courts class exam #3

During the __________, the Supreme Court for the first time attempted to exercise strong policy control over the administration of criminal justice.

1960s

Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures

4th amendment

The __________ Amendment says that "no person shall be compelled in any criminal case to be a witness against himself."

5th amendment

Which Amendment to the U.S. Constitution provides for protection against self-incrimination?

5th amendment

The minimum size criminal jury approved by the U.S. Supreme Court is __________.

6 persons

Which Amendment states: "In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation"?

6th amendment

Conditions of confinement lawsuits primarily involve which Amendment to the Constitution?

8th amendment

Which Amendment to the Constitution prohibits cruel and unusual punishments?

8th amendment

In __________, given the defendant's desire to avoid the death penalty and the existence of substantial evidence of guilt, the plea of guilty was valid even though the defendant denied guilt.

Alford vs. North Carolina

The leading advocate for federal grand jury reform is the

American bar association

In __________, the U.S. Supreme Court held that the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment, irrespective of the good faith or bad faith of the prosecution.

Brady vs. Maryland

In __________, a suspect's assertion of Miranda rights must be clear and unambiguous.

Davis vs. United States

Before a suspect in police custody is interrogated, the suspect must be informed of his/her rights under the __________ Amendment's Self-Incrimination Clause.

Fifth

The first part of the __________ Amendment is referred to as the reasonableness clause.

Fourth

Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures?

Fourth Amendment

In which 1972 case did the U.S. Supreme Court strike down all capital punishment laws?

Furman v. Georgia

In which 1976 case did the U.S. Supreme Court uphold guided discretion death penalty laws?

Gregg vs. Georgia

In __________, the privilege against self-incrimination was found to prohibit the prosecutor from commenting on the defendant's failure to testify during trial.

Griffin vs. California

In __________, the suspect's Fifth and Fourteenth Amendment rights were violated because he had not first been advised of his right to remain silent and have an attorney present during a custodial interrogation

Miranda vs. Arizona

Which U.S. Supreme Court case held that police must inform suspects of their rights prior to custodial interrogation

Miranda vs. Arizona

The Miranda warnings do not have to be given before law enforcement obtains __________.

Miranda warnings are not required for any of these

The __________ Court officially began when William Rehnquist was elevated from associate justice to chief justice.

Rehnquist

The __________ Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury."

Sixth

In Santobello v. New York, the U.S. Supreme Court ruled that which amendment's right to effective assistance of counsel applies during plea bargaining?

Sixth amendment

Which Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury"?

Sixth amendment

What case replaced Frye regarding the admissibility of scientific testimony?

Snyder vs. Louisiana

Which of the following cases deals with "stop and frisk"?

Terry vs. Ohio

Of the following, which is one of the official measures of crime in the United States

UCR

Which U.S. Supreme Court era is known for being a benchmark in civil liberties and civil rights?

Warren court

In a high-profile case, what might be necessary to find a pool of potential jurors who could render a fair and impartial verdict, free from the taint of pretrial publicity?

a change in venue

A careful reading of the Eighth Amendment reveals that the Constitution does not specifically provide that all citizens have a right to bail. Rather, if bail is granted, it must not be "excessive," as defined by the Supreme Court in Stack v. Boyle(1951), as an amount higher than reasonably calculated to ensure the defendants presence at trial. A right to bail, however, was recognized in common law and in statutes as early as 1789 for all those accused of committing noncapital crimes. In 1966, Congress enacted the Bail Reform Act, thereby creating a statutory presumption favoring pretrial release of federal arrestees. In most communities, the lower-court judges have adopted which kind of bail schedule?

a fixed bail schedule

Evidence appears to suggest that the exclusionary rule has what effect on the criminal court system?

a marginal effect

What do bail agents provide?

a specialized form of insurance

The return of a grand jury indictment is also referred to as:

a true bill

The American Bar Association has recommended the __________ of commercial bail.

abolition

Plea bargaining is arguably contrary to the concept of a(n):

adversary system of justice

An example of a(n) __________ factor in sentencing may be use of a weapon and personal injury to the victim.

aggravating

__________ circumstances may lead to a higher penalty.

aggravating

The exclusionary rule applies to __________.

all of these are correct

Which of the following is a power of the grand jury?

all of these are powers of the grand jury

The two primary functions of __________ are error correction and policy formation.

appeals

The party who initiates or files the first appeal is called the __________.

appellant

During which phase of the criminal justice process is the felony defendant formally accused of a crime and called upon to enter a plea?

arraignment

A(n) __________ is defined as the physical taking into custody of a suspected law violator

arrest

All members of the courtroom work group have a common interest in:

avoiding unnecessary trials

A trial before a judge without a jury is a(n) __________ trial.

bench

The written legal arguments filed with the appellate court are called __________.

briefs

What is the term indicating that a prosecutor in a criminal case must produce some evidence to justify moving a case forward?

burden of production

A defendant is charged with aggravated assault. The prosecutor will accept a plea to simple assault. This is an example of which kind of bargain?

charge

In __________ bargaining, the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed

charge

When the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed, this is called:

charge bargaining

Guilty pleas are the bread and butter of the American criminal courts. Between 85 and 95 percent of all state and federal felony convictions are obtained by a defendant entering a negotiated plea of guilt (Covey, 2008; Hashimoto, 2008; United States Sentencing Commission, 2015). Plea bargaining can best be defined as the process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some consideration from the state. What are the three most common types of plea bargains?

charge bargaining, count bargaining, and sentence bargaining

If a person is indicted, s/he is:

charged with a crime

What type of evidence is used to infer the existence of some fact in a dispute?

circumstantial evidence

Questions of fact decided by a judge will receive which standard of appellate review?

clear error

Symbolic restitution usually involves some form of __________.

community service

A(n) __________ is the charging document most commonly used for misdemeanor and ordinance violations

complaint

During trial, attorneys must make timely objections to the judge's rulings on points of law, or the objection will be deemed waived. This is called the __________ objection rule.

contemporaneous

During trials, attorneys must make timely objections to judge's rulings on points of law, or the objection will be deemed waived. What is the name of the rule?

contemporaneous objection rule

What is a key issue in the ongoing debate regarding the exclusionary rule?

costs of the rule

In __________ bargaining, in return for the defendant's plea of guilt to one or more charges, the prosecutor dismisses the remaining charges.

count

In which of the following forms of bargaining has the defendant plead guilty to some, but not all, of the counts contained in the charging document?

count

In this type of plea agreement, the defendant pleads guilty to a charge in the indictment in exchange for other charges in the indictment being dropped.

count bargain

In which of the following forms of bargaining has the defendant plead guilty to some, but not all, of the counts contained in the charging document

court

The defense has the opportunity to __________ each of the prosecution's witnesses.

cross-examine

Miranda applies only to __________ interrogations.

custodial

Appeals courts approach appellate decision making in different ways, depending on the types of questions presented for review on appeal. Sometimes appellate courts are very deferential to what happened in lower courts, whereas other times they give no deference at all. How much deference or scrutiny an appellate court will afford to the decisions of a judge, jury, or administrative agency in an appeal is referred to as the standard of review. The least deferential standard of appellate review in criminal cases is __________.

de novo

What is the appellate standard for questions of law?

de novo

During a preliminary hearing, the prosecutor only has to establish that a crime has been committed and that the __________ committed it.

defendant

An Alford plea is one in which the:

defendant pleads guilty but maintains innocence

Which type of evidence serves as an auditory or visual aid to assist the fact-finder in understanding the evidence?

demonstrative evidence

What sentence specifically states the exact number of years to be served in prison?

determinate sentence

According to __________, the purpose of punishment is the prevention of future crimes.

deterrence

The idea that the sentence of one offender should be a warning to others is inherent in which sentencing philosophy?

deterrence

The informal and formal exchange of information between the prosecutor and the defense attorney prior to trial is called __________.

discovery

A court that has a choice as to whether or not to hear the appeal is said to have what kind of appellate jurisdiction?

discretionary

__________ appellate jurisdiction concerns the cases that an appeals court may elect to hear, but is not required to adjudicate.

discretionary

The Fifth Amendment ban on __________ generally prohibits retrial of a person who has already been convicted of the same crime.

double jeopardy

The offender-victim __________ refers to the race of the defendant and the race of the victim.

dyad

Which of the following is a primary purpose of the appellate process

error correction

Unlike trial courts, appellate courts do not hear __________ at trials.

evidence

The __________ rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights.

exclusionary

The U.S. Supreme Court's ruling in Brady v. Maryland prevents the suppression of what type of evidence?

exculpatory

__________ evidence is any evidence that may be favorable to the defendant at trial either by tending to case doubt on the defendant's guilt or tending to mitigate the defendant's culpability, thereby potentially reducing the defendant's sentence.

exculpatory

What branch of government typically carries out sentences?

executive branch

A victim's preference for a trial is among the most important factors that a prosecutor considers when deciding whether to offer a defendant a plea bargain

false

After a notice of appeal is filed, the next step in the process is for the appellate court to hear oral arguments in the case.

false

All persons charged with an offense for which any amount of incarceration is possible have a right to a jury trial.

false

An attorney's use of peremptory challenges cannot be scrutinized by the courts.

false

Appeals courts hear evidence at trials

false

Brady material consists of any exculpatory material that the prosecutor has and must be turned over to the defense prior to trial.

false

Discovery is designed to give only the defense in a legal dispute a good idea about the evidence that will be presented at trial.

false

During a preliminary hearing, the state must provide clear and convincing evidence of the defendant's guilt

false

Grand juries decide the guilt or innocence for defendants charged with felony offenses

false

If a prosecutor refuses to file charges in a case, there may be a review of this decision by the judge on appeal

false

Legislatively altered sentencing structures have had a minimal effect on prison populations across the United States.

false

Most cases in the criminal justice system are celebrated cases.

false

Most citizens who actually serve on a jury express overall dissatisfaction with their jury service.

false

New York has led the nation in downsizing its prison population

false

Plea bargaining did not become well established in the United States until the 1960s

false

Rejection of search warrant applications by magistrates is a common occurrence.

false

The Miranda decision created new rights for defendants and suspects.

false

The bail agent makes a profit by specializing on high-risk offenders

false

The independent source doctrine holds that a court may admit illegally obtained evidence if it would have been discovered anyway through independent, lawful means

false

The losing party in the lower court has an unlimited amount of time to file an appeal.

false

The most common type of postconviction relief is mandamus.

false

The race of the offender and victim is less important in sentencing than the race of the offender alone.

false

The requirement that a jury reach a unanimous decision became a firm rule in England during the 15th century.

false

The rules relating to pretrial discovery are uniform in all jurisdictions.

false

The venire is the master jury list.

false

There is no research supporting the existence of a jury trial penalty.

false

Challenges to jurors that require a justification are called challenges __________

for cause

How many forms of bail are generally available to a defendant?

four

The federal government and many states use sentencing __________ to limit judicial discretion in sentencing

guidelines

Judges can accept which of the following pleas?

guilty, nolo contendere, and Alford

The most common type of postconviction relief is __________.

habeas corpus

Appellate courts often find no reversible error was committed during the trial court proceedings in large part because of the __________.

harmless error doctrine

Calvin is arrested for breaking and entering and assault with a weapon. If convicted, he faces a potential sentence total of five years in prison or ten years on probation. His attorney recommends he take a plea bargain offering him one year in prison. If he goes to trial, which of the following rights does he have?

he has the right to a jury trial

Smith is sleeping when the police knock on his door to question him regarding a kidnapping and rape. The police take him to the station because he doesn't want to talk in front of his wife. He is put in a lineup, but the victim is unable to identify him. In the interrogation room, Smith asked how he did, and the detective replied, "You flunked." After two hours of questioning, he signed a written confession admitting guilt. At his subsequent trial, the only prosecution exhibit was the signed confession. The jury quickly returned guilty verdicts for kidnapping and rape. Why might Smith's conviction be overturned?

he was not given advice about his constitutional rights

Testimony that involves a witness stating that some else told them something is usually not admissible at trial because such testimony is __________.

hearsay

All of the following are permissible warrantless search exceptions EXCEPT __________.

hidden view

__________ is any evidence that would cast doubt on the credibility of a witness.

impeachment

"Only by 'locking him up and throwing away the key' can we assure that he won't be able to rape another woman." That statement best matches which of the following purposes of punishment?

incapacitation

Prevention of crime through the physical restraint of offenders is an idea incorporated in which of the following sentencing philosophies

incapacitation

A(n) __________ prison sentence is one in which the judge imposes a minimum and a maximum term of incarceration.

indeterminate

A prison sentence that ranges from one to five years is a(n) __________.

indeterminate sentence

The Uniform Crime Reporting's Type I offenses are also referred to as

index crimes

The prosecution has the responsibility to overcome the presumption of __________.

innocence

Before jury deliberations, the judge __________ the jury with regard to the applicable law.

instructs

Which of the following is a major weakness of the Uniform Crime Reporting system?

it is based only on crimes reported to the police

Sentencing guidelines direct the __________ to specific actions that should be taken.

judge

When lawyers think an error is being made at trial, they must object to give the trial court __________ the opportunity to correct the error.

judge

What branch of government has the authority to choose among sentencing options?

judicial branch of government

Which jurisdictions use grand juries extensively

jurisdictions where they are required by the constitution

During a bench trial, the defense prefers when the issues are either highly technical or very emotional. This is an example of __________.

law in action

A court that must hear an appeal has what kind of appellate jurisdiction of that appeal?

mandatory

Which type of crime is found on the bottom layer of the criminal justice wedding cake?

misdemeanors

Throughout a case, decisions on bail, indictment, and screening are based on what knowledge?

most defendants end up pleading

Which of the following felonies has the highest trial rate?

murder

The leading advocate for federal grand jury reform is the:

national association of criminal defense attorneys

What plea has the same consequences in criminal court as a guilty plea?

nolo contendere

An appellate court's written decision and explanation is called a(n) __________.

opinion

To gain a potential advantage in plea bargaining, prosecutors sometimes:

overcharge deliberately

Executive branch influence on punishment is exercised through __________.

parole boards and pardons

The jury trial __________ is a theory that defendants who demand a jury trial will receive extra punishment if convicted because they did not agree to enter a guilty plea.

penalty

__________ challenges are the second method used by the prosecution and the defense in influencing who will sit on the jury and are used when neither side has a legal cause that a juror should be disqualified by the Court

peremptory

What is another name for trial juries?

petit juries

__________ can best be defined as the process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.

plea bargaining

Which of the following types of evidence is generally NOT admissible at trial?

polygraph

Judges sometimes consider __________ investigation reports when deciding on a sentence.

presentence

The burden of proof required at a preliminary hearing is:

probable cause

Grand juries generally indict whomever the __________ wants indicted.

prosecutor

Most unexpected events at a trial work to the detriment of which member of the courtroom work group?

prosecutor

Of all the members of the courtroom work group, through the charging decision, the __________ controls the doors to the courthouse

prosecutor

Which criminal justice actors are most likely to file a bill of information?

prosecutor

Which of the following court members dominates the grand jury?

prosecutor

Neither prosecutors nor defense attorneys may use peremptory challenges to eliminate potential jurors on the basis of __________.

race or sex

The standard of proof in a criminal case is proof beyond a __________ ____________.

reasonable doubt

What is the name of automatic discovery for certain types of evidence, without the necessity for motions and court orders?

reciprocal disclosure

Pretrial release without monetary bail is release on __________.

recognizance

What concept dominated thinking about sentencing throughout much of the 20th century?

rehabilitation

In what type of punishment does the offender directly compensate the victim for the harm caused by the criminal offense?

restitution

"An eye for an eye" is an example of a punishment based on __________.

retribution

No consensus exists on how the courts should punish the guilty, perhaps due to the fact that five different philosophical principles guide sentencing in the United States: retribution, incapacitation, deterrence, rehabilitation, and restoration. These sentencing philosophies differ in important ways. Some focus on past behavior, whereas others are future-oriented. Some stress that the punishment should fit the crime, whereas others emphasize that punishment should fit the criminal. These issues influence contemporary thinking about sentencing. Which sentencing philosophy encompasses the idea that offenders deserve punishment? Correct!

retribution

If the lower court made a substantial legal error, the appellate court deems it a(n) __________ error.

reversible

In this situation, the suspect's mental condition is taken into consideration.

risk to self and others

which of the following are index crimes

robbery

A common form of a plea agreement is called __________ bargaining. A plea of guilty is entered in exchange for leniency in sentencing

sentence

The two primary duties of the grand jury have been summarized in the phrase:

shield and sword

The amount of deference afforded by an appellate court is referred to as the __________ of review.

standard

What effect can the exclusionary rule have on the prosecutor when questions of the constitutionality of a search and seizure arise in a case?

such questions put the prosecutor on the defensive

When citizens are selected to be in a jury pool, they will be notified via a(n) __________, a document that commands these selected citizens to appear at the courthouse for jury duty.

summons

A count bargain means the:

the defendant agrees to plead guilty to fewer charges

What happens immediately prior to a jury beginning deliberations?

the judge instructs the jury

Lupe is exercising her right to a jury trial in state court for attempted murder. Which of the following rights does she most like have during the trial?

the right to a unanimous verdict

When agreeing in open court to a plea deal, a defendant agrees to waive the right to remain silent, the right to confront witnesses, and:

the right to confront witnesses

Criminal appeals are generally routine because they seldom raise meritorious issues (Primus, 2007; Wold & Caldeira, 1980). Current standards of effective assistance of counsel often force lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a significant number of criminal appeals lack substantial merit. For example, of the roughly 10,000 written dispositions in criminal appeals filed by defendants in the California Court of Appeals between 2013 and 2014, the court reversed only about 880 (9 percent) convictions (Judicial Council of California, 2015). Why do criminal appeals rarely succeed? First, the appellate standards of review applicable to most decision-making during criminal trials are highly deferential to trial court outcomes (Primus, 2007). Second, appellate courts often find that no reversible error was committed during the trial court proceedings. Given the information provided, which of the following statements is true?

the rules of appeals are designed not to disturb the results of a criminal trial unless a serious, reversible error has occurred

Individuals cannot serve on juries in any state if:

they are not citizens of the United States

Based on research, which of the following is true regarding pretrial motions to suppress evidence?

they are rarely filed

What might happen to a jury if a judge is concerned about publicity in a trial?

they might be sequestered

Most intermediate courts decide most cases in rotating panels of how many judges?

three

A complaint must be supported by oath or affirmation of either the victim or the arresting officer.

true

A guilty plea requires a defendant's waiver of a number of important rights.

true

A jury that is unable to reach a verdict is called a hung jury. Correct!

true

A petit jury is the jury that hears a criminal trial.

true

A sentencing guidelines grid allows for upward and downward departures from the guidelines.

true

Bargaining is possible because each of the legal actors in the courtroom work group understands the realities of law in action.

true

Collateral attacks on criminal convictions are civil proceedings.

true

Defendants convicted of violent offenses and sentenced to lengthy prison terms are less likely to win on appeal than those convicted of less serious offenses.

true

Even though a judge or jury is not likely to return a verdict of not guilty, the defendant may still decide that the slim possibility of acquittal is worth the risk of the trial penalty.

true

Exculpatory evidence is any material evidence that may be favorable to the defendant.

true

For law in action, voir dire is when lawyers use questioning to predispose jurors in their favor.

true

Generally, when prosecutors adopt open discovery policies, pleas of guilty are entered more quickly.

true

Grand juries are used extensively in jurisdictions where the constitution requires a grand jury indictment for all felonies.

true

Grand juries have the power to grant witnesses immunity from prosecution

true

If a police lineup is improperly conducted, the identification of the suspect may be excluded from evidence during trial pursuant to the exclusionary rule.

true

If the defense had to disclose evidence to the prosecution, the privilege against self-incrimination would be rendered meaningless.

true

In Batson v. Kentucky, the Supreme Court restricted the ability of prosecutors who used preemptory challenges to keep African-Americans off the jury in any case involving an African-American defendant.

true

In the courtroom work group, the judge generally knows less about the case than the attorneys.

true

Jail and prison overcrowding is the dominant reality of criminal justice policy.

true

Judges generally follow the sentencing recommendation provided in a probation officer's presentence investigation report.

true

Many judges say that sentencing is the most difficult part of the job.

true

Most felony crimes are for nonviolent offenses

true

Murder, rape, and robbery defendants are less likely to plead guilty than those charged with less serious offenses.

true

No typical state court of last resort exists.

true

One of the major reasons for case attrition is policy priorities.

true

Only a fraction of the number of crimes committed are actually reported to the police.

true

Postconviction reviews collaterally attack convictions in civil court.

true

Release on recognizance is one way to secure pretrial release.

true

Researchers find that many jurors make a preliminary decision with regard to the outcome of a case after hearing opening statements.

true

Researchers find that urban courts make greater use of probation and shorter prison terms than their rural counterparts.

true

Scholars refer to Court eras according to the chief justice.

true

Secondhand evidence is called hearsay.

true

Seriousness of offense and prior record of the defendant are the most important factors in determining normal penalties.

true

Sometimes, the police exercise considerable influence by pressuring prosecutors to overcharge defendants or to file charges even though the evidence is weak.

true

Spending money for more prisons is not a high priority for the general public.

true

The Federal Jury Selection and Service Act of 1968 was designed to ensure that no citizen shall be excluded from service as a grand or petit juror in the district courts of the United States on account of race, color, religion, sex, national origin, or economic status.

true

The First Amendment limits the power of judges to control media coverage of a trial.

true

The U.S. Supreme Court has ruled that juries do not have to consist of 12 members.

true

The current U.S. Supreme Court is highly polarized.

true

The exclusionary rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights.

true

The jurisdiction of the U.S. Supreme Court is almost completely discretionary.

true

The most controversial of the U.S. Supreme Court's criminal justice decisions have concerned how the police gather evidence.

true

The nation's highest court has limited the conditions under which federal courts will recognize violations of a prisoner's rights.

true

The results of the most recent and methodologically sophisticated studies provide evidence that the contemporary sentencing process is not racially neutral.

true

The standard of proof at a preliminary hearing is probable cause

true

The strength of the evidence police provide to prosecutors is one of the most important factors influencing whether prosecutors file criminal charges.

true

The two primary functions of appeals are error correction and policy formation.

true

The voir dire process provides a way for prosecutors and defense attorneys to begin developing rapport with potential jurors.

true

Traditionally, English common law routinely admitted all confessions, even those produced by torture.

true

Pretrial publicity can taint a jury pool. Which process is supposed to screen out potential jurors who have been tainted?

voir dire

A defendant must __________ waive his or her constitutional rights before a plea of guilty is accepted.

voluntarily

A guilty plea involves the __________ of many constitutional rights.

waiver

The case of Boykin v. Alabama requires a judge to determine what?

whether the plea is knowing and voluntary

Which of the following is NOT one of the four types of charging documents?

writ of certiorari

Which of the following provides the best example of hearsay evidence?

"Mary told me she saw..."