Criminal justice exam 3

________ evidence requires interpretation or requires a judge or jury to reach a conclusion based on what the evidence indicates. A- Circumstantial B- Real C- Direct D- Exculpatory

A- Circumstantial

What is a hung jury? A- A jury that is not impartial B- A jury that is unable to agree on a verdict C- A jury that refuses to leave after the trial ends D- A jury that ignores the evidence when deciding its verdict on the case

B- A jury that is unable to agree on a verdict

Which of the following is a member of the courtroom work group? A- A member of the jury B- A public defender C- The defendant D- The victim

B- A public defender

________ evidence is information having a tendency to clear a person of guilt or blame. A- Real B- Exculpatory C- Virtual D- Direct

B- Exculpatory

Which goal of sentencing focuses on separating offenders from society to reduce opportunities for further criminality? A- Rehabilitation B- Retribution C- Deterrence D- Incapacitation

D- Incapacitation

What is the primary purpose of the preliminary hearing? A- To give defendants the opportunity to challenge the legal basis for their detention B- To once again inform defendants of the specific charges against them C- To help ensure defendants will reappear when summoned by the court D- To allow defendants to enter a plea

******** NOT B- To once again inform defendants of the specific charges against them, D- To allow defendants to enter a plea********

________ courts are low-level courts that focus on quality-of-life crimes that erode a neighborhood's morale. A- Community B- Specialized C- Appeals D- Supreme

A- Community

________ guilt is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged. A- Legal B- Evidential C- Adversarial D- Factual

A- Legal

Which is NOT a category that an appeal generally falls into? A- Misdemeanor B- Frivolous C- Ritualistic D- Non consensual appeals

A- Misdemeanor

What type of plea is most similar to a guilty plea? A- Nolo contendere B- Standing mute C- Innocent D- Not guilty

A- Nolo contendere

Which type of indigent defense involves the use of full-time salaried state employees? A- Public defender programs B- Contract attorney programs C- Private counsel programs D- Assigned counsel

A- Public defender programs

George has been accused of multiple crimes. Why would the prosecutor want to try George separately on each charge? A- Trying charges separately would allow another trial on a new charge if George is found not guilty at a trial B- Trying charges separately would let the prosecutor present a considerable amount of evidence at trial C- Trying charges separately would save the state considerable time and money D- Trying charges separately would allow the prosecutor to present a complete sequence of all criminal events

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

________ are often considered the most forgotten people in the courtroom. A- Victims B- Lay witnesses C- Defendants D- Jurors

A- Victims

When is a probable cause hearing necessary? A- When the arrest was made without a warrant B- When there is an extended delay before the defendant appears before a magistrate C- When the suspect is being held without bail D- When the suspect requests one

A- When the arrest was made without a warrant

The standard of proof required for conviction in a criminal trial is ________. A- beyond a reasonable doubt B- preponderance of the evidence C- reasonable grounds D- probable cause

A- beyond a reasonable doubt

The most important form of prosecutorial discretion lies in the power to ________. A- charge, or not to charge, a person with an offense B- test the credibility and memory of the witness C- handle matters relating to individuals who have been declared mentally incompetent D- serve as a judge of probate to oversee wills and the administration of estates

A- charge, or not to charge, a person with an offense

In a typical state court structure, the lowest court is a(n) court of ________ jurisdiction. A- limited B- specialized C- general D- appeals

A- limited

Three-strikes laws are an example of ________ sentencing. A- mandatory B- indeterminate C- presentence investigation D- minimum

A- mandatory

A drug court is an example of a(n) ________. A- problem-solving court B- community court C- court of last resort D- dispute resolution center

A- problem-solving court

The sentencing goal of ________ involves punishment based on the need for revenge. A- retribution B- restorative justice C- revenge D- just desserts

A- retribution

Literally, "new trial". This term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record. A- trial de novo B- original jurisdiction C- appeal D- court of last resort

A- trial de novo

Which of the following provides the first appellate level for courts of limited jurisdiction? A- Intermediate appellate courts B- Courts of general jurisdiction C- Courts of last resort D- District courts

B- Courts of general jurisdiction

TV shows like The People's Court and Judge Judy are examples of which type of court? A- Courts of general jurisdiction B- Courts of limited jurisdiction C- Trial de novo courts D- Appellate courts

B- Courts of limited jurisdiction

Which of the following is a characteristic of restorative justice? A- Crime control is the responsibility of the criminal justice system. B- Crime has individual and social dimensions of responsibility. C- Victims tend to be peripheral in the process of resolving a crime. D- Crime is seen as an act against the state and a violation of the law.

B- Crime has individual and social dimensions of responsibility.

________ is a sentencing goal that focuses on preventing the offender from committing crimes by reducing his or her opportunities for crime. A- retribution B- Incapacitation C- restorative justice D- revenge

B- Incapacitation

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? A- Appellate jurisdiction B- Original jurisdiction C- Overlapping jurisdiction D- Limited jurisdiction

B- Original jurisdiction

A trial de novo occurs when ________. A- a new case is brought before the court for the first time B- a case is retried on appeal C- a case that lost on appeal is brought before another court D- a state case is moved to federal court

B- a case is retried on appeal

Community service and home detention are examples of ________ sentencing. A- proportionate B- alternative C- concurrent D- determinate

B- alternative

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does NOT appear is known as a(n) ________. A- signature bond B- bail bond C- unsecured bond D- property bond

B- bail bond

The ________ argument against capital punishment emphasizes disproportionality in the imposition of death sentences. A- retribution B- discrimination C- justice D- bias

B- discrimination

While Bob was studying in the library, his wallet was stolen. When the thief was caught, Bob opted to resolve the case informally at a ________ staffed by volunteer mediators. A- community court B- dispute-resolution center C- criminal justice center D- deferral court

B- dispute-resolution center

A sentence of 8 to 15 years in prison is an example of ________ sentencing. A- consecutive B- indeterminate C- concurrent D- structured

B- indeterminate

A formal written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony, is known as an ________. A- arraignment B- indictment C- assessment D- enforcement

B- indictment

A subpoena ________. A- results in a trial de novo B- is a written order requiring an individual to appear in court C- orders the sheriff to make an arrest D- is issued by a bailiff

B- is a written order requiring an individual to appear in court

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 ________. A- probative value B- perjury C- hearsay D- reasonable doubt

B- perjury

The Missouri Plan is a ________. A- method of judicial selection based on merit B- plan for restructuring state courts systems to increase efficiency and reduce case backlog C- proposed method for increasing the effectiveness of court-appointed counsel D- guide to jury reform

B- plan for restructuring state courts systems to increase efficiency and reduce case backlog

If a judge requests information on a convicted defendant's background, the probation or parole office will conduct a ________ investigation. A- general deterrence B- presentence C- probation D- presumptive sentencing

B- presentence

Federal sentencing guidelines ________. A- eliminate judicial discretion completely B- provide a range of punishments for a specific crime C- tend to be uniform across states D- do not permit departures from the guidelines

B- provide a range of punishments for a specific crime

The just deserts model of sentencing emphasizes ________. A- restitution B- retribution C- the use of fines D- restoration

B- retribution

The biggest drivers of rising incarceration rates in the United States are ________. A- crime rates B- sentencing policies C- state and federal budgets D- birth rates

B- sentencing policies

The clerk of court is responsible for ________. A- ensuring order in the courtroom during a trial B- summoning members of the public for jury duty C- providing uniform court management D- creating a record of everything that occurs at a trial

B- summoning members of the public for jury duty

U.S. district courts are the ________ for the federal court system. A_ courts of last resort B- trial courts C- civil courts D- appellate courts

B- trial courts

How many U.S. Supreme Court Justices are there? A- 5 B- 10 C- 9 D- 7

C- 9

There are ________ federal judicial districts. A- 64 B- 14 C- 94 D- 18

C- 94

The defendant exercises choice in the court process in which of the following decisions? A- Selecting which form of indigent defense will be provided B- Deciding whether to be tried in absentia C- Deciding what plea to enter D- Deciding what charges will be brought

C- Deciding what plea to enter

Which of the following is a form of structured sentencing? A- Contemporary sentencing B- Quasi-independent sentencing C- Determinate sentencing D- Indeterminate sentencing

C- Determinate sentencing

Which of the following is an advantage of the imposition of fines as a criminal sanction? A- Fines contribute to increased prison overcrowding. B- Fines can reduce offender recidivism through incapacitation. C- Fines can be made proportionate to the seriousness of the crime. D- Fines are expensive to administer.

C- Fines can be made proportionate to the seriousness of the crime.

In which case did the Supreme Court approve a two-step procedure that separates the determination of guilt from the determination of the sentence? A- Furman v. Georgia B- Wilkerson v. Utah C- Gregg v. Georgia D- Woodson v. North Carolina

C- Gregg v. Georgia

Which of the following arguments regarding the death penalty is a retentionist rationale? A- Discrimination B- Lack of proven deterrence C- Just deserts D- Arbitrariness

C- Just deserts

________ is a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime. A- Presumptive sentencing B- Indeterminate sentencing C- Mandatory sentencing D- Truth in sentencing

C- Mandatory sentencing

________ appeals to federal appellate courts involve major questions of law and policy where there is considerable professional disagreement among the courts. A- Ritualistic B- Procedural C- Nonconsensual D- Frivolous

C- Nonconsensual

A defendant who is NOT indigent and who can afford private attorney fees will have which type of defense attorney? A- Assigned counsel B- Court-appointed counsel C- Retained counsel D- A public defender

C- Retained counsel

________ is a sentencing principle that holds that an offender's criminal history should be taken into account in sentencing decisions. A- Good time B- Equity C- Social debt D- Proportionality

C- Social debt

Which of the following is a mitigating circumstance? A- The crime was committed for hire. B- The offender induced others to participate in the crime. C- The offender acted under strong provocation. D- The offender possessed a deadly weapon during the crime.

C- The offender acted under strong provocation.

Trials operate within a framework known as the ________ process. A- judicial B- criminal justice C- adversarial D- crime

C- adversarial

The ________ keeps order in the courtroom and announces the judge's entry to the courtroom. A- clerk of court B- court recorder C- bailiff D- court administrator

C- bailiff

During jury selection, challenges for cause ________. A- do not require the attorney to give a reason for the challenge B- signify the belief that the juror pool is biased in some way C- claim that an individual juror cannot be fair or impartial D- are restricted in number by statute

C- claim that an individual juror cannot be fair or impartial

The judge ________. A- is responsible for presenting the state's case against the defendant B- determines what charge to bring against a suspect C- holds ultimate authority in ruling on matters of law D- is responsible for testing the strength of the prosecution's case

C- holds ultimate authority in ruling on matters of law

The traditional sanction most-commonly imposed upon convicted felons is ________. A- probation B- jail time C- imprisonment. D- parole

C- imprisonment.

An eyewitness who saw a crime being committed is an example of a(n) ________ witness. A- expert B- hostile C- lay D- known

C- lay

Release on recognizance ________. A- requires the defendant to pay bail in cash. B- permits the defendant to post non-cash collateral. C- permits release on the basis of a written promise to appear. D- results in the pretrial detention of a suspect.

C- permits release on the basis of a written promise to appear.

Weapons, tire tracks, and fingerprints are examples of ________ evidence. A- exculpatory B- testimonial C- real D- circumstantial

C- real

The power of judicial review allows the U.S. Supreme Court to ________. A- expand the scope of its original jurisdiction in state-level cases B- review and approve the structure of state court systems C- review lower-court decisions and state and federal statutes D- conduct trials in federal cases when it considers the issue to warrant it

C- review lower-court decisions and state and federal statutes

Research into victim-impact statements has found that ________. A- oral impact statements have more impact than written documents B- they have a significant impact on judicial sentencing decision-making C- sentencing decisions are rarely affected by them D- juries are not required to consider victim-impact statements

C- sentencing decisions are rarely affected by them

A ________ jury is isolated from the public and removed from all outside influences. A- subpoenaed B- preempted C- sequestered D- segregated

C- sequestered

American criminal trial courts operate under a structure known as ________. A- presentation of evidence B- the reasonable doubt doctrine C- the adversarial system D- jury selection

C- the adversarial system

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. A- 72 B- 12 C- 24 D- 48

D- 48

________ time is deducted from the amount of time an offender must serve in prison on a given sentence because the offender participated in a special project or program. A- community service B- good C- time served D- Gain

D- Gain

Under the indeterminate sentencing model, what is the primary determinant of the amount of time served? A- The leniency of the parole board B- The leniency of the judge C- Pressure from politicians D- The inmate's behavior while incarcerated

D- The inmate's behavior while incarcerated

What is a judicial review? A- A coordinator who assists with case flow management B- Lowe level specialized courts that focus on minor offenses C- The request that a court with appellate jurisdiction review the judgement of a lower court D- The power of a court to review actions and decisions made by other agencies of government

D- The power of a court to review actions and decisions made by other agencies of government

If the prosecutor calls a witness to the stand, who conducts the redirect examination? A- The defense attorney B- The judge C- The jury D- The prosecutor

D- The prosecutor

Which of the following is a purpose of bail? A- To ensure defendants are able to spend time with their families B- To ensure that defendants remain employed during the pretrial period C- To allow defendants to assist the attorneys with their case D- To prevent unconvicted suspects from suffering imprisonment unnecessarily

D- To prevent unconvicted suspects from suffering imprisonment unnecessarily

Courts that have the authority to review a decision made by a lower court are said to have ________ jurisdiction. A- original B- special C- limited D- appellate

D- appellate

Mario is a criminal attorney with a private practice. He has been appointed by the court to serve as a defense attorney for an indigent defendant and receives a fee from the court at a rate set by the state government. Mario is a(n) ________ counsel. A- private B- public C- opposing D- assigned

D- assigned

The role of the ________ is to create a record of all that occurs during a trial. A- court administrator B- bailiff C- clerk of court D- court reporter

D- court reporter

The primary purpose of a criminal trial is to ________. A- safeguard the trial system of the United States B- ensure a defendant's rights have been safeguarded C- determine if a crime has been committed D- determine the guilt or innocence of a defendant

D- determine the guilt or innocence of a defendant

An indictment is filed by the ________. A- bailiff B- defense attorney C- prosecutor D- grand jury

D- grand jury

The U.S. Supreme Court has ruled that ________ must decide the facts that lead to a death sentence. A- appellate courts B- high courts C- judges, not juries D- juries, not judges

D- juries, not judges

What types of cases do courts of limited jurisdiction usually handle? A- the lawful authroity of a court to hear or to act on a cases B- serous criminal cases C- the court authorized by law to hear the final appeal on a matter D- small claims, traffic, parking, and civil infractions

D- small claims, traffic, parking, and civil infractions

The Innocence Protection Act of 2004 provides federal funds to help eliminate ________. A- witness misidentification B- the misinterpretation of forensic evidence at trial C- withholding of evidence by prosecutors D- the backlog of unanalyzed DNA samples in crime labs

D- the backlog of unanalyzed DNA samples in crime labs

A formal written accusation submitted to a court by a prosecutor, alleging that a person has committed a crime is what? A- nolo contendere B- grand jury C- information D- arraignment

information

A court's ________ is the territory, subject matter, or people over which that court may exercise authority.

jurisdiction