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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. How many percent of criminal defendents are considered indigent?
90%
Whent he punishment of one offender deters others
Counting the number of rapes in the U.S.
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

2. From 1995 to 2005 - the crime rate in the U.S...
Went down steadily
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
Higher
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self

3. A person can challenge a guilty plea by...
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
Property crimes
Maximum-Security
If the officer supects that the person carrying weapons

4. According to choice theories of crime (classical school) - humans are'
Rational - self- intersted and hedonistic
Televised coverage is not permitted in federal courts
The search of abandoned property - the search of an open field - the fly-over search of property
1.4 million

5. What percentage of police departments require officers to have a college degree?
Loyalty is a critical component of the police subculture
About 20% and most police departments require at least an associates degree
Whether the person intentionally committed the act
Furlough

6. Right to speedy trial
The accused must be brought to trial within 100 days of being arrested
Defense Attorney
All evidence that is obtained illegally must be thrown out from the use at trial
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime

7. A place to detain people awaiting trial - to serve as a lockup for drunks and disorderly individuals - and to confine convicted misdemeanants serving sentences of less then ten
Pre-Sentence Investigation
Grand Jury
Probation
Jail

8. Why are investigations of police misconduct tricky?
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
Loyalty is a critical component of the police subculture
Day Fees
Unresolved personality conflicts in early childhood

9. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
The procedural criminal law
Miranda Waivers are particularly relevent to juveniles
Probation
Targets low level quality of life crimes to eliminate disorder in the community

10. What is one problem with eye-witnesses?
Inmate must serve at least 85% of sentence imposed by court
They frequently mistake the indentity of suspects
PRESUMPTION of DETENTION to limit the release of suspects on bail
No - jury trials are NOT very common in the U.S.

11. The Conflict View of criminal definitions assumes that criminal law expresses...
Minimum-Security Prison
1. Jury Selection; 2. Opening Statement; 3. Prosecution Case; 4. Motion for Directed Verdict; 5. Closing Argument; 6. Direction to Jury; 7. Verdict; 8. Sentence; 9. Appeal
The views of powerful elites in society
Judge should excuse himself or herself in there is a conflict of interest

12. 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
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Collecting taxes and supervising elections
Social agent

13. Which is more common - violent crimes or property crimes?
A fixed term of incarceration
Maximum-Security
Property crimes
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons

14. What is the common criteria for juveniles to be diverted to community programs?
1. First time offender; 2. Non-violent or status offender; 3. Alcahol or drug problem
Community Treatment
A crime that is considered especially immoral
Probation

15. According to the stop and frisk rule - established by the Terry vs Ohio case a police officer may stop and frisk a person...
If the officer supects that the person carrying weapons
If juror might be biased; if juror has knowledge of case; if unable to be impartial
Loyalty is a critical component of the police subculture
Went down steadily

16. An example of the criminal defense of justifaction is...
Subpoena
Unreported crimes - police corruption - police errors
Self-defense and insanity
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime

17. Some of the policing reforms that August Vollmer proposed include...
Obstacle course
Diversion
Police training - fingerprinting - and polygraph tests
Most widely used type of sentence - goal is to indivdualize punishment

18. Who has a better record of defending clients; private or public attorneys?
Grand Jury
An example of the criminal defense of Justification
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
Private attorneys

19. Stare decisis refers to the concept that legal decisions should be based on...
Were considered highly educated in their time period
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
Indigent Defendant
Established customs and traditions

20. Right to public trial
If juror might be biased; if juror has knowledge of case; if unable to be impartial
Supreme court has established that criminal trials must remain public
If the officer supects that the person carrying weapons
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

21. Argument against the Death Penalty
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
The right to compel witnesses via subpoena
Self-defense and insanity
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

22. The PRIMARY work of state law enforcement agencies involve...
Highway Patrol
The local police
Judge directs jury to acquit the defendant because the prosecution has fail to prove the elements of the crime according to legal standards
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

23. Probation failure correlates to...
PRESUMPTION of DETENTION to limit the release of suspects on bail
Parole
Young males - unemployed or low income - prior criminal record or history
A crime that is considered especially immoral

24. A program requiring probationers to pay in part for the costs of their treatment.
Guaranteed by the 6th amendment.
Day Fees
Enter a plea
Trial by a judge without jury

25. Three Strikes Law
Higher
Lengthy prison term for 3rd felony offense even if it is a minor offense
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
Established that juveniles should be rehabilitated not punished and that children should not be treated as adults

26. A defendent who lacks the funds to hire a private attorney and is therefore entitled to free counsel.
Public Defender
Obstacle course
Insanity - battared woman syndrome - status as a juvenile
Indigent Defendant

27. Duties of probation officers
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
Boot Camp
A fixed term of incarceration
Intake

28. Determinate Sentencing
A fixed term of incarceration
Diversion
Day Fees
Statutory requirement - limits judges power

29. Indeterminate Sentencing
Probation Rules
Self-defense and insanity
Can earn 10 to 15 days per month and sentence reduction
Most widely used type of sentence - goal is to indivdualize punishment

30. Establishes the practices and processes of the criminal law
The procedural criminal law
Self-defense and insanity
Unreported crimes - police corruption - police errors
16

31. Miranda Rights...
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
Defense Attorney
Higher
Miranda Waivers are particularly relevent to juveniles

32. The sizure of personal property by the state as a civil or criminal penalty.
Forfeiture
Unreported crimes - police corruption - police errors
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
Obstacle course

33. Delinquents
Summer
Day Fees
There were too many police errors to trust the police evidence
Committed an act in violation of the penal code

34. Legal counsel for the defendant in a criminal case - representing to final appeal.
Unresolved personality conflicts in early childhood
The procedural criminal law
Total Instutution
Defense Attorney

35. Problems of Parole
Subpoena
Maximum-Security
Total Instutution
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits

36. Alternative Correctional Institution
7 Million Americans
16
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Higher

37. An attorney employed by the government to represent criminal defenders who cannot afford to pay for a lawyer.
Recoupment
45 states have provisions that allow judges to transer cases to the adult court room
Guaranteed by the 6th amendment.
Public Defender

38. Are tv camara's aloud in federal court?
When a jury member is challenged for no reason
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Televised coverage is not permitted in federal courts

39. Right to an impartial jury
6 person jury is required by law jury must come to unanminous verdit
A crime that is considered especially immoral
Maximum-Security
Most widely used type of sentence - goal is to indivdualize punishment

40. About how much does the U.S. spend on the criminal justice system every year?
Miranda Waivers are particularly relevent to juveniles
Depression and loneliness are common and inmates must learn coping behaviors
$200 billion
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

41. 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.
Shock Incarceration
Anger Managment
15 states allow the prosecutor to decide
Established customs and traditions

42. Goals of Punishment
Rational - self- intersted and hedonistic
Whent he punishment of one offender deters others
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution

43. In order for a case to be heard by the Supreme Court...
Established that juveniles should be rehabilitated not punished and that children should not be treated as adults
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent
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
PRESUMPTION of DETENTION to limit the release of suspects on bail

44. Judicial Waiver
45 states have provisions that allow judges to transer cases to the adult court room
Can earn 10 to 15 days per month and sentence reduction
Young - male - minority - poor
Were considered highly educated in their time period

45. What is Duress?
15 states allow the prosecutor to decide
An example of the criminal defense of Justification
Judge should excuse himself or herself in there is a conflict of interest
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

46. A prison treatment program that allows inmates to be released during the day to work in the community and return to prison at night.
Lengthy prison term for 3rd felony offense even if it is a minor offense
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
If the officer supects that the person carrying weapons
Work Release

47. What did the BAIL REFORM ACT of 1984 establish?
1. Concurrent Jurisdiction; 2. Statutory Jurisdiction; 3. Judicial Waiver
Higher
1. guilty; 2. not guilty; 3. hung jury
PRESUMPTION of DETENTION to limit the release of suspects on bail

48. Prison Rape/Sexual Coercion
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
Total Instutution
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Obstacle course

49. Civil right that include the right of inmates to receive mail and medical benefits and to practice their religion.
Rational - self- intersted and hedonistic
Parole
Substantive Rights
Pennsylvania System

50. Mandatory Sentence
Guaranteed by the 6th amendment.
Statutory requirement - limits judges power
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Can earn 10 to 15 days per month and sentence reduction