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CRIM Exam 3 chap 9-18

STUDY
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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.
cocaine
Which of the following is not classified as a Schedule I drug?
Decriminalization
______________ is a responsive strategy to the drug usage problem that substantially reduces penalties associated with drug use but may not eliminate them entirely.
Dade County Drug Court Model
Drug courts are a special state, county, or municipal court that offers first-time substance-abuse offenders judicially mandated and court supervised treatment alternatives to prison. They are innovative and are modeled after the:
Comprehensive Drug Abuse Prevention and Control Act of 1970
Which piece of legislation still forms the basis of federal enforcement efforts today?
Alcohol
The most widely used drug by offenders, prior to committing a crime, is:
opium
Schedule II drugs include all of the following except:
False
The first piece of major federal anti-drug legislation was with the controlled substance act of 1970.
False
Psychological dependence is a biologically based craving for a specific drug that results from frequent use of the substance.
False
The National Narcotics Intelligence Consumers Committee data indicate that Marijuana has become the country's most dangerous commonly used drug.
True
Schedule V controlled substances are prescription drugs with a low potential for abuse
False
The DARE program has been shown, through the commission of several studies, to be one of the most effective tools available to stop or reduce drug usage.
small groups of homegrown terrorists
The Bipartisan Policy Center's National Security Preparedness Group released a wide-ranging report on the evolving nature of terrorism. The report, Assessing the Terrorist Threat made it clear that the biggest threat to American national security may now be from:
extradition
___________ is the surrender by one state or jurisdiction to another of an individual accused or convicted of an offense in the second state or jurisdiction.
Interpol
The more familiar name of the International Criminal Police Organization is:
Homegrown terrorism
In 2009 U.S. Army Major Nidal Malik Hasan shot and killed 13 soldiers at Fort Hood, Texas. This may be an example of:
Hudud
Under Islamic law, what types of crimes are considered offenses against God?
Oklahoma City bombing
What bombing is thought to have been modeled after The Turner Diaries?
The Turner Diaries
_________________ describes an Aryan revolution that occurs in the United States during the1990s in which Jews, blacks, and other minorities are removed from positions of influence in government and society.
human smuggling
Illegal immigration in which an agent is paid to help a person cross a border clandestinely is known as:
Tazir
A _____________ crime is a minor violation of Islamic law that is regarded as an offense against society, not God.
Cuba
In 2005, the International Criminal Court's first official action was an investigation of:
murder
Which of the following is not a Hudud crime?
1988 with Pan-Am flight 103 over Scotland.
The first time Americans who were undeniably the target of international terrorism occurred in:
narcoterrorism
The link between drug traffickers and terrorists has been termed:
globalization
_______________ is the internationalization of trade, services, investment, information, and other forms of human social activity.
the Department of Homeland Security
Who is charged with protecting the nation's critical infrastructures against terrorist attack?
True
Cyberterrorism is a form of terrorism that makes use of high technology, especially computers and the Internet, in the planning and carrying out of terrorist attacks.
False
Tazir crimes are crimes against God under Islamic law.
False
The UN Code of Conduct for Law Enforcement Officials specifically targets Muslims and their rights.
True
An example of a transnational crime is a crime that is committed in one country but has substantial effects in another country.
True
Trafficking in persons (TIP) is the exploitation of unwilling or unwitting people through force, coercion, threat, or deception.
Twitter pages
In 2011, the California Highway Patrol created _____________ for each of its divisions to join in on the social media network to inform the public of what they do.
financial fraud
The Computer Institute and FBI survey of 2010/2011 found the number one security targeted attack against companies involved:
Daubert v. Merrell Dow Pharmaceuticals, Inc.
The U.S. Supreme Court case that eased the criteria for the introduction of scientific evidence at both civil and criminal trials, effectively clearing the way for the use of DNA evidence in the courtroom is:
Seaport shipping containers
The 2011, Department of Homeland Security report to Congress was mostly concerned with weapons of mass destruction and other contraband entering the United States through:
malware
A computer worm is also called:
technocrimes
Crimes that employ advanced or emerging technologies in their commission are referred to as:
Phishing
________________ is a relatively new form of high-technology fraud that uses official-looking e-mail messages to elicit responses from victims, directing them to phony websites.
"modern" system of personal identification.
Alphonse Bertillon created the first:
Software piracy
The unauthorized duplication of software or the illegal transfer of data from one storage medium to another is known as:
weapon of mass destruction
A chemical, biological, or nuclear weapon that has the potential to cause severe casualties is referred to as:
forensic anthropology
Which criminalistic technique is used to reconstruct the likeness of a decomposed or dismembered body?
criminalistics
_______________ is the use of technology in the service of criminal investigation; the application of scientific techniques to the detection and evaluation of criminal evidence.
Augmented Reality
The real-time and accurate overlay of digital information on a user's real-world experience, through visual, aural, and/or tactile interfaces is known as:
forensic entomology
The study of insect behavior to determine the time of death of a corpse is called:
Melendez-Diaz v. Massachusetts
In 2010, the U. S. Supreme court further defined the role of forensic analysts, deciding that they are "witnesses" and their reports are "testimonial"—meaning that, under the Constitution's Confrontation Clause, they must personally testify at trial unless the defendant waives his or right to cross-examine them in which of the following cases?
False
Biocrime is a criminal offense perpetrated through the use of biologically active substances, but does not include chemicals and toxins.
True
Forensic entomology is the study of insects as a scientific tool used in solving criminal cases
True
The Daily Officer is an example law enforcement use of social media to get their message across through a twitter account.
False
IAFIS is the latest improvement to DNA sampling.
False
Biometrics is a modern criminalistic technique used to determine the cause of injury or death.