Criminal Justice Ch. 9-11

If a grand jury is not used, the prosecutor files a[n] ________ against the accused.

Charging document

A court with original jurisdiction has the lawful authority to review a decision made by a lower court. (True or False)

False

Judges are not permitted to depart from the federal sentencing guidelines (True or False)

False

Most convictions are reversed on appeal to a higher court. (True or False)

False

Which of the following is a mitigating circumstance?

The offender acted under strong provocation.

Proportionality means that

There should be a direct relationship between the severity of the sanctions and the seriousness of the crime.

A "hung jury" is deadlocked and cannot come to a unanimous decision. (True or False)

True

A dying declaration is an exception to the hearsay rule. (true or false)

True

The majority of criminal cases are resolved through negotiated pleas. (True or False)

True

Courts that have the authority to review a decision made by a lower court are said to have ________ jurisdiction.

appellate

The standard of proof required for conviction in a criminal trial is

beyond a reasonable doubt

Evidence that requires interpretation or that requires a judge or jury to draw conclusions based on what the evidence indicates is called

circumstantial evidence

During jury selection, challenges for cause

claim that an individual juror cannot be fair or impartial

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

court reporter

The judge

determines what charge to bring against a suspect

________ involves suspending criminal proceedings and referring the alleged offender to a private agency.

diversion

________ is information having a tendency to clear a person of guilt or blame.

exculpatory evidence

An indictment is filed by the

grand jury

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

incapacitation

A subpoena

is a written order requiring an individual to appear in court.

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

legal guilt

Release on recognizance

permits release on the basis of a written promise to appear.

If a judge requests information on a convicted defendant's background, the probation or parole office will conduct a ________ investigation.

presentence

General deterrence attempts to

separate offenders from the community to reduce opportunities for future criminality.

Removing the jurors from all possible outside influences is known as ________ the jury.

sequestering