conducting arrests and investigations

Which of the following is not a function of a probation or parole officer's work?

shock incarceration

Which intermediate sanction resembles a military-style boot camp?

counsel

Mempa v. Rhay held that a probationer should have the opportunity for ________ before a deferred prison sentence can be imposed.

revocation hearing

What kind of parole hearing determines whether the parolee has violated the conditions of his or her parole?

United States Parole Commission

Who makes federal parole decisions?

Medical Release

______________ is an early release option under which an inmate who is deemed "low risk" due to a serious physical or mental health condition is released from prison earlier than he or she might have been under normal circumstances.

intensive

What type of probation might require face-to-face contacts between the officer and the probationer five times a week, a mandatory curfew, having a job, and submitting to weekly alcohol and drug testing?

revocation

Morrissey v. Brewer provides procedural safeguards to parolees at ________ hearings.

simple probation

Which of the following sentences is not an example of an intermediate sanction?

break the cycle of criminal recidivism

The Second Chance Act of 2008 authorized the spending of approximately 400 million dollars to:

requires procedural safeguards including a hearing

Revocation of probation or parole:

True

Probation and parole services are characteristically poorly staffed and often poorly administered.

True

Individuals ordered confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement.

False

A probation officer must get a search warrant before a search of a probationer's residence is permitted.

True

Probation is today's most common form of criminal sentencing in the United States.

False

A mixed sentence carries a mixed sentence of probation and parole

public humiliation

The stocks and the pillory are examples of what type of punishment?

The law of retaliation

Lex Talionis is also known as:

The Pennsylvania system

Which early prison system was heralded as the one that was humane and provided inmates with the opportunity for rehabilitation?

The community based era

Work release is representative of which era in the development of U.S. prisons?

hold suspects following arrest and pending trial

Which of the following is a characteristic of jails?

Regional Jails

_____________ are jails that are built and run using the combine resources of a variety of local jurisdictions.

is operated by a private firm on behalf of government.

A private prison:

five

How many security levels are there in the federal prison system?

The punitive era

The term "stir crazy" grew out of the experiences of many inmates during which prison era?

ultra-high-security prisons.

ADMAX or Administrative maximum is the term used by the federal government to denote:

warehousing

__________ is an imprisonment strategy that is based on the desire to prevent recurrent crime and that has abandoned all hope of rehabilitation.

was unconstitutional.

The California Department of Corrections had an unwritten policy of racially segregating prisoners in order to prevent racial violence. In 2005 the U.S. Supreme Court reviewed that policy and held that it:

mass prison

The Auburn system of imprisonment became popular during which prison era?

Captain Alexander Maconochie

___________ is most noted as the originator of what we know as today's early release program.

Women

According to the text the largest growing population of jail inmates is:

True

The Just Deserts philosophy has led to substantial and continued increases in the American prison population.

False

The Warehousing Era is a correctional model intended to capitalize on the labor of convicts sentenced to confinement.

True

Historically, the most widely used of physical punishments was flogging.

True

Selective incapacitation is a strategy used by some states to reduce prison populations

False

Physical barriers in direct-supervision jails are far more common than in traditional jails.

prisonization

The socialization of inmates into the prison subculture is called

Use other inmates to get what you need and want.

Which of the following is NOT an element of the prisoner's code?

Texas

Which state at the start of 2010 had the largest number of female prisoners?

the "explosive decade

The ten years between 1970 and 1980 have been called ________ of prison riots

Prison subculture

__________ is the values and behavioral patterns characteristic of prison inmates.

Streetwise young women with no respect for traditional prison values.

"Crack Kids" in prison argot are

. intelligence gathering

Correctional personnel have a role to play in preventing terrorist attacks on America by:

The colonizer

The inmate in prison that thinks of prison as his home is called:

True

A security threat group (STG) is an inmate group, gang, or organization whose members act
together to pose a threat to the safety of corrections staff or the public, who prey upon other inmates, or who threaten the secure and orderly operation of a correctional institution.

True

. Prison argot is the slang characteristic of prison subcultures and prison life

Overcrowding conditions

Brown v. Plata was a 2011 landmark case from California that dealt with:

Prisoners had no reasonable expectation of privacy in his cell.

Prisoners had no reasonable expectation of privacy in his cell.

custody and training

Prison staffers are concerned with two main issues:

the federal courts

Within a few years following the end of the hands-off doctrine, ________ intervened in the running of prisons in numerous states

inmates denied the opportunity to vote, hold public office, or enter into contracts.

Civil death refers to:

cool

Career female offenders who have adapted to prison life and generally keep to themselves are known as the:

Wilson v. Seiter

Which Supreme Court case signals a return to the hands-off doctrine of earlier times?

False

There is mandatory psychological testing, for all new correctional officers, prior to hiring, in all 50 states.

True

Few women's prisons have programs specifically designed for female offenders

True

The number of inmates who die from AIDS related illnesses is much lower than years past

beyond a reasonable doubt.

In re Winship held that delinquency must be established:

Permits the state to assume the role of the parents.

The principle of parens patriae:

Realignment strategies

Permanent organizational and structural modifications intended to alter the juvenile justice
system, including the closing of facilities and the elimination of agencies is a strategy for future treatment of juveniles known as:

In re Gault

Which landmark U.S. Supreme court case guaranteed juvenile the following rights: Notice of charges, right to counsel, right to confront and to cross examine witnesses and protection against self-incrimination

status offenders

which of the following categories of children "violate laws written only for children"?

a juvenile petition

A document filed in juvenile court alleging that a juvenile is a delinquent, a status offender, or a dependent and asking that the court assume jurisdiction over the juvenile is:

intake

___________ is the first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of the law or could otherwise cause a juvenile court to assume jurisdiction.

a jury trial.

McKeiver v. Pennsylvania held that juveniles do not have the constitutional right to:

adjudicatory hearing

The fact-finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition.

dispositional hearing

The final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child.

status offenses

Truancy, vagrancy, and running away from home are examples of:

Illinois

________________Juvenile Court Act created a juvenile court, separate in form and function from adult criminal courts. To avoid the lasting stigma of criminality, the law applied the term delinquent rather than criminal to young adjudicated offenders.

hands off

Kent v. U.S. ended the ________ era in juvenile justice?

delinquent

Children who violate the criminal law are considered to be:

uncontrollable children

Which of the following is not one of the six categories of children in the juvenile justice system?

False

Status offenders are delinquent children sent to adult court.

True

In 2011, the U.S. Supreme Court, held that the age of suspects must be considered when determining whether they would feel free not to respond to police questioning.

False

Judges are the only officials authorized to conduct detention hearings

False

Nationally, there are almost no problems with overcrowding conditions in juvenile detention centers.

True

A blended sentence is a juvenile court disposition that imposes both a juvenile sanction
and an adult criminal sentence upon an adjudicated delinquent.

a balance of prevention, treatment, and law enforcement

In 2011, the Office of National Drug Control Policy, through its annual publication, the National Drug Control Strategy endorsed:

recreational drug user.

A person who uses drugs relatively infrequently, primarily with friends, and in social contexts is known as a(n):

$193 Billion

A 2011 report by the U.S. Department of Justice's National Drug Intelligence Center, entitled The Economic Impact of Illicit Drug Use on American Society, placed the annual national cost of illicit drug use in the United States at:

Reagan

The position of "Drug Czar" was created under which U.S. President?

Harrison Act

The first major piece of federal antidrug legislation was the:

1970

The Comprehensive Drug Abuse Prevention and Control Act was passed in:

Marijuana

The most common illicit drug in use today is:

Schedule V

Which of the following categories of psychoactive drugs permits over the counter purchase of drugs?

Club drugs

________________ are synthetic psychoactive substances often found at "raves," and dance parties. They include MDMA (Ecstasy), ketamine, and methamphetamines.

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