Intro to Criminal Justice Final Review (Pearson Chapters 9, 10, 11, 12, 13, 15 & 16)

Over the past 30 years, the number of people incarcerated in the United States has risen dramatically. This is most likely a result of ________.

"get tough on crime" policies The increasing use of "get tough on crime" policies, such as three-strike laws and mandatory sentencing, have dramatically increased the use of incarceration as a sentencing option and led to a significant rise in the number of incarcerated individuals.

Which of the following judges is most likely to impose a fine when sentencing an offender?

A judge in a court of limited jurisdiction

Jim is charged with manslaughter and is indigent, so he cannot afford to hire an attorney. He is being defended by Alison, a criminal attorney whose name was selected at random from a list of all criminal lawyers practicing in the jurisdiction of the trial court. Alison is not receiving her normal fee but is being paid at a rate set by the state government. What form of indigent defense is being used in this scenario?

An assigned counsel system An assigned counsel system draws attorneys for indigent criminal defendants from a list of all practicing criminal attorneys within the jurisdiction of the trial court. The fees of assigned counsel are established by a rate set by the state or local government, which are typically low and may affect the amount of effort the assigned attorney puts into the case.

Which of the following statements concerning three-strikes sentencing laws is true?

An offender can receive a life sentence for a nonviolent crime if it is his or her third strike.

Which of the following is a responsibility of the bailiff?

Announcing to the court that judge is entering the courtroom The bailiff is usually an armed law enforcement officer who maintains order in the courtroom. The bailiff announces the judge's entry in to the courtroom, calls witnesses, prevents the escape of defendants who are not released on bond, supervises sequestered juries, and controls public and media access to the jury.

Which of the following statements regarding circumstantial evidence is true?

Circumstantial evidence requires the judge or jury to make inferences. Circumstantial evidence is indirect evidence. It requires the judge or jury to make inferences and to draw conclusions.

Which of the following statements regarding defense counsel is true?

Communications between defense attorneys and defendants is confidential and attorneys cannot be required or forced to reveal any information confided to them by their clients. Discussions between lawyers and defendants are protected under the umbrella of attorney-client confidentiality.

Which of the following statements about juries is true?

Convicted felons generally are excluded from jury service. In most jurisdictions, convicted felons are excluded from jury service.

_______ is/are designed to reduce the number of jurisdictions.

Court unification One of the most important issues today is reducing the number of jurisdictions in the American court system by unifying courts.

Which of the following statements regarding plea bargaining is true?

Defendants may withdraw a guilty plea after entering it with the court. After a guilty plea has been entered, it may be withdrawn with the consent of the court.

Which of the following is considered a disadvantage of the use of fines as a sentence?

Fines result in unequal punishments for offenders with different levels of income.

Which of the following statements regarding probation is true?

If probation is revoked, the offender may be incarcerated.

Which of the following is true of intermediate sanctions?

Intermediate sanctions are socially cost-effective for offenders and their families.

How has the USA PATRIOT Act impacted the use of capital punishment?

It significantly increased the number of federal crimes that are punishable by death. The list of crimes punishable by death under federal jurisdiction was expanded by the 2001 USA PATRIOT Act and now includes approximately 60 crimes.

Which of the following motions is attempting to delay the start of the trial?

Motion for continuance A motion for continuance seeks a delay in the start of the trial.

_________ jurisdiction is 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 Original jurisdiction is 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.

Which of the following is true about rising incarceration rates and lengths of incarceration since the mid-1990s?

Rising incarceration rates have imposed significant financial burdens on state and federal governments. Rising incarceration rates have imposed substantial economic burdens on the budgets of state and federal governments.

Which Amendment to the U.S. Constitution guarantees defendants the right to a speedy trial?

Sixth The speedy trial provision is found in the Sixth Amendment to the U.S. Constitution.

Which of the following is a distinguishing characteristic of Hawaii's Opportunity Probation with Enforcement (HOPE) probation program?

Successive probation violations are dealt with in a proportionate manner.

During a criminal trial, the judge employs the Daubert standard to determine whether which of the following items of evidence is admissible?

Testimony from a physician explaining the level of accuracy of DNA evidence The Daubert standard provides criteria for the introduction of scientific evidence at trials and effectively cleared the way for the use of DNA evidence in the courtroom.

When the police arrested Jack, they did not have an arrest warrant. He claims that the police did not have probable cause to make the arrest. Which pretrial activity includes the first opportunity for a probable cause hearing in Jack's case?

The first appearance Then first appearance of a defendant before a magistrate or lower-court judge may involve a probable cause hearing, although this hearing could be held separately. A probable cause hearing is necessary in cases involving warrantless arrests.

Liam is told that an indictment has been filed against him. Who filed it?

The grand jury After hearing evidence in a case, the grand jury votes on the indictment, or list of proposed charges, presented by the prosecution.

Which of the following is true about the dual court system in the United States?

The power of the federal government has been increasing and states' rights have gradually weakened. In the last 200 years, states' rights have gradually waned relative to the power of the federal government.

Although federal district court judges may serve for life, why do many choose to serve a shorter term?

The salary received by district court judges is low compared to what they could earn in private practice. Although the salary puts district court judges in the top 1% of income-earning Americans, it is low compared to what most of them could earn in private practice. As a result, many serve for a term that is based on their financial position and then resign and return to private practice, rather than serving for life.

Which of the following is an example of a mitigating circumstance?

The victim consented to the criminal activity.

When sentencing convicted felons, the most commonly used sentence is

incarceration in prison. Over 40% of convicted felons are sentenced to active prison terms.

One argument in favor of retaining capital punishment is the protection argument. This is considered to be the weakest retentionist argument because societal interests in protection can also be met by other sentencing options, including

incarceration.

In states that have the death penalty, the most common method of imposing death is

lethal injection. Methods of imposing death vary by state. The majority of death penalty states authorize execution through lethal injection.

Justice reinvestment focuses on

prioritizing the use of alternative sanctions.

Requiring a man convicted of domestic violence to apologize to his wife in public is an example of

stigmatic shaming. Stigmatic shaming is a form of shaming that uses embarrassment to bring about positive behavioral change in an offender.

Which of the following is considered a reason to abolish the death penalty?

Discrimination

The ________ is often one of the most forgotten people in the courtroom.

victim Although the victim may have been significantly affected by the crime and is emotionally committed to the trial proceedings and outcome, he or she may have no direct participatory role in the trial.

Which of the following factors reported in a presentence investigation would be considered a high-risk factor?

Having procriminal attitudes Procriminal attitudes, or negative attitudes toward the law, are considered a high-risk factor.

Which of the following statements regarding incarceration rates in the U.S. today is true?

High levels of incarceration do not make society safer

What does a change of venue involve?

Holding the trial in a different jurisdiction A change of venue involves moving the trial to another jurisdiction less likely to have been affected by pretrial publicity.

Which of the following is an example of an alternative sentence?

Home detention

Which of the following statements about state appellate courts is true?

If a defendant is not satisfied with the resolution by the state appellate court, he or she may try to appeal the case to the U.S. Supreme Court. Defendants who are not satisfied with the resolution of their case within the state court system may attempt an appeal to the U.S. Supreme Court. However, for an appeal to have any chance of being heard by the Supreme Court, it must be based on claims that the defendant's rights, as guaranteed under the U.S. Constitution or under federal law, were violated.

Ron has been convicted of armed robbery. He has multiple prior convictions for this and other crimes. The judge sentences Ron to 40 years in prison, stating that this will ensure Ron does not victimize anyone else in the community. Which of the following sentencing goals is the judge seeking to accomplish?

Incapacitation Incapacitation focuses on protecting innocent members of society from offenders who might harm them if not prevented from engaging in crime. This is often known as the "lock 'em up" approach. The judge has sentenced Ron to a long prison term to separate him from the community and reduce his opportunities for further criminality.

Which of the following is an advantage of indeterminate sentencing?

Indeterminate sentencing allows judges consider differences in degrees of guilt when imposing sentences. Under the indeterminate sentencing model, judges can weigh minute differences among cases, situations, and offenders in sentencing convicted criminals.

Which of the following statements regarding dying declarations is true?

A dying declaration must be related to the cause and the circumstances of the person's imminent death. For a dying declaration to be valid, it must be made by someone who knows that they are about to die, and the statement must relate to the cause and the circumstances of the impending death.

Which of the following is an example of documentary evidence?

A video recording Documentary evidence is a form of real evidence that includes written evidence but also has been extended to include stored computer data as well as video and audio recordings.

Why is the current federal sentencing scheme considered a structured sentencing scheme?

Because it uses a matrix to introduce proportionality and equity into the federal sentencing system. Federal sentencing guidelines are built around a table containing 43 rows, each corresponding to one offense level. The penalties associated with each level overlap those of the levels above and below to discourage unnecessary litigation.

Which of the following is a criticism of public defenders and public defender programs?

Because they typically have huge caseloads, they may use plea bargaining excessively. Critics claim that the huge caseloads that are typical of public defenders' offices create pressure for them to use plea-bargaining excessively, which may harm the legal interests of their defendants.

Which of the following statements is true regarding circuit court judges, who are members of the U.S. courts of appeals?

Circuit court judges are appointed by the president of the United States and confirmed by the U.S. Senate. Circuit court judges are appointed for life by the president with the advice and consent of the Senate. The judge who has served on the court the longest, and who is under age 65, is the chief judge.

Which of the following statements about dispute-resolution centers is true?

Dispute-resolution programs handle minor violations of law. Dispute-resolution centers hear victims' claims of minor violations such as passing bad checks, trespassing, shoplifting, and petty theft.

Which of the following statements regarding indeterminate sentencing is true?

Indeterminate sentencing is based on the idea that offenders are more likely to participate in rehabilitation programs if it will reduce prison time. Indeterminate sentencing has both a historical and a philosophical basis in the belief that convicted offenders are more likely to participate in their own rehabilitation if participation will reduce the amount of time they have to spend in prison.

Which of the following statements regarding the structure of the American court system is true?

Individual states have judicial autonomy over their individual court systems separate from federal control. The substantial legislative authority and judicial autonomy states have over their court systems is a result of a consensus among the nation's founders to preserve such state legislative authority and judicial autonomy in criminal justice affairs.

Joan works in a county mental health court that addresses both public safety concerns and the needs of defendants with mental illness. Defendants with serious and persistent mental illnesses are given treatment and counseling instead of being incarcerated in a jail or prison. Which of the following is true about the court in which Joan works?

It is a problem-solving court. Problem-solving courts generally handle special populations or address special issues, such as problems focusing on the mental health.

Which of the following statements best describes the jurisdiction of a court?

It is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution. Jurisdiction is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.

Jack is employed in the state court system. He is responsible for ensuring that the court system operates smoothly and efficiently. What is Jack's role?

Jake is a state court administrator. State court administrators manage the operational functions of a state's court system, including overseeing funding, staffing, training of support personnel, case flow, and inter-jurisdictional coordination.

Which of the following is considered the biggest challenge for probation and parole officers?

Lack of career mobility within the profession

Many judges object to the use of fines because they feel that poor offenders cannot pay them while more affluent offenders can "buy their way out" of prison. Which of the following is a proposed solution to these concerns?

Making fines proportionate to both the severity of the crime and the resources of the offender

Mark was arrested for shoplifting and the court has given him the opportunity for pretrial release. Which of the following alternatives to bail will mean that Mark will forfeit money or other property if he fails to appear in court when required?

Mark has been released on a property bond. A property bond allows the defendant to use items of value other than money to obtain pretrial release. The items are consigned to the court as collateral against flight prior to trial.

Mike is being arraigned in court. Which of the following is most likely to occur during his arraignment?

Mike will be asked to enter a plea. During an arraignment, the defendant is allowed to enter a plea.

Which of the following statements regarding the use of cameras in courtrooms is true?

Most states prohibit the recording of jurors or juveniles, or of conferences between an attorney and the defendant or the judge. Most states impose restrictions on certain kinds of recording, although most permit the filming of conferences without audio pickup.

When Juan heard the guilty verdict, he had a heart attack and was taken to the hospital. His attorney wants the court to delay sentencing until Juan is recovered. What motion does Juan's attorney file?

Motion for arrest of judgment A motion for arrest of judgement is filed by the defense after the verdict has been announced but before sentencing. It asserts that some legally acceptable reason exists as to why sentencing should not occur.

Although Jack has not pleaded guilty, he is treated by the court as if he has. What plea has Jack entered?

Nolo contendere A plea of nolo contendere, or no contest, is very similar to a guilty plea. Defendants who plead nolo contendere are immediately convicted and may be sentenced as if they had pleaded guilty.

Which of the following statements regarding restorative justice is true?

Offender accountability is defined by taking action to repair harm.

A criminal trial is in progress and both the prosecutor and the defense attorney are explaining to the jury what they intend to prove during the trial. What stage of the trial is this?

Opening statements The presentation of information to the jury begins with opening statements made by the prosecution and the defense. The purpose of opening statements is to advise the jury of what the attorneys intend to prove and to describe how such proof will be offered.

Which of the following statements regarding presentence investigation reports (PSIs) is true?

PSIs provide the judge with background information about the offender prior to sentencing. PSIs provide important personal and professional background information concerning the convicted offender that helps inform the judge's sentencing decision.

Which of the following best describes peremptory challenges?

Peremptory challenges allow attorneys to challenge a potential juror without disclosing the reason for the challenge. Defense attorneys and prosecutors are not required to offer any reason for utilizing a preemptory challenge to exclude a potential juror from serving. Their continued use in criminal trials is controversial because some legal observers believe preemptory challenges are used to exclude potential jurors on the basis of race, ethnicity, or gender.

John is a criminal justice reformer who is encouraging the state legislators to form a sentencing commission to develop sentencing guidelines. He believes that judges should be required to follow the guidelines or provide written explanations if they deviate from them. Which sentencing model is John advocating?

Presumptive sentencing model

Which of the following sentencing principles seeks to ensure that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed?

Proportionality Proportionality refers to the belief that the severity of punitive sanctions should bear a direct relationship to the seriousness of the crime committed.

Jane argues that all burglars should receive similar punishments, regardless of which state they are tried in. Malik disagrees, arguing that factors such as the offender's prior criminal record should influence the sentence. Jane is arguing in favor of which sentencing principle?

Proportionality.

Which of the following statements regarding release on recognizance (ROR) is true?

ROR requires defendants to agree in writing to return for hearings as specified by the court. ROR involves no cash bond. It only requires that defendants agree in writing to return for further hearings as specified by the court.

Which of the following statements best describes reintegrative shaming?

Reintegrative shaming is intended to bring the community and offender together to prevent future crime commission. Reintegrative shaming is intended to bring the community and offender together and to prevent future crime commission. It is intended to make offenders feel ashamed of their behavior and is sometimes used in restorative justice programs.

Bill has been convicted of aggravated assault after seriously injuring Mike. At sentencing, the judge states that Bill is required to reimburse Mike for all the medical bills that Mike's insurance did not cover. The judge is focusing on which goal of sentencing?

Restoration

Celia died during a terrorist attack in the United States. Her family is eligible for victims' compensation payments as a result of which federal act?

The 2001 USA PATRIOT Act

Which of the following statements about the 1994 Violent Crime Control and Law Enforcement Act is true?

The Act created a federal right of allocution. The Act gave victims of federal violent and sex crimes the right to speak at the sentencing of their assailants.

Which of the following is a limitation of the Crime Victims' Rights Act?

The Act does not establish rights for victims of state crimes.

Which of the following statements regarding the U.S. Supreme Court's rulings on the death penalty is true?

The Court has ruled that death penalty cases must be decided by a jury.

Which of the following has recently occurred in an effort to protect defendants against hastily arranged plea bargains?

The Federal Rules of Criminal Procedure require judges to determine a plea is voluntary before accepting it. The Federal Rules of Criminal Procedure require judges to inform the defendant of the various rights he or she is surrendering by pleading guilty; determine that the plea is being made voluntarily; require disclosure of any plea agreements; and make sufficient inquiry to ensure there is a factual basis for the plea. These requirements are intended to ensure that a defendant has not hastily or recklessly agreed to a plea bargain.

How has the Missouri Plan addressed the concern about allowing politics to enter the judicial selection process?

The Missouri Plan requires judicial candidates to be screened by a nonpartisan state judicial nominating committee. By mandating that candidates for judicial vacancies undergo screening by a nonpartisan state judicial nominating committee, the Missouri Plan has reduced the influence of politics on the judicial nominating process.

Which of the following is true about the power of judicial review?

The Supreme Court uses its power of judicial review to decide whether lower courts decisions are aligned with the intent of the U.S. Constitution. Through its exercise of judicial review, the Supreme Court determines which laws and lower court decisions to uphold and which to strike down, according to the Court's interpretation of the purposes of various provisions of the U.S. Constitution.

Which of the following statements regarding the use of incarceration is true?

The average length of sentences to prison is decreasing. The average sentence length for offenders sentenced to a term of incarceration in a state prison has decreased from six years in 1990 to four years and eleven months today.

Which member of the courtroom working group is responsible for maintaining custody of physical evidence during a trial?

The clerk of court During a trial, it is the responsibility of the clerk of court, or an assistant, to mark physical evidence for identification as instructed by the judge and to maintain custody of that evidence.

Which of the following is the most active stage of the probation/parole process for the probation or parole officer supervising an adult offender?

The client supervision stage

Dan has been indicted for arson. The judge takes into consideration Dan's ties to the community, the fact that he owns a house, has a full-time job, and is married with a small child. Based on this, the judge rules that Dan may use his house as collateral instead of requiring that he post cash for bail. Which of the following statements is true in this case?

The judge believes that Dan is likely to appear at all pretrial and trial activities and that he is not a danger to the community. When making the decision to release a defendant prior to trial, the judge considers the defendant's risk of flight or nonappearance at scheduled court appearances and the risk to public safety. In this case, the judge has determined that Dan is not a flight risk and does not pose any danger to the public.

After a week of deliberations in a capital murder case, the jury reports to the judge that they are deadlocked. What happens in this situation?

The judge may declare the jury to be a hung jury and the state decides whether to retry the defendant. If a jury is deadlocked, or unable to agree on any verdict, it is said to be a hung jury. It is up to the state to decide whether or not to retry the defendant.

At Sarah's preliminary hearing, her attorney claims that she is mentally incompetent to stand trial. What is the most likely next step in this situation?

The judge orders Sarah to undergo a mental health evaluation to help determine whether she is competent to stand trial. In cases where defendants appear to be or claim to be mentally incompetent, the judge may order them to undergo further evaluation to determine whether they are competent to stand trial.

Which of the following serves as the trial court of the federal court system?

U.S. district court The U.S. district courts are the trial courts of the federal court. They have jurisdiction over almost all types of federal cases, including both civil and criminal issues.

How do community courts differ from dispute-resolution centers?

Unlike dispute-resolution centers, community courts can hand down sentences such as fines and a period of incarceration in jail without the need for further judicial review. Because community courts are always official components of the criminal justice system, they have the authority to sentence offenders to fines and jail time. Dispute-resolution centers are not necessarily run by the courts and do not have the power to impose formal sentences.

Which of the following is true about victim-impact statements?

Victim-impact statements do not appear to have much effect on sentencing decisions. One study of the efficacy of victim-impact statements found that sentencing decisions are rarely affected by them, and that they have little effect on courts.

James has been arrested and charged with burglary. How long can he be held in custody before he must be permitted his first appearance before a court for a probable cause determination?

Within 48 hours of his arrest The U.S. Supreme Court has imposed a promptness requirement on probable cause determinations for arrested suspects held in custody. In the case of County of Riverside v. McLaughlin (1991), the Court held that providing probable cause determinations within 48 hours of arrest will, in general, comply with this requirement.

Jack works for an organization that regularly monitors court proceedings and attempts to document and often publicize inadequacies at the state trial court level. Jack most likely works for

a court-watch citizens' group. Jack most likely works for a court-watch citizens' group. These groups are very interested in improving the management and fairness of various court administrative and adjudication procedural activities on behalf of underserved groups and people who interact with the court system.

George has been convicted of sexual assault. However, after the case is over, his attorney discovers that the prosecutor had obtained evidence that would have proven George's innocence but had withheld it because he wanted a conviction in the high-profile case. This type of evidence is known as ________ evidence.

exculpatory Exculpatory evidence is any information that has a tendency to clear a person of guilt or blame.

22-year-old Perry is charged with first-degree murder. During the trial, the defense attorney calls Janice, Perry's elderly next-door-neighbor, to the stand. Janice describes Perry's personality to the jury, and explains how he has always refused to take any payment for helping her around the house and yard, because he said it was the right thing to do. The defense attorney uses this information to try to persuade the jury that Perry would never commit a violent crime. Janice is an example of a(n)

character witness. A character witness provides information about the personality, family life, and so on of the defendant in an effort to show that this is not the kind of person who would commit the crime with which he or she is charged. Janice is testifying to Perry's character.

The Supreme Court has rendered a decision in a controversial case and the Chief Justice has written the majority opinion. One of the associate justices agrees with the judgment of the Court but not with the reasoning of the Chief Justice. This justice may write a(n) ______________ to explain her reasoning.

concurring opinion Supreme Court justices who agree with the Court's judgment in a case may write concurring opinions if they agree for a different reason or want to provide some new insight on a legal issue in the case.

Suzette received a traffic ticket and wants to contest the ticket rather than paying it. To do this, she has to appear in traffic court. Traffic court is an example of a

court of limited jurisdiction. Courts of limited jurisdiction have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions. They are also called inferior courts or lower courts.

The prosecutor calls a witness to the stand. In this case, if a recross-examination is necessary, it would be conducted by the

defense attorney. The prosecutor will conduct the direct examination of the witness, followed by cross examination by the defense attorney. This may be followed by redirect examination by the prosecutor and recross-examination by the defense attorney.

George is an inmate serving a sentence of five to ten years in a federal prison. He is released after only three years, because he earned _______ for his participation in a series of rehabilitation programs while in prison.

gain time

Judge Evans strongly advocates giving defendants sentencing credit for good behavior and believes parole is an important tool for encouraging rehabilitation. The judge also opposes any statutory limitations on his sentencing discretion. Judge Evans most likely is a proponent of ____________.

indeterminate sentencing

At the federal level, appellate courts are most likely to reverse the decision of a lower court when hearing _________ appeals.

nonconsensual Nonconsensual appeals involve major questions of law and policy, and tend to be on issues where there is a large amount of disagreement among the courts and within the legal profession. The probability of reversal is highest in nonconsensual appeals.

In jury selection, attorneys use a _______ to challenge a potential juror without disclosing the reason for the challenge.

peremptory challenge Preemptory challenges allow attorneys to remove potential jurors without having to give a reason. Peremptory challenges, used by both the prosecution and the defense, are limited in number.

Deciding to dismiss a case for lack of evidence before the case comes to trial is an example of _________ discretion.

prosecutorial The prosecutor has considerable decision-making power in the criminal justice system. Before a case comes to trial, the prosecutor may choose to accept a plea bargain, divert the suspect to a social service agency, ask the suspect to seek counseling, or dismiss the case entirely.

The level of proof necessary for conviction in criminal trials is

reasonable doubt Prosecutors must prove their case against a defendant beyond a reasonable doubt to secure a conviction in a criminal trial.

A judge that attempts to reform a particular criminal offender and his or her behavior through sentencing is most likely to embrace a sentencing goal of _____.

rehabilitation Rehabilitation attempts to reform a criminal offender. It seeks to bring about fundamental changes in offenders and their behavior.

In Mempha v. Rhay, the Supreme Court held that a probationer has the right to _________ before a probation revocation can be imposed for an alleged probation violation.

representation by counsel

What is the dominant philosophical basis for the contemporary victims' rights movement?

restorative justice