LEJA; Exam 3

Approximately 1 out of every __________ adult American is under some form of correctional supervision.

35

The original federal sentencing guidelines recommended that the possession of 5 grams of crack cocaine brought the same sentence as possession of ________ grams of powder cocaine.

500

Who has the right to a jury trial?

A defendant in a misdemeanor criminal case who is facing nine months in jail

In which of the following situations would an individual have Sixth Amendment protections?

A murderer who has formal charges filed against him by the state prosecutor and is released on bail

Which of the following is the standard of proof required to win a civil lawsuit?

A preponderance of the evidence

Surveys of prison inmates show that offenders who had been under the influence of ________ when they committed their crimes were more likely to be incarcerated for violent offenses.

Alcohol

When does a defendant NOT have the right to an attorney?

At her habeas corpus proceedings

According to the U.S. Supreme Court, how many jurors are required to serve on a jury for a state felony criminal trial?

At least 6

A new prison being built in Michigan includes back-to-back cells, used for sleeping only, and focuses on a system where inmates work together in silence during the day to turn a profit for the prison. Corporal punishment is used on inmates who violate prison rules. This prison is modeled after the:

Auburn system.

One of the most commonly used penal colonies during the late 1700s was:

Australia.

John Jones is on trial for murder. The prosecutors have decided to charge him with a(n) ________ crime, which means if convicted he would be eligible for the death penalty.

Capital

Which of the following individuals is most likely to be a part of a jury in a death penalty case?

Conservative white males

How is there a disparity in granting bail?

Defendants who are poor will have to stay in jail prior to their trial.

Which of the following statements is FALSE about the process of preparing for a criminal case?

Defense attorneys usually have the advantage because they have a bigger budget than prosecutors.

What is NOT a goal of sentencing

Due process

How are members of a grand jury usually selected?

From voter lists

If you were sentenced to row ships during the 1400s and 1500s in England, you were sentenced to:

Galley slavery

________ focuses on convincing other members of society that they should not commit crimes either.

General deterrence

Steven Smith was a convicted murderer, who was sentenced to death, and was awaiting his execution at Texas. He was an African American, and his victim was a White. His first simply argued that he is being detained illegally and he wished for the court to either release him or review his case to determine the legality of his confinement. This appeal was successful. As a result of his successful appeal challenging the legality of his confinement, what likely happened to Steven?

He received a new trial

Which of the following statements is FALSE about the right to a speedy trial?

If the right to a speedy trial is violated all defendants will go free, except for murder suspects because their crime are serious crimes.

Suppose you are incarcerated in a state prison. You are curious about the inmate subculture and inmate code that you keep hearing about and ask some other inmates about it. You also ask them to explain why they think an inmate subculture forms. One inmate, Frank, explains to you that all the things that inmates are deprived of when they are incarcerated, such as freedom, personal liberty, heterosexual relationships, and security, force inmates to create their own subculture. However, another inmate, Carl, disagrees with Frank. He argues that this subculture does not develop in prison; rather, he argues that inmates already hold the values of the prison code on the outside and bring them to prison with them. The process of developing the inmate subculture that Carl is referring to is the:

Importation Model

In 2011, there were approximately ________ inmates in state prisons across the United States.

1,404,000

A grand jury is composed of ________ members.

12 to 23

All of the following are examples of hearsay evidence EXCEPT:

"I saw the defendant, Johnny, kill his wife."

Which of the following statements best describes inmates' First Amendment rights with respect to freedom of religion?

In general, inmates may practice their religion while in prison as long as their religious practices do not compromise the security and safety of the prison.

_____ is confinement against one's will in the criminal justice system (in a jail or prison) or a mental health facility (a secure psychiatric institution).

Incarceration

Which group of inmates is considered to be at the bottom of the hierarchy of prison society?

Inmates convicted of sex offenses

Which of the following inmates are most likely to be housed in a supermax prison?

Inmates with antisocial personality Inmates deemed a high escape risk Gang members

If you have committed a serious crime and have not been granted bail, you will most likely be held in a ________ while awaiting trial.

Jail

If you were accused of committing a crime and have not been released on bail prior to your trial, you are most likely being held in a:

Jail

What is an example of a police "showup"?

John was sitting in the back of a police car, and the police were showing John to a witness.

The ________ is a report, published in 1974, indicating that rehabilitative efforts, for the most part, were having little to no effect on recidivism. Multiple

Martinson Report

Many states impose restrictions on convicted felons after they are released from prison. Which of the following is one of these restrictions?

On the right to carry a gun On the right to vote On the right to run for public office

If you have been convicted of a serious violent crime and have been sentenced to eight years of incarceration, you are most likely residing in a:

Prison

Jack and Jill have both been convicted of possession of illegal drugs and have been sentenced. Jack is sentenced to nine months of incarceration, while Jill has been sentenced to 18 months of incarceration. Jill will most likely serve her sentence in a

Prison

Jack is incarcerated in the Southwest State Prison. He has been there for the past 12 years and has over 30 years left on his sentence. While incarcerated, his communication with his family has been restricted; most notably, any letters that he has attempted to send that criticize the conditions of the prison have been censored. If Jack were to argue that his First Amendment rights are being violated, he would cite the U.S. Supreme Court decision in:

Procunier v. Martinez.

________ is a perspective that focuses on the offender's responsibility to repair the hurt, damage, and injustice that the crime victim has experienced by making restitution and doing community service.

Restorative justice

Which organization pushed for a moratorium on the death penalty worldwide?

The United Nations (UN)

Which of the following pieces of information is often included in a presentence investigation (PSI)?

The offender's employment history The offender's mental health status A victim impact statement

Which of the following does NOT occur during a suspect's booking?

The suspect is interrogated.

Which of the following statements is FALSE about preliminary hearings?

They increase the number of unnecessary trials and thus the courts' caseload.

________ women make up the largest percentage of female inmates in the United States.

White

Steven Smith is a convicted murderer, sentenced to death, and awaiting his execution on death row in Texas. He is an African American, and his victim was a White. His first appeal simply argues that he is being detained illegally and he wishes for the court to either release him or review his case to determine the legality of his confinement. He feels that he has been convicted and sentenced to death unfairly because he had inadequate legal counsel. This appeal is subsequently denied, and he begins work on another appeal. His second appeal is based on the Supreme Court decision in McCleskey v. Kemp, but is unsuccessful in getting his conviction overturned. When his appeal is denied, he begins to work on another appeal, this time arguing that the method by which he is to be executed, lethal injection, is unconstitutional. Ultimately, this appeal is also denied. Finally, Steven exhausts all of his appeals and is scheduled to be executed. Which legal document did Steven likely file in his first appeal?

Writ of habeas corpus

Jack and his cellmate, Vlad, get into an argument one day. Jack assaults Vlad and is put into solitary confinement. Because he has been targeted, Vlad is also removed from general population. It is likely that Vlad is placed into:

administrative segregation.

An especially heinous murder would be an example of a(n)

aggravating factor.

If you were accused of a crime and were awaiting trial in the early United States, you would most likely be held in:

an ordinary house that served as a jail-house.

A(n) ________ is a hearing before a judge or magistrate during which the complaint is formally read.

arraignment

The process of determining which inmates go to which institutions and what the specific conditions of their confinement will be is referred to as:

classification

Jack is incarcerated in the Southwest State Prison. He has been there for the past 12 years and has over 30 years left on his sentence. While incarcerated, his communication with his family has been restricted; most notably, any letters that he has attempted to send that criticize the conditions of the prison have been censored. Further, he has not been allowed to practice his religion because it is not a commonly practiced religion in the United States. Because Jack has been incarcerated for so long, it is likely that he will face great difficulty in integrating back into society. The difficulty of inmates in reintegrating is referred to as:

institutionalization

Steve, Brandon, and Dylan are three friends who have been convicted of burglary. After their sentencing, they are all sent to a prison where they take many tests to determine their programming needs. After they complete these tests, they are each sent to a different prison. Steve does not have a prior prison record and is considered a nonviolent offender, so he is sent to a prison where he resides in a dormitory-style housing unit and has a great deal of freedom of movement. Brandon, like Steve, does not have a prior prison record and is sent to a prison where he must share his cell with another inmate, and he does not have very many opportunities for educational or vocational programs. Dylan is considered a high security risk given his prior record and his behavior while he was on bail awaiting trial. He is sent to a prison where he is subjected to a count at least four times a day and spends very little time outside of his cell. The testing process that Steve, Brandon, and Dylan go through after being sentenced is referred to as:

classification.

The process of determining which inmates go to which institutions and what the specific conditions of their confinement will be is referred to as:

classification.

The style of confinement under the Auburn system was called

congregate system.

Bob has been incarcerated in California for the past five years. During his sentence, he could have monthly visits with his wife where they were given a private trailer on the prison grounds. Bob has been granted a ________ visit with his wife.

conjugal

The most traditional form of early punishment was:

corporal punishment.

The term ________ denotes society's efforts to punish and treat individuals who break the law, and thereby to protect the public.

corrections

Once prosecutors file a complaint, the individual arrested becomes a:

defendant.

Suppose you are incarcerated in a state prison. You are curious about the inmate subculture and inmate code that you keep hearing about and ask some other inmates about it. You also ask them to explain why they think an inmate subculture forms. One inmate, Frank, explains to you that all the things that inmates are deprived of when they are incarcerated, such as freedom, personal liberty, heterosexual relationships, and security, force inmates to create their own subculture. However, another inmate, Carl, disagrees with Frank. He argues that this subculture does not develop in prison; rather, he argues that inmates already hold the values of the prison code on the outside and bring them to prison with them. The process of developing the inmate subculture that Frank is referring to is the:

deprivation model.

The Attica Prison riot can be attributed to:

desire for reform by prisoners.

Since the 1980s, ________ sentences have become much more common than they were in the past.

determinate

Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused plea bargain and insisted that the case go to trial, where he was convicted by a jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record, among other relevant information) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of36 months in prison with an additional 24 months to be spent on parole upon his release. The type of sentence that Frank received (three years) is referred to as a(n):

determinate sentence.

Eyewitness testimony and videotape documentation are examples of ________ evidence.

direct

Most inmates are serving sentences for ________ crimes.

drug

Instead of execution, death row inmates are more likely to ________.

face all of these

The U.S. Supreme Court case of Wolff v. McDonnell held that inmates had due process rights when they were facing placement in solitary confinement and when they were:

facing loss of good time credits.

If you are housed in an institution that focuses on rehabilitation and religious services, you are most likely housed in a:

faith-based prison

All defendants in ________ are entitled to a grand jury under the Fifth Amendment.

federal felony cases

Death row inmates are least likely to be:

females

The case of Cooper v. Pate gave inmates the right to:

file civil lawsuits against prison authorities.

If you are incarcerated and feel that you are being confined illegally, you would file a ________ so that the courts would review the constitutionality of your confinement.

habeas corpus petition

The number of inmates housed in private prisons has ________ in the past two decades.

increased

Convicts who were transported from Britain to American colonies to be sold to private individuals to act as servants for a period of time were:

indentured servants.

Upon entering prison, most inmates go through a process where they learn and adopt the values and norms of the prison. Some of these values and norms include not portraying themselves as weak or needy, not associating with corrections officers, and not snitching on others. The norms and values of prisons that inmates learn is referred to as the:

inmate code.

Jack and Jill are both convicted of driving under the influence. Jack is sentenced to nine months in jail, while Jill is sentenced to six months on probation. Jack's sentence is an example of ________ corrections.

institutional

Jack is incarcerated in the Southwest State Prison. He has been there for the past 12 years and has over 30 years left on his sentence. While incarcerated, his communication with his family has been restricted; most notably, any letters that he has attempted to send that criticize the conditions of the prison have been censored. Further, he has not been allowed to practice his religion because it is not a commonly practiced religion in the United States. Because Jack has been incarcerated for so long, it is likely that he will face great difficulty in integrating back into society. The difficulty of inmates in reintegrating is referred to as:

institutionalization.

The criminal justice process:

is long and complicated.

If you have committed a serious crime and have not been granted bail, you will most likely be held in a ________ while awaiting trial.

jail

Steve, Brandon, and Dylan are three friends who have been convicted of burglary. After their sentencing, they are all sent to a prison where they take many tests to determine their programming needs. After they complete these tests, they are each sent to a different prison. Steve does not have a prior prison record and is considered a nonviolent offender, so he is sent to a prison where he resides in a dormitory-style housing unit and has a great deal of freedom of movement. Brandon, like Steve, does not have a prior prison record and is sent to a prison where he must share his cell with another inmate, and he does not have very many opportunities for educational or vocational programs. Dylan is considered a high security risk given his prior record and his behavior while he was on bail awaiting trial. He is sent to a prison where he is subjected to a count at least four times a day and spends very little time outside of his cell. Dylan has been sentenced to a ________-security prison.

maximum

If Joe is incarcerated in a prison where criminals are viewed as ill, and he receives treatment to cure his "illness," the prison is centered around the:

medical model

John Smith has been convicted of a nonviolent drug crime and has been sentenced to 18 to 24 months in prison. He does not have a prior record and is considered a low security risk. John will most likely be held in a ________ prison.

minimum-security

Private prisons have gained popularity in the United States because of:

overcrowded prisons.

The Auburn system differed from the Pennsylvania system in that inmates were:

permitted to congregate during the day to work together in silence.

The belief that harsh punishments reduce crime is based on the assumption that:

potential criminals are concerned about the future. potential criminals do not act impulsively potential criminals weigh the benefits and costs of committing a crime before they make a decision.

Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused plea bargain and insisted that the case go to trial, where he was convicted by a jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record, among other relevant information) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of36 months in prison with an additional 24 months to be spent on parole upon his release. The above-mentioned document included a possible range of sentences that the judge could choose from. For this crime, the potential sentence range was between 36 and 48 months in prison. This type of model, which requires a judge to choose a sentence from within sentencing guidelines, is referred to as:

presumptive sentencing model.

A sentence that includes drug and alcohol treatment and mental health treatment in an effort to aid an offender in changing his or her life is focused on the goal of:

rehabilitation.

After the Supreme Court case of Gregg v. Georgia, most states:

resumed executing offenders.

Robert Morris is a convicted murderer housed in a state prison. Since his conviction ten years ago, he has been transferred three different times. Each time he gets transferred, he must learn both the formal and informal rules of the new prison. One of his observations is that each prison seems to focus on a different goal of punishment. His first prison, New York State Prison (NYSP), provided Robert with the opportunity to finish his GED and take college courses as well as participate in many different programs, including anger management classes and substance abuse programs. The second prison, East New York Penitentiary (ENYP), did not provide Robert the opportunity to participate in any of the programs offered at NYSP. In this prison, Robert did little more than sit in his cell. He felt that he was simply being warehoused in the prison with no opportunities for change. Eventually, Robert was moved across the state to West New York Penitentiary (WNYP), where once again, the focus of the prison changed. The corrections officers and administration at WNYP seemed to be focused on making the inmates' time in prison as difficult as it could be. The conditions were harsh and often unsanitary, and the corrections officers often verbally abused the inmates. WNYP employees found pride in trying to prevent the inmates' return to prison by making the conditions unbearable. Finally, Robert is now at Central New York Penitentiary (CNYP), where he is currently housed. At CNYP, there is a significant focus on the victims of crime, and inmates must participate in victim awareness classes. The employees at CNYP often focus on making it clear to the inmates that they are in prison because they deserve to be there, based on the harm that they caused to the victim and the victim's family. Robert's last prison, CNYP, was likely focused on the ________ goal of sentencing.

retribution

________ is the degree of danger associated with the inmates being housed in a prison.

security levels

Steve is a convicted sex offender who has been in prison for 15 years. His sentence is completed, but authorities are worried that he might commit future sex offenses. Because of this fear, Steve is released from prison and held in an institution indefinitely. Steve has been:

sent into a civil commitment program.

Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused plea bargain and insisted that the case go to trial, where he was convicted by a jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record, among other relevant information) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of 36 months in prison with an additional 24 months to be spent on parole upon his release. To determine the appropriate and possible sentence for this crime, the judge consulted a document that included the possible sentences for a particular crime based on the seriousness of the current offense, prior record of the offender, and aggravating and mitigating circumstances, called the:

sentencing guidelines.

Tom overhears another inmate talking about his girlfriend and referring to her as a "mule." If this inmate's girlfriend is a mule, she most likely:

smuggles drugs into the prison.

Penitentiaries embraced the principle of

solitude. solitary segregation. penitence or sorrow.

Police detectives believe that Anna is a drug dealer. They do not have evidence to prove this, but nonetheless they search her home. This is a violation of ________ due process.

substantive

The agency that deports criminal aliens from the United States is

the U.S. Bureau of Immigration and Customs Enforcement.

Suppose Joe is incarcerated in a prison where there is a focus on treatment. The prison views the inmates as "sick" and tries to "cure" their criminal behavior. Joe is most likely incarcerated in a(n):

therapeutic prison

Leo Lincoln has made a series of bad decisions since losing his job two years ago. In the past two years, he has been arrested three times for various crimes, including drug possession, possession of illegal firearms, and most recently, aggravated assault. He also has spent much of the past two years either in jail or on probation. At his sentencing hearing after his recent conviction for aggravated assault, the judge sentenced Leo to life in prison as a result of laws in the state of California which call for the doubling of the sentences of felons who have two prior convictions for serious crimes. The California laws that allow judges to double the sentences of felons, like Leo, who have two prior convictions for serious crimes are called:

three-strikes law

A ________ is a municipal or regional facility that houses pretrial individuals believed to present a risk of danger or flight, those awaiting probation or parole revocation, and those sentenced to less than one year incarceration.

total institution

Foreign-born offenders are often infected with:

tuberculosis (TB).

In 2014, juries sentenced ________ offenders to death.

under 100