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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. Packer describes the due process model of the criminal justice system operating like an...
Obstacle course
Inmate must serve at least 85% of sentence imposed by court
Unreported crimes - police corruption - police errors
The right to compel witnesses via subpoena

2. The attempt by correctional agencies to maintain convicted offenders in the community instead of a secure facilty it includes probation - parole and residential programs.
Prison
Community Treatment
Anger Managment
Probation

3. In the common law - a crime that is considered mala in se is...
Forfeiture
nolle prosequi
7 Million Americans
A crime that is considered especially immoral

4. An example of the criminal defense of EXCUSE is...
Young - male - minority - poor
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
1.4 million
Insanity - battared woman syndrome - status as a juvenile

5. Process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant.
Went down steadily
Defense Attorney
New York (Auburn) System
Recoupment

6. An example of the criminal defense of justifaction is...
Self-incrimination
Self-defense and insanity
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
Intermediate Sanctions

7. A person can challenge a guilty plea by...
Substantive Rights
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. Large numbers of re-entering inmates; 2. Legal prohibition on kinds of employment; 3. Limits on obtaining licenses; 4. Restriction on freedom of movment
6 person jury is required by law jury must come to unanminous verdit

8. Right to public trial
The FBI
Revocation
Supreme court has established that criminal trials must remain public
The procedural criminal law

9. A group of citizens chosen to hear charges against persons accused of crime and to determine whether there is sufficient evidence to bring the person to trial.
1. determinate; 2. mandatory; 3. interminate
Established that juveniles should be rehabilitated not punished and that children should not be treated as adults
Grand Jury
Should treat people of different classes equitably

10. The Conflict View of criminal definitions assumes that criminal law expresses...
1. First time offender; 2. Non-violent or status offender; 3. Alcahol or drug problem
The views of powerful elites in society
Pre-Sentence Investigation
The FBI

11. A short term militaristic correctional facility in which inmates undergo intensive physical conditioning and discipline.
Revocation
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
Obstacle course
Boot Camp

12. A community-based correctional facility that houses inmates before their outright released so that they can become gradually acclimatd to conventional society.
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt
Test for one's competents to stand trial
Halfway House
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons

13. What is the common criteria for juveniles to be diverted to community programs?
Highway Patrol
The views of powerful elites in society
Tend to be in opposition to mainstream cultural values
1. First time offender; 2. Non-violent or status offender; 3. Alcahol or drug problem

14. How confidential are juvenile records kept?
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
Self-defense and insanity
Most widely used type of sentence - goal is to indivdualize punishment
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

15. What are the Defendants Legal Rights at Trial?
Society expects them to be criminals
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
Cruel and Unusual Punishment
Depression and loneliness are common and inmates must learn coping behaviors

16. Competent Standard

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17. The sizure of personal property by the state as a civil or criminal penalty.
The accused must be brought to trial within 100 days of being arrested
Restorative Justice
45 states have provisions that allow judges to transer cases to the adult court room
Forfeiture

18. 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
6 person jury is required by law jury must come to unanminous verdit
They frequently mistake the indentity of suspects
Tend to be in opposition to mainstream cultural values

19. Trial Process
1. determinate; 2. mandatory; 3. interminate
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
Highway Patrol
No - jury trials are NOT very common in the U.S.

20. The 5th amendment protects citizens from...
House Arrest
Test for one's competents to stand trial
Intermediate Sanctions
Self-incrimination

21. Problems of Parole
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
$200 billion
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Collecting taxes and supervising elections

22. A program requiring probationers to pay in part for the costs of their treatment.
They frequently mistake the indentity of suspects
Responding to calls of service not chasing down criminals or making arrests
Day Fees
Summer

23. Stare decisis refers to the concept that legal decisions should be based on...
6 person jury is required by law jury must come to unanminous verdit
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
Established customs and traditions
Lengthy prison term for 3rd felony offense even if it is a minor offense

24. The group of punishment falling between probation and prison. Community-based sanction - including house arrest and intensive supervision - serve as alternatives to incarceration.
Intermediate Sanctions
Indigent Defendant
Most are in minimum security and are less violent
Public Defender

25. Delinquents
Committed an act in violation of the penal code
Depression and loneliness are common and inmates must learn coping behaviors
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
Community Treatment

26. A sentence in which offenders serve a short prison term before they begin probation - to impress them with the pain of imprisonment.
Social agent
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution
Shock Probation
1. First time offender; 2. Non-violent or status offender; 3. Alcahol or drug problem

27. Right to an impartial judge
When a jury member is challenged for no reason
Judge should excuse himself or herself in there is a conflict of interest
Statutory requirement - limits judges power
Tend to be in opposition to mainstream cultural values

28. According to Packer's due process model of criminal justice - plea bargaining...
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution
Is favorable because it increases efficiency
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
nolle prosequi

29. Some of the policing reforms that August Vollmer proposed include...
Police training - fingerprinting - and polygraph tests
House Arrest
1. guilty; 2. not guilty; 3. hung jury
Self-incrimination

30. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
PRESUMPTION of DETENTION to limit the release of suspects on bail
If juror might be biased; if juror has knowledge of case; if unable to be impartial
Probation

31. The use of an alternative to trial - such as referral to treament or employment programs.
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
Diversion
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Higher

32. What was significant about the Illinois Juvenile Court Act of 1899?
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Established that juveniles should be rehabilitated not punished and that children should not be treated as adults
All evidence that is obtained illegally must be thrown out from the use at trial
Grand Jury

33. According to the stop and frisk rule - established by the Terry vs Ohio case a police officer may stop and frisk a person...
Shock Probation
If the officer supects that the person carrying weapons
Higher
Were considered highly educated in their time period

34. Status Offenders
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Depression and loneliness are common and inmates must learn coping behaviors
No - jury trials are NOT very common in the U.S.
Substantive Rights

35. Right to compulsory process
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
There were too many police errors to trust the police evidence
Statutory requirement - limits judges power
The right to compel witnesses via subpoena

36. The sentence
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
Statutory requirement - limits judges power
Determined by judge -statutory requirements and jury recommendation
Public Defender

37. Arguments for the Death Penalty

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38. Capital Punishment
Make-believe family
The death penalty only applies to first degree murder and only when aggravating circumstances are present
Subpoena
The search of abandoned property - the search of an open field - the fly-over search of property

39. Right to an impartial jury
The accused must be brought to trial within 100 days of being arrested
6 person jury is required by law jury must come to unanminous verdit
Established that juveniles should be rehabilitated not punished and that children should not be treated as adults
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

40. 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.
The U.S. Marshall
Revocation
Test for one's competents to stand trial
Highway Patrol

41. The newest form of a maximum-security prison that uses high-level securtity mesasure to incapacitate the nation's most dangerous criminals. Most inmates are in lockdown 23 hours per day.
Maximum-Security
Forfeiture
Super Maximum-Security Prison
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime

42. NCVS crime statistics are likely to be better then the UCR crimes statistics in...
Shock Probation
Marriage
Whether the person intentionally committed the act
Counting the number of rapes in the U.S.

43. A view of criminal justice that focuses on crime as an act against the community rather than the state
Depression and loneliness are common and inmates must learn coping behaviors
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self
Penitentiary House
Restorative Justice

44. Are arrest rates of drug-related crime higher or lower then they were in the 1970's?
No - jury trials are NOT very common in the U.S.
Private attorneys
Higher
Whether the person intentionally committed the act

45. Broken window policing is a strategy in which police officer...
Targets low level quality of life crimes to eliminate disorder in the community
Tend to be in opposition to mainstream cultural values
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt
Defense Attorney

46. Probation failure correlates to...
Young males - unemployed or low income - prior criminal record or history
Sentence served simultaneously
Intake
Police training - fingerprinting - and polygraph tests

47. The policing style associated with police officers belief that it is his duty to be a first line responder to various problems in the community is...
Social agent
Parole
Established customs and traditions
18

48. Levying a money payment on offenders to compensate society for their misdeeds
Fine
Prison
Substantive Rights
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

49. A prison system - developed in New York during the nineteenth centry - based on congregate work during the day and seperaton at night.
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
New York (Auburn) System
Property crimes
Young males - unemployed or low income - prior criminal record or history

50. Concurrent Sentence
Increasing
Sentence served simultaneously
1. Concurrent Jurisdiction; 2. Statutory Jurisdiction; 3. Judicial Waiver
Probation Rules