Chapters 7-9 Test Questions

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

48

How many U.S. Supreme Court justices are there?

9

There are _____ federal judicial districts

94

The traditional sanction most-commonly imposed upon convicted felons is ___________

???

A formal written accusation submitted to a court by a prosecutor, alleging that a person has committed a crime is what?

????

What is a hung jury?

A jury that is unable to agree on a verdict

Which of the following is a member of the courtroom workgroup?

A public defender

The ________ keeps order in the courtroom and announces the judge's entry to the courtroom

Bailiff

Which of the following is a characteristic of restorative justice?

Crime has individual and social dimensions of responsibility.

In which case did the Supreme Court approve a two-step procedure that separates the determination of guilt from the determination of sentence?

Gregg v. Georgia?

______ guilt is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged

Legal

Which type of plea is most similar to guilty plea

Nolo contendere

____________ appeals to federal appellate courts involve major questions of law and policy where there is considerable professional disagreement among the courts

Nonconsensual

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

Original jurisdiction

the defendant who is NOT indigent and who can afford private attorney fees will have which type of defense attorney?

Retained counsel

What is a judicial review?

The power of a court to review actions and decisions made by other agencies of government

The primary purpose of a criminal trial is to

To determine the guilt or innocence of a defendant

George has been accused of multiple crimes. Why would the prosecutor want to try George separately on each charge?

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

When is a probable cause hearing necessary?

When the arrest was made without a warrant

A trial de novo occurs when ______

a case is retried on appeal

Trials operate within a framework known as the ______ process

adversarial

community service and home detention are examples of ________ sentencing

alternative

Courts that have authority to review a decision made by a lower court are said to have ___________ jurisdiction

appellate

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 an ________ counsel

assigned

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid through the court if he or she does not appear is known as an

bail bond

the standard proof required for conviction in a criminal trial is

beyond a reasonable doubt

The most important form of prosecutorial discretion lies in the power to __________

charge, or not to charge, a person with an offense

_______ evidence requires interpretation or requires a judge or jury to reach a conclusion based on what the evidence indicates

circumstantial

During jury selection, challenges for cause

claim that an individual juror cannot be fair or impartial

During jury selection, challenges for cause _______

claim that an individual juror cannot be fair or impartial

_____ courts are low-level courts that focus on quality-of-life crimes that erode a neighborhoods morale

community

The role of the _______ is to create a record of all that occurs during a trial

court reporter

Which of the following provides the first appellate level for courts of limited jurisdiction?

courts of general jurisdiction

TV shows like The People's Court and Judge Judy are examples of which type of court

courts of limited jurisdiction

the defendant exercises choice in the court process in which of the following decisions?

deciding what plea to enter

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

dispute-resolution center

___________ evidence is information having a tendency to clear a person of guilt or blame

exculpatory

which of the following is an advantage of the imposition of fines such as a criminal sanction?

fines can be made proportionate to the seriousness of the crime

_________ time is deducted from the amount of time an offender must serve in prison on a given sentence because the offender participated in a special project or program

gain

An indictment is filed by the

grand jury

The judge __________

holds ultimate authority in ruling on matters of law

Which goal of sentencing focuses on separating offenders from society to reduce opportunities for further criminality?

incapacitation

__________ is a sentencing goal that focuses on preventing the offender from committing crimes by reducing his or her opportunities for crime.

incapacitation

A sentence of 8 to 15 years in prison is an example of _________ sentencinf

indeterminate

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

indictment

a subpoena _____

is a written order requiring an individual to appear in court

The US Supreme Court has ruled that _________ must decide the facts that lead to a death sentence

juries, not judges

A court's __________ is the territory, subject matter, or people over which that court may exercise authority

jurisdiction

which of the following arguments regarding the death penalty is a retention rationale

just deserts

an eye witness who saw a crime being committed is an example of an ____ witness

lay

in a typical state court structure, the lowest court is an court of _____ jurisdiction

limited

Three-strikes laws are an example of _________ sentencing

mandatory

________ is a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime

mandatory sentencing

Which is NOT a category that an appeal generally falls into?

misdemeanor

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 the defendant an alibi. Joel's action is known as _________

perjury

Release on recognizance ____

permits release on the basis of a written promise to appear

The Missouri Plan is a

plan for restructuring state court systems to increase efficiency and reduce case backlog

If a judge requests information on a convicted defendants background, the probation or parole office will conduct a _______ investigation

presentence

A drug court is an example of an ________

problem-solving court

If the prosecutor calls a witness to the stand, who conducts the redirect examination?

prosecutor

Federal sentencing guidelines ___________

provide a range of punishments for a specific crime.

Which type of indigent defense involves the use of full-time salaried state employees?

public defender programs

Weapons, tire tracks, and fingerprints are what type of evidence?

real

The sentencing goal of __________ involves punishment based in the need for revenge

retribution

the just deserts model of sentencing emphasizes _______

retribution

the power of judicial review allows the U.S. Supreme Court to _____

review lower court decisions and state federal statutes

Research into victim-impact statements has found that ________

sentencing decisions are rarely affected by them

Research into victim-impact statements have found that _________

sentencing decisions are rarely affected by then

The biggest drivers of rising incarceration rates in the United States are ________

sentencing policies

A ________ jury is isolated from the public and removed from all outside influences

sequestered

What types of cases do courts of limited jurisdiction usually handle?

small claims, traffic, parking, civil infractions

_______ is a sentencing principle that holds that an offenders criminal history should be taken into account in sentencing decisions

social debt

the clerk of court is responsible for

summoning members of the public for jury duty

American criminal trial courts operate under a structure known as

the adversarial system

american criminal trial courts operate under a structure known as ______

the adversarial system

The Innocence Protection Act of 2004 provides federal funds to help eliminate _______

the backlog of un analyzed DNA samples in crime labs

Under the indeterminate sentencing model, what is the primary determinant of the amount of time served?

the inmate's behavior while incarcerated

which of the following is a mitigating circumstance?

the offender acted under strong provocation

What is the primary purpose of the preliminary hearing?

to give defendants the opportunity to challenge the legal basis for their detention

U.S. district courts are the ______ for the federal court system

trial courts

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

trial de novo

________ are often considered the most forgotten people in the courtroom

victims