CRJ121 Final

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darrelaplaon
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CRJ121 Final
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2013-05-21 17:42:18
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CRJ 121 Final
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CRJ 121
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  1. Which of the following is required level of proof for an officer to make an arrest without a warrant?
    Probable Cause.
  2. Why is it that the prosecution is the first to present evidence at trial?
     The burden of proof lies with the prosecution.
  3. Which primary classification of punishment places emphasis on the offender being held responsible for his actions?
    Retributive model
  4. Which of the following would not be grounds for a criminal appeal?
    The jury made an inccorrect finding of the facts.
  5. Which of the following is not a signiicant aspect of problem-solving courts?
    A focus on punishing offenders
  6. Which of the following is not one of the six principles for problem-solving courts by the Center for Court Innovation?
    Parental Involvement
  7. In which of the following situations, if any, can an offender not usually appeal his/her case in most states?
    Defendant pleads guilty
  8. Which Primary classification of punishment places emphasis on deterrence of future offenses?
    Utilitarian Model
  9. The right of defendant to confront witnesses against him/her is found in the_______Amendment of the United States Constitution.
    6th
  10. The ________ Amendment of the United States Constitution holds that states must follow due process.
    14th
  11. The ___________ Amendment of the United States Constitution requires the federal government to take a case forward by means of a grand jury indictment.
    5th
  12. The right against self-incrimination is found in the ________ Amendment o the United States Constitution.
    5th
  13. 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.
  14. 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
  15. In which of the following is not an example of restorative justice in practice?
    Judicial supervision of probation
  16. 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
  17. In which of the following is not a typical component of drug treatment courts?
    Mandatory community service
  18. In which of the following is the term used by the appellate court when upholding a lower court's decision?
    Affirm
  19. 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.
  20. In a jury trial, who determines the facts of the case?
    The jury
  21. Federal grand juries are typically composed of ____ people.(The answer requires a number)
    23
  22. The _____ Amendment of the United States Constitution requires that excessively high Bail not to be handed down.
    8th
  23. In a jury trail, who determines the law to be applied?
    The judge
  24. A bifurcated trial is one that_________.
    Holds two separte stages for guilt and Punishment.
  25. 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
  26. 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
  27. Community courts are typically located_____.
    In residential areas
  28. 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
  29. 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
  30. In most state, in order to acquit a defendant, what is the maximum number of jurors that can vote to convict?
    Zero
  31. Which of the following is used to state the desire of the defendant not to contest the charge?
    Nolo contendre
  32. 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
  33. Approximately what percentage of convictions in federal court results from guilty pleas?
    95%
  34. According to research, which of the following is not a significant factor predicting the likelihood of a hung jury?
    Offense serverity
  35. Which of the following is considered the most legally legitimate factor when considering sentencing?
    Crime seriousness
  36. Most states refer to their court of last resort as the____________ court.
    Supreme
  37. Which of the following is not a standard sentence for those convicted in homeless court?
    Brief stays in jail
  38. Which specialized court focuses not on adjudication of new offenses but on helping offenders integrate back into the community upon release?
    Reentry courts
  39. The federal appellate court system is made up of _____ and the U.S. Supreme Court.
    The Circuit Courts of Appeals
  40. Which of the following are judges not to take into consideration when determining sentence?
    Defendant's gender
  41. _________is the name of a court-ordered appearance to testify at trial?
    Subpoena
  42. Ad hoc plea bargaining refers to _____.
    Pleas involving unusual concessions made by the defendant
  43. The primary benefit of plea bargaining is that_____.
    Cases are handled quickly
  44. Evidence given by a witness at trial is based on information provide by someone else is known as _______.
    Hearsay
  45. Judges are not allowed to take race, gender, and social class into consideration when sentencing. Such classifications are considered _________ classifications.
    Suspect
  46. 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
  47. What is the primary goal of juvenile courts?
    Transforming juvenile delinquents into productive citizens
  48. Drug courts, domestic violence courts  and mental health courts are all known collectively as _____________ courts.
    Problem solving
  49. As it applies to American law, habeas corpus is found in ______.
    Ariticle I of the Constitution
  50. __________ 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
  51. In most state, to convict a defendant, the jury's verdict must be __________.
    Unanimous
  52. Which state actually banned plea bargaining?
    Alaska
  53. ____________ is a two-way process in which both the prosecution and defense must exchange certain types of evidence.
    Motion of discovery
  54. __________ is the term for the statement of facts given by an officer to a judge when requesting a warrant.
    Affidavit
  55. Another term for a jury that is deadlocked is a _______ jury.
    Hung
  56. Which of the primary classifications of punishment is deemed as "forward-looking" approach?
    Utilitarian Model.
  57. Appeals typically rest on the contention that the defendant's __________ were violated.
    Constitutional Rights
  58. 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
  59. Which of the following offenders would be least likely to be admitted into the specialized court system?
    A habitual shoplifter
  60. ___________ appeals is the term for appeals filed before the verdict is read.
    Interlocutory
  61. 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
  62. 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
  63. The process by which a defendant who has plead guilty explains the crime to the judge is known as __________.
    Allocution
  64. ____________ is the term for the questioning of prospective jurors.
    Voir Dire
  65. Certain categories of individuals cannot be compelled to testify. These types of communication are referred to as __________.
    Privileged
  66. 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
  67. ___________ is the name for an appeal that challenges the reason for the defendant's confinement.
    Hebeas Corpus
  68. Restorative justice focuses on two things: harm and ____________.
    Repair
  69. The most popular type of problem-solving court in the United States is __________.
    Drug Court.
  70. Appellate courts focus on matters of ______, not the facts of the case.
    Law
  71. 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
  72. 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
  73. If the grand jury refuses to indict the defendant, it is referred to as a_________.
    no bill.
  74. 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
  75. What is the level of proof required for the prosecution to overcome the presumption of innocence in a criminal trial?
    Beyond a reasonable doubt
  76. In most jurisdictions, sentences of less than one year are served where?
    Local jails
  77. The______________clause prevents the state or federal government from prosecuting an individual for the same crime more than once.
    Double Jeopardy  (5th)
  78. Drug treatment programs typically last about how long?
    At least one year
  79. Evidence such as sworn statements of witnesses and victims are know as ____.
    Testimonial evidence
  80. A pre-trial motion to exclude evidence obtained illegally is referred to as a ___________________?
    Motion to suppress evidence.
  81. The federal courts appeals consist of 11 for the states, 1 federal circuit, and 1
    for – 
    district of Columbia
  82. Rights that are “essential of the concept of ordered liberty” are referred to as – 
    fundamental rights
  83.  The consensus view is that of those who view the laws as generally good and fair
    for society 
    true
  84. What is the principle establishing the value and authority of precedent
    stare decisis
  85. Which of the following group or individual literally makes law 
    congress 
  86. The fourth amendment
    bans all searches and seizures that are
    unreasonable 
  87. Which metaphor best
    describes the due process model of the criminal justice process – 
    obstacle course
  88. The requirement of the
    Miranda warning is based in which amendment 
    – 5th
  89. Which is the only court
    that sets precedent for all U.S. courts –
     the U.S supreme court
  90. In the majority of
    states, which is the court level “of last resort” in the state system 
    – state supreme court
  91. Which of the following
    rights are not found in the sixth amendment – 
    defendant not required to testify
  92. Which of the following
    is the first stage in the criminal trial process – 
    filing of a complaint
  93. In a criminal case, the
    required level of burden of proof is –
     Beyondreasonable doubt
  94. Which of the following
    is not a function of the courts –
     enforcelaws
  95. How many U.S. supreme
    court justices must vote to hear a case in order to grant a writ of certiorari
    – 
    four 
  96. States are required to
    give effective assistance of counsel to indigent defendants 
    – true
  97. Several primary sources
    of law include common law and legislative law – 
    true
  98. In order to include
    more rights in the constitution, the –
    Bill of rights was added 
  99. ________amendment requires that warrants must be particular  about places to searched
    4th 
  100. – is the term for the formal document charging a defendant with a crime
    Indictment
  101. The concept of
    incorporation relates to the due clause of the _________ amendment 
    14th
  102. According to the conflict
    perspective of law, laws work for the benefit of –
     the rich
  103. In a criminal trial,
    the burden of proof lied on which party –
     the prosecution
  104. The protection from
    double jeopardy is found in the _________
    amendment 
    5th
  105. Which of the following
    is the term for guilty act – 
    actus reus
  106. Between which two
    levels of proof does “clear and convincing evidence” lie –
    beyond a reasonable doubt and by a preponderance of the evidence
  107. Which of the following
    confers jurisdiction upon a court 
    – B and C
  108. 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 
  109. 31 states are
    categorized into the 11 circuit courts by – 
    geographic location
  110. The common law was
    created by
     – Judges
  111. The______________ amendment guarantees
    right to counsel 
    6th
  112. What are the two ways
    that charges may be filed against a defendant – 
    indictment and information 
  113. Appellate courts exist
    to retry cases that have been appealed by the defense –
     false 
  114. Due process applies to
    anyone threatened by the states with loss of life, liberty, or property 
    – true
  115. 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
  116. Which of the commonly
    held right is not expressly given in the bill of rights but is merely inferred
    – right to privacy 
  117. The nation’s prosecutor
    is called 
    – attorney general 
  118. - 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
  119. How
    are federal U.S. Attorneys selected -
     Executive appointment 
  120. The American court
    system is based on which of the following systems of justice – 
    adversarial 
  121. Which of the following
    is not the responsibility of a judge –
     author legislation
  122. Details of the right to
    a trial by jury are given in the____________
    amendment of the united states constitution 
    6th
  123. In the majority of
    states, how is the chief local prosecuting attorney selected
     – popular election 
  124. The American court
    The right to assistance
    of counsel for the accused is found in the______
    amendment of the united states constitution 
    6th
  125. Which player in the
    courtroom workgroup decides whether a plea bargain will be offered 
    – prosecutor
  126. The defendants right to
    refrain from testifying at trail is found in the________ amendment of the united states constitution 
    5th
  127. In most cases, who
    decides whether or not to charge a suspect with an offense 
    – prosecution 
  128. The supreme court held
    that the right of a defendant to self represent stems from the _______ amendment of the united
    states constitution 
    6th
  129. 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
  130. A jury with fewer than
    six members is –Unconstitutional  
    –Unconstitutional
  131. who establishes the
    starting point from which a plea bargain is reached – 
    the prosecutor
  132. the right to have an
    attorney provided to indigent defendants has not always been a part of the
    right to counsel 
    – true
  133. in relation to the
    staff members in a courtroom, a judge is often considered 
    – a manager
  134. most states use how
    many jurors for trials involving felonies –
     exactly 12
  135. evidence that is
    favorable to the defendant is called – 
    exculpatory evidence
  136. defendants who cannot
    afford an attorney are known as 
    – indigent 
  137. given the system of
    separation of powers and checks and balances, which branch government has
    superiority over the others –
     they are all equal 
  138. the name for the group
    of individuals who report for jury duty at a given time is the 
    – Venire 
  139. impeachment evidence is
    any evidence that –
     damages the credibilityof a witness
  140. according the supreme
    court, defense counsel, even that provided by the court must be not only
    available but effective 
    – true
  141. how are federal judges
    selected – 
    appointed by the president and confirmed by the senate
  142. the option of jury
    nullification is found –
     nowhere in the constitution
  143. which of the following
    is the primary purpose of the prosecutor during a trial – 
    seek justice
  144. public defender offices
    routinely employ full time investigators 
    – true
  145. 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  
  146. what option are
    available to the court if a jury engages in jury nullification 
    – none
  147. Prosecutors are
    actively involved in almost every step of the criminal justice process 
    – true
  148. Ensuring
    confidentiality is vital for an effective legal representation 
    – true
  149. Judges have the final
    say on with what crimes a defendant is charged 
    – false
  150. The jury serves as the
    representative of 
    – the people
  151. In most offices, the
    chief prosecutor functions more as a cooperate manager than a prosecuting
    attorney
     – true 
  152. For defense attorneys a
    “successful” case often means a reduction in sentence via a plea bargain, not
    an acquittal
     – true
  153.  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
  154. Under the law, the
    jury’s role in the process, is that of___
    finder
     fact
  155. 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  
  156. 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
  157. 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  
  158. The use of peremptory
    challenges on the basis of ___________ has been ruled unconstitutional 
    Race and gender

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