Criminal Justice Final Review Test 3

corpus delicti

1. facts proving that a crime has been committed 2. body of the victim in a murder case

based on the decision in McNabb v. US (1943), ___ _____ following an arrest became the standard maximum time by which a defendant must first appear before a magistrate

48 hours

the US Supreme Court consists of ____ judges

9

approximately ______ of all federal sentences are the result of guilty pleas and the large majority of these pleas stem form plea negotiations

90%

some surveys have found that approximately ____ of all criminal cases prepared for trial are eventually resolved through a negotiated plea

90%

Speedy Trial Act

A 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time, such as 70 working days after indictment

truth in sentencing

A close correspondence between the sentence imposed on an offender and the time actually served in prison.

defense counsel

A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law.

juror

A member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law.

Rehabilitation

A program for reforming the offender to prevent later offenses

mandatory sentencing

A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes.

subpoena

A written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence.

closing argument

An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial. (at the end of a court case)

exculpatory evidence

Any items that contain any information that has a tendency to clear a person of guilt or blame

rules of evidence

Court rules that govern the admissibility of evidence at criminal hearings and trials.

release on recognizance

Defendant is allowed to leave custody on his/her written promise to appear in court as required

direct evidence

Evidence that establishes the existence of a fact that is in question without relying on inference.

circumstantial evidence

Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

expert witnesses

Individuals who have been recognized by the court as having specialized skills/knowledge in an established profession

trial de novo

Literally, "new trial." The term is applied to cases that are retried on appeal, as opposed to those that are simply reviewed on the record.

exhibits

Objects or displays that may be shown to members of the jury once they are formally accepted as evidence by the judge

writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

participants in a criminal trail can be divided into two categories, processionals and outsiders, name three of each

Professionals: judge, defense attorney, prosecuting attorney outsiders: victim, defendant, jury

prosecutorial discretion

The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutorial discretion lies in the power to charge, or not to charge, a person with an offense.

courts of last resort

The highest courts in each American court system, typically called supreme courts, that hear selected appeals from the lower courts.

Jury Selection

The process whereby, according to law and precedent, members of a particular trial jury are chosen.

Incapacitation

The use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses

adversarial process

This pits the interests of the state (prosecutor) against the skills of a defense attorney

what is a "hung jury?"

a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority.

plea bargaining

a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

nolo contendere

a plea by which a defendant in a criminal prosecution accepts conviction as though a guilty plea had been entered but does not admit guilt.

appeal

a process where a convicted defendant requests that a court with appellate jurisdiction review the decision by a lower court

retribution

a repayment; a deserved punishment

briefly explain the three strikes law

a set sentence from 25 years to life for a three time offender who has reached three or more crimes -3 violent crimes -convicted felon who committed a small crime

victim impact statement

a written document by the victim describing the loses, suffering and trauma experienced by the crime victim (or their family) that is provided to the court before sentencing

The primary function of an appellate court is to

allow the defendant to have their case reviewed and have the actions of the lower courts as well

Hearsay

anything that is not based on the personal knowledge of a witness

evidence

anything useful to a judge or jury in deciding the facts of a case

the ______ is the first appearance of the defendant before the court that has the authority to conduct a trial

arraignment

a defense counsel prefers to represent a defendant as soon as possible after a/an ______ to ensure that his/her civil rights are not violated during processing by the criminal justice system

arrest

_____ involves the posting of a bond as a pledge that the accused will return for further proceedings

bail

_____ _____ ______ rests with the prosecution to prove that the defendant did what is being alleged

burden of proof

if a defense attorney is able to convince the court that significant pretrial publicity has had a negative impact on the defendant's rights to secure a fair and impartial trial, the court may grant a ____ ___ _____

change of venue

when a sentence for multiple crimes is given out by a judge and he advises the defendant that they will be served at the same time, this is called ______ sentences

concurrent

when a sentence for multiple crimes is given out by a judge and he advises the defendant that they will be served one after the other, this is called ________ sentences

consecutive

privileged communication

conversations are protected under attorney - client confidentiality and lawyers cannot be compelled to reveal information that their clients have confided to them

Most states make use of a ____ ____ _____, who assists with case-flow management, budgeting, and court document administration

court administrative assistant

Gideon v. Wainwright (1963) extended the right to appointed counsel to all indigent defendants charged with a _____ in state courts

crime

the ____ _____ is the most extreme sentencing option available for a judge or jury

death penalty

what is the difference between determinate and indeterminate sentencing?

determinate: there is a set sentence and it is based on statutory, no judicial discretion indeterminate: there is a varied sentence (10-15 years) which allows the judge to choose themselves

what do the two scales that Lady Liberty is holding stand for

due process and crime control

judge

elected or appointed official who presides over a court of law who hears, decides and conducts trials

In theory, each party involved in a courtroom dispute must have an ______ chance to present its case to a judge or jury.

equal

aggravating circumstances

factors that increase the severity of a crime

"Just deserts" model of sentencing is when a judge allows the bailiff to bring in 31 flavors ice cream for the courtroom workgroup

false

Decisions rendered by the U.S. Supreme Court are usually unanimous for these decisions to become law

false

a defense attorney who is convicted that his client is guilty is relieved of his/her responsibility to offer the best possible defense for their client

false

because defendants are presumed guilty until they prove their innocence, the burden of demonstrating their innocence does not rest with their defense attorney

false

because of workload, a defense attorney is usually assigned to a defendant prior to a jury trial

false

because the right of a defendant to cross examine witnesses, child victims are required to sit in a courtroom and be cross examined by a defense attorney

false

defense attorneys may never violate the attorney client confidentiality privilege, even if they can prevent death or serious injury to another person

false

even though a defendant may be unruly, intoxicated, or uncooperative, he/she is still entitled to appear before a judge and present evidence during their initial appearance

false

even though court case loads continue to rise every year, prior planning has allowed for sufficient judges to be in place to handle the additional cases

false

if a judicial candidate comes highly recommended by a political party, the law degree requirement may be waived

false

the United States has one major judicial system that all the states and federal government are supposed to be patterned after

false

when one state law conflicts with the other, the federal courts do not usually get involved and that state courts are expected to settle the disputes by themselves

false

one of the oldest forms of punishment in our criminal justice system is ____

fines

if, while in prison, and inmate exhibits "good behavior" and is not involved in any negative behavioral incidents, he/she will get what is called _____ ______ credit which can lead to having to spend less time in jail

good time

_____ _____ are hearings held in secret and the defendant is generally not afforded the opportunity to appear

grand jury

some studies have generally found the longer the time spent out on bail before trial, the ______ the likelihood of misconduct

greater

when a jury is unable to agree on a unanimous verdict, it is said to be a ____ _____

hung jury

witnesses who perjure themselves are subject to ______

impeachment

judicial review

in this process, the court decides what laws and lower court decisions are in keeping with the intent of the US Constitution

this sentencing practice is a model of criminal punishment that encourages rehabilitation through the use of general and unspecific sentences (one to ten years)

indeterminate sentencing

due process of law refers to the procedures followed by courts to ensure that a defendant's ______ rights are not violated

individual

presentence investigation

information about a defendant's background often comes to the judge in this document

the authority of a court to hear and decide cases is called the court's

jurisdiction

writ of habeas corpus

legal documents that directs the person retaining a prisoner to bring him/her before a judicial officer to determine if they are being illegally held or imprisoned

once confirmed, US Supreme Court Judges are in their positions for

life

two state court systems are most common: limited jurisdiction and general jurisdiction. what kinds of cases do both courts hear?

limited: misdemeanors, special cases, small claims general: almost any case within its geographical jurisdiction

______ _______ are those items which indicate that a lesser sentence is called for and they may be considered to reduce the blameworthiness fo the defendant

mitigating circumstances

lay witness

nonexpert who may testify only to the facts, and who generally cannot express opinions on the stand

prosecution and defense attorneys use challenges to ensure the impartiality of the jury being impaneled. the most common challenge used is called a ____ _____

peremptory challenge

intentionally making a false statement as part of the testimony by a sworn witness in a judicial proceeding is called ______

perjury

real evidence

physical evidence - such as a weapon, records, fingerprints, and stolen property - involved in the crime

a ____ _____ is held to determine whether there is probable cause to hold the defendant for trial

preliminary hearing

voir dire

prosecutor and defense attorney question potential jurors during this process to evaluate individuals who they think might sway a jury in an undesirable direction

there are three major categories of defense attorneys that assist criminal defendants in the US. name the third private attorneys court appointed defense counsel _______

public defenders

district court judges who serve for life and are appointed by the President, must also be confirmed by the

senate

a jury that is isolated from the public during the course of a trial and throughout the deliberation process is said to be _______

sequestered

a written document called a ______ officially notifies witnesses that they are to appear in court to testify

subpoena

a state public defender program is paid for by _____

taxpayers

_____ is oral evidence offered by a sworn witness on the witness stand during a criminal trial

testimony

competent to stand trial

the defendant's ability to comprehend the charges against him or her and to assist counsel in his or her defense

plea

the defendant's formal answer in court regarding the charges and whether they are guilty, not guilty, or nolo contendere

Sentencing

the imposition of a criminal sanction by a judicial authority

Bail

the most common release decision making mechanism in American courts

change of venue

the moving of a trial to a different location

diversion

the official suspension of criminal proceedings against an offender and the referral of that person to a treatment or care program

extradited - extradition

the process by which a state/country surrenders wrongdoers to the jurisdiction in which they committed a crime

competence

the witness testifying has personal knowledge of the information that they will be asked to discuss and they understand their duty to tell the truth

prosecutor

these individuals are responsible for presenting the state's case against the defendant

danger law

these items exclude certain defendants from being eligible for bail

Restoration

this is a sentencing goal that seeks to address the damage that a victim of a crime may suffer by "healing and making them whole again."

a defendant who pleads "nolo contendere" in a criminal court is the same as a guilty plea and may be sentenced as if they had plead guilty

true

as members of the legal profession, prosecutors and defense attorneys are expected to abide by various standards of professional responsibility

true

if they choose to, defendants need not accept any assigned counsel and may waive their right to an attorney and undertake their own defense

true

if victims take the stand in court, defense attorneys may test their memory, challenge their honesty, or even suggest that they were somehow responsible for their own victimization

true

it has been said that the prosecutor position has more control over life, liberty and reputation than any other person in America

true

peremptory challenges used in the jury trial process are limited in number and the final responsibility for deciding whether a potential juror should be excluded rests with the judge

true

the "hearsay rule" prohibits the use of "second had evidence."

true

the defense attorney provides a counter weight against the state in our adversary system

true

the philosophy behind our adversarial system is that the greatest number os just resolutions in criminal trials will occur when both sides are allowed to argue their cases effectively before a fair and impartial jury

true

the primary concern of early American courts was to protect individual rights from the power of the state and the government

true

the primary purpose of a "prelim" is to give the defendant the opportunity to challenge the legal basis for his/her detention

true

the trial judge had the responsibility for safeguarding both the rights of the accused and the interests of the public in the administration of criminal justice

true

there are exceptions to the hearsay rule when the person with the direct knowledge is dead or is otherwise unable to testify

true

there have been several landmark cases that have held that the prosecution is required to disclose to the defense all evidence that they possess that relates to guilt or innocence of the defendant before trial begins

true

there is a Supreme Court case (Apprendi v. New Jersey - 2000) that states that any fact that increases the penalty for a crime "is an element of that crime" and it therefore must be submitted to a jury for review and proved beyond a reasonable doubt

true

while conducting a presentence investigation (PSI), and because of the confidentiality restrictions investigators must first check with the defendant and receive, in writing, the defendant's permission to access any records

true

deterrence

uses the example of threat of punishment to convince people that criminal activity is not worthwhile

do you feel that a lawyer has the duty to defend a client he/she knows to be guilty? why?

yes, every defendant has the rights to be represented by an attorneys and it is their job to fight for their liberation until proven guilty