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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. What is Duress?
Whent he punishment of one offender deters others
Day Fees
An example of the criminal defense of Justification
16

2. A prison system - developed in New York during the nineteenth centry - based on congregate work during the day and seperaton at night.
Unresolved personality conflicts in early childhood
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
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
New York (Auburn) System

3. A correctional institution that houses dangerous felons and maintains strict security measure - high walls - and limited contact with the outside world.
Went down steadily
Parole
Depression and loneliness are common and inmates must learn coping behaviors
Maximum-Security

4. The average officers makes how many felony arrests per month?
1. prison farms and camps; 2. Shock Incarations; 3. Community correctional facilities; 4. Private prisons
Statutory requirement - limits judges power
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
About 10 felony arrests per month

5. According to the Supreme Court - the following activities would not violate individual protections against illegal seasrch and seizure...
The FBI
Sentence served simultaneously
The search of abandoned property - the search of an open field - the fly-over search of property
Juvenile records are confidential; in recent years states have passed statutes to allow for records to be accessed by court order

6. 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
The death penalty only applies to first degree murder and only when aggravating circumstances are present
The place and its charecteristics
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

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

8. Establishes the practices and processes of the criminal law
House Arrest
Counting the number of rapes in the U.S.
Substantive Rights
The procedural criminal law

9. About how much does the U.S. spend on the criminal justice system every year?
$200 billion
29 states automatically exclude some offenses from juvenile court (EX. Rape/Murder)
Unresolved personality conflicts in early childhood
The views of powerful elites in society

10. Challenged for cause
The place and its charecteristics
If juror might be biased; if juror has knowledge of case; if unable to be impartial
Probation
Community Treatment

11. 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.
Obstacle course
The U.S. Marshall
House Arrest
Sentence served one after another

12. According to Packer's due process model of criminal justice - plea bargaining...
Is favorable because it increases efficiency
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
The search of abandoned property - the search of an open field - the fly-over search of property
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification

13. Indeterminate Sentencing
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
Depression and loneliness are common and inmates must learn coping behaviors
Most widely used type of sentence - goal is to indivdualize punishment
Obstacle course

14. A community-based correctional facility that houses inmates before their outright released so that they can become gradually acclimatd to conventional society.
Determined by judge -statutory requirements and jury recommendation
Parole
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Halfway House

15. Evidentiary Standard
Statutory requirement - limits judges power
Substantive Rights
Super Maximum-Security Prison
For criminal trials - the evidentairy standard is proof beyond a reasonable doubt

16. A program requiring probationers to pay in part for the costs of their treatment.
Diversion
Day Fees
About 20% and most police departments require at least an associates degree
There were too many police errors to trust the police evidence

17. 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
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
Selected random from tax records - Driver's Liscence records and voter registration

18. Right to an impartial jury
Restitution
6 person jury is required by law jury must come to unanminous verdit
Unreported crimes - police corruption - police errors
Is favorable because it increases efficiency

19. About how many Americans are under some form of correctional supervision?
7 Million Americans
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
All evidence that is obtained illegally must be thrown out from the use at trial
Televised coverage is not permitted in federal courts

20. Consecutive sentence
Sentence served one after another
Halfway House
The procedural criminal law
Unreported crimes - police corruption - police errors

21. What is the criteria to determine whether someone is entitled to jury trial?
Rational - self- intersted and hedonistic
Probation
No - jury trials are NOT very common in the U.S.
If the punishment is 6 months in prisonment or more

22. What was significant about the Illinois Juvenile Court Act of 1899?
Prison
Loyalty is a critical component of the police subculture
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
Established that juveniles should be rehabilitated not punished and that children should not be treated as adults

23. Common concerns with the privatization of policing includes...
nolle prosequi
Accountability of private police to legal standards of policing and equity in treatment of rich and poor areas
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
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

24. A correctional policy that allow inates to leave the institution for vocational or educational training - for employment - or to maintain famly ties.
Furlough
Should be whether the defendent has sufficient present ability to consult with defendents lawyers and defend one's self
PRESUMPTION of DETENTION to limit the release of suspects on bail
Defense Attorney

25. Is female involvement in violent crime increasing or decreasing?
Jail
Supreme court has established that criminal trials must remain public
Judge should excuse himself or herself in there is a conflict of interest
Increasing

26. 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.
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
Most are in minimum security and are less violent
Revocation
There were too many police errors to trust the police evidence

27. The Conflict View of criminal definitions assumes that criminal law expresses...
Make-believe family
The views of powerful elites in society
Probation
Jail

28. A defendent who lacks the funds to hire a private attorney and is therefore entitled to free counsel.
Indigent Defendant
Forfeiture
15 states allow the prosecutor to decide
45 states have provisions that allow judges to transer cases to the adult court room

29. Capital Punishment
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
New York (Auburn) System
The death penalty only applies to first degree murder and only when aggravating circumstances are present
Cruel and Unusual Punishment

30. An example of the criminal defense of justifaction is...
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Self-defense and insanity
Subpoena
Committed an act in violation of the penal code

31. A prison system - developed in Pennsylvania during the nineteeth centry - based on total isolation and individual pentence.
Pennsylvania System
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
Whent he punishment of one offender deters others
Community Service Restitution

32. Legal counsel for the defendant in a criminal case - representing to final appeal.
Judge directs jury to acquit the defendant because the prosecution has fail to prove the elements of the crime according to legal standards
Certainty of punishment - swiftness of punishment - punishment that is proportional to the severity of the crime
Defense Attorney
Were considered highly educated in their time period

33. According to Shaw and McKay's social disorganization theory - crime rates in a geographic area can be explained by...
Total Instutution
Increasing
1. First time offender; 2. Non-violent or status offender; 3. Alcahol or drug problem
The place and its charecteristics

34. The attempt by correctional agencies to maintain convicted offenders in the community instead of a secure facilty it includes probation - parole and residential programs.
Young - male - minority - poor
Public Defender
Community Treatment
Supreme court has established that criminal trials must remain public

35. The investigation of the murder of a postal worker would fall within the jurisdiction of...
The FBI
Inmate must serve at least 85% of sentence imposed by court
Whether the person intentionally committed the act
Anger Managment

36. A state of federal correctional institution for incarceration of felony offenders for term of one year or more.
Marriage
Prison
18
About 10 felony arrests per month

37. Civil right that include the right of inmates to receive mail and medical benefits and to practice their religion.
Substantive Rights
Obstacle course
Boot Camp
Work Release

38. Right to confront witnesses
Enter a plea
Guaranteed by the 6th amendment.
90%
Work Release

39. A condition of probation in which the offender repays society or the victim of crime for the trouble the offender caused.
Police training - fingerprinting - and polygraph tests
1. Investigate; 2. Intake; 3. Diagnosis; 4. Supervision; Risk Classification
1. Incapactation; 2. Deterrence; 3. Moral 'an eye for an eye'; 4. Proportionality; 5. Public Opinion; 6. Low chance of error
Restitution

40. Three Strikes Law
Lengthy prison term for 3rd felony offense even if it is a minor offense
Guaranteed by the 6th amendment defendent may choose to waive the right to cousel and self-represent
1. personal deficits; 2. social deficit; 3. Economic deficits; 4. Marriage and family deficits
Rational - self- intersted and hedonistic

41. An argument in favor of the O.J. trial is likely to point to the fact that...
Inmate must serve at least 85% of sentence imposed by court
Probation
There were too many police errors to trust the police evidence
Responding to calls of service not chasing down criminals or making arrests

42. An attorney employed by the government to represent criminal defenders who cannot afford to pay for a lawyer.
Unresolved personality conflicts in early childhood
Depression and loneliness are common and inmates must learn coping behaviors
Public Defender
7 Million Americans

43. What did the BAIL REFORM ACT of 1984 establish?
Summer
Restitution
PRESUMPTION of DETENTION to limit the release of suspects on bail
Went down steadily

44. A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court
Determined by judge -statutory requirements and jury recommendation
Sentence served one after another
Indigent Defendant
Probation

45. Truth in Sentencing
Tend to be in opposition to mainstream cultural values
Inmate must serve at least 85% of sentence imposed by court
Collecting taxes and supervising elections
Furlough

46. The sizure of personal property by the state as a civil or criminal penalty.
Total Instutution
Forfeiture
Statutory requirement - limits judges power
If juror might be biased; if juror has knowledge of case; if unable to be impartial

47. 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.
Jail
1. Severity of offense; 2. Prior criminal record; 3. Use of violence; 4. Use of weapons; 5. Motivation (money)
All evidence that is obtained illegally must be thrown out from the use at trial
Grand Jury

48. Packer describes the due process model of the criminal justice system operating like an...
Obstacle course
Statutory requirement - limits judges power
The FBI
Targets low level quality of life crimes to eliminate disorder in the community

49. The 4th Amendment protects citizens from what?
Recoupment
Established customs and traditions
Illegally obtained confessions - cruel and unusual punishment and an impartial jury
Defense Attorney

50. Status Offenders
Cruel and Unusual Punishment
Whether the person intentionally committed the act
Commonly classified as Persons in Need of Supervision (PINS) or Children in Need of Supervision (CHINS)
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

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