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79 terms

Courts and Judicial Process Final

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index crimes
type one crimes are also known as...
8-1
According to the UCR _____ property vs violent crimes
50, violent
_____% of _____ crime is reported to police
20
out of crimes reported, ____% actually result in an arrest
1980, drug, 300
since _____, the number of _____ related crimes has increased by _____%
initial appearance
in most jurisdictions, misdemeanor defendants enter a plea and are sentenced at what stage?
True
T/F: You can legally be detained without having been read your rights
6th
Which amendment states that all criminal prosecutions accused shall be informed of the nature of the crime committed?
probable cause
What is the burden of proof required at preliminary hearings?
true bill
What is the return of a grand jury indictment referred to as?
no bill
What term refers to no grand jury indictment?
prosecutor
Who dominates the grand jury?
80-90, prosecutor
Between ______% of grand juries rubber stamp the indictment because it is what the _____ wants
charged with a crime
If a person is indicted, that person is....
shield and sword
Two primary duties of the grand jury have been summarized in the phrase
arraignment
During the ____ the felony defendant is formally accused of a crime and formally must enter a plea.
nolle prosequi
Latin phrase when prosecutor dismisses charges
Type 2 offenses
Drug crimes fall under....
True
T/F: In federal courts, the number of suspects prosecuted by US attorney has doubled since 1980
False
T/F: property crimes have a higher clearance rate than violent crimes
False
T/F: Grand juries decide the guilt or innocence for felony defendants charged with felony offenses
sufficient evidence, not guilt or innocence
What are grand juries looking for when felony defendants are charged with felony offenses?
False
T/F: Grand jury proceedings are held in a court room that is open to the public.
True
T/F: A witness may not refuse the governments offer to immunity
False
T/F: Having probable cause is enough for a case to go to trial in the eyes of a seasoned prosecutor
evidence
In the eyes of a seasoned prosecutor, you need enough _____ to be winnable
transactional
when _____ immunity is granted, prosecutor agrees not to prosecute the witness for any crimes committed
ROR, bail bondsmen, cash bond, property bond
four types of bail
equal to double
The equity of the property must be _______ the amount of the bond for a property bond
8th
Which amendment states that excessive bail shall not be required?
700,000, 63%
On any given day, there are more than ______ persons in jail and nearly what percent have not yet been convicted of a crime?
either judge did not set bail, they broke probation, or they could not afford bail
what are reasons people sit in jail when they have not been convicted of a crime?
twice
Nationwide, defendants with an active criminal history are almost ____ as likely as those without such a status to be detained until case dispostion
seriousness of the crime and the defendants prior history
which factor is the most important in determining the amount of bail to set?
10
Fewer than what percent of murder defendants in state court are given pretrial release?
first time offender, recidivist whose new crime is more serious that the other crime, violent
What is considered a bad risk by a bail bondsmen?
22
A study of felony defendants in large urban counties found that what percent of released defendants missed one or more court appearances?
bench warrant
Which is the type of warrant issued by a judge for a defendant who skips on bail, meaning they failed to appear in court
Hispanic
which type of defendant is most likely to be detained pending trial
the Bail Reform Act of 1984
Which of the following authorized preventive detention for federal defendants accused of serious crimes?
64
Arrestee Drug Abuse Monitoring (ADAM) are surveys and tests that are given out to people who are arrested and its to see what drugs they are on or what they abuse: what percent of male arrestees test positive for recent illegal drug use?
only defendants accused of capital crimes
which of the following defendants have no right to bail?
True
T/F: Regardless of whether a defendant appears in court, the amount of money put down on a bond from a bail agent is nonrefundable.
True
T/F: The demeanor of the defendant influences how much bail is set.
True
T/F: Cooperative defendants are more likely to gain pretrial release
False
T/F: Bail bondsmen posses fewer apprehension powers than law enforcement officials
False
T/F: As long as the defendant can pay his or her fee, a bail bondsmen will accept anyone as a client.
discovery
the informal and formal exchange of information between the prosecutor and the defense attorney prior to trial is called...
all exculpatory evidence and any prior inconsistent statements made by the witness
what types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions
types of evidence that must be turned over with a motion to the defendant
books, papers, and documents including written or reported statements made by defendants or witnesses, results of forensic tests, and summarys of expert testimonies that the government tends to offer
Brady material
the requirement that the defense disclose materials to the prosecutor prior to trial is called..
miranda warnings
which of the following is not one of the three distinct types of exclusionary rules
Must be free and voluntary
the traditional legal rule regarding confessions is that confessions...
Mapp v Ohio
which supreme court case extends the exclusionary rule to the states
exclusionary rule
what legal doctrine was established to control police misconduct
breath and blood samples, handwriting samples, fingerprints
the Miranda warnings do not have to be given before law enforcement obtains...
warrant and warrantless
searches fall into 2 broad categories which are...
Terry v Ohio
Which supreme court case deals with stop and frisk
probable cause
which of the following is the PRIMARY requirement for a search warrant
only judges
arrest warrants maybe issued by...
airports and borders, searches of students in schools, searched of public employees at their work places
searches in which of the following locations do not require a search warrant
trial judge
decision to suppress evidence rests with the...
True
T/F: the prosecution has no obligation to provide to the defense potentially exculpatory information that would not be admissible in court
True
T/F:there is no constitutional right to discovery in a criminal case
False
T/F: police officers must advise suspects that they have a right to not consent to a search
True
T/F: the majority of searches are conducted without a warrant
deliberately overcharged
to gain a potential advantage in plea bargaining, prosecutors will sometimes....
2-10
although most cases are disposed by a guilty plea approximately what % of defendants are tried
Boykin
A defendant who pleads guilty is generally required to read and sign a _____ form
intelligently and voluntarily
a defendants guilty plea must be...
pleads guilty to the original charge
with a plea on the nose, a defendant...
allocution
in a _____ hearing the defendant in open court must admit to the conduct central to the criminality of crimes charged
adversary system of justice
plea bargaining is arguably contrary to the....
False
T/F: plea bargaining did not become well established in the US until the 1960s
True
T/F: in the federal court system judges are prohibited from being involved in the plea negotiations
True
T/F: overall the seriousness of the offense is the most important factor in how the courtroom workgroup approaches plea negotiations
False
T/F: a nolo contendre plea has all the same criminal and civil consequences as a guilty plea
False
T/F: once entered a guilty plea pursuant to a plea bargain can never be withdrawn
True
T/F: a guilty plea involves the wavier of many constitutional rights