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Criminal Justice

Subject : law

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Right to compulsory process
Depression and loneliness are common and inmates must learn coping behaviors
Inmate must serve at least 85% of sentence imposed by court
The right to compel witnesses via subpoena
Day Fees

2. According to the stop and frisk rule - established by the Terry vs Ohio case a police officer may stop and frisk a person...
Guaranteed by the 6th amendment.
Indigent Defendant
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
If the officer supects that the person carrying weapons

3. The sizure of personal property by the state as a civil or criminal penalty.
Property crimes
Forfeiture
Judge should excuse himself or herself in there is a conflict of interest
Fine

4. A short prison sentence served in boot camp-type facilities
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Shock Incarceration
Make-believe family

5. Problems of Parole
Boot Camp
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
1. Probability of error; 2. Unfair use of discretion; 3. Misplaced vengeance; 4. Weak public support; 5. Little deterrent effect; 6. Race/Gender biases; 7. Brutal; 8. Expensive
Intake

6. A community-based correctional facility that houses inmates before their outright released so that they can become gradually acclimatd to conventional society.
Test for one's competents to stand trial
Should treat people of different classes equitably
Halfway House
Parole

7. Capital Punishment
Property crimes
The death penalty only applies to first degree murder and only when aggravating circumstances are present
Marriage
Pennsylvania System

8. Consecutive sentence
The accused must be brought to trial within 100 days of being arrested
Sentence served one after another
Trial by a judge without jury
Cruel and Unusual Punishment

9. Process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant.
6 person jury is required by law jury must come to unanminous verdit
Unreported crimes - police corruption - police errors
Recoupment
Forfeiture

10. According to Cohen's sub-culture or cultural deviance theory - gang values...
Defense Attorney
Tend to be in opposition to mainstream cultural values
Established customs and traditions
The place and its charecteristics

11. An administrative act performed by a parole authority that remove a person from parole -or a judicial orded by a court removing a person from parole or probation - in response to a violation on the part of the parolee.
Whent he punishment of one offender deters others
Supreme court has established that criminal trials must remain public
Revocation
Highway Patrol

12. What are the Defendants Legal Rights at Trial?
16
Most widely used type of sentence - goal is to indivdualize punishment
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
1. Impartial Judge; 2. Competent to Stand Trial; 3. Confront Witnesses; 4. Compulsory Process; 5. Impartial Jury; 6. Counsul; 7. Speedy Trial; 8. Public Trial

13. In order for a case to be heard by the Supreme Court...
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
Parole
At least four justices have to agree that it should be heard by the Supreme Court and a writ of certiorari must be filed with the Supreme Court
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)

14. How many percent of criminal defendents are considered indigent?
Established customs and traditions
90%
Boot Camp
Anger Managment

15. Are Jury trial common in the U.S.?
Grand Jury
No - jury trials are NOT very common in the U.S.
1. determinate; 2. mandatory; 3. interminate
Televised coverage is not permitted in federal courts

16. Mandatory Sentence
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Statutory requirement - limits judges power
Most widely used type of sentence - goal is to indivdualize punishment
Forfeiture

17. An example of the criminal defense of justifaction is...
Highway Patrol
Trial by a judge without jury
If the officer supects that the person carrying weapons
Self-defense and insanity

18. Evidentiary Standard
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
16
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt
Higher

19. Three Strikes Law
Private attorneys
Fine
About 20% and most police departments require at least an associates degree
Lengthy prison term for 3rd felony offense even if it is a minor offense

20. An argument in favor of the O.J. trial is likely to point to the fact that...
Sentence served simultaneously
There were too many police errors to trust the police evidence
Intake
Defines what is criminal behavior and appropriate punishments

21. Who has a better record of defending clients; private or public attorneys?
Miranda Waivers are particularly relevent to juveniles
Private attorneys
Intake
Assembly line

22. Argument against the Death Penalty
Televised coverage is not permitted in federal courts
Highway Patrol
1. Probability of error; 2. Unfair use of discretion; 3. Misplaced vengeance; 4. Weak public support; 5. Little deterrent effect; 6. Race/Gender biases; 7. Brutal; 8. Expensive
90%

23. Peremptory Challenge
There were too many police errors to trust the police evidence
When a jury member is challenged for no reason
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
If the officer supects that the person carrying weapons

24. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
Community Treatment
Probation
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
Probation Rules

25. The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceeding.
Probation Rules
16
Recoupment
Intake

26. Are tv camara's aloud in federal court?
Televised coverage is not permitted in federal courts
About 20% and most police departments require at least an associates degree
45 states have provisions that allow judges to transer cases to the adult court room
Furlough

27. Mens reas is important in determining if a person can be held criminally responsible and refers specifically to...
It has been long routine in penal instutitions; there are 123 rape victims per 1000 inmates. According to inmates prison staff commit more crimes then other inmates
Established customs and traditions
Most widely used type of sentence - goal is to indivdualize punishment
Whether the person intentionally committed the act

28. Concurrent Sentence
Sentence served simultaneously
Went down steadily
There were too many police errors to trust the police evidence
A crime that is considered especially immoral

29. Legal counsel for the defendant in a criminal case - representing to final appeal.
Make-believe family
Defense Attorney
1. Probability of error; 2. Unfair use of discretion; 3. Misplaced vengeance; 4. Weak public support; 5. Little deterrent effect; 6. Race/Gender biases; 7. Brutal; 8. Expensive
Inmate must serve at least 85% of sentence imposed by court

30. The Supreme Court descison on NO EXCEPTIONS said that...
A fixed term of incarceration
All evidence that is obtained illegally must be thrown out from the use at trial
If the punishment is 6 months in prisonment or more
Shock Probation

31. From 1995 to 2005 - the crime rate in the U.S...
1. guilty; 2. not guilty; 3. hung jury
Went down steadily
Community Service Restitution
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)

32. Programs designed to help people who have become dependent on anger as a primary means of expressing themselves and those who inappropriately use anger or the threat of violence as a means to get their way.
Anger Managment
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt
Pre-Sentence Investigation
Forfeiture

33. An example of the criminal defense of EXCUSE is...
Police training - fingerprinting - and polygraph tests
Probation
Insanity - battared woman syndrome - status as a juvenile
Unreported crimes - police corruption - police errors

34. The use of an alternative to trial - such as referral to treament or employment programs.
Diversion
Forfeiture
7 Million Americans
At least four justices have to agree that it should be heard by the Supreme Court and a writ of certiorari must be filed with the Supreme Court

35. What did the BAIL REFORM ACT of 1984 establish?
6 person jury is required by law jury must come to unanminous verdit
Probation
1. determinate; 2. mandatory; 3. interminate
PRESUMPTION of DETENTION to limit the release of suspects on bail

36. Problem of Re-entry
1. Large numbers of re-entering inmates; 2. Legal prohibition on kinds of employment; 3. Limits on obtaining licenses; 4. Restriction on freedom of movment
Restorative Justice
Intake
Self-incrimination

37. Jury Selection

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38. The attempt by correctional agencies to maintain convicted offenders in the community instead of a secure facilty it includes probation - parole and residential programs.
Halfway House
Increasing
Community Treatment
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent

39. Status Offenders
New York (Auburn) System
Established customs and traditions
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Forfeiture

40. A correctional institution for those convicted of major crimes
Indigent Defendant
Penitentiary House
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent

41. The PRIMARY work of state law enforcement agencies involve...
Highway Patrol
Went down steadily
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent
All evidence that is obtained illegally must be thrown out from the use at trial

42. Arguments for the Death Penalty

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43. A view of criminal justice that focuses on crime as an act against the community rather than the state
Illegally obtained confessions - cruel and unusual punishment and an impartial jury
Restorative Justice
Probation
Defines what is criminal behavior and appropriate punishments

44. Delinquents
Committed an act in violation of the penal code
The search of abandoned property - the search of an open field - the fly-over search of property
Self-defense and insanity
A crime that is considered especially immoral

45. Right to be competent at trail

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46. A correctional policy that allow inates to leave the institution for vocational or educational training - for employment - or to maintain famly ties.
Intermediate Sanctions
Total Instutution
1. Impartial Judge; 2. Competent to Stand Trial; 3. Confront Witnesses; 4. Compulsory Process; 5. Impartial Jury; 6. Counsul; 7. Speedy Trial; 8. Public Trial
Furlough

47. A form of intermediate sanction that requires that the convicted offender spend a designated amount of time per week in his or her own home-such as from 6:00 P.M. Friday until 8:00 A.M.
House Arrest
Unreported crimes - police corruption - police errors
Pre-Sentence Investigation
The right to compel witnesses via subpoena

48. The Conflict View of criminal definitions assumes that criminal law expresses...
Claiming he/she did not have effective counsul - claiming the plea was not made voluntarily and claiming that the prosecuter did not keep his/her promises made in the agreement
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution
The views of powerful elites in society
Pennsylvania System

49. Truth in Sentencing
Sentence served one after another
Recoupment
They frequently mistake the indentity of suspects
Inmate must serve at least 85% of sentence imposed by court

50. A defendent who lacks the funds to hire a private attorney and is therefore entitled to free counsel.
Indigent Defendant
Recoupment
1. Probability of error; 2. Unfair use of discretion; 3. Misplaced vengeance; 4. Weak public support; 5. Little deterrent effect; 6. Race/Gender biases; 7. Brutal; 8. Expensive
Intermediate Sanctions

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