Courts Study Guide

Based on the decision in McNabb v. U.S., the standard maximum time by which a first appearance should be held has been set at ________ hours after arrest.

48

The right to a speedy trial is guaranteed by the ________ Amendment to the U.S. Constitution.

6th

Which of the following is an exception to the hearsay rule?

A dying declaration.

Courts that have the authority to renew a decision made by a lower court are said to have _____ jurisdiction.

Appellate

The ________keeps order in the courtroom and announces the judge's entry to the courtroom.

Bailiff

The standard of proof required for conviction in a criminal trial is

Beyond a reasonable doubt

Which of the following is not a type of juror challenge?

Challenges for knowledge.

Evidence that requires interpretation or that requires a judge or jury to draw conclusions based on what the evidence indicates is called

Circumstantial evidence

During jury selection, challenges for cause

Claim that an individual juror cannot be fair or impartial

Which of the following is a characteristic of restorative justice?

Crime has individual and social dimensions of responsibility.

What does the power of the judicial review allow the Supreme Court to do?

Declare laws unconstitutionally

While all of the following may occur at a first appearance, which of the following does not always occur?

Defendants are given the opportunity for bail.

Which of the following is a form of structured sentencing?

Determinate sentencing

The primary purpose of a criminal trial is to

Determine the guilt or innocence of a defendant

Because the states wanted to retain significant legislative authority and judicial autonomy, the U.S has a ____ system

Dual-court

_______ is the information having a tendency to clear a person of guilt or blame.

Exculpatory evidence

In which case did the Supreme Court approve the separation of the determination of guilt from the determination of the sentence?

Gregg v. Georgia

Which sentencing model tends to involve the greatest amount of judicial discretion?

Indeterminate sentencing

a subpoena (definition)

Is a written order requiring an individual to appear in court

_____ created the federal court system.

Judiciary Act of 1789

The U.S. Supreme Court has ruled that ________ must decide the facts that lead to a death sentence.

Juries, not Judges

Which of the following types of pleas is most similar to a guilty plea?

Nolo contendere

How are the federal district court judges selected?

Nominated by president, confirmed by US senate

When a defendant "stands mute" at arraignment, he or she is considered to have entered a

Not guilty plea.

Which of the following refers to the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts?

Original jurisdiction

Release on recognizance

Permits release on the basis of a written promise to appear.

If a judge requests information on a convicted defendant's background, the probation or parole office will conduct a ________ investigation.

Presentence Investigation

Deciding what charges are to be brought against a defendant is an example of ____________

Prosecutor discretion

Removing the jurors from all possible outside influences is known as ________ the jury.

Sequestering

American criminal trial courts operate under a structure known as

The adversarial system

Under the indeterminate sentencing model, what is the primary determinant of the amount of time served?

The inmate's behavior while incarcerated

Which of the following is not a type of risk that judicial officers consider when making pretrial release decisions?

The risk to the defendant of remaining in jail until trial.

Which of the following alternatives to bail does not place any money or other items at risk if the defendant fails to appear in court?

Third-party custody release

What is the primary purpose of the preliminary hearing?

To give defendants the opportunity to challenge the legal basis for their detention.

George has been accused of multiple crimes. Why would the prosecutor want to try George separately on each charge?

Trying charges separately would allow another trial on a new charge if George is found not guilty at trial

Which of the following is NOT one of the three levels of the federal judiciary?

What they ARE: US district court, US Supreme Court, US circuit court of appeals

________ requires that a prisoner be brought before a judicial officer to determine if he or she is being lawfully imprisoned.

Writ of habeas corpus

What is a hung jury?

a jury that is unable to agree on a verdict

general deterrence attempts to

aims to have an impact on more than the single offender; the apprehension and punishment of a single individual serves as an example to other offenders and potential law violators

Overall, approximately what percent of state criminal cases are resolved through plea bargaining?

almost 95%

A(n) ________ provides information about the personality, family life, and business acumen of the defendant in an effort to show that the defendant is not the kind of person who would commit the crime with which he or she is charged?

character witness

The role of the ________ is to create a record of all that occurs during a trial.

court reporter

A(n) ________ law limits the right to bail for certain kinds of offenders.

danger

In which of the following does the defendant exercise choice in the court process?

deciding what plea to enter

________ involves suspending criminal proceedings and referring the alleged offender to a private agency.

diversion

The judge (responsibilities):

ensures justice, ultimate authority in the courtroom, rule on matters of law, weighing objections, decide admissibility of evidence, sentence guilty/not guilty...

What is the earliest stage of the court process at which defendant may be given formal notice of the charges against them?

first appearance

An indictment is filed by the

grand jury

Which goal of sentencing focuses on separating offenders from society to reduce opportunities for further criminality?

incapacitation

A sentence of 8 to 15 years in prison is an example of ________ sentencing.

indeterminate sentence

If a grand jury is not used, the prosecutor files a(n) ________ against the accused.

information

An eyewitness who saw a crime being committed is an example of a(n) ________ witness

lay

________ is a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime.

mandatory sentencing

Which of the following is a mitigating circumstance?

offender acted under strong provocation

Joel has been sworn in as a witness in a criminal trial. When asked about the defendant's whereabouts at the time of the crime, Joel deliberately lies to give the defendant an alibi. Joel's action is known as

perjury

Which type of indigent defense involves the use of full-time salaried state employees?

public defense programs

Which of the following is not a member of the professional courtroom work group?

quizlet said "defendant" lol

Fingerprints and tire tracks examples of ________ evidence.

real

A defendant who is not indigent and who can afford private attorney fees will have which type of defense attorney?

retained counsel

the just deserts model of sentencing emphasizes

retribution

The duties of the defense counsel do not include:

serving as a quasi-legal advisor to the police - quizlet says lol

The Supreme Court's decision in the case of Furman v. Georgia was a statement against

the manner in which statutes permitted the death penalty to be imposed.

________ laws get tough on crime by mandating enhanced sentences for repeat felony offenders.

three strikes

The US district courts are the _____

trial courts

Who is often considered a "forgotten" person in the courtroom?

victims