CRJS - Exam III (Ch. 12-15)
In Williams v. Florida (1970), how did SCOTUS alter its interpretation of the Sixth Amendment right to a trial by jury?
It determined that a 12-member jury was not essential to achieve the goals of a jury trial.
How long can a suspected terrorist be questioned under the public safety exception before they must be read their Mirandarights?
It lasts for two days, or until the agents feel they have asked all relevant questions about immediate public safety.
To what extent did the FBI's use of the letters change from 2000 (before the Patriot Act) to 2005?
It more than quadrupled.
How do legal academic researchers and behavioral science researchers differ with regard to plea bargaining?
Legal academic researchers believe that parties to a plea act rationally, while behavioral science researchers believe irrelevant factors cause defendants to strike skewed bargains.
Compare the use of peremptory challenges with challenges for cause.
Peremptory challenges can be used without explanation, while challenges for cause must be accompanied by proof of bias.
In Holland v. Florida (2010), the Court determined that the statute of limitations could be ignored if plaintiffs found new evidence proving innocence and what else?
Plaintiffs had diligently pursued their rights to find the evidence.
In the case described in the video, how many counts are Prysby and Glasgow charged with?
Prysby is charged with 6 counts; Glasgow is charged with 2.
The Detainee Treatment Act of 2005 was in direct response to what event?
Rasul v. Bush
According to SCOTUS, which Constitutional amendment guarantees the right to an "impartial jury" that is representative of a "fair cross-section" of the community?
Sixth Amendment
Which constitutional amendment provides for the right to a speedy trial?
Sixth Amendment
How did the Swain ruling differ from Batson in trying to ferret out discrimination in jury selection?
Swain required evidence of an extended pattern of discrimination; Batson required a claim of facts showing discrimination during the defendant's own trial.
What is the difference between evidentiary requirements of a first appearance and a preliminary hearing?
The amount of probable cause required at a first appearance is less than at a preliminary hearing.
What does the objective basis element of FISA require of requests made to FISC for production of information?
The applications have reasonable grounds to suspect that the information delivered will be relevant to an authorized investigation.
Which of the following statements describes a preliminary hearing?
The defense can challenge the prosecution's case.
How do the goals of a jury trial compare with those of a plea bargain?
The goal of a jury trial is to find facts and involve the community in criminal justice decision making, while the goal of a plea is the speedy and efficient disposition of a case.
What was one criticism of the indeterminate system of sentencing that dominated in the United States until the 1970s?
The informal powers could not be reviewed.
How does the key-man system of jury selection in some states differ from the way most other states select jurors?
The key-man system is based on personal recommendations, and the typical method is based on random selection from lists of citizens.
What is a key difference between Rasul v. Bush (2004) and U.S. v. Eisentrager (1950) that made it possible for federal courts to hear the Rasul petition but not the Eisentrager petition?
The petitioners in Rasul were held on U.S. territory and the Eisentrager petitioners had never been in U.S. territory.
What is one reason the SCOTUS majority argued that the fixed checkpoint was not an invasion of the Fourth Amendment in U.S. v. Martinez-Fuerte (1976)?
The stop was short and did not involve a full search, only questioning.
After all applicable public safety questions are asked, under what conditions are agents advised to continue questioning suspects without warning them of their rights?
The suspect can give further relevant information that will help prevent additional attacks.
What is the main change that happens when a defendant is convicted and becomes an offender?
Their presumption of innocence becomes a presumption of guilt.
What is one way the Patriot Act offers stricter regulations on obtaining records from issuing subpoenas to third parties than a basic grand jury investigation?
There are minimization procedures to protect innocent Americans.
What is available with mandatory minimum sentencing that is not possible with a completely discretionary approach?
There is formal decision making that can be subject to oversight.
Which of the following is NOT a reason the Comprehensive Drug Abuse Prevention and Control Act repealed mandatory minimums for drug offenses?
They gave judicial authority too broad a scope of power.
What does the court require of defendants who are released on recognizance?
They give their word to the court that they will appear for their court date.
What is one circumstance under which defendants failing to raise objections during trial does not waive their right to an appeal?
They were not granted adequate time to object during trial.
What digital platform did law enforcement investigate to gather intelligence about the actions of Hamza Ahmed?
Which case adopted reasonableness as the basis for trial courts' use of facts to impose certain sentences?
U.S. v. Booker (2005)
According to the video, when 300 jurors are summoned, the court is lucky if ____________ show up.
100
Mandatory minimums could have contributed to the fact that our prisons hold what percentage of the world's prisoners?
25 percent
What has SCOTUS established as a definition for promptness in proving probable cause to detain a suspect?
48 hours
Which of the following describes the difference between the central role of a judge and jury in a trial?
A judge decides the law and the jury decides the facts of the case.
Describe an action that would be considered a reversible error?
A judge fails to ask a defendant questions about a plea in open court.
What is the difference between a first appearance and an arraignment?
A judge informs the defendant of his rights and the charges against him at a first appearance; the defendant answers the charges against him at an arraignment.
How is a factual basis established for a defendant's guilty plea?
A judge questions the defendant, prosecutor, and defense attorney about the conduct that led to the crime.
Which of the following is constitutionally required of a first appearance court proceeding?
A magistrate decides whether probable cause exists.
What is the difference between a roving wiretap and a traditional wiretap?
A roving wiretap follows a person, while a traditional wiretap follows a device.
What is the difference between a person who is considered an alien and one who is considered an immigrant?
Aliens are not citizens while immigrants can be citizens.
How does offering a reduced sentence for providing substantial assistance to law enforcement introduce discrimination into the practice of mandatory minimum sentences?
Whites are more likely to receive reductions for offering substantial assistance.
Under the Department of Defense guidelines issued about military commissions in 2010, can evidence be used in trial if it was gathered in a cruel or inhuman way?
Yes, if using the evidence is consistent with the interests of justice.
Do mandatory minimums have to be handed out to all offenders who commit certain crimes?
Yes, in theory, but more than half of offenders who qualify for mandatory minimums don't receive them.
Who can be targeted by a National Security Letter (NSL) under the Patriot Act?
a U.S. person who is involved with terrorist plots
A terrorist that works on his own without any ties to foreign powers or other associates is known as what?
a lone-wolf terrorist
In which of the following instances is a jury most likely to nullify?
a man charged with providing enough morphine to stop the breathing of his terminally ill wife
According to the definitions of lawful and unlawful enemy combatants, which of the following would be considered an unlawful enemy combatant?
a militia member for a hostile country
Which of these circumstances would most likely lead to the culprit being charged with a sentence of death?
a recent college graduate intentionally striking and killing two people with a car
Which of the following offenders would be most likely to receive an upward departure from sentencing guidelines?
a young Hispanic man
Which of the following is a common excuse for being exempted from jury duty?
advanced age
Which institutions were sent nation security letters?
all of these are correct
If a National Security Letter (NSL) requests metadata on customers from a communication company, which of the following is an example of the information the company would provide?
an email address
Which of the following defendants would likely qualify for state appointed counsel?
an unemployed defendant who doesn't own his own home but has wealthy family members
Support of the end of mandatory minimums from corners like Rand Paul and the American Civil Liberties Union (ACLU) are a demonstration of ____________.
bipartisan support
Bargaining for a reduction in either the number or severity of criminal charges is referred to as ____________.
charge bargaining
In the judicial sentencing model, which of the following groups sets the broad contours that judges use as guides to decide on sentences?
congress
Which of the following groups of people are ordinarily exempt from serving on a jury?
convicted felons
As there was no mention of a grand jury review in the video, what document did the prosecutors most likely present to get indictments against these three men?
criminal information
Which of the following is defined as a critical stage of criminal proceedings?
custodial interrogation
What must the state balance when deciding whether to retain or release defendants until their court dates?
defendants' rights to remain free until proven guilty and the public's right to feel safe from crime
Which standard asks a judge to weigh the strength of the case by determining whether the prosecution has presented enough evidence at a preliminary hearing that could be sent to a jury at a real trial?
directed verdict rule
Diversion cases are ones in which prosecutors ____________.
drop formal judicial proceedings if suspects agree to participate in and complete programs for community service, restitution, substance abuse, or family violence
Which of the following is an interest promoted by guilty pleas?
efficiency
Aside from getting rid of mandatory minimums, the Senate has proposed what further changes?
giving judges more discretionary power
How did the librarian interviewed describe his feelings regarding the letter he received?
he found it deeply disturbing
According to then FBI director Robert Mueller, what is one of the reasons for this misuse of authority?
his personal failing in providing the necessary training, education, and oversight
What two factors does Immigration and Naturalization Services (INS) consider when determining whether to detain a person during a noncriminal deportation process?
how likely the person is to flee and if he or she poses a danger to society
On what sorts of crimes did the Boggs Act impose minimum sentences in the 1950s?
importing drugs and distributing marijuana
Which of the following historical developments has led to the increase in plea bargaining?
increasing complexity of the criminal trial process
Modern sentencing practices started around 1870 and the reform movement that enacted those practices grew as a result of what?
legislatively fixed harsh sentences
What is the name of the rule that says that a lawyer whose behavior is so shocking that it turns a trial into a farce is deemed constitutionally ineffective?
mockery of justice standard
If a defendant is denied their right to appeal based on the fact that they have already served the time of their sentence, this decision falls under the _____________.
mootness doctrine
Sentencing reform that started in the 1970s and grew to a new philosophy of thinking about punishment has led to what result in U.S. sentencing?
more incarceration and longer prison sentences
The double jeopardy clause prevents ____________.
multiple prosecutions in the same jurisdiction for the same offense
The Habeas Corpus Act of 1867 was originally intended to protect which group of people?
newly freed slaves in southern states
What is considered a mitigating circumstance when looking at whether a death sentence should be imposed?
no significant prior record
What is the statute of limitations the Antiterrorism and Effective Death Penalty Act placed on petitions after "the date on which the judgment becomes final"?
one year
When it comes to plea bargains, police and the public typically ____________ them and the courts and lawyers typically ____________ them.
oppose; support
What is a written or oral request to decide questions that don't require a trial in order for a judge to make a ruling?
pretrial motion
FBI counterterrorism and counterintelligence post-9/11 has a proactive goal focusing on what result?
preventing future attacks before they happen
What is the term that describes the process of denying bail to defendants who might intimidate, hurt, or terrorize witnesses and victims, or who might commit new crimes, while awaiting trial?
preventive detention
Defendants who are released on their own recognizance ____________.
promise to appear in court on their court date
When Holder says the sentencing change is a promise to forge a more just society, what aspect of unfairness is he likely talking about?
racial disparities
What's an example of the sort of crime that could be affected by Holder's decision?
small-time drug courier
What is the most important factor a prosecutor considers when deciding whether to charge a suspect?
strength of case against defendant
What does it mean when a court is ex parte?
that only one party is represented
What terrorist event led to a debate over Miranda rights and the public safety exception?
the Boston marathon bombing
After an immigration judge makes a determination on an alien's detention status, who can appeal that decision?
the alien or the INS
What two factors should prosecutors, as officers of the court, consider when deciding whether to prosecute a case?
the interest of justice and the strength of a case
Jury nullification describes ____________.
the practice of acquitting in the face of proof beyond a reasonable doubt
Which of the following rights does a defendant give up when pleading guilty?
the right to remain silent
What is the purpose of a first appearance proceeding?
to decide whether there is probable cause to detain a suspect
Which of the following is a principal use of NSLs according to the Justice Department Inspector General?
to develop information for law enforcement to use in criminal proceedings
What is the purpose of using the Capone approach to apprehend someone linked to a terrorist plot for a minor and unrelated crime?
to find charges that stick because terrorism is often difficult to prove
A unanimous verdict is required in ____________.
trials with six-member juries
When do lawyers have to explain their peremptory challenges of jurors?
when opposing counsel feels that an attorney is using them to eliminate a race of jurors
When are judges most likely to make a downward departure from what the range of sentencing guidelines recommend?
when the defendant is juvenile or white
SCOTUS changed the requirements for showing discriminatory practices in jury selection by reducing the burden from an extended pattern of discrimination to providing evidence of a pattern of discrimination during a defendant's trial. What ruling changed this requirement?
Batson v. Kentucky (1986)
Which of the following is most accurate regarding political sentiment toward the Act and its implentation?
Both democrats and republicans consider the privacy of the American people of the utmost importance.
Which of the following is an accurate statement about a grand jury review?
Defendants and their lawyers are banned from the review.
Under what circumstances does the court rule that gag orders do not violate the First Amendment and the information protected by them should not be disclosed?
Disclosing the information could harm an authorized ongoing investigation.
What does the Eighth Amendment articulate concerning a defendant's right to bail?
Excessive bail shall not be required.
