CRIM 120 Final
__________ 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
Structured sentencing schemes target sentencing decisions by __________.
judges
Adherents of the due process model were concerned about a __________. lack of harshness in sentencing failure to release offenders from prison soon enough lack of fairness in sentencing failure to keep offenders in prison long enough
lack of fairness in sentencing
If the defendant wants to enter an Alford plea, the judge: may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea. may accept it only if the defendant is not able to understand the meaning of factual guilt. may accept the plea only if the defense attorney agrees. cannot lawfully accept it.
may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea.
In which of the following crime labs have significant error in laboratory testing been documented? members of larger juries more accurately recall evidence federal, state, and local crime labs local crime labs federal crime labs
members of larger juries more accurately recall evidence
Which of the following cases deals with "stop and frisk"? Terry v. Ohio Miranda v. Arizona Wolf v. Colorado Mapp v. Ohio
Terry v. Ohio
The First Amendment limits the power of judges to control media coverage of a trial. True False
True
The most controversial of the U.S. Supreme Court's criminal justice decisions have concerned how the police gather evidence. True False
True
When a jury imposes a sentence of death, the case must be appealed regardless of the defendant's wishes. True False
True
Plea bargaining is arguably contrary to the concept of a(n): defendant's free will. adversary system of justice. impartial judge. presumption of guilt.
adversary system of justice.
When a not guilty verdict is returned, the prosecutor cannot __________ the acquittal.
appeal
The __________ goal of criminal punishment presumes that the threat of punishment will prevent the general population from engaging in the proscribed conduct.
general deterrence
The federal government and many states use sentencing __________ to limit judicial discretion in sentencing.
guidelines
All of the following are warrantless search EXCEPT __________. plain view search with consent hidden view search incident to lawful arrest
hidden view
Prevention of crime through the physical restraint of offenders is an idea incorporated in which of the following sentencing philosophies? incapacitation rehabilitation deterrence retribution
incapacitation
Police may conduct __________ searches when incident to a lawful arrest.
incident to arrest or warrantless
Beginning in the early 1960s, the United States experienced a dramatic __________ in crime.
increase
Advocates of the crime control model believe the death penalty is __________. inappropriate moral immoral ineffective
ineffective
In __________, it was decided that prisoners can sue correctional officials in federal court under 42 U.S.C. 1983. Procunier v. Martinez Cooper v. Pate Robinson v. United States Ex Parte Hull
Cooper v. Pate
In __________, the U. S. Supreme Court struck down sentencing guidelines in the State of Washington, holding that the Sixth Amendment gives juries the power to make a finding of fact beyond a reasonable doubt. 1982 1968 2004 1998
2004
What percentage of defendants who are sentenced to death in the United States are later shown to be innocent? 6.2 percent 2.5 percent 4.1 percent 1.2 percent
4.1 percent
Of the exonerations in 2016, __________ percent occurred in cases where defendants had pled guilty even though they were innocent. 45 28 78 18
45
The minimum size criminal jury approved by the U.S. Supreme Court is __________. 10 persons 6 persons 12 persons 8 persons
6 persons
According to the FBI's Uniform Crime Reporting system, property crimes outnumber violent offenses by a ratio of: 20 to 1. 10 to 1. 4 to 1. 8 to 1.
8 to 1.
CASE 13.2 Before the first word of testimony, trials pass through the critical stage of jury selection. Juries are chosen in a process that combines random selection with deliberate choice. Jury selection occurs in three stages: compiling a master list, summoning the venire, and conducting voir dire. Whether these processes actually produce fair and impartial juries has been the subject of much concern. Basing the master jury list on voter registration tends to exclude which of the following? the poor the young racial minorities All of these answers are correct.
All of these answers are correct.
__________ appellate jurisdiction concerns the cases that an appeals court may elect to hear, but is not required to adjudicate.
Discretionary
__________ requires exclusion of evidence indirectly obtained as a result of a constitutional violation.
Exclusionary rule or Derivative evidence
A nolo contendere plea has all the same criminal and civil consequences as a guilty plea. True False
False
Differences in how state courts of last resort respond to death penalty appeals are random. True False
False
Grand juries decide the guilt or innocence for defendants charged with felony offenses. True False
False
If a search warrant is issued, the police must execute the warrant immediately. False True
False
New York has led the nation in downsizing its prison population. False True
False
The requirement that a jury reach a unanimous decision became a firm rule in England during the 15th century. False True
False
The same eight justices sat on the Supreme Court for 11 years, until 2005. True False
False
The second layer of the criminal justice wedding cake consists of fewer felonies. False True
False
In __________, the privilege against self-incrimination was found to prohibit the prosecutor from commenting on the defendant's failure to testify during trial. Duncan v. Louisiana Sheppard v. Maxwell Williams v. Florida Griffin v. California
Griffin v. California
Imagine that you are a judge faced with receiving an oral argument on a recent appeals case. You have the opportunity to eliminate oral arguments, as some judges have deemed them to not be very helpful. You are undecided in this case. You have a heavy caseload and don't particularly have time to hear the oral argument, but wonder if it's still in your duty to hear it. What would help you decide whether to hear the argument or not? Does it matter what type of case it is, or is it more a matter of personal preference? Explain.
I think that a judge should only skip hearing an oral argument if there is a really good reason. It should not matter what type of case it is or personal preference.
Imagine you are the chief of police and just had a police officer working under you report information he found in a suspect's car. The man is a suspect in his wife's murder, but has not been brought in yet due to lack of evidence. The police officer decided to break into the suspect's vehicle without a warrant and explained that he did not think he would have time to run it past you, but that he thought it would be okay because it was in plain view. The suspect is asserting that the evidence the officer found was in a glove box, so it was not in plain view. How do you react, and what do you decide? Explain.
I would be very disappointed in my officer. Because he broke into that vehicle without a search warrant, thereby making all evidence he found fruit of the poisonous tree. I would tell my officer to find a way to convict the guy without breaking the law.
You are a police officer who is off duty at the time that you are speaking with your neighbor. He called you over to discuss his recent car break in. He is unsure what to do; he wants to report the crime, but he doesn't think he should bother. He asks, "What's the point? I'm not going to get my stuff back." As an officer and friend of the victim, but also understanding of where your neighbor is coming from, what advice would you give, and why?
I would tell him that I understand where his is coming from but reporting the crime is always the best thing to do. I give two reasons; 1. If his vehicle or any property that is registered to him (I'm not totally sure if the vehicle was stolen or just some stuff out of it) is used to commit another crime, there is prof that it was taken. 2. To make the most accurate crime rate estimates, crime needs to be reported. To much crime goes unreported.
Advocates of abolishing plea bargaining ignore what reality of criminal courts? In most cases, the participants do not substantially disagree over the facts. In most cases, the judges are difficult to work with. In most cases, the prosecutors are difficult to work with. In most cases, the defendants do not want a trial.
In most cases, the participants do not substantially disagree over the facts.
Describe the differences in jury selection for law on the books vs. law in action.
Law on the books, a group of average citizens selected by law and sworn in to look at certain facts and determine the truth. Law in action, introduces public standards of justice into the decision-making process.
Describe the differences in trials for law on the books vs. law in action.
Law on the books, the adversarial process of deciding a case through the presentation of evidence and arguments about the evidence. Law in action, only a handful of felonies and even fewer misdemeanors are decided by trial.
Which of the following U.S. Supreme Court cases extended the exclusionary rule to the states? Burns v. Reed Mapp v. Ohio Marbury v. Madison Terry v. Ohio
Mapp v. Ohio
What are normal crimes? What are the two most important factors in determining normal penalties?
Normal crimes refer to the group norms about the typical manner in which crimes are committed and the typical characteristics of defendants who commit those crimes. The two most important factors in determining normal penalties are the seriousness of the offense and the prior record of the defendant.
Define, compare, and contrast plain error, reversible error, and harmless error.
Plain errors are severe defects in trial proceedings that require reversal of a conviction and remand for a new trial in order to avoid a miscarriage of justice. All other errors are subject to the harmless error rule. If the mistakes are minor such that they probably did not affect the outcome of the case, they are deemed "harmless" and therefore do not provide grounds for the reversal of a conviction on appeal. In contrast, if the errors likely contributed to a defendant being convicted, then they are deemed prejudicial and therefore require that a conviction be reversed.
In __________ v. New York, the U.S. Supreme Court ruled that prosecutors must keep their side of the plea bargain.
Santobello
__________ is concerned with how severe the punishment is.
Severity of punishment
CASE 13.1 Throughout most of our nation's history, the three broad constitutional provisions dealing with trial by jury had little applicability in state courts. The U.S. Constitution applied only to trials in federal courts. These practices changed dramatically, however, when the Supreme Court decided Duncan v. Louisiana (1968), ruling that the jury provisions of the Sixth Amendment were incorporated by the Due Process Clause of the Fourteenth Amendment to apply to state courts, as well. Subsequent decisions grappled with the problem of defining the precise meaning of the right to trial by jury. The most important issues concerned the scope of the right to a jury trial, the size of the jury, and unanimous versus nonunanimous verdicts. Stefanie is caught shoplifting at her local pharmacy. Which of the following is most likely true? Her jury trial must have nine members. She does not have a right to a jury trial. She will have to testify if her case goes to trial. She has a right to a jury trial.
She does not have a right to a jury trial.
What case replaced Frye regarding the admissibility of scientific testimony? Kumho Tire v. Carmichael Daubert v. Merrill-Dow Pharmaceuticals J.E.B. Petitioner v. Alabama Snyder v. Louisiana
Snyder v. Louisiana
__________ removed all claimed of Fourth Amendment search and seizure violations from the scope of federal habeas review.
Stone v. Powell
Describe the requirements for the application for search warrants, the issuance of search warrants, and the execution of search warrants.
The application for search warrants must provide sufficient information to a neutral judicial officer to determine that there is a fair probability that contraband or evidence of a crime will be found in a particular place. Only judicial officers who have been specifically authorized to do so may issue search warrants. Search warrants must be executed in a timely manner to prevent the information that established probable cause from going stale. The scope of law enforcement activities during the execution of the warrant must be strictly limited to achieving the objectives that are set forth with particularity in the warrant.
CASE 15.2 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 to disturb the results of a criminal trial. The rules of appeals are designed not to disturb the results of a criminal trial unless a serious, reversible error has occurred. The rules of appeals are designed not to disturb the results of a criminal trial unless no error has occurred. The rules of appeals are designed not to disturb the results of a criminal trial unless any error has occurred.
The rules of appeals are designed not to disturb the results of a criminal trial unless a serious, reversible error has occurred.
Describe the wedding cake model of the criminal justice system. Be sure to provide examples of the types of offenses that may be found in each layer.
The top layer of the criminal justice wedding cake consists of a few celebrated cases. The second layer of the wedding cake consists of serious felonies, such as murder. The third layer of the wedding cake consists of lesser felonies, such as what starts out as an armed robbery might later be viewed as essentially a private disagreement over money owed. The bottom layer of the wedding cake consists of misdemeanors, such as possession charges.
What are two methods used to estimate the amount of crime in the United States? In what way do they differ?
The two sources of crime statistics are the Uniform Crime Reports(UCR) and the National Incident-Based Reporting System(NIBRS). The UCR is data collected by the FBI from local police departments throughout the USA. The NIBRS is an improved version of the UCR.
Describe the difference between Type I and Type II UCR offenses.
There are 8 serious Type I offenses, or index crimes; murder and nonnegligent manslaughter, forcible rape, robbery, aggravated assault, burglary, larceny/theft, motor vehicle theft, and arson. Type II offenses are less serious but there is a lot of them. Like vandalism, disorderly conduct, drug offenses, gambling, etc. Type II offenses also include juvenile offenses like runaways and curfew offenses.
You have been a defense attorney for a decade and strive to see clients receive sentences that are alternatives to imprisonment. You feel they not only have more of their lives back but feel it can be a better way to lower prison overcrowding. You have wondered over time, though, if the criminal justice system is a strong institution of social control. What do you think? You think about other institutions, such as the family, schools, and organized religion. Do you think those are better institutions of social control that the criminal justice system? Which ones, and why? Knowing this, how could you help make positive suggestions for prison alternatives? Explain.
To a certain extent I think that schools, family, and religion are better social institutions than jails and prisons. I believe this because those who come from good neighborhoods where these things are present are less likely to end up in prisons or jails. People should be integrated into the society so they are able to completely reform. But, on the other hand, in certain cases, integrating a defendant into society can be dangerous. In these cases jails and prisons are in the best interest for everyone.
A gag order prohibits anyone involved in a case—police, prosecutor, defense attorney, defendant—from talking to the press. True False
True
A guilty plea requires a defendant's waiver of a number of important rights. True False
True
All potentially exculpatory evidence must be disclosed to the defense. False True
True
Before a suspect in police custody is interrogated, the suspect must be informed of his/her rights under the Fifth Amendment's Self-Incrimination Clause. True False
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. False True
True
Grand juries have the power to grant witnesses immunity from prosecution. True False
True
In Ashcraft v. Tennessee, the suspect was interrogated for 36 hours with virtually no break, thereby depriving him of any rest.
True
In appeals cases, lawyers for both sides appear before a panel of judges to argue about the law applicable to the case. False True
True
Informal discovery occurs frequently because it often facilitates a prompt resolution of a dispute without the need for trial. True False
True
Judges engage in plea bargaining to move cases. True False
True
Most appearances last approximately three minutes during an initial appearance. False True
True
Most defendants appear without counsel during an initial appearance. True False
True
Most felony crimes are for nonviolent offenses. False True
True
Oral argument provides an opportunity for face-to-face contact between the appellate judges and lawyers. False True
True
Researchers find that many jurors make a preliminary decision with regard to the outcome of a case after hearing opening statements. False True
True
Researchers find that urban courts make greater use of probation and shorter prison terms than their rural counterparts. False True
True
Scholars refer to Court eras according to the chief justice. False True
True
A sum of money paid to the government by a person convicted of an offense as punishment is called __________. community service restitution compensation a fine
a fine
CASE 10.1 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 fee bail schedule a day fines bail schedule a sliding bail schedule a fixed bail schedule
a fixed bail schedule
What is an amicus curiae brief? a request for the U.S. Supreme Court to hear an appeal an appellate brief a request for a state high court to hear an appeal a friend of the court brief
a friend of the court brief
The return of a grand jury indictment is also referred to as: a complaint. a true bill. an information. an injunction.
a true bill.
The American Bar Association has recommended the __________ of commercial bail.
abolition
When the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed, this is called: limit bargaining. count bargaining. sentence bargaining. charge bargaining.
count bargaining.
Miranda applies only to __________ interrogations.
custodial
CASE 15.1 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 __________. abuse of discretion de novo clear error reasonableness
de novo
A count bargain means the: defendant agrees to plead guilty in exchange for a lesser sentence. defendant's top charge was reduced to something less severe. defendant gets one sentence for multiple charges, instead of consecutive sentences. defendant agrees to plead guilty to fewer charges.
defendant agrees to plead guilty to fewer charges.
An Alford plea is one in which the: defendant denies that there has been a plea bargain. prosecutor makes no sentence recommendation. defendant pleads guilty but maintains innocence. defendant pleads on the nose.
defendant pleads guilty but maintains innocence.
Discovery rules are vitally important to: prosecutors. defense attorneys. juries. judges.
defense attorneys.
What sentence specifically states the exact number of years to be served in prison? indeterminate sentence definite sentence predetermined sentence determinate sentence
determinate sentence
Sentencing __________ refers to inconsistencies in sentencing resulting from the decision-making process.
disparity
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
Which rule prohibits the prosecutor from using illegally obtained evidence during a trial? alibi rule suppression rule discovery rule exclusionary rule
exclusionary rule
To gain a potential advantage in plea bargaining, prosecutors sometimes: refuse to take Alford pleas. waive grand jury review. overcharge deliberately. demand a preliminary hearing.
overcharge deliberately.
Challenges to jurors that do not require reasons are termed __________. ministerial challenges discretionary challenges automatic challenges peremptory challenges
peremptory challenges
What is another name for trial juries? non juries bench juries petit juries grand juries
petit juries
Severe defects in trial proceedings that require reversal of a conviction and remand for a new trial in order to avoid a miscarriage of justice are called __________. None of these answers is correct. reversible errors harmless errors plain errors
plain errors
Which of the following types of evidence is generally NOT admissible at trial? fingerprint polygraph DNA hair analysis
polygraph
The standard of proof in a criminal case is proof beyond a __________ doubt.
reasonable
In what type of punishment does the offender directly compensate the victim for the harm caused by the criminal offense? restitution community service electronic monitoring a fine
restitution
Which of the following are index crimes? drug offenses embezzlement forgery robbery
robbery
Which of the following is NOT included as an index crime under the "violent crimes" category? aggravated assault forcible rape simple assault robbery
simple assault
A defendant charged with a serious offense has the right to a jury trial only if the offense is punishable by a term of incarceration of more than __________. 30 days six months one year 90 days
six months
What type of research do jury consultants use to profile jurors? legal research social scientific research historical research biological research
social scientific research
The amount of deference afforded by an appellate court is referred to as the __________ of review.
standard
What is one of the major factors influencing bargaining and discretion? difficulties with defendants lack of cooperation between members of the courtroom work group the presumption of innocence the presumption of factual guilt
the presumption of factual guilt
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. the right to an interest in liberty. the right to a lawyer for an appeal. the right against excessive punishment.
the right to confront witnesses.
The particularity requirement means that __________ should be as detailed as possible. search warrants applications for warrants warrants arrest warrants
warrants
The case of Boykin v. Alabama requires a judge to determine what? whether the defendant is guilty whether the plea is knowing and voluntary the statutory maximum for the crime before accepting a plea what the sentence should be
whether the plea is knowing and voluntary
