Which of the following is required level of proof for an officer to make an arrest without a warrant?
Probable Cause.
Why is it that the prosecution is the first to present evidence at trial?
The burden of proof lies with the prosecution.
Which primary classification of punishment places emphasis on the offender being held responsible for his actions?
Retributive model
Which of the following would not be grounds for a criminal appeal?
The jury made an inccorrect finding of the facts.
Which of the following is not a signiicant aspect of problem-solving courts?
A focus on punishing offenders
Which of the following is not one of the six principles for problem-solving courts by the Center for Court Innovation?
Parental Involvement
In which of the following situations, if any, can an offender not usually appeal his/her case in most states?
Defendant pleads guilty
Which Primary classification of punishment places emphasis on deterrence of future offenses?
Utilitarian Model
The right of defendant to confront witnesses against him/her is found in the_______Amendment of the United States Constitution.
6th
The ________ Amendment of the United States Constitution holds that states must follow due process.
14th
The ___________ Amendment of the United States Constitution requires the federal government to take a case forward by means of a grand jury indictment.
5th
The right against self-incrimination is found in the ________ Amendment o the United States Constitution.
5th
Which of the following sub-classifications of punishment focus less on the offender and more on the injury caused to the victim and community?
Restorative justice.
In which of the following circumstances is a defense appeal filed after adjudication allowed?
Defense claims ineffective assistance of counsel, defense claims forced self incrimination, defense claims the confession given was coerced.
All of the above
In which of the following is not an example of restorative justice in practice?
Judicial supervision of probation
In which of the following did not lea to the increase in the popularity of drug courts?
The appearance of a link between drugs and child abuse
In which of the following is not a typical component of drug treatment courts?
Mandatory community service
In which of the following is the term used by the appellate court when upholding a lower court's decision?
Affirm
Ensuring the punishment outweighs potential benefits of crime is the primary consideration when considering how much to punish for which of the following approaches is punishment?
Deterrence.
In a jury trial, who determines the facts of the case?
The jury
Federal grand juries are typically composed of ____ people.(The answer requires a number)
23
The _____ Amendment of the United States Constitution requires that excessively high Bail not to be handed down.
8th
In a jury trail, who determines the law to be applied?
The judge
A bifurcated trial is one that_________.
Holds two separte stages for guilt and Punishment.
An appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the _____.
Harmless error rule
In which of the following pieces of legislation provided a major boost, both in publicity and financially, to domestic violence courts?
The Violence Against Women Act of 1994
Community courts are typically located_____.
In residential areas
Which of the following violations, according to the U.S. Supreme Court, is never a harmless error and, if proven, results in an automatic reversal of conviction?
Trial before a biased judge
Denial of the right to counsel
Both b and c
The argument against the death penalty on the grounds that it is "cruel and unusual" stems from the ____ Amendment of the United States Constitution.
8th
In most state, in order to acquit a defendant, what is the maximum number of jurors that can vote to convict?
Zero
Which of the following is used to state the desire of the defendant not to contest the charge?
Nolo contendre
In which of the following pre-trial motions can the prosecution request certain types of evidence from the defense in many states?
Motion for discovery
Approximately what percentage of convictions in federal court results from guilty pleas?
95%
According to research, which of the following is not a significant factor predicting the likelihood of a hung jury?
Offense serverity
Which of the following is considered the most legally legitimate factor when considering sentencing?
Crime seriousness
Most states refer to their court of last resort as the____________ court.
Supreme
Which of the following is not a standard sentence for those convicted in homeless court?
Brief stays in jail
Which specialized court focuses not on adjudication of new offenses but on helping offenders integrate back into the community upon release?
Reentry courts
The federal appellate court system is made up of _____ and the U.S. Supreme Court.
The Circuit Courts of Appeals
Which of the following are judges not to take into consideration when determining sentence?
Defendant's gender
_________is the name of a court-ordered appearance to testify at trial?
Subpoena
Ad hoc plea bargaining refers to _____.
Pleas involving unusual concessions made by the defendant
The primary benefit of plea bargaining is that_____.
Cases are handled quickly
Evidence given by a witness at trial is based on information provide by someone else is known as _______.
Hearsay
Judges are not allowed to take race, gender, and social class into consideration when sentencing. Such classifications are considered _________ classifications.
Suspect
In order to bridge the gap between rich and poor defendants, the U.S. Supreme Court has ruled that indigent defendants are afforded the right to counsel for how many appeals?
One
What is the primary goal of juvenile courts?
Transforming juvenile delinquents into productive citizens
Drug courts, domestic violence courts and mental health courts are all known collectively as _____________ courts.
Problem solving
As it applies to American law, habeas corpus is found in ______.
Ariticle I of the Constitution
__________ is defined as the degree to which the offender may be blamed or held responsible for the consequences (or risked consequences) of the act.
Culpability
In most state, to convict a defendant, the jury's verdict must be __________.
Unanimous
Which state actually banned plea bargaining?
Alaska
____________ is a two-way process in which both the prosecution and defense must exchange certain types of evidence.
Motion of discovery
__________ is the term for the statement of facts given by an officer to a judge when requesting a warrant.
Affidavit
Another term for a jury that is deadlocked is a _______ jury.
Hung
Which of the primary classifications of punishment is deemed as "forward-looking" approach?
Utilitarian Model.
Appeals typically rest on the contention that the defendant's __________ were violated.
Constitutional Rights
Courts designed to help bring the mentally ill out of the prison system and get them the help they need are known as _________________.
Mental health courts
Which of the following offenders would be least likely to be admitted into the specialized court system?
A habitual shoplifter
___________ appeals is the term for appeals filed before the verdict is read.
Interlocutory
A student's Friend is arrested, convicted, and sentenced for shoplifting. Later, that student, although tempted, decides not to shoplift, remembering what happened to his friend. This is a classic example of _____.
General deterrence
Each witness who is called to testify in the case is questioned first by the side that called the witness. This is referred to as the ________ of the witness.
direct examination
The process by which a defendant who has plead guilty explains the crime to the judge is known as __________.
Allocution
____________ is the term for the questioning of prospective jurors.
Voir Dire
Certain categories of individuals cannot be compelled to testify. These types of communication are referred to as __________.
Privileged
Making punishment equal to the harm caused by the offender is the primary consideration when considering how much to punish for which of the following approaches to punishment?
Retribution
___________ is the name for an appeal that challenges the reason for the defendant's confinement.
Hebeas Corpus
Restorative justice focuses on two things: harm and ____________.
Repair
The most popular type of problem-solving court in the United States is __________.
Drug Court.
Appellate courts focus on matters of ______, not the facts of the case.
Law
Ensuring that the punishment reflects the offenders need for reform is the primary consideration when considering how much to punish for which of the following approaches to punishment?
Rehabilitation
The purpose of the________________is to summarize the case for the jury and to persuade the jury to either convict or acquit the defendant.
closing arguement
If the grand jury refuses to indict the defendant, it is referred to as a_________.
no bill.
A(n) ________plea is one in which the defendant enters a guilty plea but denies having committed the crime to which he or she is pleading.
Alford
What is the level of proof required for the prosecution to overcome the presumption of innocence in a criminal trial?
Beyond a reasonable doubt
In most jurisdictions, sentences of less than one year are served where?
Local jails
The______________clause prevents the state or federal government from prosecuting an individual for the same crime more than once.
Double Jeopardy (5th)
Drug treatment programs typically last about how long?
At least one year
Evidence such as sworn statements of witnesses and victims are know as ____.
Testimonial evidence
A pre-trial motion to exclude evidence obtained illegally is referred to as a ___________________?
Motion to suppress evidence.
The federal courts appeals consist of 11 for the states, 1 federal circuit, and 1
for –
district of Columbia
Rights that are “essential of the concept of ordered liberty” are referred to as –
fundamental rights
The consensus view is that of those who view the laws as generally good and fair
for society
true
What is the principle establishing the value and authority of precedent
stare decisis
Which of the following group or individual literally makes law
congress
The fourth amendment
bans all searches and seizures that are
unreasonable
Which metaphor best
describes the due process model of the criminal justice process –
obstacle course
The requirement of the
Miranda warning is based in which amendment
– 5th
Which is the only court
that sets precedent for all U.S. courts –
the U.S supreme court
In the majority of
states, which is the court level “of last resort” in the state system
– state supreme court
Which of the following
rights are not found in the sixth amendment –
defendant not required to testify
Which of the following
is the first stage in the criminal trial process –
filing of a complaint
In a criminal case, the
required level of burden of proof is –
Beyondreasonable doubt
Which of the following
is not a function of the courts –
enforcelaws
How many U.S. supreme
court justices must vote to hear a case in order to grant a writ of certiorari
–
four
States are required to
give effective assistance of counsel to indigent defendants
– true
Several primary sources
of law include common law and legislative law –
true
In order to include
more rights in the constitution, the –
Bill of rights was added
________amendment requires that warrants must be particular about places to searched
4th
– is the term for the formal document charging a defendant with a crime
Indictment
The concept of
incorporation relates to the due clause of the _________ amendment
14th
According to the conflict
perspective of law, laws work for the benefit of –
the rich
In a criminal trial,
the burden of proof lied on which party –
the prosecution
The protection from
double jeopardy is found in the _________
amendment
5th
Which of the following
is the term for guilty act –
actus reus
Between which two
levels of proof does “clear and convincing evidence” lie –
beyond a reasonable doubt and by a preponderance of the evidence
Which of the following
confers jurisdiction upon a court
– B and C
The U.S supreme court
rules that due to the right of a speedy trial, accused defendants must stand
trial within 30 days of their arrest
– false
31 states are
categorized into the 11 circuit courts by –
geographic location
The common law was
created by
– Judges
The______________ amendment guarantees
right to counsel
6th
What are the two ways
that charges may be filed against a defendant –
indictment and information
Appellate courts exist
to retry cases that have been appealed by the defense –
false
Due process applies to
anyone threatened by the states with loss of life, liberty, or property
– true
Were a law to be passed
and used to prosecute and individual for engaging in the prohibited activity
before the law was passed, this law would be considered –
ex post facto laws
Which of the commonly
held right is not expressly given in the bill of rights but is merely inferred
– right to privacy
The nation’s prosecutor
is called
– attorney general
- Jurisdiction refers to the authority
of courts to hear cases that arise within specified boundaries such as a city,
county, state, or country
Geographic Jurisdiction
How
are federal U.S. Attorneys selected -
Executive appointment
The American court
system is based on which of the following systems of justice –
adversarial
Which of the following
is not the responsibility of a judge –
author legislation
Details of the right to
a trial by jury are given in the____________
amendment of the united states constitution
6th
In the majority of
states, how is the chief local prosecuting attorney selected
– popular election
The American court
The right to assistance
of counsel for the accused is found in the______
amendment of the united states constitution
6th
Which player in the
courtroom workgroup decides whether a plea bargain will be offered
– prosecutor
The defendants right to
refrain from testifying at trail is found in the________ amendment of the united states constitution
5th
In most cases, who
decides whether or not to charge a suspect with an offense
– prosecution
The supreme court held
that the right of a defendant to self represent stems from the _______ amendment of the united
states constitution
6th
Which player in the
courtroom workgroup decides whether a case will be tried in front of a jury or
merely a judge (bench trial) –
defense attorney
A jury with fewer than
six members is –Unconstitutional
–Unconstitutional
who establishes the
starting point from which a plea bargain is reached –
the prosecutor
the right to have an
attorney provided to indigent defendants has not always been a part of the
right to counsel
– true
in relation to the
staff members in a courtroom, a judge is often considered
– a manager
most states use how
many jurors for trials involving felonies –
exactly 12
evidence that is
favorable to the defendant is called –
exculpatory evidence
defendants who cannot
afford an attorney are known as
– indigent
given the system of
separation of powers and checks and balances, which branch government has
superiority over the others –
they are all equal
the name for the group
of individuals who report for jury duty at a given time is the
– Venire
impeachment evidence is
any evidence that –
damages the credibilityof a witness
according the supreme
court, defense counsel, even that provided by the court must be not only
available but effective
– true
how are federal judges
selected –
appointed by the president and confirmed by the senate
the option of jury
nullification is found –
nowhere in the constitution
which of the following
is the primary purpose of the prosecutor during a trial –
seek justice
public defender offices
routinely employ full time investigators
– true
should a judge leave
office before the end of term in a state that selects judges via election,
which of the following most commonly occurs –
the governor appoints replacement
what option are
available to the court if a jury engages in jury nullification
– none
Prosecutors are
actively involved in almost every step of the criminal justice process
– true
Ensuring
confidentiality is vital for an effective legal representation
– true
Judges have the final
say on with what crimes a defendant is charged
– false
The jury serves as the
representative of
– the people
In most offices, the
chief prosecutor functions more as a cooperate manager than a prosecuting
attorney
– true
For defense attorneys a
“successful” case often means a reduction in sentence via a plea bargain, not
an acquittal
– true
hearings is the name of the stage of the pre-trial
process in which the judge hears motions to suppress, motions to dismiss, or
discovery motions
Evidentiary hearing
Under the law, the
jury’s role in the process, is that of___
finder
fact
The new trend in the
criminal justice system in which police, prosecutors, and communities work
together to increase community safety and quality of life is known as –
Community prosecution
Defense attorneys are
assigned the dual task of defending their clients to the best of their ability
while still acting both _____ and ______.
legally and ethically
The unofficial practice
of the president deferring to the wishes of the senator from the state where a
vacancy exists is known as
– Senatorial courtesy
The use of peremptory
challenges on the basis of ___________ has been ruled unconstitutional