Criminal Justice

156 terms by mkasper44

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Which of the following legal principles is applied by the appellate court when it reviews an allegation of prosecutor misconduct?

a. Harmless error doctrine

Which of the following is not a common cause of unethical prosecutorial behavior?

b. The fact that such behavior is not often punished by courts

According to the American Bar Association's Model Code of Professional Conduct, the prosecutor must:

c. Make timely disclosure to the defendant of any evidence that tends to negate the guilt of the accused

Prosecution of physician-assisted suicide, prosecution of violence against the elderly, and prosecution of cases in which pregnant women are known drug abusers are all examples of what role assumed by local prosecutors?

c. Protectors of the public health

There appears to be an increased willingness of prosecutors to specialize in and prosecute which of the following crimes?

a. Rape and sexual assault
b. Drug
c. Violent (white-collar crimes)
d. Gang

Which of the following is not an instance in which prosecutors commonly work with the police?

d. Joining police officers in the field when they conduct searches

The term community prosecution refers to:

a. A prosecutorial philosophy that emphasizes community support and cooperation

All evidence points to the conclusion that prosecutorial discretion is used to:

c. Screen out the weakest cases

The prosecutor may decide to seek a criminal complaint through grand jury or:

a. Information procedure

Which of the following may cause a case to be dismissed?

a. Inefficient evidence
b. Interest of justice
c. Due process problems
D!!! All these

The view that prosecuting minor crimes would represent a waste of time is an example of the __________ factors that influence prosecutorial discretion.

a. System

Deciding to deal with the accused without going through the full criminal process is known as:

b. Pre-trial diversion

What is the duty of a defense lawyer to his client and the legal system, according to the Model Rules of Professional Conduct?

d. To represent his client zealously within the boundaries of the law

A public defender is assigned by the:

c. Court

Which amendment forms the basis for providing counsel to indigent offenders?

c. Sixth

The right to counsel begins at which point of the criminal process?

a. When a suspect is interrogated

Which landmark 1963 case established that state courts must provide counsel to indigent defendants in felony prosecutions?

b. Gainer v. United States

At which of the following points is the defendant not guaranteed the right to counsel?

c. During an appeal being heard by the U.S. Supreme Court

Which of the following is not a landmark case dealing with defendants' right to counsel?

d. Terry v. Ohio

Which case established that procedural safeguards, including the right to counsel, must be followed at custodial interrogation to secure the privilege against self-incrimination?

b. Miranda v. Arizona

Which statement best describes the state of public defense services prior to the Supreme Court ruling in Gideon v. Wainwright?

a. Public defense services were provided mainly by local private attorneys appointed and paid for by the court or by limited public defendant programs

Which term refers to the practice of requiring indigents to repay the state for at least part of their legal services?

c. Recoupment

Ad hoc and coordinated counsel systems are two ways of administering which of the following indigent defense models?

b. Assigned counsel programs

Which of the following systems would most likely be used in rural areas that generally have small caseloads?

a. Public defender

Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for their legal services on a set number of cases involving poor defendants?

a. Contract system

What is considered to be the most significant problem facing indigent defense systems?

d. Lack of government funding

What legal principle is usually applied when an appellate court is asked to determine an issue of defense attorney competence?

a. Harmless error doctrine

Which of the following cases invoked the surprise witness rule?

a. Taylor v. Illinois

All the information gained during the booking process is immediately turned over to the:

a. Victim
b. Prosecutor
c. Judge D!!!All of these

Fingerprinting and photographing a suspect are a part of:

d. Arrest

A written accusation charging a person with a crime that is drawn up by a prosecutor and submitted to a grand jury is known as a(n):

b. Complaint

When would the defense and prosecution begin plea negotiations?

c. When the defendant pleads not guilty at the arraignment

What happens if the defendant is released on bail but fails to appear in court as ordered?

c. The bail deposit is forfeited

The __________ Amendment to the Constitution prohibits excessive bail.

b. Eighth

Some scholars contend that bail is problematic because it:

c. Is discriminatory to the poor

What did the Court establish in Stack v. Boyle?

d. That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstances

What is the key issue in determining bail?

a. The seriousness of the crime committed by the defendant

Which of the following pretrial release mechanisms occurs at the earliest point in the criminal justice process?

a. A field citation release

Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount?

a. Surety bail system

What type of bail system allows the defendant to be released with no immediate requirement of payment, but leaves him/her liable for the full bail amount if he/she fails to appear in court?

d. Unsecured bail system

No freeman could be seized or imprisoned unless he had been judged by his peers under the law of which historic document?

d. Magna Carta

In what case did the U.S. Supreme Court rule that exculpatory evidence need not be presented at a grand jury proceeding?

b. United States v. Williams

What procedure is often used as an alternative to the grand jury?

c. The preliminary hearing

Which of the following is a common reason for a defendant to waive the preliminary hearing?

c. He/she hopes to avoid the negative publicity that might result from the hearing

What plea is automatically entered at the arraignment for a defendant who says nothing or stands mute before the court?

c. Nolo contendere

Roughly what percentage of criminal defendants plea guilty before trial?

d. 90%

It is unlikely that plea bargaining will be eliminated in the future because it:

b. Eases the pressure of congested caseloads

The case of North Carolina v. Alford established that:

b. A defendant can plead guilty without admitting guilt

Which court case held that an affirmative action that the plea was voluntary must exist in the record before a judge may accept a plea?

b. Boykin v. Alabama

In what case did the Court rule that the promise of the prosecutor must be kept?

c. Santobello v. New York

Which recent case on plea bargaining established that the prosecutor in a federal trial may refuse to plea bargain unless the defendant agrees that any statements made during negotiations can be used to impeach him/her at trial?

b. U.S. v. Mezzanatto

In which case did the Supreme Court rule that due process rights are not violated when a prosecutor threatens to reindict the accused on more serious charges?

d. Bordenkircher v Hayes

Whose role is most problematic and controversial in plea negotiations?

c. Judge

Whose input is not legally required during the plea bargaining process?

d. Victim

Which of the following is not a commonly proposed reform to the current plea-bargaining system?

a. Having the judge question the prosecutor before accepting the plea

What state completely eliminated plea bargaining in 1975?

a. Alaska

Which of the following rules guides the use of forced medication on a mentally ill individual who is deemed incompetent to stand trial?

a. The court must find that important governmental interests are at stake
b. The court must find that forced medication will significantly further the case
c. The court must conclude that administering the drugs is medically appropriate
d. All of these

The _____ Amendment contains the confrontation clause.

c. Sixth

The confrontation clause is meant to control the admissibility of __________ evidence.

c. Hearsay

In Maryland v. Craig, the Supreme Court upheld the use of what court procedure?

a. Allowing child abuse victims to testify via closed-circuit television

If an individual is permitted a trial, who chooses whether it will be before a judge or a jury?

b. Defendant

The __________ Amendment guarantees the defendant the right to a jury trial.

c. Sixth

In what case did the Court rule that all defendants in felony cases have the right to a jury trial?

a. Baldwin v. Coy

In Lewis v. United States, what amount of sentence time did the Supreme Court use to differentiate between petty offenses and serious offenses as related to the right to a jury trial?

a. 6 months

What is the minimum number of jury members allowed in a criminal trial as determined by the Supreme Court in Williams v. Florida?

a. 6

Which of the following rules applies to a six-person jury in a serious felony case?

c. Their verdict must be unanimous

Powell v. Alabama and Gideon v. Wainwright are cases dealing with the fundamental right to:

b. Have counsel

What did the Court rule in Alabama v. Shelton?

c. A defendant must be represented by counsel if he or she faces imprisonment for any offense

While not explicitly stated in the Constitution, the Court has found support for legal self-representation in the __________ Amendment.

c. Sixth

Which Supreme Court case solidified the right to self-representation at trial?

b. Faretta v. California

What is a nolle prosequi with leave?

c. A legal device that discharges the defendant but allows the government to prosecute in the future

Which of the following was not cited by the Court as a reason for its support of the right to a speedy trial?

d. To reduce long-term stress on victims and families of victims

The federal Speedy Trial Act of 1974 indicates a trial must be held within __________ of the arraignment.

b. 100 days

In what 1976 case did the Court rule unconstitutional a trial judge's order prohibiting the press from reporting the confessions implicating the defendant in the crime?

a. Nebraska Press Association v. Stuart

In the case of Press-Enterprise Co. v. Superior Court, the Supreme Court ruled that what stage in the criminal justice process should remain open to the public?

c. The preliminary hearing

Richmond Newspapers Inc. v. Virginia established that criminal trials must remain open to:

b. The public

In what case did the Court first state that, where certain safeguards are met, televised criminal trials are permissible even over the objection of the defendant?

b. Chandler v. Florida

Many states mandate what type of requirement for potential jurors?

b. Residency

The process of determining the appropriateness of jurors to sit on the jury is known as:

a. Voir dire

The phrase voir dire is French for:

b. To tell the truth

Which of the following is true of peremptory challenges during jury selection?

d. They can be used to excuse jurors for no particular reason

Which of the following rules governs challenges for cause during the jury selection process?

a. The defense is usually granted unlimited usage while the prosecution is limited

Which of the following rules has the Court applied to peremptory challenges?

a. They cannot be based solely on race
b. They cannot be based solely on gender

d. Both a and b

The Batson doctrine holds that:

b. Peremptory challenges based on race are unconstitutional when made by the prosecution

In what case did the Court decide that jurors who strongly oppose capital punishment may be disqualified from determining a defendant's guilt or innocence in capital cases?

c. Lockhart v. McCree

In which of the following cases did the Supreme Court uphold the use of peremptory challenges to exclude jurors based on race due to extraordinary circumstances such as national security interests?

d. None of these

Prosecuting attorneys are not allowed to do which of the following in their opening statements?

d. Make prejudicial or inflammatory remarks

The Court ruled in Lee v. Illinois that a confession made to the police by a co-defendant is inadmissible unless the:

a. Co-defendant is available for cross-examination

What is the primary test for the admissibility of evidence in a criminal or civil proceeding?

a. Relevance

When is the motion for a directed verdict is sustained?

d. When the prosecution fails to prove all the elements of the alleged crime

Which of the following is an avenue of appeal for a defendant?

c. Post-conviction remedy

What term was adopted in 12th century to refer to a breach of faith with one's feudal lord?

b. Felonia

Capital and corporal punishment were used in the eleventh century to control the:

c. Criminal poor

What was the principal factor that shaped the punishment of criminals in the sixteenth century?

d. The changing labor markets that stemmed from urbanization and colonialization

What was the final fate of convicts transported to North America or Australia once their period of service was completed in the colonies?

b. They were granted pardons to gain their freedom

What event ended the transportation of felons to North America?

a. The American Revolution

Severely punishing an offender so that they will serve as an example to others achieves the goal of:

a. General deterrence

Which of the following punishment models relies on the prediction of future behavior?

a. Incapacitation
b. Rehabilitation
c. Specific deterrence
d. All of these
??????

Sentencing for the purpose of general deterrence has most to do with:

c. Affecting the perception of the general public

Which goal of sentencing involves an attempt to convince the criminal through punishment that future crime would not be in their own future best interests?

c. Specific deterrence

What is another term that retribution advocates use to describe the concept of blameworthiness?

b. Just deserts

What type of sentence did an offender receive if he has been convicted of two or more crimes, but his prison sentence is considered complete once the longest single term has been served?

b. Concurrent sentence

What type of sentence did an offender receive if upon completion of a five-year term in prison for one crime, he must then serve three years for the second of multiple crimes?

b. Consecutive sentence

A fixed term of incarceration is called a(n):

b. Determinate sentence

Who has final say in the duration of the offender's prison stay in determinate sentencing?

c. Judge

The Minnesota sentencing guidelines computes sentencing scores based on the factors of offense seriousness and:

d. Offender's prior criminal record

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

d. To establish truth-in-sentencing

Who calculates the "base score" under the federal sentencing guidelines?

a. Legislature
b. Parole board
c. Judge or magistrate
d. Probation authority
???????

Including those states with moratoriums, how many states currently have the death penalty?

c. 38

What is the most common method of execution in use today in America?

b. Lethal injection

Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth Amendment's protection against cruel and unusual punishment?

d. Furman v. Georgia

Which research method calculates the effect that a well-publicized execution has on the short-term murder rate?

a. The immediate impact study

Which research design compares long-term trends in murder and capital punishment rates?

b. The time-series analysis

What common-law practice allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior?

a. Judicial reprieve

Which common-law practice enabled convicted offenders to remain free if they agreed to enter into a debt obligation with the state?

b. Recognizance

When did the federal government establish a probation system for U.S. district courts?

d. 1925

What happens when probation is revoked?

a. The probation contract is terminated and the original sentence is imposed

The most common practice with the prison sentence when awarding probation is to:

d. Formulate a prison sentence and then suspend

What style of probation officer is most concerned with supervision, control, and public safety?

b. Law enforcers

What is the primary purpose of the presentence investigation?

a. To gather knowledge about the causal factors relating to criminality

Which probation officer duty is more commonly used in the juvenile justice process?

d. Treatment supervision

Which duty involves evaluating the probationer based on information from the initial intake or presentence investigation?

c. Diagnosis

Which of the following statements regarding presentence investigations is true?

??????????

According to national data, what percent of adults leaving probation successfully complete their sentences?

b. 60%

Which of the following was not a landmark Supreme Court case that dealt with the legal rights of probationers?

a. United States v. Weeks

Many scholars argue that probation will continue to be the sentence of choice in both felony and misdemeanor cases because it:

a. Controls for recidivism better than other intermediate sanctions

What did the Court rule in Tate v. Short?

a. That incarcerating a person who is financially unable to pay a fine discriminates against the poor

When did the concept of incarcerating convicted offenders as a form of punishment become the norm for corrections?

d. The nineteenth century

What was the name given to the jailer who served as the chief law enforcement official of a county in England during feudal times?

d. Shire reeve

English penal institutions built in the tenth century were used to:

a. Hold pretrial detainees and those waiting for their sentence to be carried out

Le Stinche prison was unique in its time for its replacement of corporal punishment with:

c. Incarceration

The first English penal institutions operated under the __________ system.

b. Fee

Where were the English forced to house large numbers of prisoners in the late eighteenth century?

d. On prison hulks and barges

What was the name of the British prison reformer and sheriff who wrote The State of Prisons and was influential in creating humane standards in the British penal system?

c. John Howard

The "modern" American correctional system had its origin in:

b. Pennsylvania

The quarters that contained the solitary or separate cells in the Walnut Street Jail were known as the:

b. Penitentiary house

The Pennsylvania system inspired the creation of similar prisons in:

c. New Jersey

Which prison system was known as the congregate system?

b. Auburn system

What was the key to discipline in the Auburn system?

d. Silence

Zebulon Brockway popularized the use of parole while serving as warden at:

d. Elmira Reformatory

What was the underlying philosophy behind the rehabilitation movement of the 1960s?

b. Hands-off doctrine

Which of the following statements regarding prisons in the modern era is false?

b. The hands-off doctrine has been supported by state and federal court rulings

Which of the following is not one of the five primary uses of jails?

d. Holding mental patients when asylums are overcrowded

Sing Sing, Joliet and the "The Rock" are examples of what type of prison?

a. Maximum security

The primary purpose of a maximum-security prison is:

b. Incapacitation

Most prison inmates are serving time for which type of crime?

a. Violent

Prison farms and camps are found primarily in what section of the country?

d. The South and the West

Shock incarceration is generally designed with what target population in mind?

d. Youthful, first-time offenders

The focus of the traditional community corrections facility was to:

a. Help reintegrate the soon-to-be released offender back into society

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