Criminal Courts Final Exam

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1

Repress criminal conduct

A) Crime control

B) Due process

A

2

Respect and protect individual rights

A) Crime control

B) Due process

B

3

Enforces the laws

A) Executive branch

B) Legislative branch

C) Judicial branch

A

4

Governor (state level), police, prosecutor

A) Executive branch

B) Legislative branch

C) Judicial branch

A

5

Makes the laws

A) Executive branch

B) Legislative branch

C) Judicial branch

B

6

Senate

A) Executive branch

B) Legislative branch

C) Judicial branch

B

7

Interprets the laws

A) Executive branch

B) Legislative branch

C) Judicial branch

C

8

Judges

A) Executive branch

B) Legislative branch

C) Judicial branch

C

9

T/F: Exec can veto the legislative and appoint the judicial

A) True

B) False

A

10

T/F: Judicial can void or confirm the legislative act

A) True

B) False

A

11

Legal obligations imposed

A) Substantive law

B) Procedura law

A

12

Methods of enforcing legal obligations

A) Substantive law

B) Procedural law

B

13

No unreasonable search and seizure

A) 4th amendment

B) 5th amendment

C) 6th amendment

D) 14th amendment

A

14

No double jeopardy, self-incrimination

A) 4th amendment

B) 5th amendment

C) 6th amendment

D) 14th amendment

B

15

Speedy, public, confrontation, subpoena, counsel

A) 4th amendment

B) 5th amendment

C) 6th amendment

D) 14th amendment

C

16

Due process

A) 4th amendment

B) 5th amendment

C) 6th amendment

D) 14th amendment

D

17

Criminal act

A) actus reus

B) mens reus

A

18

Guilty intent

A) actus reus

B) mens reus

B

19

Intentionally, knowingly, recklessly

A) actus reus

B) mens reus

B

20

"I wasn't there"

A) Alibi

B) Mistake of fact

C) Necessity

D) Justifications

A

21

I thought it was my car

A) Alibi

B) Mistake of fact

C) Necessity

D) Justifications

B

22

My wife was sick and had to get her to the hospital

A) Alibi

B) Mistake of fact

C) Necessity

D) Justifications

C

23

Self-defense

A) Procedural defense

B) Mistake of fact

C) Necessity

D) Justifications

D

24

Police messed up, speedy trial, double jeopardy

A) Alibi

B) Mistake of fact

C) Necessity

D) Procedural defense

D

25

None of the actors can perform their tasks independently; must work together

A) Mutual independence

B) Shared decision making

C) Socialization

A

26

Bail/ sentencing/ major decisions made rely on the regularity of behavior

A) Mutual independence

B) Shared decision making

C) Socialization

B

27

Shared norms allow the members of the work group to routinely process "normal crimes"

A) Mutual independence

B) Shared decision making

C) Socialization

C

28

Enforce all laws

A) Law on the books

B) Law in action

A

29

Little involvement is arrest

A) Law on the books

B) Law in action

A

30

Charging is exclusive domain

A) Law on the books

B) Law in action

A

31

Discovery

A) Law on the books

B) Law in action

A

32

Plea offers/ discretion

A) Law on the books

B) Law in action

A

33

Represents the government

A) Law on the books

B) Law in action

A

34

Establish priorities

A) Law on the books

B) Law in action

B

35

Advise police on probable cause

A) Law on the books

B) Law in action

B

36

Public, caseload pressure

A) Law on the books

B) Law in action

B

37

Informal disclosures for pleas

A) Law on the books

B) Law in action

B

38

Court practices/ expectations

A) Law on the books

B) Law in action

B

39

Absolute immunity (within the realm of prosecutorial functions)

A) Prosecutorial immunity

B) Qualified immunity

A

40

When not acting as advocate for government

A) Prosecutorial immunity

B) Qualified immunity

B

41

Salaried full-time attorneys, near equal resources of prosecutors

A) Public defender structure

B) Panel system

C) Contract system

A

42

Private attorneys, assigned on case by case basis, sometimes by the judge

A) Public defender structure

B) Panel system

C) Contract system

C

43

To see that justice is done

A) Prosecutor

B) Defense

C) Judge

A

44

To test the prosecutor's case and mount a defense

A) Prosecutor

B) Defense

C) Judge

B

45

To ensure the system runs fairly and impartially within the requirements of the law but cannot be an advocate

A) Prosecutor

B) Defense

C) Judge

C

46

Governor nominates/ Federal: President nominates and confirmed by the Senate

A) Executive appointments

B) Partisan election

C) Non-partisan election

D) Merit selection (Missouri Plan)

A

47

Political party involvement

A) Executive appointments

B) Partisan election

C) Non-partisan election

D) Merit selection (Missouri Plan)

B

48

No political party involvement

A) Executive appointments

B) Partisan election

C) Non-partisan election

D) Merit selection (Missouri Plan)

C

49

Nominated by a judicial commission then selected by the Governor

A) Executive appointments

B) Partisan election

C) Non-partisan election

D) Merit selection (Missouri Plan)

D

50

How to remove unfit judge's without compromising judicial independence

A) Judicial independence

B) Judicial performance

C) Judicial misconduct

D) Federal Conduct and Disability Act

A

51

Judicial performance evaluations

A) Judicial independence

B) Judicial performance

C) Judicial misconduct

D) Federal Conduct and Disability Act

B

52

Judicial conduct commission

A) Judicial independence

B) Judicial performance

C) Judicial misconduct

D) Federal Conduct and Disability Act

C

53

Allows for impeachment and removal

A) Judicial independence

B) Judicial performance

C) Judicial misconduct

D) Federal Conduct and Disability Act

D

54

Magistrate must determine if PC exists

A) Preliminary hearing

B) Grand jury

C) Initial appearance

A

55

Controlled by the prosecutor

A) Preliminary hearing

B) Grand jury

C) Initial appearance

B

56

Flow of information

A) Preliminary hearing

B) Grand jury

C) Initial appearance

B

57

Witnesses called

A) Preliminary hearing

B) Grand jury

C) Initial appearance

B

58

Evidence provided

A) Preliminary hearing

B) Grand jury

C) Initial appearance

B

59

Way to dump a controversial case or handle a complex case

A) Preliminary hearing

B) Grand jury

C) Initial appearance

B

60

Charging information

A) Preliminary hearing

B) Grand jury

C) Initial appearance

C

61

Advise accused of their charges

A) Preliminary hearing

B) Grand jury

C) Initial appearance

C

62

Advise the accused of their rights

A) Preliminary hearing

B) Grand jury

C) Initial appearance

C

63

Less serious charge

A) Charge bargaining

B) Count bargaining

C) Sentence bargaining

A

64

Take one and State dismisses the other

A) Charge bargaining

B) Count bargaining

C) Sentence bargaining

B

65

Original charge and either set sentence, no recommendation; promise of leniency

A) Charge bargaining

B) Count bargaining

C) Sentence bargaining

C

66

T/F: Alford Plea is allowed in Indiana

A) True

B) False

B

67

Death penalty and life without parole cases

A) 20 strikes each

B) 10 strikes each

C) 5 strikes each

A

68

Felonies Level 1-5

A) 20 strikes each

B) 10 strikes each

C) 5 strikes each

B

69

Misdemeanors and Level 6 Felony

A) 20 strikes each

B) 10 strikes each

C) 5 strikes each

C

70

Firsthand evidence that does not require any inferences to be drawn in order to establish a proposition of fact; does not necessarily establish truth

A) Direct evidence

B) Circumstantial evidence

C) Scientific evidence

D) Demonstrative evidence

A

71

(indirect evidence) evidence used to imply a fact but not prove it directly

A) Direct evidence

B) Circumstantial evidence

C) Scientific evidence

D) Demonstrative evidence

B

72

Oral testimony given under oath ("I saw him pull the gun")

A) Testimonial evidence

B) Circumstantial evidence

C) Scientific evidence

D) Demonstrative evidence

A

73

Consists of tangible objects such as documents, drug paraphernalia, clothing and weapons

A) Testimonial evidence

B) Circumstantial evidence

C) Real evidence

D) Demonstrative evidence

C

74

the formal results of forensic investigatory and scientific techniques

A) Testimonial evidence

B) Circumstantial evidence

C) Scientific evidence

D) Demonstrative evidence

C

75

No evidential value by itself; serves as a visual or auditory aid to assist the factfider in understanding the evidence

A) Testimonial evidence

B) Circumstantial evidence

C) Scientific evidence

D) Demonstrative evidence

D

76

Police are permitted to stop suspects based on resonable suspicion of criminal activity; lower standard of proof than probable cause

A) Stop and Frisk

B) Brief protective sweep

C) Consent

D) Exigent circumstances

A

77

If they have reasonable suspicion that the suspect may be armed, they may frisk the suspect for weapons

A) Stop and Frisk

B) Brief protective sweep

C) Consent

D) Exigent circumstances

A

78

If an officer has reasonable suspicion "that the suspect is dangerous and may gain immediate control of weapos", he may sweep the premises

A) Stop and Frisk

B) Brief protective sweep

C) Consent

D) Exigent circumstances

B

79

4th amendment rights may be voluntarily waived

A) Stop and Frisk

B) Brief protective sweep

C) Consent

D) Exigent circumstances

C

80

When a law enforcement officer is legally in a place in which he/ she sees conotraband or other evidence that provides probable cause to believe criminal activity is afoot, the evidence may be seized without a warrant

A) Search incident to arrest

B) Plain View

C) Consent

D) Exigent circumstances

B

81

Police may search someone who is lawfully arrested "to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape"

A) Search incident to arrest

B) Plain View

C) Consent

D) Exigent circumstances

A

82

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

A) Search incident to arrest

B) Plain View

C) Consent

D) Exigent circumstances

D

83

Only on sentences greater than one actual year

A) Prison

B) Parole

C) Probation

D) County jail

A

84

No misdemeanors of level 6 felonies

A) Prison

B) Parole

C) Probation

D) County jail

A

85

Two years is typical

A) Prison

B) Parole

C) Probation

D) County jail

B

86

Not confined

A) Prison

B) Parole

C) Probation

D) County jail

C

87

In lieu of jail or prison

A) Prison

B) Parole

C) Probation

D) County jail

C

88

Usually for length of suspended sentence

A) Prison

B) Parole

C) Probation

D) County jail

C

89

Alternative for a shorter period of time designed for treatment, incentives, stability

A) Prison

B) Parole

C) Probation

D) County jail

C

90

Often follows more restrictive placement

A) Prison

B) Parole

C) Probation

D) County jail

C

91

Early release

A) Prison

B) Parole

C) Probation

D) County jail

B

92

Most inmates awaiting trial

A) Prison

B) Parole

C) Probation

D) County jail

D

93

Sanctions for community corrections

A) Prison

B) Parole

C) Probation

D) County jail

D

94

Lock down facility

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

A

95

Only able to leave work for specified reasons: court, treatment, medical, seeking employment

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

A

96

Metal detectors, drug testing, searches

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

A

97

Home or work

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

D

98

Strict schedule, drug testing, offender must often pay for some portion

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

D

99

Ankle monitor

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

D

100

Designed for non-violent offenders or offedners with some criminal history

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

D

101

Transition from more restrictive confinement

A) Work release

B) Parole

C) Probation

D) Home Detention / GPS

D

102

An eye for an eye

A) Retribution

B) Incapacitation

C) Rehabilitation

D) Restoration

A

103

Sentence fits the defender

A) Retribution

B) Incapacitation

C) Rehabilitation

D) Restoration

C

104

Lock em up and throw away the key

A) Retribution

B) Incapacitation

C) Rehabilitation

D) Restoration

B

105

Victim centered

A) Retribution

B) Incapacitation

C) Rehabilitation

D) Restoration

D

106

High deference

A) Factual issues

B) Legal issues

A

107

Little to no deference

A) Legal issues

B) Jury decisions

A

108

High deference

A) Legal issues

B) Jury decisions

B

109

police rely on warrant; reasonably believe warrant is valid; lack of police misconduct

A) Good faith exception

B) Independent source

C) Attenuation

D) Inevitable discovery

A

110

Found independent of unconstitutional police actions

A) Good faith exception

B) Independent source

C) Attenuation

D) Inevitable discovery

B

111

Evidence found far removed from any unconstitutional police action

A) Good faith exception

B) Independent source

C) Attenuation

D) Inevitable discovery

C

112

Would have been found regardless

A) Good faith exception

B) Independent source

C) Attenuation

D) Inevitable discovery

D

113

The most important factor when determining sentence

A) Prior record

B) Seriousness of offense

B

114

The second most important factor when determining sentence

A) Prior record

B) Seriousness of offense

A

115

Use of a weapon

A) Aggravating circumstance

B) Mitigating circumstance

A

116

Injury to victim

A) Aggravating circumstance

B) Mitigating circumstance

A

117

Lack of remorse

A) Aggravating circumstance

B) Mitigating circumstance

A

118

Prior history

A) Aggravating circumstance

B) Mitigating circumstance

A

119

Youth of defendant

A) Aggravating circumstance

B) Mitigating circumstance

B

120

Lack of mental capacity

A) Aggravating circumstance

B) Mitigating circumstance

B

121

Social stability

A) Aggravating circumstance

B) Mitigating circumstance

B

122

Role in the crime

A) Aggravating circumstance

B) Mitigating circumstance

B

123

Theft, burglary, sale/possession of drugs, criminal damage to property

A) Juvenile delinquency

B) Status offenses

C) Children in need of supervision

A

124

Acts that are illegal only for juveniles

A) Juvenile delinquency

B) Status offenses

C) Children in need of supervision

B

125

Running away, truancy, possession of alcohol, ungovernability, curfew violations

A) Juvenile delinquency

B) Status offenses

C) Children in need of supervision

B

126

Child-victims

A) Juvenile delinquency

B) Status offenses

C) Children in need of supervision

C

127

Neglect, dependency

A) Juvenile delinquency

B) Status offenses

C) Children in need of supervision

C

128

Battered, abandoned, lack of education, lack of medical care

A) Juvenile delinquency

B) Status offenses

C) Children in need of supervision

C

129

judge has the authority to transfer the case to criminal court; nature of the crime

A) Judicial waivers

B) Prosecutorial waivers

C) Statutory/ legislative waiver

D) Automatic waiver

A

130

Prosecutor can file in juvenile or adult

A) Judicial waivers

B) Prosecutorial waivers

C) Statutory/ legislative waiver

D) Automatic waiver

B

131

Statue requires waiver

A) Judicial waivers

B) Prosecutorial waivers

C) Statutory/ legislative waiver

D) Automatic waiver

C

132

a list of offenses for which a juvenile is automatically moved to the adult system; once an adult always an adult

A) Judicial waivers

B) Prosecutorial waivers

C) Statutory/ legislative waiver

D) Automatic waiver

D

133

Juvenile can petition it to be moved back to juvenile court

A) Judicial waivers

B) Prosecutorial waivers

C) Reverse waiver

D) Blended sentencing

C

134

Adult court can impose juvenile sanctions

A) Judicial waivers

B) Prosecutorial waivers

C) Reverse waiver

D) Blended sentencing

D

135

T/F: Only a small portion of juveniles are transferred to criminal court

A) True

B) False

A

136

14th amendment due process right applies to juveniles

A) In re Gault

B) In re Winship

A

137

Every element must be proved beyond a reasonable doubt

A) In re Gault

B) In re Winship

B

138

If age 12-16 and crime is murder

A) Permissive waiver

B) Automatic waiver

A

139

If crime is heinous or aggravated act and the juvenile is beyond rehabilitation by the juvenile system

A) Permissive waiver

B) Automatic waiver

A

140

If crime is controlled substance felony and "best interests/ safety of community"

A) Permissive waiver

B) Automatic waiver

A

141

If 16 years or older and crime is serious (murder, rape, attempt murder, CDC, robbery)

A) Permissive waiver

B) Automatic waiver

B

142

Voluntary

A) Drug treatment court

B) Re-Entry Court

A

143

Pre-Plea; If you complete the program then your case is dismissed

A) Drug treatment court

B) Re-Entry Court

A

144

The program geared toward keeping individuals from going to prison

A) Drug treatment court

B) Re-Entry Court

A

145

Can be mandated by parole board

A) Drug treatment court

B) Re-Entry Court

B

146

Post Plea

A) Drug treatment court

B) Re-Entry Court

B

147

5 Justices

A) Indiana Supreme Court

B) Court of Appeals

C) Trial Courts

A

148

Court of last resort

A) Indiana Supreme Court

B) Court of Appeals

C) Trial Courts

A

149

15 judges in 5 districts

A) Indiana Supreme Court

B) Court of Appeals

C) Trial Courts

B

150

317 judges

A) Indiana Supreme Court

B) Court of Appeals

C) Trial Courts

C

151

Circuit and superior

A) Indiana Supreme Court

B) Court of Appeals

C) Trial Courts

C

152

General jurisdiction

A) Indiana Supreme Court

B) Court of Appeals

C) Trial Courts

C