intro to CJ chapters 7-9

True or False: The concept of attorney competence was defined by the US supreme court in the case of Strickland v. Washington

True

True or False: The grand jury has the power to act as an independent investigative body

True

True or False: Voir dire is when potential jurors are questioned by the prosecution and defense to determine if they can sit on the jury

True

True or False: one form of an indigent defense is where private attorney's or private law forms provide their services for free

True

True or False: In Gideon v. Wainwright, the court took the first major step on the issue of right to counsel

true

True or False: There is no set time that defines a speedy trial

true

True or False: diversion programs allow a defendant to enter treatment instead of trial

true

True or False: most formal trials are heard by a jury although some defendants can request a bench trial

true

True or False: one of the criminal sanctions available to the sentencing judge is commitment to a state hospital

true

true or false: the 6th amendment assures the right to counsel

true

What is a major difference between a public and private attorney? A). Conviction rates B). sentence lengths C). cost D). quality of representation

C). cost

Some scholars contend that bail is problematic because it: A). creates fear and coercion B). is a weak incentive to show up to court C). is discriminatory to the poor D). is not guaranteed under the law

C). is discriminatory to the poor

When the US supreme court justices reach a split decision, the chief justice assigns a member of the majority group to write the A). mandate of precedence B). issuance of legalis C). opinion D). writ of certiorari

C). opinion

In the federal system, prosecutors are appointed by whom? A). Congress B). The Senate C). The president D). The US supreme court

C). the president

What type of punishment represented reform of traditional systems of punishment in the 1800s? A. Penitentiaries B. Wergild C. Indentured servants D. Hard labor work camps

D. Hard labor work camps

"Let the sentence fit the criminal" best describes the basic philosophy of A. Determinate sentence B. Fixed term C. Mandatory minimum D. Indeterminate sentence

D. Indeterminate sentence

True or False: computers are replacing judges every day by allowing the judge to video conference into the courtroom

False

Which is false

0

What is the name of the judiciary intranet? A). J-Net B). FED Net C). Court TV D). Court Net

A). J-Net

The first state to establish a court administrative office was ___ in 1927 A). North Dakota B). California C). Iowa D). Washington

A). North Dakota

Of all felons convicted in state courts, what percent are sentenced to a period of confinement? A. 40 B. 70 C. 95 D. 80

A. 40

To qualify for federal funds under truth in sentencing laws states must require persons convicted of a violate felony crime to serve not less than __ percent of prison sentence A. 85% B. 67% C. 90% D. 40%

A. 85%

If an offender has received two sentences for two different crimes but starts serving both sentences on the same day, this is called a _____________ sentence. A. Consecutive B. Mandatory maximum C. Determinate D. Concurrent

A. Concurrent

A fixed term of incarceration is called what A. Determinate sentence B. Fixed term C. Indeterminate sentence D. Mandatory minimum

A. Determinate sentence

What term was adopted in 12 century to refer to a breach of faith with ones feudal lord A. Lex talionis B. Felonia C. Wergild D. Mala prohibition

A. Felonia

Which 1972 supreme court decision ruled that the death penalty at that time violated the eighth amendments protection against cruel and unusual punishment A. Furman v. Georgia B. Stanford v. Kentucky C. McKlesky v. Kemp D. Gregg v. Georgia

A. Furman v. Georgia

By punishing an offender severely as an example to others achieves the goal of A. General deterrence B. Rehabilitation C. Specific deterrence D. Incapacitation

A. General deterrence

What is another term that retribution advocates use to describe the concept of blameworthiness A. Just deserts B. Specific deterrence C. Recidivism D. Severity

A. Just deserts

In Roper v. Simmons (2005), the Court set what limitation on use of the death penalty? A. No defendant under 18 years old became the age limit on who could be sentenced to death. B. Execution of the mentally retarded is prohibited by the Eighth Amendment. C. Only those who commit felony murder may be execute D. Rapists may not be punished with death

A. No defendant under 18 years old became the age limit on who could be sentenced to death.

Prosecutorial discretion is used to: A. Reduce the number of cases to trial B. help the charging decision. C. punish offenders. D. impose indictment in the state court process.

A. Reduce the number of cases to trial

Poor laws were adopted in England at the end of the __ century A. Sixteenth B. Ninth C. Eleventh D. Fourteenth

A. Sixteenth

What event ended the transport of felons to North America A. The American Revolution B. The philosophical writings of the Enlightenment C. Publication of The Fatal Shore D. A new influx of slaves from the nascent Triangle Trade

A. The American Revolution

Which statement is false? A. There is a consistent relationship between social class and sentencing B. Research shows a strong correlation between legal variables and the type and length of sentence received C. Judges may perceive women as better risks than men, thus creating gender bias in sentencing D. Victim characteristics may influence sentencing

A. There is a consistent relationship between social class and sentencing

This gives the victim the opportunity to tell of their experiences and describe their ordeal A. Victim impact statement B. Statement C. Sentencing guidelines D. Witness statement

A. Victim impact statement

What state completely eliminated plea bargaining in 1975?

Alaska

The US Supreme Court is composed of ___ members that are ____? A). 7; appointed for 8 years B). 9; appointed for lifetime C). 10; recommended by congress D). 9; elected by voters

B). 9; appointed for lifetime

In what 1963 landmark case did the US supreme court rule that state courts must provide counsel to indigent defendants in felony prosecutions A). Burger v. Kemp B). Gideon v. Wainwright C). strickland v. washington D). Argersinger v. Hamlin

B). Gideon v. Wainwright

In what 1976 case did the court rule unconstitutional a trial judge's order prohibiting the press from reporting the confessions implicating the defendant in the crime? A). Gannett Co. v. DePasquaie B). Nebraska Press Association v. Stuart C). Press Enterprise Co. v. superior court D). turner v. murdoch

B). Nebraska Press Association v. Stuart

A(n) ____ is a charging document drawn up by a prosecutor in jurisdictions that do not use the grand jury system A). warrant B). information C). indictment D). complaint

B). information

To stand trial, a criminal defendant must be considered to be: A). guilty beyond reasonable doubt B). mentally competent C). pro se D). willing to challenge for cause

B). mentally competent

The process of determining the appropriateness of jurors to sit on the jury is known as: A). venire B). voir dire C). the jury array D). the process of rebuttal

B). voir dire

Approximately ___ of the states have three strikes laws but nearly __ of them require the third felony be a serious one A. One-fourth; half B. Half; all C. 90 percent; all D. Three-fourth; none

B. Half; all

Which of the following is true? A. All of these statements are true. B. Research by Samuel Gross estimates 1 in 25 death row inmates is innocent. C. Today, about 42 percent of inmates on death row are African American. D. Since 1990, 45 countries have abolished the death penalty.

B. Research by Samuel Gross estimates 1 in 25 death row inmates is innocent.

Which punishment philosophy holds that criminal sentences should be proportional to the seriousness of the criminal act A. Incapacitation B. Restitution C. Just desert D. General deterrence

B. Restitution

What happened to convicts who were transported to North America or Australia once their period of service was completed in the colonies A. They were executed B. They were granted pardons to gain their freedom C. They were returned to Europe to complete a term of imprisonment D. They were never released from servitude

B. They were granted pardons to gain their freedom

Approximately ____ courts across the US have videoconferencing capability A). 350 B). 325 C). 400 D). 375

C). 400

Today, the Sixth Amendment right to counsel and the ____ and ____ Amendments guarantee of due process of law have been judicially interpreted together to provide the defendant with counsel by the state in all types of criminal proceedings. A). 4, 5 B). 6, 8 C). 5, 14 D). 1, 7

C). 5, 14

Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for their legal services on a set number of cases involving poor defendants? A). assigned counsel systems B). prepaid legal services C). contract system D). public defender systems

C). Contract system

the ____ amendment guarantees the defendant the right to a jury trial A). Second B). Fourth C). Sixth D). Fourteenth

C). Sixth

Which of the following statements is false regarding diversion programs? A). offenders are placed in diversion programs before their trial or conviction B). restitution may be part of a diversion program C). there is no court supervision of these programs D). Pretrial diversion programs are intended to encourage community treatment participation by the offender

C). there is no court supervision of these programs

What was the most common state administered punishment in 5 century roman civilization A. Mutilation B. Burning at the stake C. Banishment (exile) D. Fines

C. Banishment (exile)

Sentencing for the purpose of general deterrence has most to do with A. Changing the offender's future behavior through fear B. Modifying the social environment from which the offender came C. Changing the perception of the general public D. Determining the proportionality of the sentence

C. Changing the perception of the general public

When a jury trial is waved, the judge must A. Ask the defense to use their ethics to decide whether the defendant is guilty B. Instruct the jury to leave the court room C. Decide whether the defendant is guilty using a bench trial D. Maintain court records themselves

C. Decide whether the defendant is guilty using a bench trial

What is the core goal of a policy that issues mandatory life sentences for certain crimes so those offenders cannot hurt other citizens A.Retribution B. Restitution C. Incapacitation D. General deterrence

C. Incapacitation

Who has final say in the duration of the offenders prison stay in the determinate sentence A. State legislature B. Parole board C. Judge D. Prosecutor

C. Judge

In 2007 which state was the first to abolish the death penalty by law since 1972 A. West Virginia B. Hawaii C. New Jersey D. Maine

C. New Jersey

In the case of Blakely v. Washington the court found that Washington states sentencing guidelines were in violation of the __ amendment A. Fourth B. Fifth C. Sixth D. Eighth

C. Sixth

which goal of sentencing attempts to convince the criminal through punishment that future crime would not be in their own future best interests A.General deterrence B. Retribution C. Specific deterrence D. Incapacitation

C. Specific deterrence

Which of the following is *not* one of the goals of sentencing guidelines? A. To remove racial and gender disparity B. To reduce prison crowding C. To increase judicial discretion D. To serve at recommendations for sentencing

C. To increase judicial discretion

What state completely eliminated plea bargaining in 1975? A). Alabama B). Oregon C). Indiana D). Alaska

D). Alaska

According to the court, which of the following was the reason for the speedy trial guarantee A). to improve the credibility of the trial B). to avoid extensive pretrial publicity and questionable conduct of officials C). to reduce the anxiety for the defendant awaiting trial D). all of the above

D). all of the above

Which of the following is a reason for which a jury can nullify the facts and evidence of a case? A). the jury believes that the law is unjust B). the jury believes the punishment is excessive C). the jury believes the law is being unjustly applied D). all of the above are reasons for jury nullification

D). all of the above

Which of the following is a pretrial procedure? A). Bail B). Arraignment C). Plea Negotiation D). all of these

D). all of these

If an individual is permitted to a trial, who chooses whether it will be before a judge or a jury A). Court administrator B). prosecutor C). judge D). defendant

D). defendant

Bail is typically granted in a felony hearing: A). only when the suspect has absconded B). when there has been error in arresting an innocent individual C). only at the police station D). during court hearings

D). during court hearings

Which of the following is the most common reason for prosecutors to reject cases? A). Interest of justice problems B). due process problems C). arrest problems D). Evidence problems

D). evidence problems

Which of following is an advantage of diversion programs? A). Diversion allows the inmate out of their cell for longer lengths of time B). the cost is higher but so is the success rate C). it allows the offender to postpone prison/jail time until diversion completion D). Rehabilitation services can be access while in the community

D). rehabilitation services can be accessed while in the community

All evidence points to the conclusion that prosecutorial discretion is used to: A). Achieve a desirable sentence B). influence judicial decision making in the sentencing stage C). influence who gets reelected to judgeships D). screen out the weakest cases

D). screen out the weakest cases

Which of the following is true of peremptory challenges during jury selection? A). They are unlimited in number B). they are constitutionally compelled to have a basis in "content" questions C). they require a stated reason for dismissal of a prospective juror D) they can be used to excuse jurors for no particular reason

D). they can be used to excuse for no particular reason

Approximately how many known executions have been carried out in america under civil authority since 1608 A. 10,000 B. 8,000 C. 20,000 D. 15,000

D. 15,000

Who determines the actual length of incarceration in the indeterminate sentence A. Prosecutor and the defense attorney B. State legislature C. Sentencing guidelines D. Correctional agency and the judge

D. Correctional agency and the judge

Which is not a legitimate consideration in setting the length of prison term A. Whether the offender used a weapon B. Whether the crime was committed for money C. The severity of the offense D. Offenders age

D. Offenders age

Which goal of sentencing attempts to convince the criminal through punishment that the benefits they would gain from returning to the crime in the future would not be worth the punishment they would face for it? A. Incapacitation B. General deterrence C. Specific deterrence D. Retribution

D. Retribution

What was the principle factor that shaped the punishment of criminals in the sixteenth century A. The spread of the black plague and the social hysteria that came with it B. A changing political climate across Europe C. Philosophical debates about the best way to correct offenders D. The changing labor markets that stemmed from urbanization and colonization

D. The changing labor markets that stemmed from urbanization and colonization

Which of the following is *not* an argument for the death penalty? A. Reflects public opinion B. Deterrence C. Proportional to the crime D. Use of discretion

D. Use of discretion

Which of the following is true of peremptory challenges during jury selection?

They can be used to excuse jurors for no particular reason

The average time it takes to carry out an execution in California is 14 years because of _______?

Time between conviction and jury

The defendant's right to an impartial trial and jury under the Fifth and Sixth Amendments often runs into direct conflict with the _____ Amendment's guarantee of the press and public access. a. First b. Second c. Fourth d. Fourteenth

a. First

Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount? a. Surety bail system b. Deposit bail system c. Release on recognizance system d. Privately secured bail system

a. Surety bail system

What is another term for an indictment issued by a grand jury? a. True bill b. No bill c. Nolo contendere d. Nolle prosequi

a. True bill

Surety bail is where the defendant. a. pays a percentage of the bond to a bonding agent who posts full bail b. is released after promising to obey specified conditions in lieu of cash c. is released on own recognizance (ROR) d. pays the full bail amount out of pocket

a. pays a percentage of the bond to a bonding agent who posts full bail

Which of the following is an advantage of diversion programs? a. It allows the offender to postpone prison/jail time until diversion completion b. Rehabilitation services can be accessed while in the community. c. The cost is higher but so is the success rate d. diversion allows the inmate out of their cell for longer lengths of time

b. Rehabilitation services can be accessed while in the community.

Which of the following statements is false regarding bail issues? a. It is expensive because the government must pay to detain those offenders who areunable to make bail but who would otherwise remain in the community. b. There is no racial or ethnic disparity in the bail process. c. It is unfair because a higher proportion of detainees receive longer sentences than people released on bail. d. It is dehumanizing because innocent people who cannot make bail suffer in the nation's deteriorated jail system.

b. There is no racial or ethnic disparity in the bail process.

The Batson doctrine holds that: a. peremptory challenges based on race by the defense are unconstitutional b. prosecutorial peremptory challenges based on race are unconstitutional c. the use of "content" questions is unconstitutional d. peremptory challenges may not be limited to less than five by state statute

b. prosecutorial peremptory challenges based on race are unconstitutional

The _____ Amendment contains the confrontation clause. a. First b. Fourth c. Sixth d. Fourteenth

c. Sixth

While not explicitly stated in the Constitution, the Court has found support for legal self-representation in the _____ Amendment. a. First b. Fifth c. Sixth d. Eighth

c. Sixth

What procedure is often used as an alternative to the grand jury? a. The initial hearing b. The arraignment c. The preliminary hearing d. The criminal trial

c. The preliminary hearing

Which of the following is a common reason for a defendant to waive the preliminary hearing? a. He/she has already decided to plead guilty. b. He/she wants to speed up the criminal justice process. c. He/she hopes to avoid the negative publicity that might result from the hearing. d. All of these

d. All of these

What did the Court establish in Stack v. Boyle? a. That misdemeanors are entitled to an absolute right to bail. b. That only the most heinous and violent crimes are unbailable. c. That all defendants are entitled to an absolute right to bail. d. That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstance.

d. That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstance.

Which of the following is false regarding opening statements? a. The prosecutor offers the first opening statement b. Neither attorney is permitted to make prejudicial remarks c. Opening remarks are more effective in a bench trial than a jury trial d. The purpose of opening remarks is to identify what will be proved by way of evidence in the trial

d. The purpose of opening remarks is to identify what will be proved by way of evidence in the trial

What type of bail system allows the defendant to be released with no immediate requirement of payment but leaves him/her liable for the full bail amount if he/she fails to appear in court? a. Surety bail system b. Deposit bail system c. Release on recognizance system d. Unsecured bond

d. Unsecured bond

True or False: Each state has one court of last resort that reviews issues of law and fact appealed from the trial courts

false

True or False: Technology in the courtroom is a controversial issue because much of the information used infringes on the rights of the accused

false

True or False: The US Court of Appeals is empowered only to hear federal cases on substantive and procedural issues involving rights guaranteed by the US constitution

false

True or False: bail can be used to punish an accused and can be denied or revoked at the indulgence of the court

false

True or False: in a criminal case, a preponderance of the evidence is sometimes enough to convict

false

True or False: most states impose qualifications, such as a high school education, on those called for jury service

false

True or False: the drug court movement began in New York

false

True or False: the state can never order a defendant to take medication when he/she is ruled incompetent to stand trial

false

true or false: The prosecution uses an adversarial procedure to obtain the truth when trying to determine guilt

false