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Criminal Justice

Subject : law

Instructions:

Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can study here.
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. Miranda Rights...
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
Test for one's competents to stand trial
Miranda Waivers are particularly relevent to juveniles
Community Treatment

2. Right to be competent at trail

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3. Is female involvement in violent crime increasing or decreasing?
Total Instutution
The right to compel witnesses via subpoena
Lengthy prison term for 3rd felony offense even if it is a minor offense
Increasing

4. According to Freud's psychological theory - deviant behavior is the result of...
Unresolved personality conflicts in early childhood
Furlough
Should treat people of different classes equitably
18

5. A prison system - developed in New York during the nineteenth centry - based on congregate work during the day and seperaton at night.
Miranda Waivers are particularly relevent to juveniles
An example of the criminal defense of Justification
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
New York (Auburn) System

6. What is Duress?
Judge should excuse himself or herself in there is a conflict of interest
An example of the criminal defense of Justification
Cruel and Unusual Punishment
Forfeiture

7. The early release of a prisoner from imprisonment subject to conditions set by correctional authorites.
18
Parole
Community Service Restitution
All evidence that is obtained illegally must be thrown out from the use at trial

8. 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
Police training - fingerprinting - and polygraph tests
Cruel and Unusual Punishment
Can earn 10 to 15 days per month and sentence reduction
Forfeiture

9. What is General Deterrence?
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
Unresolved personality conflicts in early childhood
Super Maximum-Security Prison
Whent he punishment of one offender deters others

10. Who has a better record of defending clients; private or public attorneys?
Whether the person intentionally committed the act
Televised coverage is not permitted in federal courts
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
Private attorneys

11. Process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant.
Young males - unemployed or low income - prior criminal record or history
Private attorneys
The accused must be brought to trial within 100 days of being arrested
Recoupment

12. The substantive criminal law...
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
Defines what is criminal behavior and appropriate punishments
Most are in minimum security and are less violent
90%

13. Argument against the Death Penalty
Whether the person intentionally committed the act
Whent he punishment of one offender deters others
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
Jail

14. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
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
Pennsylvania System
Community Service Restitution
Probation

15. A court order requiring a witness to appear in court at a specified time and place.
Subpoena
1. guilty; 2. not guilty; 3. hung jury
Police training - fingerprinting - and polygraph tests
Diversion

16. An attorney employed by the government to represent criminal defenders who cannot afford to pay for a lawyer.
If the officer supects that the person carrying weapons
Loyalty is a critical component of the police subculture
Community Service Restitution
Public Defender

17. The peak age for involvement in property crimes in the U.S is...
Young males - unemployed or low income - prior criminal record or history
Lengthy prison term for 3rd felony offense even if it is a minor offense
Property crimes
16

18. The sizure of personal property by the state as a civil or criminal penalty.
Sentence served simultaneously
Forfeiture
Subpoena
18

19. In order for a case to be heard by the Supreme Court...
Is favorable because it increases efficiency
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
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
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification

20. What is one problem with eye-witnesses?
Enter a plea
Summer
They frequently mistake the indentity of suspects
Boot Camp

21. 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
1.4 million
Unresolved personality conflicts in early childhood
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)

22. An alternative sanction that requires an offender to work in the community at such task as cleaning public parks or working with disabled children in lieu of an incarceration sentence.
Community Service Restitution
Self-incrimination
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self
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. Determinate Sentencing
Increasing
A fixed term of incarceration
Restitution
House Arrest

24. According to Sampson and Laub's age-graded theory of crime - a developmental theory - the following points are associated with reduced recidivism...
The local police
Self-defense and insanity
Selected random from tax records - Driver's Liscence records and voter registration
Marriage

25. Right to an impartial judge
Make-believe family
Judge should excuse himself or herself in there is a conflict of interest
They frequently mistake the indentity of suspects
Community Treatment

26. Problem of Re-entry
Highway Patrol
Tend to be in opposition to mainstream cultural values
When a jury member is challenged for no reason
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

27. An example of the criminal defense of EXCUSE is...
7 Million Americans
Judge directs jury to acquit the defendant because the prosecution has fail to prove the elements of the crime according to legal standards
Community Service Restitution
Insanity - battared woman syndrome - status as a juvenile

28. The group of punishment falling between probation and prison. Community-based sanction - including house arrest and intensive supervision - serve as alternatives to incarceration.
Probation
Targets low level quality of life crimes to eliminate disorder in the community
Intermediate Sanctions
Whent he punishment of one offender deters others

29. Competent Standard

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30. A community-based correctional facility that houses inmates before their outright released so that they can become gradually acclimatd to conventional society.
Restitution
All evidence that is obtained illegally must be thrown out from the use at trial
Halfway House
Society expects them to be criminals

31. Three Strikes Law
Lengthy prison term for 3rd felony offense even if it is a minor offense
Pre-Sentence Investigation
When a jury member is challenged for no reason
Public Defender

32. Establishes the practices and processes of the criminal law
Property crimes
Day Fees
90%
The procedural criminal law

33. Arguments for the Death Penalty

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34. A sentence in which offenders serve a short prison term before they begin probation - to impress them with the pain of imprisonment.
Prison
Revocation
Shock Probation
90%

35. Right to counsel
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
7 Million Americans
Grand Jury
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent

36. According to Shaw and McKay's social disorganization theory - crime rates in a geographic area can be explained by...
Should treat people of different classes equitably
Private attorneys
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
The place and its charecteristics

37. The majority of criminal cases in the U.S are investigated by...
The local police
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
Illegally obtained confessions - cruel and unusual punishment and an impartial jury
Young - male - minority - poor

38. Conditions or restriction mandated by the court that must be obeyed by a probationer
Probation Rules
Miranda Waivers are particularly relevent to juveniles
If the punishment is 6 months in prisonment or more
House Arrest

39. Delinquents
Self-incrimination
Committed an act in violation of the penal code
Probation
15 states allow the prosecutor to decide

40. Why are investigations of police misconduct tricky?
Property crimes
Loyalty is a critical component of the police subculture
Social agent
Counting the number of rapes in the U.S.

41. The 5th amendment protects citizens from...
The local police
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt
The search of abandoned property - the search of an open field - the fly-over search of property
Self-incrimination

42. What did the BAIL REFORM ACT of 1984 establish?
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
PRESUMPTION of DETENTION to limit the release of suspects on bail
Depression and loneliness are common and inmates must learn coping behaviors

43. Statutory Jurisdiction
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
Whent he punishment of one offender deters others
Property crimes
Probation

44. How confidential are juvenile records kept?
Should treat people of different classes equitably
Young - male - minority - poor
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order
1. guilty; 2. not guilty; 3. hung jury

45. In the common law - a crime that is considered mala in se is...
Substantive Rights
A crime that is considered especially immoral
Rational - self- intersted and hedonistic
The procedural criminal law

46. The initial reaction in prison is usually...
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 death penalty only applies to first degree murder and only when aggravating circumstances are present
When a jury member is challenged for no reason
Depression and loneliness are common and inmates must learn coping behaviors

47. Factors that Influence Sentencing
Property crimes
1. General Deterrence; 2. Specific Deterrence; 3. Incapaition; 4. Rehab; 5. Restitution
PRESUMPTION of DETENTION to limit the release of suspects on bail
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)

48. The sentence
Determined by judge -statutory requirements and jury recommendation
Restitution
Halfway House
Make-believe family

49. A short prison sentence served in boot camp-type facilities
If the punishment is 6 months in prisonment or more
PRESUMPTION of DETENTION to limit the release of suspects on bail
Depression and loneliness are common and inmates must learn coping behaviors
Shock Incarceration

50. Consecutive sentence
Went down steadily
Statutory requirement - limits judges power
Sentence served one after another
15 states allow the prosecutor to decide