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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. Factors that Influence Sentencing
Community Service Restitution
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
Tend to be in opposition to mainstream cultural values
Lengthy prison term for 3rd felony offense even if it is a minor offense

2. A person can challenge a guilty plea by...
90%
Obstacle course
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
Intake

3. Process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant.
Pennsylvania System
About 10 felony arrests per month
Recoupment
Insanity - battared woman syndrome - status as a juvenile

4. 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...
House Arrest
Social agent
The procedural criminal law
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order

5. What is Duress?
Diversion
1. guilty; 2. not guilty; 3. hung jury
An example of the criminal defense of Justification
Insanity - battared woman syndrome - status as a juvenile

6. Indeterminate Sentencing
6 person jury is required by law jury must come to unanminous verdit
Most widely used type of sentence - goal is to indivdualize punishment
Judge should excuse himself or herself in there is a conflict of interest
Public Defender

7. What are the Defendants Legal Rights at Trial?
Pre-Sentence Investigation
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
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
They frequently mistake the indentity of suspects

8. Concurrent Sentence
Judge directs jury to acquit the defendant because the prosecution has fail to prove the elements of the crime according to legal standards
Sentence served simultaneously
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self
Unresolved personality conflicts in early childhood

9. Duties of probation officers
The views of powerful elites in society
1. Concurrent Jurisdiction; 2. Statutory Jurisdiction; 3. Judicial Waiver
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
When a jury member is challenged for no reason

10. The peak age for involvement in property crimes in the U.S is...
16
Self-defense and insanity
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
Furlough

11. Evidentiary Standard
There were too many police errors to trust the police evidence
Parole
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt
Loyalty is a critical component of the police subculture

12. What time of year are crime rates in the U.S. the highest?
PRESUMPTION of DETENTION to limit the release of suspects on bail
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
Revocation
Summer

13. A correctional institution for those convicted of major crimes
Penitentiary House
Revocation
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self

14. Sir Robert Peel believed that police officers should...
15 states allow the prosecutor to decide
Intake
Grand Jury
Should treat people of different classes equitably

15. Broken window policing is a strategy in which police officer...
Targets low level quality of life crimes to eliminate disorder in the community
Selected random from tax records - Driver's Liscence records and voter registration
The procedural criminal law
They frequently mistake the indentity of suspects

16. Mandatory Sentence
Penitentiary House
Parole
Highway Patrol
Statutory requirement - limits judges power

17. Challenged for cause
If juror might be biased; if juror has knowledge of case; if unable to be impartial
1. determinate; 2. mandatory; 3. interminate
Minimum-Security Prison
Loyalty is a critical component of the police subculture

18. Jury Selection

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19. Concurrent Jursidiction
15 states allow the prosecutor to decide
Young males - unemployed or low income - prior criminal record or history
Pre-Sentence Investigation
Targets low level quality of life crimes to eliminate disorder in the community

20. Argument against the Death Penalty
Property crimes
Community Service Restitution
Parole
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

21. Alternative Correctional Institution
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Trial by a judge without jury
Went down steadily

22. Status Offenders
Higher
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Probation Rules
Pre-Sentence Investigation

23. Delinquents
Determined by judge -statutory requirements and jury recommendation
Committed an act in violation of the penal code
Were considered highly educated in their time period
The local police

24. 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.
Grand Jury
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Parole
Work Release

25. Problems of Parole
Probation
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Trial by a judge without jury
Shock Probation

26. 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
Unreported crimes - police corruption - police errors
Illegally obtained confessions - cruel and unusual punishment and an impartial jury
1.4 million

27. About how many people are in prisons in the US?
Indigent Defendant
The search of abandoned property - the search of an open field - the fly-over search of property
1.4 million
Fine

28. Truth in Sentencing
Inmate must serve at least 85% of sentence imposed by court
Higher
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
Summer

29. The average officers makes how many felony arrests per month?
About 10 felony arrests per month
Televised coverage is not permitted in federal courts
Young males - unemployed or low income - prior criminal record or history
Pennsylvania System

30. A prison system - developed in New York during the nineteenth centry - based on congregate work during the day and seperaton at night.
Minimum-Security Prison
Highway Patrol
New York (Auburn) System
7 Million Americans

31. Problem of Re-entry
45 states have provisions that allow judges to transer cases to the adult court room
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
1. First time offender; 2. Non-violent or status offender; 3. Alcahol or drug problem
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

32. Right to speedy trial
The accused must be brought to trial within 100 days of being arrested
Restitution
45 states have provisions that allow judges to transer cases to the adult court room
Guaranteed by the 6th amendment.

33. 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
Cruel and Unusual Punishment
The procedural criminal law
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
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self

34. 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
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
1. Concurrent Jurisdiction; 2. Statutory Jurisdiction; 3. Judicial Waiver
The accused must be brought to trial within 100 days of being arrested

35. Competent Standard

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36. Why are investigations of police misconduct tricky?
Halfway House
Loyalty is a critical component of the police subculture
Should treat people of different classes equitably
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

37. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
1. guilty; 2. not guilty; 3. hung jury
Police training - fingerprinting - and polygraph tests
Total Instutution
Probation

38. Trial Process
Responding to calls of service not chasing down criminals or making arrests
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
Went down steadily
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

39. Judicial Waiver
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
45 states have provisions that allow judges to transer cases to the adult court room
Jail
Shock Probation

40. The substantive criminal law...
Judge should excuse himself or herself in there is a conflict of interest
About 20% and most police departments require at least an associates degree
Defines what is criminal behavior and appropriate punishments
Self-incrimination

41. NCVS crime statistics are likely to be better then the UCR crimes statistics in...
Went down steadily
Counting the number of rapes in the U.S.
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
Substantive Rights

42. The sentence
Private attorneys
Test for one's competents to stand trial
Can earn 10 to 15 days per month and sentence reduction
Determined by judge -statutory requirements and jury recommendation

43. Three Strikes Law
nolle prosequi
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Lengthy prison term for 3rd felony offense even if it is a minor offense
Probation

44. The investigation of the murder of a postal worker would fall within the jurisdiction of...
Maximum-Security
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
Targets low level quality of life crimes to eliminate disorder in the community
The FBI

45. Miranda Rights...
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
Miranda Waivers are particularly relevent to juveniles
Trial by a judge without jury
Work Release

46. The officers of the London Metropolitan Police...
A crime that is considered especially immoral
Society expects them to be criminals
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

47. According to the stop and frisk rule - established by the Terry vs Ohio case a police officer may stop and frisk a person...
Social agent
If the officer supects that the person carrying weapons
Young males - unemployed or low income - prior criminal record or history
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

48. Right to public trial
Determined by judge -statutory requirements and jury recommendation
Supreme court has established that criminal trials must remain public
1. determinate; 2. mandatory; 3. interminate
Pre-Sentence Investigation

49. In the common law - a crime that is considered mala in se is...
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
Defense Attorney
A crime that is considered especially immoral
All evidence that is obtained illegally must be thrown out from the use at trial

50. Peremptory Challenge
When a jury member is challenged for no reason
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
Unresolved personality conflicts in early childhood
7 Million Americans

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