Chapter 13 test bank

In Texas, felony juries are composed of ________ people and misdemeanor juries are composed of ________. Question options: 9; 6 12; 5 12; 6 6; 3

12,6

If you are convicted of a crime and sentenced to serve time at a state jail, then your sentence can be no longer than Question options: 180 days. 2 years. 5 years. 10 years.

2

The Texas prison population peaked in which year? Question options: 1973 1994 2000 2016

2000

Currently, _________ states have the death penalty, while ________ (including Washington, DC) do not use the death penalty as a form of punishment within the criminal justice system. Question options: 16; 35 24;27 31; 20 40; 11

31; 20

If you were wrongfully convicted and exonerated, then the Timothy Cole Act requires that the state pays you __________________ per year you wrongfully spent in prison. Question options: $25,000 $50,000 $80,000 $100,000

80k

If someone is granted probation, or community supervision, by a judge, what are the consequences of either compliance or violating the probation requirements? Question options: A person in compliance will likely have his or her record expunged, while a criminal in violation will likely be given a harsher sentence as additional punishment for the violations. A person in compliance will likely receive an early release of up to one-third of the term, while a criminal in violation may be sent to jail or prison for the remainder of his or her sentence. A person in compliance will likely receive monetary compensation for his or her time, while a criminal in violation may be sent to jail or prison for the remainder of his or her sentence. A person in compliance will likely receive an early release of up to two-thirds of the term, while a criminal in violation may be sent to jail or prison for the remainder of his or her sentence, with an additional amount of time added to his or her initial sentencing.

A person in compliance will likely receive an early release of up to one-third of the term, while a criminal in violation may be sent to jail or prison for the remainder of his or her sentence.

In Texas, the legal standard of proof "beyond a reasonable doubt" is used in which type(s) of cases? Question options: felony misdemeanor civil both felony and misdemeanor cases

both felony and misdemeanor cases

The most serious felony is ________, for which the penalty can be death or life imprisonment without parole. Question options: aggravated assault capital murder aggravated kidnapping aggravated sexual assault

capital murder

When county commissioners need legal advice, they ask the district attorneys in that county for help. Question options:TrueFalse

false

If a person cannot provide bail on his or her own or cannot pay a bondsman, then the accused can possibly be released Question options: on 10 percent of bail amount. on personal recognizance. on collateral. by a cosigner.

on personal recognizance.

A ________ is a method commonly used by prosecutors to maintain high conviction rates. Question options: bench trial jury trial plea bargain between the defendant and the state no true bill verdict from a grand jury

plea bargain between the defendant and the state

In a felony case, before a defendant goes to trial, who grants a verdict that there is sufficient evidence to begin prosecution and that a threshold of probable cause has been met? Question options: the grand jury the district attorney the county attorney a petit jury

the grand jury

Arson science is evolving and we now know that what were once believed to be indicators of arson may also appear in an accidental fire. Question options:TrueFalse

true

If you are convicted of a misdemeanor, then you retain your right to vote. Question options:TrueFalse

true

In cases where the prosecution believes it will be difficult to get a conviction, it might agree to a plea bargain allowing community supervision for a long period. Question options:TrueFalse

true

In the Texas criminal justice system, crimes are classified as felonies or misdemeanors. Question options:TrueFalse

true

Police departments are now required to report officer-involved shootings to the state. Question options:TrueFalse

true

Scientific advances in DNA technology have helped exonerate many people who were wrongfully convicted. Question options:TrueFalse

true

Texas leads the nation in the number of state-sanctioned executions. Question options:TrueFalse

true

The Michael Morton Act established a uniform policy for district attorneys to make material that can help defendants' cases available to defense attorneys. Question options:TrueFalse

true

The Texas Department of Criminal Justice is responsible for both state prisons and state jails. Question options:TrueFalse

true

The Texas Department of Criminal Justice operates a program called Substance Abuse Felony Punishment Facilities (SAFPF) to assist those within the criminal justice system who need treatment for substance abuse problems. Question options:TrueFalse

true

The governor of Texas is unable to grant clemency to death-row inmates without the recommendation of the Texas Board of Pardons and Paroles. Question options:TrueFalse

true

The major criticism of the grand jury is that it usually hears only what the prosecutor chooses to let it hear. Question options:TrueFalse

true

Constitutional carry Question options: would limit what Texas could do with respect to handguns to only what the federal government directly authorized. would limit legal gun ownership to sworn peace officers. would not require gun training classes or any licensing process before someone could legally carry a weapon in public. would amend the Texas Constitution to clarify what kind of restrictions the legislature can put on where people can carry their firearms.

would not require gun training classes or any licensing process before someone could legally carry a weapon in public.

Texas has more verified instances of ______________ than any other state. Question options: cases of jury nullification justified pardons Commutations wrongful convictions

wrongful convictions

If you are convicted of a misdemeanor, Question options: you can be sentenced up to five years in jail, and do lose your right to vote and possess a weapon as long as you are serving your sentence. you can be sentenced up to 90 days in jail, but do not lose you right to vote or to possess a weapon. you can be sentenced up to a year in jail, but do not lose your right to vote or to possess a weapon. you can be sentenced up to two years in jail, and do lose your right to vote and possess a weapon as long as you are serving your sentence.

you can be sentenced up to a year in jail, but do not lose your right to vote or to possess a weapon.

In the 1972 case of Ruiz v. Estelle, the U.S. federal court determined that Question options: inmates' constitutionally guaranteed rights had been violated in Texas prisons. inmates' treatment was ethical and appropriate based on the sentences. the inmates' case, based on crowding, security, supervision, and health care, had no basis and was thrown out of court. inmates' treatment was to match the crimes they had committed, taking on a policy of "eye for an eye."

inmates' constitutionally guaranteed rights had been violated in Texas prisons.

In the state of Texas, which group is most overrepresented, relative to the Texas population, on death row? Question options: Caucasian men African American men Hispanic men Asian American men

African American men

What is the difference between an assigned counsel and a public defender? Question options: An assigned counsel represents people who cannot afford an attorney who are charged with misdemeanors while a public defender represents people who cannot afford an attorney who are charged with felonies. An assigned counsel is a private attorney who is appointed by a judge to represent people who cannot afford an attorney and a public defender is paid a salary by the government to represent indigent defendants. A public defender is only used in cases that involve an adult defendant while an assigned counsel is used if the defendant is a juvenile. An assigned counsel works cases that are being prosecuted by a county attorney while a public defender works cases that are being prosecuted by a district attorney.

An assigned counsel is a private attorney who is appointed by a judge to represent people who cannot afford an attorney and a public defender is paid a salary by the government to represent indigent defendants.

How does being convicted of a felony in Texas impact your ability to vote? Question options: Felons are allowed to vote upon full discharge of their sentences. Felons are allowed to vote upon full discharge of their sentences and completed community service. Felons are allowed to vote only if their convictions involved crimes lesser than third-degree felonies. Felons are barred from voting for life.

Felons are allowed to vote upon full discharge of their sentences.

Individuals who cannot afford an attorney have a constitutional right to have one appointed to them. Which Supreme Court case was instrumental in guaranteeing this right? Question options: Ruiz v. Estelle Gideon v. Wainwright Miranda v. Arizona Betts v. Brady

Gideon v. Wainwright

The Sandra Bland Act requires which of the following? Question options: Officers must obtain written consent to search a vehicle. Jail deaths must be investigated by an independent agency. Individuals may not be jailed at any point if the maximum punishment for the suspected offense is a fine. Mandatory investigation of all officer-involved shootings by a specialized organization.

Jail deaths must be investigated by an independent agency.

Which statement about the Texas prison population is accurate? Question options: The Texas prison population has grown significantly in the last five years. Texas has among the lowest per-capita rates of imprisonment. The number of people incarcerated in Texas state prisons is higher than any other state. About two-thirds of all prisoners in Texas are incarcerated because of drug offenses.

The number of people incarcerated in Texas state prisons is higher than any other state.

Why would a defendant decide to accept a plea bargain? Question options: Charges adjudicated through plea bargains do not count against the "three strikes" provision. Plea bargains are negotiated directly by the defendant's attorney and the presiding judge, without the involvement of the district attorney or county attorney. The plea bargain could include the prosecutors reducing the number and severity of the charges, as well as a reduction in the severity of the sentence that could be imposed. Defendants who accept plea bargains use fewer resources of the judicial system and therefore are more likely to be granted parole earlier.

The plea bargain could include the prosecutors reducing the number and severity of the charges, as well as a reduction in the severity of the sentence that could be imposed.

The licensing of police officers in Texas is regulated by the Texas Commission on Law Enforcement. How are the nine members of this commission selected? Question options: They are appointed by the governor and confirmed by the Senate. They are elected in state-wide, staggered elections. They are appointed by the governor and confirmed by the House. They are appointed by the mayors of the nine largest cities.

They are appointed by the governor and confirmed by the Senate.

Today, the Texas Department of Criminal Justice operates the prison system. Who runs this agency? Question options: a nine-member board that is appointed by the sheriffs of the largest counties (by population) a nine-member board that is elected in state-wide at-large elections a nine-member board that is appointed by the governor a nine-member board that is appointed by members of the Texas Supreme Court and the Texas Court of Criminal Appeals

a nine-member board that is appointed by the governor

Suppose you are arrested and taken to jail. After this happens you must appear before a judge and be told what charges you are being accused of and reminded of your right to an attorney and right to remain silent. What is this process called? Question options: arraignment pre-trial hearing grand jury indictment plea bargain

arraignment

Money that is provided by the defendant to make sure that he or she shows up for any required court appearances is called Question options: a court fee. bail. bounty. defendant compensation.

bail

The average time spent on death row prior to execution is 252 days. Question options:TrueFalse

false

When a town is too small to have its own police department, it must form a cooperation agreement with a neighboring town to provide policing services. Question options:TrueFalse

false

Felony cases in Texas are often prosecuted by Question options: county judges. district attorneys. the office of the attorney general. county attorneys.

district attorneys.

Grand juries decide the guilt or innocence of the accused. Question options:TrueFalse

false

If you are convicted of a capital crime, once you have served at least half of your prison sentence you are eligible for parole. Question options:TrueFalse

false

In Texas, only police officers and sheriffs are licensed by the Texas Commission on Law Enforcement. Question options:TrueFalse

false

In the Dallas Police Department, the photographic spreads used to help witnesses identify suspects can only be handled by officers who already know the identity of the suspect. Question options:TrueFalse

false

It is more expensive to place a person on probation than in prison. Question options:TrueFalse

false

Plea bargains are not often used in Texas criminal trials. Question options:TrueFalse

false

It is often quite difficult for people to readjust to life after the average Texas prison because Question options: family members may have moved, died, or cut off communications, thereby removing a support network. there is not an economic incentive for employers to hire felons. once convicted of a felony in Texas, you never fully regain all of your rights, including your right to vote. the state requires that you repay the cost of your incarceration, so you are in debt to the state the minute you leave the prison.

family members may have moved, died, or cut off communications, thereby removing a support network.

A serious criminal offense that subjects a person to state prison punishment is a(n) Question options: felony. indictment. petty crime. misdemeanor.

felony

If sentenced by a judge to probation, then you would most likely have to do which of the following? Question options: report to the local jail during the weekends, report to your probation officer on a regular basis, abstain from drug and alcohol use, and pay any fines or restitution have a steady job and have no contact with the police during the period of your probation plead guilty to lesser violations of the law than you were originally charged with so that you can be released early have a steady job, report to your probation officer on a regular basis, abstain from drug and alcohol use, and pay any fines or restitution

have a steady job, report to your probation officer on a regular basis, abstain from drug and alcohol use, and pay any fines or restitution

If you are elected to serve as the county attorney, then your office is in charge of Question options: representing the state in felony criminal cases. negotiating all plea bargains within the county. representing the state in misdemeanor criminal cases. providing legal advice to mayors and city council members within the county.

representing the state in misdemeanor criminal cases.

As a result of criminal justice reforms in Texas, if prosecutors want to use testimony from jailhouse informants, they must also Question options: independently verify all informant testimony with at least two other witnesses. share with the defense attorneys the criminal history of the jailhouse informant and anything offered to the informant in return for his or her testimony. use aliases in all documents to protect the privacy of the informant. produce polygraph test results indicating that the informant is telling the truth.

share with the defense attorneys the criminal history of the jailhouse informant and anything offered to the informant in return for his or her testimony.

According to the Texas Forensic Science Commission, which of the following is junk science and should not be used as evidence in a criminal trial? Question options: testimony that connects a partial fingerprint to a specific defendant testimony that connects a voice recording to a specific defendant testimony that connects an IP address to a specific defendant's physical address testimony that connects a bite mark to a specific defendant's teeth

testimony that connects a bite mark to a specific defendant's teeth

A person convicted of a third felony can be sentenced to life imprisonment based on Question options: repeat felony offending. the "three strikes" provision. the writ of mandamus. unpaid bail.

the "three strikes" provision.

Who among the following makes the decision to grant parole? Question options: a judge a district attorney the Texas Board of Pardons and Paroles the Texas Board of Prison Release

the Texas Board of Pardons and Paroles

One of the most controversial issues facing police in Texas and across the United States involves Question options: unlawful searches and seizures. entrapment. the use of force. the use of plea bargains.

the use of force

How are people currently selected to serve on grand juries in Texas? Question options: through the "pick-a-pal" system through a random selection process through the "key man" system through a county election

through a random selection process

After you are arrested, you will be arraigned before a judge where the charges against you will be explained. Question options:TrueFalse

true