CJ 252

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1

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

Writ of certiorari

2

Which of the following court members dominates the grand jury

...

3

A defendant's guilty plea must be

...

4

cash bond

The accused must post either the full amount of cash bail with the court or a percentage of it in the form of a cash bond. All of this money will be returned when all court appearances are satisfied. because it requires a large amount of cash, this form of bail is seldom used.

5

Indictment

formal accusation of a criminal offense made against a person by a grand jury

6

complaint

A charge signed by the arresting officer that named had committed a specified offense.

7

Information

A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial.

8

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

Discovery

9

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

6th

10

A trial before a judge without a jury is called a(n)

Bench trial

11

sometimes, the police exercise considerable influence by pressuring prosecutors to overcharge defendants or to file charge even though the evidence is weak

false

12

What must be supported by oath or affirmation of either the victim or the arresting officer? it is most commonly used in prosecuting misdemeanor offenses or city order violations.

complaint

13

if a person is indicted, s/he is

Charged with a crime.

14

In some jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced at which stage?

Initial appearance

15

The uniform crime Report's Type 1 offenses are also referred to as

Index crimes

16

The standard of proof at a preliminary hearing is probable cause

True

17

What criminal justice actors is most likely to file a bill of information

The prosecutor

18

Which Amendment to the U.S constitution state: "No human shall be hold to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury?

5th

19

which of the following is a power of the grand Jury?

All of these are are powers of the grand jury.

20

The burden of proof required at a preliminary hearing is

Proof beyond a reasonable doubt

21

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

A true bill.

22

What are the three most common types of plea bargains?

Charge bargaining, count bargaining, and sentence bargaining

23

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

Charge bargaining

24

when the prosecutor allows the defendant to plea guilty to one charge and dismisses the rest this is called

count bargaining

25

which of the following actors would be in favor of broader discovery laws?

defense attorney

26

release on recognizance is one way to secure pretrial release

true

27

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

"shield and sword"

28

During what part of the criminal court process does a defendant enter a plea

Arraignment

29

Which amendment state:" In all criminal prosecutors, the accused shall enjoy the right to be informed of the nature and cause of the accusation?

6th Amendment

30

Opening statement

statement made by both attorneys at the beginning of a trial explaining to the fact-finder what they believe the evidence in the case can prove.

31

closing statement

statement made by attorney at the end of the presentation of evidence in which the attorney summarizes the case for thr juty

32

Jury instructions

Direction given by a judge to the member of the jury informing them of the law applicable to the case

33

Rebuttal

Rebuttal witness may be called by the prosecutor of defense in order to discredit testimony or evidence brought by the opening counsel during their case-in-chief.

34

Case-in-Chief

The main evidence offered by the prosecutor or defense which includes all evidence, witnesses, direct/cross examination and strategies of the case presentation.

35

Drug crimes are categorized as Type 1 offenses in the Uniform Crime Reports

False

36

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

False

37

The main difference between a guilty plea and a no contest plea is that the latter

cannot be used in a civil proceeding against the defendant

38

The exclusionary rule applies to

the exclusionary rule applies to all of these

39

what do adherents of the crime control model oppose plea bargaining ?

They believe defendants get off too lightly

40

Criminal trials start with two presumptions: the presumption of innocence and the presumption of....

Sanity

41

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

True

42

Bail bond

The arrestee hires a bail agent, who posts the amount required and charges a fee for service rendered, usually 10% of the amount of the bond

43

Property bond

most states allow a defendant to use a piece of property as collateral

44

arrest warrant

An official document, signed by a judge, accusing an individual of a crime and authorizing law enforcement.

45

Flight risk

used to determine the likelihood of a defendant intentionally fleeing from and avoiding the pretrial process

46

during what phase of the criminal justice process is the felony defendant formally accused of a crime and called upon to enter a pea

Arriagnment

47

Which of the following term means that there is a "fair probability" that a felony was committed?

probable cause

48

the traditional legal rule regarding confessions is that confessions_______________

must be free and voluntary

49

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

nolo contendere (No contest)

50

the questioning of potential jurors is called?

Voir dire

51

A defendant who pleads guilty is generally required to read and sign what form?

A BoyKin form

52

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

Miranda V. Arizona

53

Challenges to jurors that require a justification are called challenges__________

for cause

54

In which of the following U.S supreme court decisions was the exclusionary rule developed?

U.S. V. Miller

55

Challenging a jurors that do not require reasons are termed______

peremptory challenges

56

which of the following is the primary requirement for a search warrant?

Probable cause

57

What happens immediately prior to a jury beginning deliberations?

the judge instructs the jury

58

which amendment to the U.S. constitution prohibits unreasonable searches and seizures

4th Amendment

59

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

Burden of production

60

what Amendment gives a criminal defendant the privilege not to testify at trial?

5th Amendment.

61

Retribution

A concept that applies the payment of a debt to society and thus the expiation of one's offense

62

Deterrence

the purpose of punishment is the prevention of future crime

63

severity

The more severe the punishment the less likely the offender is to do the crime again

64

Certainty

the more likely the offender is going to be caught, the less likely the offender is to commit crime again

65

Rehabilitation

Criminal behavior is the result of social or psychological disorders, and the treatment of such disorders should be the focus of correction

66

Incapacitation

Crime can be prevented if criminals are physically restrained

67

Restoration

Criminal Justice should be about repairing injury

68

Who should decide the sentence?

Legislative sentence responsibility

  • initially responsible for creating option in the criminal codes they enact.
69

Rehabilitation model

Wide discretion

70

Cruel and unusual punishment

8TH amendment

71

executive sentencing responsibility

Governors, parole boards, departments of corrections carry out the sentences imposed by judges.

72

Imprisonment

  • prison overcrowding
  • conditions of confinement lawsuits
  • high cost
  • realities of imprisonment large number of criminal force states to look at alternative sanctions.
73

Probation

  • Most commonly used sanction in the united states
  • defendant likely to not commit another offense
74

Judge

  • Informal limits of courtroom workgroup

rely on the work ground who has the most knowledge of the case

75

Prosecutor

count or charge bargain

76

Defense Attorney

Trial or guilty plea

Judge shopping

communicate with prosecutor

77

probation officer

Supervision

78

Probation

before prison

79

Parole

After prison

80

Aggravating

Use of weapon

81

mitigating

Youth of the defendant

82

Law in controversy

Uncertainty and public opinion

  • Sentence more art than science
  • only mistakes resulting in harm will reach public attention
83

Due process model

Advocates feared excessive discretion

84

Crime control

Advocate feared discretion reduced crime control

85

Appellate court

they are created because several heads are better than one when examining legal question

86

the purpose of Appeal

  • error correction
  • policy formulation
87

Dissenting opinion

explains why they believe their fellow judges reaches the wrong conclusion

88

Concurring opinion

judges agree with the opinion and wants to emphasize certain points

89

plurality opinion

limits or no precedential value because there is no majority decision