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150 terms

Criminal justice final exam

exam final
STUDY
PLAY
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
A lot of pretrial publicity may be a reason for a judge to grant a change of venue
True