LEJA Practice test 3
The Anti-Terrorism and Effective Death Penalty Act of 1996 requires that habeas cases be brought within ________ year(s) after a defendant exhausts his or her regular appeals.
1
In 2018, there were approximately ________ inmates in state prisons across the United States.
1,316,000
Approximately 1 out of every ________ adult American is under some form of correctional supervision.
38
The original federal sentencing guidelines recommended that the possession of 5 grams of crack cocaine brought the same sentence as the possession of ________ of powder cocaine.
500 grams
Women make up approximately ________ of state and federal inmates in the United States.
7%
Some groups have suggested that an inmate's time in solitary confinement should be limited to ________ days.
90
Who has the right to a jury trial?
A defendant in a misdemeanor criminal case who is facing 9 months in jail
You are a member of the Aryan Brotherhood, and prison administrators want to segregate you and your fellow members from the general population of the prison. As a result, they place all known members of the Aryan Brotherhood in a special location in the prison, often called:
gang block
Which of the following inmates are most likely to be housed in a supermax prison?
gang members Inmates deemed a high escape risk Inmates with antisocial personality
When it comes to supporting life sentences without parole or death penalties, U.S. citizens:
favor life sentences without parole
The case of Cooper v. Pate gave inmates the right to:
file civil lawsuits against prison authorities.
Four friends, Bob, Sue, Tom, and John, have been convicted of robbery. Upon sentencing, they discover that they are being sent to four different prisons, each with its own philosophy of corrections. Bob spends much of his sentence in an isolation cell; he is also subject to strict rules and regulations and has no access to rehabilitation programs. Sue finds herself in a prison that is filled with individuals serving very lengthy sentences as well as some low-level offenders, who, she thinks, should never have been incarcerated because their crimes are not serious. Tom, on the other hand, has access to many different treatment programs. Finally, the prison where John is incarcerated is focused on John's success when he returns to the community. He spends his time preparing for release. John is most likely incarcerated in a prison that adheres to the ________ model of corrections.
reintegration
The ________ is a report, published in 1974, indicating that rehabilitative efforts, for the most part, were having little to no effect on recidivism.
Martinson Report
Which of the following individuals is most likely to be 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.
In which case did the Supreme Court rule that all felony defendants, whether tried by the state or by the federal government, have the right to counsel?
Gideon v Wainwright
How does being free on bail help an accused individual?
It allows the individual to work more closely with his or her defense counsel by putting together evidence and witnesses. Allows individual to stay out of jail It allows the individual to put his or her personal affairs in order before facing trial.
As a response to the sexual abuse of male and female inmates, President George W. Bush signed the ________ into law in 2003.
Prison Rape Elimination Act
What has research indicated concerning the cost-effectiveness of private prisons?
Private prisons as just as expensive as government-run prisons to operate.
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.
Which of the following offenses would likely result in an inmate being placed in a supermax prison?
Raping and severely assaulting another inmate while incarcerated
What did a study in Canada find concerning harsh punishments?
Researchers found that adolescents prosecuted in harsh criminal courts were more likely to be rearrested.
Sally called 9-1-1 to report that her husband Mark was just shot by Mary. Who would have to be a witness to testify about the phone call that Sally made to the police?
The 9-1-1 operator
Which of the following is NOT part of a grand jury hearing?
The defendant can call his or her own witnesses to contest the evidence of the prosecution.
Which of the following statements is true about the death penalty for juveniles and individuals with an intellectual disability?
The execution of both juveniles and individuals with an intellectual disability is unconstitutional.
Which organization pushed for a moratorium on the death penalty worldwide?
United Nations
A criminal case typically begins with a(n):
arrest
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
The standard of proof in a criminal case is:
beyond a reasonable doubt
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
Larry's fingerprints were found on the murder weapon that was used in the murder of his wife, Jennifer. This is ________ evidence.
circumstantial evidence
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.
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, but he does not have 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 first stop in the risk classification process of an inmate is a:
classification facility
Evidence that might exculpate the defendant is evidence that could:
clear the defendant of blame
Jack and Jill are both convicted of driving under the influence. Jack is sentenced to 9 months in jail while Jill is sentenced to 6 months on probation. Jill's sentence is an example of ________ corrections.
community
As a result of the holding in Furman v. Georgia, over 600 inmates on death row were:
commuted to life in prison
If a defendant is given ________ for 3, 5, and 10 years, the defendant will spend a total of 10 years in prison.
concurrent sentences
Industry experts expect that private prisons and faith-based prisons will:
continue to grow in number
The Eighth Amendment protects citizens from:
cruel and unusual punishment
Beginning in the 1950s, most of the mental health hospitals in the United States were closed, and mentally ill individuals were returned to the community. The process of closing mental hospitals and returning the mentally ill to the community is called:
deinstitutionalization
Robert Morris is a convicted murderer housed in a state prison. Since his conviction 10 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). 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. At WNYP, the focus was likely on:
deterrence
Eyewitness testimony and videotape documentation are examples of ________ evidence.
direct
You are working for an agency that presents a program to high school students about the dangers of illicit drugs. Your presentation includes information about the possible punishments that could be imposed if the students are caught in possession of or distributing these drugs, in an effort to prevent them from becoming involved with drugs. The type of deterrence this program is focusing on is:
general
________ focuses on convincing other members of society that they should not commit crimes either.
general deterrence
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 most common educational requirement for correctional officers is a:
high school diploma
Women's prisons often differ from men's prisons in that:
homosexual activity is usually consensual.
Early forms of confinement in England and other European countries were very different from contemporary prisons and jails. One of the first forms of confinement was to send vagrants, debtors, and sometimes serious criminals to an institution in which they were housed and forced to work. Another form of confinement was exporting criminals to other lands, such as the British colonies of America and Australia. With the coming of the American Revolution, the British could no longer export convicts to America. Instead, they used abandoned ships, docked in British harbors, to house prisoners. The ships that were used to house offenders were called:
hulks
One of the early forms of punishment in England was to hold convicts in abandoned ships, which are called:
hulks
People who feel that we should "lock criminals up and throw away the key" are promoting the goal of:
incapacitation
Robert Morris is a convicted murderer housed in a state prison. Since his conviction 10 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). 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. At ENYP, the focus was likely on:
incapacitation
A Florida study found that inmates housed in private prisons had ________ inmates housed in state-run prisons.
lower recidivism rates than
There are ________ people with HIV/AIDS in prisons and jails as/than in the general population of the United States.
more
All of the following are possible pleas entered EXCEPT:
no action
One of the main criticisms of the Pennsylvania system was that inmates:
often developed mental disorders
The Auburn system differed from the Pennsylvania system in that inmates were:
permitted to congregate during the day to work together in silence.
A(n) ________ is a defendant's formal denial or admission of guilt.
plea
Ninety-five percent of criminal cases are settled by:
plea-bargains
The Latin phrase habeas corpus translates to:
you have the body
Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused a plea bargain and insisted that the case go to trial, where he was convicted by the 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) 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. 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 the:
presumptive sentencing model.
Leo Lincoln has made a series of bad decisions since he lost his job 2 years ago. In the past 2 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 2 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 based on the California state law, which calls for the doubling of the sentences of felons who have two prior convictions for serious crimes. Collectively, laws created to sentence repeat offenders like Leo to lengthy prison terms are referred to as:
preventative detention laws
Who has the burden of proving every element of every crime?
prosecutor
Four friends, Bob, Sue, Tom, and John, have been convicted of robbery. Upon sentencing, they discover that they are being sent to four different prisons, each with its own philosophy of corrections. Bob spends much of his sentence in an isolation cell; he is also subject to strict rules and regulations and has no access to rehabilitation programs. Sue finds herself in a prison that is filled with individuals serving very lengthy sentences as well as some low-level offenders, who, she thinks, should never have been incarcerated because their crimes are not serious. Tom, on the other hand, has access to many different treatment programs. Finally, the prison where John is incarcerated is focused on John's success when he returns to the community. He spends his time preparing for release. Bob is most likely incarcerated in a prison that adheres to the ________ model of corrections.
punishment
Jack and his cellmate, Vlad, get into an argument one day. Jack assaults Vlad and is put into solitary confinement. Because he was the aggressor and assaulted Vlad, it is likely that Jack is placed into:
punitive segregation.
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 a plea bargain and insisted that the case go to trial, where he was convicted by the 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) 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. This document is called:
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
Across the United States, most inmate executions have taken place in the:
south
Many states require judges to sentence certain offenders (often drug offenders or those who use a firearm in the commission of their crime) to a specific minimum sentence, referred to as a(n):
statutory minimum sentence
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.
substansive
________ due process means that the government cannot unfairly, or without just cause, deprive people of certain liberties.
substantive
The Supreme Court ruled that the prohibition against cruel and unusual punishment is not applicable to overcrowding because:
the standard implies intent on the part of the perpetrator.
Leo Lincoln has made a series of bad decisions since he lost his job 2 years ago. In the past 2 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 2 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 based on the California state law, which calls for the doubling of the sentences of felons who have two prior convictions for serious crimes. Laws that incarcerate habitual offenders like Leo for lengthy periods of time are based on the premise that:
these offenders cannot conform to the laws of society and they should be incarcerated for a long period of time.
Critics of the criminal justice system believe that its procedures are often:
time consuming complicated expensive
The term "corrections" reflected a widely held belief that the corrections systems would:
transform offenders into law-abiding citizens.
The term "corrections" can be traced back to the turn of the ________ century in America.
twentieth
Suppose you have been convicted of driving under the influence of alcohol and you are ordered by the sentencing judge to attend an event where the family members of victims killed as a result of driving under the influence speak about the effects of the crime. You are attending a:
victim impact panel
In addition to the presentence investigation report, a judge will also often consider a(n) ________ when sentencing an offender.
victim impact statement
If you were a woman being held while awaiting trial in the early colonial period of the United States, you would most likely be housed:
with other women, men, and children.
