Intro to CJ- Exam 3

21. The federal Speedy Trial Act allows for the dismissal of charges when a trial does NOT begin within ____ working days after indictment. A. 30 B. 70 C. 120 D. 180

B. 70

13) ________ involves suspending criminal proceedings before sentencing and referring the offender to a private agency. A) Diversion B) Presentence investigation C) Deterrence D) Three-strikes

A) Diversion

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

A) Mandatory sentencing

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

A) Nolo contendere

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

A) Nonconsensual

25) 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 allow defendants to enter a plea D) To help ensure defendants will reappear when summoned by the court

A) To give defendants the opportunity to challenge the legal basis for their detention

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

A) appellate

18) 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) bail bond B) unsecured bond C) property bond D) signature bond

A) bail bond

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

A) grand jury

21) Offenders convicted of felonies in state court are most likely to receive which traditional sanction? A) imprisonment B) capital punishment C) a fine D) probation

A) imprisonment

2) Which goal of sentencing focuses on separating offenders from society to reduce opportunities for further criminality? A) incapacitation B) deterrence C) retribution D) rehabilitation

A) incapacitation

24) 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) indictment B) assessment C) arraignment D) enforcement

A) indictment

19) What is the main limitation of the Crime Victims' Rights Act? A) it only provides rights to victims of federal crimes B) it does not require courts to ensure that victims are afforded their rights C) it does not give victims the legal authority necessary to assert their rights in court D) the Act does not have any limitations

A) it only provides rights to victims of federal crimes

8) 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

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

A) provide a range of punishments for a specific crime

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

A) trial courts

8. 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) __________. A. assigned B. opposing C. public D. private

A. assigned

14. A(n) ________ provides information about the defendant's personality, family life, business acumen, and so on, in an effort to show that the defendant is not the kind of person who would commit the crime with which he or she is charged. A. character witness B. secure witness C. eyewitness D. expert witness

A. character witness

24. _____ evidence requires interpretation or requires a judge or jury to reach a conclusion. A. circumstantial B. exculpatory C. real D. direct

A. circumstantial

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

A. determine the guilt or innocence of a defendant

5. ________ evidence is information having a tendency to clear a person of guilt or blame. A. exculpatory B. direct C. virtual D. real

A. exculpatory

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

A. prosecutor

16. _________ are often considered the most forgotten people in the courtroom. A. victims B. defendants C. jurors D. lay witnesses

A. victims

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

B) Courts of general jurisdiction

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

B) Courts of limited jurisdiction

27) Which of the following cases is an example where the U.S. Supreme Court ruled that the use of antipsychotic drugs on a nonviolent offender who does not represent a danger while institutionalized must be in the defendant's best medical interest? A) U.S. v. Hazzard B) Sell v. U.S. C) Marbury v. Madison D) Herrera v. Collins

B) Sell v. U.S.

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

B) When the arrest was made without a warrant

5) 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

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

B) alternative

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

B) fines can be made proportionate to the seriousness of the crime

28) When a defendant "stands mute" at arraignment, he or she is considered to have entered a ________ plea. A) no-contest B) not guilty C) guilty D) negotiated

B) not guilty

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

B) presentence

1) The just deserts model of sentencing emphasizes _____. A) the use of fines B) retribution C) restitution D) restoration

B) retribution

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

B) the inmate's behavior while incarcerated

7) Proportionality means that _____. A) caseloads must be distributed equally among the available judges B) there should be a direct relationship between the severity of the sanction and the seriousness of the crime C) the offender's criminal history should be objectively considered at sentencing D) similar crimes are punished with similar sentencing

B) there should be a direct relationship between the severity of the sanction and the seriousness of the crime

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

B. bailiff

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

B. deciding what plea to enter

19. _______ guilt is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged. A. adversarial B. legal C. factual D. evidential

B. legal

26. 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 defendant an alibi. Joel's action is known as ____. A. probative value B. perjury C. hearsay D. reasonable doubt

B. perjury

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

B. real

7. A defendant who is NOT indigent and who can afford private attorney fees will have which type of defense attorney? A. a public defender B. retained counsel C. assigned counsel D. court-appointed counsel

B. retained counsel

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

B. the adversarial system

15) 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) 48 D) 24

C) 48

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

C) 94

1) 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) Overlapping jurisdiction C) Original jurisdiction D) Limited jurisdiction

C) Original jurisdiction

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

C) The offender acted under strong provocation.

14) What appears to be the most dramatic result of the recent emphasis on the use of mandatory sentencing and other get-tough policies? A) Crime rates have fallen dramatically. B) The average length of prison terms has decreased. C) The use of incarceration as a sentencing option has increased significantly. D) Offender rehabilitation programs have become increasingly successful.

C) The use of incarceration as a sentencing option has increased significantly.

6) All states have a(n) ________. A) court of appeals B) intermediate appellate court C) court of last resort D) specialized court

C) court of last resort

3) General deterrence attempts to _____> A) prevent individual offenders from engaging in future criminal acts B) make the victim whole again C) discourage potential offenders from committing crimes D) separate offenders from the community to reduce opportunities for future criminality

C) discourage potential offenders from committing crimes

7) 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) criminal justice center C) dispute-resolution center D) deferral court

C) dispute-resolution center

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

C) indeterminate

12) 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

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

C) sentencing decisions are rarely affected by them

8) _____ is a sentencing principle that holds that an offender's criminal history should be taken into account in sentencing decisions. A) equity B) proportionality C) social debt D) good time

C) social debt

28. Which of the following is an exception to the hearsay rule? A. an opening statement B. a peremptory challenge C. a dying declaration D. the presentation of direct evidence

C. a dying declaration

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

C. a public defender

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

C. beyond a reasonable doubt

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

C. court reporter

2. 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

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

C. lay

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

C. sequestered

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

C. trying charges separately would allow another trial on a new charge if George is found not guilty at trial

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

D) Determinate sentencing

14) What is the earliest stage of the court process at which defendant may be given formal notice of the charges against them? A) Arraignment B) Preliminary hearing C) Grand jury hearing D) First appearance

D) First appearance

13) Which U.S. Supreme Court case established the Court's authority as the final interpreter of the U.S. Constitution? A) Sell v. U.S B) U.S. v. Hazzard C) U.S v. Montalvo-Murillo D) Marbury v. Madison

D) Marbury v. Madison

20) Bob consigned all of his stock holdings to the court as collateral to ensure he would not abscond before trial. What type of bail did Bob post? A) Unsecured bond B) Signature bond C) Deposit bail D) Property bond

D) Property bond

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

D) To prevent unconvicted suspects from suffering imprisonment unnecessarily

21) Defendants who are given the option of deposit bail ________. A) are required to post the full amount of the bail with the court B) forfeit the entire amount of court-ordered bail if they fair to appear in court C) receive the full amount of the deposit back when they appear in court D) are required to comply with various conditions imposed by the court

D) are required to comply with various conditions imposed by the court

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

D) crime has individual and social dimensions of responsibility

22) A(n) ________ laws limits the right to bail for certain kinds of offenders? A) judicial concern B) security C) detention D) danger

D) danger

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

D) permits release on the basis of a written promise to appear.

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

D) sentencing policies

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

D. a jury that is unable to agree on a verdict

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

D. claim that an individual juror cannot be fair or impartial

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

D. is a written order requiring an individual to appear in court

9. Which type of indigent defense involves the use of full-time salaried state employees? A. private counsel programs B. contract attorney programs C. assigned counsel D. public defender programs

D. public defender programs

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

D. summoning members of the public for jury duty