Criminal Justice Exam Ch 5-8

Which of the following is a difference between partisan and nonpartisan election of judges in the federal court system?

In partisan elections, judicial candidates must declare allegiance to a particular political party; in nonpartisan elections, they do not.

_____ refers to the principle of command in which personnel take orders from and are responsible to those in positions of power directly above them.

Delegation of authority

Which of the following is a crucial fact that a forensic expert can determine using items found at a crime scene?

The cause of death or injury

_____ refers to the ideal number of subordinates that a police sergeant can manage effectively.

The span of control

Identify a situation in which a law enforcement officer can make a warrantless arrest.

The time lost in obtaining a warrant would allow the suspect to escape, and the officer has probable cause to make an arrest.

The term _____ refers to laws restricting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred.

statute of limitations

In the context of the high standard of proof in criminal cases, which statement is true?

. The prosecution must show that the defendant's guilt is clear and unquestionable.

Which of the following is an internal pressure that police officers face?

Excessive paperwork

_____ is the process by which one jurisdiction surrenders a person accused or convicted of violating another jurisdiction's criminal law to the second jurisdiction.

Extradition

_____ is a voir dire challenge for which an attorney states the reason why a prospective juror should not be included on the jury.

A challenge for cause

Which of the following is a difference between a stop and an arrest

A stop can be made on reasonable suspicion, whereas a law enforcement officer needs probable cause to make an arrest.

Which statement is true regarding the roles and responsibilities of a trial judge?

A trial judge has to schedule the trial and set the pretrial motion dates.

Under the plain view doctrine, what is one of the criteria that justifies a warrantless seizure?

An officer should immediately recognize the illegal nature of an item.

Which of the following is a difference between trial courts and appellate courts?

Appellate courts make judgments on questions of procedure, whereas trial courts determine exactly what events occurred.

_____ is the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings.

Bail

_____ is the study of firearms, including the firing of the weapon and the flight of the bullet.

Ballistics

Which of the following is a type of force used by police officers?

Deadly force

Which of the following is true of a judge's personal philosophy?

It affects the strategies of prosecutors and defense attorneys.

Which of the following is true of problem-oriented policing?

It encourages police officers to stop looking at their work as a day-to-day proposition.

In the context of criminal trials, which statement best defines the term indictment?

It is a charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime.

Which statement best defines the term acquittal?

It is a declaration following a trial that the individual accused of the crime is innocent in the eyes of the law and thus is absolved from the charges.

Which of the following is true of deadly force used by law enforcement?

It is justified while protecting civilians from serious harm.

What is true of custody?

It is the forceful detention of a person, or a person's perception that he or she is not free to leave the immediate vicinity.

In the context of criminal trials, which statement best defines the term discovery?

It is the formal investigation by each side prior to trial.

Which statement best defines sequestration?

It is the isolation of jury members during a trial to ensure that their judgment is not tainted by outside information.

Which statement is true of the writ of habeas corpus?

It is used by defense attorneys for death row clients who have new DNA evidence proving their innocence.

Which statement is true of the exclusionary rule?

It prohibits the use of illegally seized evidence in court.

Identify a true statement about the Sixth Amendment.

It provides defendants the right to a speedy trial by an impartial jury.

Which statement is true of the "good faith" exception?

It provides exemption from the exclusionary rule.

In the context of double jeopardy, which statement is true about criminal trials?

One state's prosecution will not prevent a different state or the federal government from prosecuting the same crime.

Which of the following is one of the factors on which the judicial support of police discretion is based?

Police officers are extremely knowledgeable about criminal behavior.

Which statement is true of the Reid Technique?

Police officers are taught to minimize the moral seriousness of the crime.

A(n)____ is a set of guiding principles designed to influence the behavior and decision making of police officers.

Policy

_____ refers to reasonable grounds to believe the existence of facts warranting certain actions, such as the search or arrest of a person.

Probable cause

_____ is the process through which a police officer is taught the values and expected behavior of the police subculture.

Socialization

Which of the following is a component of the two-pronged test set by Justice John Harlan, Jr., for a person's expectation of privacy?

Society must recognize the expectation of privacy as reasonable.

Stella, who is part of a minority religious group, was asked by a police officer to stop lighting incense sticks inside her ground-floor apartment, claiming that it was harmful to the environment. Stella filed a case against the police officer in a trial court in her city claiming violation of her First Amendment rights. The court arrived at a verdict favoring the police officer. She now wants the U.S. Supreme Court to look into her case and files an appeal. What must happen for Stella's case to reach the Supreme Court?

The Supreme Court issues a writ of certiorari to the trial court.

Which statement is true of the U.S. district courts?

These are the courts in which cases involving federal laws begin.

Which statement is true of problem-solving courts?

They allow court personnel to become experts in a particular subject, such as substance abuse and domestic violence.

Which statement is true of state trial courts of general jurisdiction?

They are the setting for criminal trials and have the authority to hear many types of subject matter.

Which of the following is true of courts of general jurisdiction?

They deal with the most serious felonies and civil cases.

Identify a true statement about force multipliers.

They do not require a significant increase in personnel.

Which of the following is true of proactive arrests?

They involve the police taking the initiative to target a particular type of criminal.

Which statement is true of crisis intervention team training programs designed by law enforcement agencies?

They provide access to mental health professionals who are on call to respond to police requests for assistance.

Which of the following is true of court reporters?

They record every word that is said during the course of the trial

In the context of the selection of judges, what is one of the basic steps of the Missouri Plan?

When a vacancy on the bench arises, candidates are nominated by a nonpartisan committee of citizens

According to criminologists Joycelyn M. Pollock and Ronald F. Becker, which situation can present an ethical dilemma to a police officer?

When the wrong choice is very tempting

A stop is:

a brief detention of a person by law enforcement agents for questioning.

Which of the following is an example of a warrantless search?

a consent search

The U.S. Supreme Court can overrule a decision made by a state's highest court only when:

issues of federal law or constitutional procedure are involved.

County attorney, state attorney, and district attorney are all terms used for _____ in state or local courts.

a public prosecutor

The most important responsibility of a criminal defense attorney is to:

achieve the client's desired goal using all legal and ethical means.

According to William Gay, Theodore Schell, and Stephen Schack, which of the following is a general category of routine police patrol activity?

administrative duties

Shane, a citizen of the United States, feels that he has been wrongly convicted by a lower court for the theft of his company's intellectual property. He decides to go to the highest court to get his case reviewed. Shane is most likely to approach a(n) _____.

appellate court

In the context of criminal trials, a defendant is informed of the charges and must respond by pleading not guilty or guilty at the _____.

arraignment

A(n) _____ is a written order, based on probable cause and issued by a judge or magistrate, commanding that the person named on it be taken into custody by the police.

arrest warrant

The type of defense counsel programs in which local private attorneys are allotted clients on a case-by-case basis by the county is called _____.

assigned counsel programs

A(n) _____ is a hierarchically structured administrative organization that carries out specific functions.

bureaucracy

Kate, a police officer, began investigating a case involving a counterfeiting ring three months ago. She worked tirelessly to apprehend the perpetrators. In the last one month, owing to the high demands of the investigation, Kate started becoming extremely distressed. She could not concentrate on the case any further. As a result, she took a week off from work to recuperate. This scenario illustrates that Kate most likely suffered from _____.

burnout

Craig is the man accused in the murder of Jenny Jenkins. While searching Craig's house for evidence, the police found a .38-caliber revolver. The weapon used in the murder was also a .38-caliber revolver. In the given scenario, the evidence found is _____.

circumstantial evidence

A _____ is a criminal investigation that has not been solved after a certain amount of time.

cold case

The rules of the attorney-client privilege requires that:

communications between a client and his or her attorney be kept confidential, unless the client consents to the disclosure.

A(n) _____ is a human source for police who provides intelligence concerning illegal activity in which he or she is involved.

confidential informant

The term _____ refers to the questioning of an opposing witness during trial, and both sides of a case are allowed to do so.

cross-examination

The policy of ______ requires that "officers shall use advisement's, warnings, verbal persuasion, and other tactics as alternatives to higher levels of force, if feasible."

de-escalation

The "totality of the circumstances" test is used to:

determine whether a stop is based on reasonable suspicion.

Question Workspace Check My Work In the context of elements of ethics, _____ is the moral sense of a police officer that she or he should behave in a certain manner.

duty

International jurisdiction implies that:

each country has the right to create and enact criminal law for its territory.

The term fruit of the poisoned tree refers to:

evidence that is acquired through the use of illegally obtained evidence.

What is a common reason for wrongful convictions eventually overturned by DNA evidence?

false confessions

A _____ is a group of citizens called to decide if there is probable cause to believe that a defendant committed a crime.

grand jury

The term _____ refers to a jury whose members are so irreconcilably divided in their opinions that they cannot reach a verdict.

hung jury

The U.S. Supreme Court makes criminal justice policy through judicial review and by virtue of its authority to _____.

interpret the law

When arresting the driver of a car, the police can conduct a warrantless search of the car only if the person being arrested:

is close enough to the car to destroy evidence inside the car.

Bob is accused of drunk driving and causing a car crash that severely injured two people. Martha, a waitress at Musequin Bar, is a witness for the prosecution. She testifies that Bob had three drinks at Musequin Bar about 20 minutes before the time of the crash. In the given scenario, Martha is a(n) _____.

lay witness

The Fifth Amendment states that _____.

no person shall be compelled in any criminal case to be a witness against himself or herself

DNA fingerprinting is useful in criminal investigations because:

no two people, save for identical twins, have the same genetic code.

Mac, a law enforcement officer, has a search warrant that authorizes him to search for a stolen television set at a suspect's house. Mac's search will be considered unreasonable if he:

opens small cabinets looking for other stolen items.

Trial courts are courts having _____.

original jurisdiction

A frisk is a(n)_____.

pat-down or minimal search by police to discover weapons

The term _____ refers to the process by which the accused and the prosecutor work out a mutually satisfactory conclusion to a case, subject to court approval.

plea bargaining

Ryan is accused of murdering a man. He is denied bail during the initial appearance because the magistrate fears that Ryan may commit another crime if released before trial. The magistrate wants Ryan to be kept in custody until the trial begins. The given scenario best exemplifies _____.

preventive detention

Which of the following is one due process function of a court?

protection from self-incrimination

Noel, an African American cab driver, was returning home after completing a ride. He was pulled over by two police officers because he exceeded the speed limit by 1 mph. At the same time, another cab driver who appeared to be Caucasian and exceeded the speed limit by 5 mph was allowed to go without a ticket. In Noel's case, the police officers engaged in _____.

racial profiling

In the context of police functions, unlike patrol, investigation is:

reactive in nature.

The Constitution requires the reasonable doubt standard because it:

reduces the risk of convicting innocent people.

In the context of field services, unlike larger departments, smaller departments:

rely almost exclusively on general patrol.

A(n) _____ is a written order, based on probable cause and issued by a court, commanding that police officers or criminal investigators examine a specific person, place, or property to obtain evidence.

search warrant

A suspect is said to have waived his or her Miranda rights if he or she:

states that he or she will voluntarily answer questions without the presence of counsel.

Stella, a law enforcement agent, observed a man acting suspiciously at a local children's park. She noticed him following a child back home for three consecutive evenings, and was suspicious that the man might be planning to kidnap the child. On the third evening, she approached him and asked him to identify himself. She also asked him the reason for following the child. Stella's action is an example of a(n) _____.

stop

Which of the following best describes an arrest?

the act of depriving a person suspected of criminal activity of his or her liberty

Which function of courts emphasizes punishment and retribution?

the crime control function

The dual court system implies that:

the federal government and individual states have their own separate court systems.

The need for the Miranda warning is based on the concept of inherent coercion, which rests on the assumption that:

the general atmosphere of an interrogation is intimidating.

After an arrest has been made, the first step toward determining the suspect's guilt or innocence is _____.

the initial appearance

Before a trial process starts, prosecutors hold a great deal of discretion in deciding:

the level of the charges to be brought against the suspect.

According to criminal justice professor Rolando V. del Carmen of Sam Houston State University, which element must be present for an arrest to take place?

the understanding of the person that she or he has been arrested

Which of the following is a screening factor that prosecutors consider in deciding when to prosecute and when not to prosecute?

unreliability of victims

Jason, a police officer, stops a car on the highway after being tipped off by a reliable informant that the driver of the car was transporting heroin. He finds bags of heroin carefully hidden beneath the car seats. It can be inferred from the given scenario that Jason is:

using the informant's information as a probable cause for searching the car.

The term _____ refers to a formal decision made by the jury.

verdict