Criminal justice final exam

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exam final

The most influential actor in the courthouse is the

prosecutor

A trial by a judge without a jury is called a

bench trial

The shaping and division of powers between the state and federal courts is called the principal of

federalism

Which of the following are the three main components of the American criminal justice system?

Law enforcement, courts, and corrections

The organization of criminal justice in America can be accurately described as

decentralized and fragmented

The institutions of criminal justice in America are a system in the sense that

what happens in one agency or component affects other agencies and components

Criminal justice in America can be seen as a non system because

there is tension, conflict and fragmentation in the system.

In the U.S today there are approximately___thousand court houses

17

Police make roughly ___million arrests each year

13.5

In the U.S today there are around __ million people under some form of correctional confinement or supervision

7

In terms of national policy the most important court in the country is the U.S.

Supreme court

Courts can be classified according to their function(rather than jurisdiction) into

Trial and appellate courts

In contrast to federal judges, most state judges are

elected

Grand juries

issue an indictment in most cases

Around ninety percent of felony conviction result from

Guilty pleas pursuant to a plea bargain.

The U.S. has approximately ___million thousand local, state and federal law enforcement agencies.

17

The United States Supreme Court Hears approximately how many cases each term?

80

A major trial court in the United States may hear which type of case?

robbery

The Term "dual court system" refers to state and federal courts.

True

The decisions of trial courts are reviewed by appellate courts

True

Federal judges are elected in district wide elections

False

In general , defendants have a constitutional right to a jury trial and a right to a defense attorney at government expense if they are poor (indigent)

True

Appellate courts hear witnesse4s, and examine physical evidence of crimes

False

Grand juries indict in only a small percentages of the cases brought to them by the prosecutor.

False

In criminal case neither side will know of any of the evidence or witnesses for the other party

False

The U.S. Supreme Court can for the most part select what cases that they want to hear.

True

A defendant will be asked to enter a pleas at the arraignment.

True

Most state judges are appointed by the president and confirmed by the senate.

False

Much of the Bill of Rights is applicable to the states through the

14th amendment.

Wrongs against the public or state are tried under

criminal law.

Corpus delicti is a Latin phrase meaning

Body of the crime.

Which of the following is not an element of crime.

guilty conscience.

Mens Rea refers to the

guilty mind

A court order directing a specific action or lack of action is known as

injunction

An example of a legal attendant circumstance would be

the defendant's getaway vehicle

Which of the following is the highest burden of proof?

proof beyond a reasonable doubt

Most civil cases involve

a request for monetary damages

A common civil remedy used in drug cases is

assets forfeiture

A common civil remedy used in drug cases is

assets forfeiture

The party who initiates a civil suit is known as the

plaintiff

Parallel criminal and civil proceeding are being used more today than ever before

True

A person may be prosecuted criminally and sued in civil for the same act.

True

To be a criminal an act must be voluntary

True

The standard of proof for the government prosecutor under the adversary system is beyond a reasonable doubt

True

The constitutional right to counsel applies both to criminal prosecutions and civil hearings

False

Which of the following is not true of federal district judges

There is only one judge for each district.

In most case, in the federal system, which is generally the last court to gear the appeal?

Circuit Court of Appeals.

In deciding to grant certiorari to hear a case, the supreme court utilizes

The rule of four

The supreme court hears, decides and writes full opinions about how many cases each year?

80

Which federal court has jurisdiction over disputes between states?

Supreme Court.

What is the term use for a major trial court in the State of Texas?

District Court

Which of the following is the single largest category of civil cases filed in the District Courts?

Divorce Case

What is the court of last resort for civil cases in Texas

Texas Supreme Court

What is the court of last resort in Texas for criminal appeals?

Court of Criminal Appeals

If a person receives a ticket for speeding within the city of Beaumont from a Beaumont police officer, where would they go to pay that ticket?

The Beaumont municipal court

If a person receives a ticket within the Beaumont city limits from a Jefferso9n County Sheriff's Deputy, where would they go to pay that ticket?

Justice of the Peace Court

If a person receives a ticket within the Beaumont city limits from a Troop with the Department of Public Safety, where would they go to pay that ticket?

Justice of the Peace Court

If a person receives a ticket within the Beaumont city limits from a Texas Parks and Wildlife Officer with the Texas Department of Parks and Wildlife, where would they go to pay that ticket?

Justice of the Peace Court

If a person receives a ticket within the Beaumont city limits from a Ranger with the National Park Service for violation of Federal law, where would they go to pay that ticket?

A Federal Magistrate Court

What is the limit of jurisdiction for small claims court in Texas?

10,000 $

Can a justice of Peace Conduct a marriage in Texas?

Yes

If a person does not like the result of their trial in the Municipal Court and they choose to appeal then the appeal will be heard in which court?

County Court

In contrast to Federal judges, most State judges are

Elected

In Texas, in an appeal for a traffic ticket the appellate court will do which of the following?

Have a complete new trail all over again.

A statutory probate court hears which of the following cases?

All of the above

Which of the following courts can have a trial by jury?

All of them may have a trial by jury

In Texas, an appeal from which of the following courts will not be heard by the District Court of Appeals?

Municipal Court

In Texas, the District Court of Appeals hears both Civil and Criminal Appeals.

True

The Texas Supreme courts hears all cases in which an appeal has filed with that court.

False

The Texas Supreme Court hears cases that are appealed from the Texas Court of Criminal Appeals.

False

A person convicted of Capital murder and sentenced to death receives and automatic appeal to which court?

Texas Court of Criminal Appeals

In Texas, which of the following judges are elected?

All of the above

In Texas, which of the following judges are not elected?

Municipal Court Judges

The person that has total and absolute control over the court room is

The judge

Conviction of a criminal offense in Municipal Court results in fine only

True

In Texas, District Attorneys are

Chose by local elections.

All District Attorneys office s in Texas work closely together and are highly centralized.

False

According to article 2.01 of the Texas Code Criminal Procedure, which of the following is the primary duty of the District Attorney?

To see justice is done.

Which of the amendments to the United States Constitution provides a right to counsel?

6th amendment

Which of the amendments to the United States constitution provides a right to remain silent?

5th amendment

The right to self representation is also referred to by the Latin term

pro se

In a divorce case filed in a District Court, which of the following may be elements of the case?

All of the above

If a County Judge starts to hear a will probate and realize that there is a matter of controversy then he must

pass the case on to the District Court

The distinction between a public defender and a private attorney is that the public defender is

employed by the government

Which of the following court decisions held that defendants have the right to court appointed counsel during custodial interrogations?

Miranda v. Ohio

Critics of judicial elections assert that they are fundamentally inconsistent with the principal of judicial independence.

True

Which of the following cases are heard by County Courts?

misdemeanors

Which of the following cases are heard by District Courts?

Felonies

In addition to felonies which of the following are head by District Courts?

All of the above

If you are seeking information about a particular misdemeanor conviction in a county then you should go to the

County Clerk

If you are seeking information about a particular felony conviction in a county then you should go to the

District Clerk

A bail bondsman is a very good source to use when you are trying to find a person that is awaiting trial

True

In some states judges are elected, while in others judges are appointed, however one state came up with a system where judges are appointed and then the people can decided if they want to keep them through an election process. This is known as the

Missouri system

The most influential victim characteristic that influences whether a case proceeds or not is

Victim-offender relationship

Women are the victim in approximately what percentage of domestic violence cases?

85%

The largest victim's rights organization is

Mother Against Drunk Drivers.

Who have traditionally been the forgotten participants in the criminal justice system?

Victims and witnesses

Which of the following crimes are usually committed by someone that the victim knows?

Homicide

Civil protective orders are requested in what type of cases?

Domestic violence

About 70% of serious felony offenses are committed by 7% of all offenders. These persons are known as career criminals.

True

Arrest is defined as the taking of a person into custody for the commission of an offense as the prelude to prosecuting him for that offense.

True

The stage of the criminal process in which the defendant is formally told the charges allowed to enter a plea in known as

arraignment

A formal accusation of a criminal offense made against a person by a grand jury is known as

indictment

A group of citizens that decide if a person accused of a crime should be no bill or true billed is called

grand jury

In Texas, the document that notifies an individual that they are to stand trial for a misdemeanor offense is known as

information

Which of the following is a major witness of the Uniform Crime Report?

The data is only published every ten years.

In many jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced at which stage?

Arraignment

Which of the following court members dominates the grand jury?

prosecutor

Which of the following is not true of grand juries?

a unanimous vote is required

If a person is indicted, he/she is

charged with the violation of a crime

Which of the following is not a power of a grand jury?

to convict defendant

Bail bondsmen usually require what percentage of the bond amount as their fee?

10%

Which of the four types of bail is most commonly used in criminal justice for defendants charged with felony

Bail bondsman

Which of the following factors are the most important in determining bail?

the seriousness of the crime and prior criminal record

Bail bondsmen would consider which of the following types of defendants as low risk?

defendants with strong roots in the community

The warrant issued by a judge for the arrest of a defendant who skips bail is a

Bench warrant

Defendants accused of capital offenses have no right to bail.

True

Which supreme court case held that police must inform suspects of their rights prior to custodial interrogation?

Miranda v. Arizona

What type of things must always be turned over by the prosecutor to the defense in virtually any jurisdiction?

All exculpatory evidence and any prior inconsistent statements by a witness.

Plea bargain can best be defined as the process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some consideration from the state.

True

Which of the following is not a part of plea bargaining?

flea market bargaining

If a defendant enters a guilty plea for a misdemeanor theft rather than a felony burglary then this is an example of

charge bargaining

A defendant breaks into 100 coke machines. He is caught red handed while leaving five machines he just cracked. If the district attorney agrees to allow him to plead guilty to those five and dismisses the other 95 then this is an example of

count bargaining

A woman is accused of killing her child. Her punishment is 20 years to the death sentence. She pleads guilty in exchange for a 50 year sentence. This is an example of

sentence bargaining

Due process advocates and liberals criticize plea bargaining because they fear that

defendants are forced to give up constitutional rights.

Crime control advocated and conservatives criticize plea bargaining because they fear that

the sentence will be too lenient.

Plea bargaining is said to be contrary to the concept of an

adversary system of justice.

A defendant's guilty plea must be

knowing an voluntary.

As compared with less serious crimes, defendants charged with serious crimes such as rape or murder are

more likely to go to trial.

What plea has the same criminal court consequence as a guilty plea

nolo contendere

In many courts, a defendant pleading guilty must be advised of his rights and acknowledge his waiver of them by reading and sometimes signing a

boykin form

The main difference between a guilty plea and a no contest plea is that the latter

cannot be used in a civil proceeding against the defendant

Which of the following is a reason given for plea bargaining

All of the above

Efforts by legislatures and district attorneys to eliminate plea bargaining have been very successful

False

In Texas the jury size for a misdemeanor case is

6

In Texas the jury size for a felony case is

12

The questioning of potential jurors is called

voir dire

Challenges to jurors that require a justification are called challenges

for cause

Challenges to jurors that do not require a reason are termed

peremptory

Testimony that Tommy told me that bobby was there is an example of

Hearsay

If defense attorney picking a jury feels that the other attorney improperly struck a potential juror then the defense attorney may issue a

Batson challenge

According to the professor, most trial are won or lost at jury selection

True

During opening statements the prosecution gets to tell the jury what evidence they plan to introduce.

True

A presumption is a conclusion or deduction that the law requires the trier of fact to make in the absence of evidence to the contrary

True

Sanity is a presumption of law

True

Innocence is not a presumption of law

False

In order for the prosecution to win a case they must prove it beyond a reasonable doubt.

True

Circumstantial evidence is not allowed in court

False

Direct evidence from a witness is always correct and cannot be brought into doubt

False

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