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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. Legal counsel for the defendant in a criminal case - representing to final appeal.
Defense Attorney
New York (Auburn) System
If the punishment is 6 months in prisonment or more
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

2. Physical punishment or punishment that is far in excess of that given to people under similar circumstances and is therefore banned by the eighth amendment. The death penalty has so far not been considered cruel and unusual if it is administered in f
Fine
Cruel and Unusual Punishment
Substantive Rights
Should treat people of different classes equitably

3. The attempt by correctional agencies to maintain convicted offenders in the community instead of a secure facilty it includes probation - parole and residential programs.
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
The death penalty only applies to first degree murder and only when aggravating circumstances are present
Community Treatment
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

4. An argument in favor of the O.J. trial is likely to point to the fact that...
Revocation
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Young - male - minority - poor
There were too many police errors to trust the police evidence

5. How many percent of criminal defendents are considered indigent?
No - jury trials are NOT very common in the U.S.
Determined by judge -statutory requirements and jury recommendation
90%
Supreme court has established that criminal trials must remain public

6. Problem of Re-entry
Society expects them to be criminals
Responding to calls of service not chasing down criminals or making arrests
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
Rational - self- intersted and hedonistic

7. 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
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
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
If juror might be biased; if juror has knowledge of case; if unable to be impartial

8. A short prison sentence served in boot camp-type facilities
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
Shock Incarceration
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
The accused must be brought to trial within 100 days of being arrested

9. A court order requiring a witness to appear in court at a specified time and place.
Pennsylvania System
Subpoena
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
7 Million Americans

10. From 1995 to 2005 - the crime rate in the U.S...
Were considered highly educated in their time period
Most are in minimum security and are less violent
Went down steadily
1. Concurrent Jurisdiction; 2. Statutory Jurisdiction; 3. Judicial Waiver

11. Mandatory Sentence
Statutory requirement - limits judges power
Grand Jury
Whent he punishment of one offender deters others
Shock Incarceration

12. According to the Supreme Court - the following activities would not violate individual protections against illegal seasrch and seizure...
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
Jail
Property crimes
The search of abandoned property - the search of an open field - the fly-over search of property

13. Challenged for cause
If juror might be biased; if juror has knowledge of case; if unable to be impartial
Increasing
When a jury member is challenged for no reason
Forfeiture

14. About how much does the U.S. spend on the criminal justice system every year?
Pre-Sentence Investigation
7 Million Americans
$200 billion
No - jury trials are NOT very common in the U.S.

15. Motion for a direct verdict
Restitution
Judge directs jury to acquit the defendant because the prosecution has fail to prove the elements of the crime according to legal standards
16
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent

16. 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.
Determined by judge -statutory requirements and jury recommendation
Super Maximum-Security Prison
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
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

17. An example of the criminal defense of justifaction is...
15 states allow the prosecutor to decide
Self-defense and insanity
18
Were considered highly educated in their time period

18. In the common law - a crime that is considered mala in se is...
A crime that is considered especially immoral
45 states have provisions that allow judges to transer cases to the adult court room
Went down steadily
Whether the person intentionally committed the act

19. 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.
A fixed term of incarceration
Targets low level quality of life crimes to eliminate disorder in the community
Restorative Justice
House Arrest

20. Which is more common - violent crimes or property crimes?
All evidence that is obtained illegally must be thrown out from the use at trial
Property crimes
Highway Patrol
Determined by judge -statutory requirements and jury recommendation

21. What percentage of police departments require officers to have a college degree?
About 20% and most police departments require at least an associates degree
16
PRESUMPTION of DETENTION to limit the release of suspects on bail
Judge directs jury to acquit the defendant because the prosecution has fail to prove the elements of the crime according to legal standards

22. A view of criminal justice that focuses on crime as an act against the community rather than the state
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
Should treat people of different classes equitably
Restorative Justice
Sentence served one after another

23. A defendent who lacks the funds to hire a private attorney and is therefore entitled to free counsel.
Private attorneys
Indigent Defendant
$200 billion
18

24. Evidentiary Standard
Collecting taxes and supervising elections
There were too many police errors to trust the police evidence
Determined by judge -statutory requirements and jury recommendation
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt

25. A sentence in which offenders serve a short prison term before they begin probation - to impress them with the pain of imprisonment.
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
Determined by judge -statutory requirements and jury recommendation
Sentence served one after another
Shock Probation

26. The officers of the London Metropolitan Police...
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
Probation
Rational - self- intersted and hedonistic
Were considered highly educated in their time period

27. Truth in Sentencing
Went down steadily
Young males - unemployed or low income - prior criminal record or history
Young - male - minority - poor
Inmate must serve at least 85% of sentence imposed by court

28. Are Jury trial common in the U.S.?
No - jury trials are NOT very common in the U.S.
Parole
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Responding to calls of service not chasing down criminals or making arrests

29. A person can challenge a guilty plea by...
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
Indigent Defendant
Shock Incarceration
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

30. Right to speedy trial
The accused must be brought to trial within 100 days of being arrested
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 juror might be biased; if juror has knowledge of case; if unable to be impartial
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)

31. What time of year are crime rates in the U.S. the highest?
Should treat people of different classes equitably
Fine
Subpoena
Summer

32. Consecutive sentence
Sentence served one after another
Boot Camp
Is favorable because it increases efficiency
Established customs and traditions

33. An example of the criminal defense of EXCUSE is...
Total Instutution
Insanity - battared woman syndrome - status as a juvenile
Intermediate Sanctions
Day Fees

34. Probation failure correlates to...
Young males - unemployed or low income - prior criminal record or history
Statutory requirement - limits judges power
New York (Auburn) System
nolle prosequi

35. Mens reas is important in determining if a person can be held criminally responsible and refers specifically to...
Whether the person intentionally committed the act
Assembly line
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
About 10 felony arrests per month

36. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
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
About 20% and most police departments require at least an associates degree
Furlough
Probation

37. An investigation performed by a probation officer attached to a trial court after the conviction of a defendent.
Pre-Sentence Investigation
Make-believe family
The views of powerful elites in society
Jail

38. Bench Trial
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
1. determinate; 2. mandatory; 3. interminate
Trial by a judge without jury
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution

39. The group of punishment falling between probation and prison. Community-based sanction - including house arrest and intensive supervision - serve as alternatives to incarceration.
Statutory requirement - limits judges power
Intermediate Sanctions
Rational - self- intersted and hedonistic
Probation Rules

40. A prison system - developed in Pennsylvania during the nineteeth centry - based on total isolation and individual pentence.
Responding to calls of service not chasing down criminals or making arrests
Defines what is criminal behavior and appropriate punishments
Tend to be in opposition to mainstream cultural values
Pennsylvania System

41. Good time
Can earn 10 to 15 days per month and sentence reduction
Committed an act in violation of the penal code
Social agent
Sentence served simultaneously

42. Establishes the practices and processes of the criminal law
1. Concurrent Jurisdiction; 2. Statutory Jurisdiction; 3. Judicial Waiver
Super Maximum-Security Prison
The procedural criminal law
Restitution

43. Common concerns with the privatization of policing includes...
Maximum-Security
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
6 person jury is required by law jury must come to unanminous verdit
If the officer supects that the person carrying weapons

44. The average officers makes how many felony arrests per month?
Shock Probation
Trial by a judge without jury
7 Million Americans
About 10 felony arrests per month

45. The decision by a prosecuttor to drop a case after a complaint has been made because of - for examples - insufficatient edvidence.
Established customs and traditions
nolle prosequi
Unreported crimes - police corruption - police errors
Penitentiary House

46. Factors that Influence Sentencing
Lengthy prison term for 3rd felony offense even if it is a minor offense
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)

47. Determinate Sentencing
A fixed term of incarceration
Self-defense and insanity
Enter a plea
The views of powerful elites in society

48. In colonial America - the county sheriff's job included...
No - jury trials are NOT very common in the U.S.
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
Day Fees
Collecting taxes and supervising elections

49. According to Shaw and McKay's social disorganization theory - crime rates in a geographic area can be explained by...
Judge should excuse himself or herself in there is a conflict of interest
Test for one's competents to stand trial
The place and its charecteristics
Penitentiary House

50. Women Imprisoned
Most are in minimum security and are less violent
Sentence served one after another
90%
Forfeiture