CRJS 475 Final
In the case of Terrance Jamar Graham, why did the majority opinion decide his sentence to life in prison counted as "grossly disproportionate" to his crime?
He was a juvenile who had not committed homicide.
To what extent did the FBI's use of the letters change from 2000 (before the Patriot Act) to 2005?
It more than quadrupled.
How do legal academic researchers and behavioral science researchers differ with regard to plea bargaining?
Legal academic researchers believe that parties to a plea act rationally, while behavioral science researchers believe irrelevant factors cause defendants to strike skewed bargains.
What's one way mandatory minimums introduce discrimination into sentencing?
People with more power are more likely to be able to offer substantial help and lessen their sentence.
In Holland v. Florida (2010), the Court determined that the statute of limitations could be ignored if plaintiffs found new evidence proving innocence and what else?
Plaintiffs had diligently pursued their rights to find the evidence.
How does the requirement for probable cause to detain compare to the requirement for probable cause to go to trial?
Probable cause to detain requires fewer facts than does the decision to go to trial.
In the case described in the video, how many counts are Prysby and Glasgow charged with?
Prysby is charged with 6 counts; Glasgow is charged with 2.
The Detainee Treatment Act of 2005 was in direct response to what event?
Rasul v. Bush
According to SCOTUS, which Constitutional amendment guarantees the right to an "impartial jury" that is representative of a "fair cross-section" of the community?
Sixth Amendment
Which constitutional amendment provides for the right to a speedy trial?
Sixth Amendment
Which of the following statements describes a preliminary hearing?
The defense can challenge the prosecution's case.
How does the key-man system of jury selection in some states differ from the way most other states select jurors?
The key-man system is based on personal recommendations, and the typical method is based on random selection from lists of citizens.
What is one reason the SCOTUS majority argued that the fixed checkpoint was not an invasion of the Fourth Amendment in U.S. v. Martinez-Fuerte (1976)?
The stop was short and did not involve a full search, only questioning.
What is the main change that happens when a defendant is convicted and becomes an offender?
Their presumption of innocence becomes a presumption of guilt.
Which of the following is NOT a reason the Comprehensive Drug Abuse Prevention and Control Act repealed mandatory minimums for drug offenses?
They gave judicial authority too broad a scope of power.
What does the court require of defendants who are released on recognizance?
They give their word to the court that they will appear for their court date.
If the FBI wants to go beyond collecting metadata of phone calls between U.S. persons and start recording phone calls, what step do they have to take?
They have to be issued a warrant.
What digital platform did law enforcement investigate to gather intelligence about the actions of Hamza Ahmed?
According to the video, when 300 jurors are summoned, the court is lucky if ____________ show up.
100
Mandatory minimums could have contributed to the fact that our prisons hold what percentage of the world's prisoners?
25 percent
What is the difference between a direct attack appeal and a "collateral attack" appeal?
A direct attack is a criminal trial and a collateral attack is a civil trial.
What is the difference between a first appearance and an arraignment?
A judge informs the defendant of his rights and the charges against him at a first appearance; the defendant answers the charges against him at an arraignment.
How is a factual basis established for a defendant's guilty plea?
A judge questions the defendant, prosecutor, and defense attorney about the conduct that led to the crime.
What is the difference between a roving wiretap and a traditional wiretap?
A roving wiretap follows a person, while a traditional wiretap follows a device.
Under what conditions were sneak-and-peak search warrants granted under the Patriot Act?
An occupant noticing entry may lead to adverse effects.
Under the Department of Defense guidelines issued about military commissions in 2010, can evidence be used in trial if it was gathered in a cruel or inhuman way?
Yes, if using the evidence is consistent with the interests of justice.
In which of the following instances is a jury most likely to nullify?
a man charged with providing enough morphine to stop the breathing of his terminally ill wife
According to the definitions of lawful and unlawful enemy combatants, which of the following would be considered an unlawful enemy combatant?
a militia member for a hostile country
Which of the following is a common excuse for being exempted from jury duty?
advanced age
Which institutions were sent nation security letters?
all of these are correct
Which of the following defendants would likely qualify for state appointed counsel?
an unemployed defendant who doesn't own his own home but has wealthy family members
In the U.S. Department of Justice policy memo regarding questioning terrorists, what kinds of questions does it advise agents ask before reading a suspect their Miranda rights?
any question prompted by an immediate concern for public safety
Support of the end of mandatory minimums from corners like Rand Paul and the American Civil Liberties Union (ACLU) are a demonstration of ____________.
bipartisan support
The idea in decision making that once people find an option that is good enough, they stop looking for additional options is called ____________.
bounded rationality
Which of the following groups of people are ordinarily exempt from serving on a jury?
convicted felons
As there was no mention of a grand jury review in the video, what document did the prosecutors most likely present to get indictments against these three men?
criminal information
Which of the following is defined as a critical stage of criminal proceedings?
custodial interrogation
Critics of selective prosecution argue that it
cuts into the legislature's power to make the laws.
Which standard asks a judge to weigh the strength of the case by determining whether the prosecution has presented enough evidence at a preliminary hearing that could be sent to a jury at a real trial?
directed verdict rule
Diversion cases are ones in which prosecutors ____________.
drop formal judicial proceedings if suspects agree to participate in and complete programs for community service, restitution, substance abuse, or family violence
Which of the following is an interest promoted by jury trials?
fact-finding through the adversarial process
What percentage of all cases are dropped because of illegally seized evidence?
fewer than 2
From where do military commissions draw their authority to try suspected terrorists?
from Article II of the Constitution
Aside from getting rid of mandatory minimums, the Senate has proposed what further changes?
giving judges more discretionary power
How did the librarian interviewed describe his feelings regarding the letter he received?
he found it deeply disturbing
According to then FBI director Robert Mueller, what is one of the reasons for this misuse of authority?
his personal failing in providing the necessary training, education, and oversight
What two factors does Immigration and Naturalization Services (INS) consider when determining whether to detain a person during a noncriminal deportation process?
how likely the person is to flee and if he or she poses a danger to society
Which of the following historical developments has led to the increase in plea bargaining?
increasing complexity of the criminal trial process
Modern sentencing practices started around 1870 and the reform movement that enacted those practices grew as a result of what?
legislatively fixed harsh sentences
If a defendant is denied their right to appeal based on the fact that they have already served the time of their sentence, this decision falls under the _____________.
mootness doctrine
Through the moral serious standard, SCOTUS extended the right to a jury trial to what types of crimes?
morally serious misdemeanors that can lead to jail time of six months or more
Sentencing reform that started in the 1970s and grew to a new philosophy of thinking about punishment has led to what result in U.S. sentencing?
more incarceration and longer prison sentences
The double jeopardy clause prevents ____________.
multiple prosecutions in the same jurisdiction for the same offense
Pleading guilty in exchange for concessions by the state is called a ____________.
negotiated guilty plea
What is the statute of limitations the Antiterrorism and Effective Death Penalty Act placed on petitions after "the date on which the judgment becomes final"?
one year
When it comes to plea bargains, police and the public typically ____________ them and the courts and lawyers typically ____________ them.
oppose; support
Retained counsel is __________, while appointed counsel is ____________.
paid for by the defendant; a lawyer paid for by the state
What is the term that describes the process of denying bail to defendants who might intimidate, hurt, or terrorize witnesses and victims, or who might commit new crimes, while awaiting trial?
preventive detention
Defendants who are released on their own recognizance ____________.
promise to appear in court on their court date
When Holder says the sentencing change is a promise to forge a more just society, what aspect of unfairness is he likely talking about?
racial disparities
The new model of approach to sentencing that emphasizes goals like retribution means that ____________ is no longer the primary aim of punishment.
rehabilitation
Grounds to reverse the court's judgment of guilt are called ____________.
reversible error
What's an example of the sort of crime that could be affected by Holder's decision?
small-time drug courier
What is the most important factor a prosecutor considers when deciding whether to charge a suspect?
strength of case against defendant
After an immigration judge makes a determination on an alien's detention status, who can appeal that decision?
the alien or the INS
What two factors should prosecutors, as officers of the court, consider when deciding whether to prosecute a case?
the interest of justice and the strength of a case
Jury nullification describes ____________.
the practice of acquitting in the face of proof beyond a reasonable doubt
Which of the following rights does a defendant give up when pleading guilty?
the right to remain silent
What is the purpose of a first appearance proceeding?
to decide whether there is probable cause to detain a suspect
Which of the following is a principal use of NSLs according to the Justice Department Inspector General?
to develop information for law enforcement to use in criminal proceedings
What was the purpose of the Apprendi bright-line rule established by SCOTUS?
to ensure juries continue to decide our punishments
What is the purpose of using the Capone approach to apprehend someone linked to a terrorist plot for a minor and unrelated crime?
to find charges that stick because terrorism is often difficult to prove
Which of the following is not something that the police are entitled to do before they take suspects to court for their first appearance?
track down witnesses
A unanimous verdict is required in ____________.
trials with six-member juries
When do lawyers have to explain their peremptory challenges of jurors?
when opposing counsel feels that an attorney is using them to eliminate a race of jurors
As sworn officers of the court, prosecutors are required to base their decisions of whether to prosecute solely on ____________.
whether prosecution serves justice
What does the prejudice prong of the reasonably competent attorney standard measure?
whether the lawyer's performance was responsible for conviction
Which of the following is most accurate regarding political sentiment toward the Act and its implentation?
Both democrats and republicans consider the privacy of the American people of the utmost importance.
In the judicial sentencing model, which of the following groups sets the broad contours that judges use as guides to decide on sentences?
Congress
Under what circumstances does the court rule that gag orders do not violate the First Amendment and the information protected by them should not be disclosed?
Disclosing the information could harm an authorized ongoing investigation.
Both Booker (2005) and Gall (2007) emphasize what about the use of guidelines and how strictly judges have to follow them?
Guidelines are no longer mandatory and are only one factor considered in sentencing.