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CJ 252

front 1

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

back 1

Writ of certiorari

front 2

Which of the following court members dominates the grand jury

back 2

no data

front 3

A defendant's guilty plea must be

back 3

no data

front 4

cash bond

back 4

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.

front 5

Indictment

back 5

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

front 6

complaint

back 6

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

front 7

Information

back 7

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.

front 8

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

back 8

Discovery

front 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

back 9

6th

front 10

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

back 10

Bench trial

front 11

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

back 11

false

front 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.

back 12

complaint

front 13

if a person is indicted, s/he is

back 13

Charged with a crime.

front 14

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

back 14

Initial appearance

front 15

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

back 15

Index crimes

front 16

The standard of proof at a preliminary hearing is probable cause

back 16

True

front 17

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

back 17

The prosecutor

front 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?

back 18

5th

front 19

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

back 19

All of these are are powers of the grand jury.

front 20

The burden of proof required at a preliminary hearing is

back 20

Proof beyond a reasonable doubt

front 21

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

back 21

A true bill.

front 22

What are the three most common types of plea bargains?

back 22

Charge bargaining, count bargaining, and sentence bargaining

front 23

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

back 23

Charge bargaining

front 24

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

back 24

count bargaining

front 25

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

back 25

defense attorney

front 26

release on recognizance is one way to secure pretrial release

back 26

true

front 27

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

back 27

"shield and sword"

front 28

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

back 28

Arraignment

front 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?

back 29

6th Amendment

front 30

Opening statement

back 30

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.

front 31

closing statement

back 31

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

front 32

Jury instructions

back 32

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

front 33

Rebuttal

back 33

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.

front 34

Case-in-Chief

back 34

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

front 35

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

back 35

False

front 36

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

back 36

False

front 37

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

back 37

cannot be used in a civil proceeding against the defendant

front 38

The exclusionary rule applies to

back 38

the exclusionary rule applies to all of these

front 39

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

back 39

They believe defendants get off too lightly

front 40

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

back 40

Sanity

front 41

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

back 41

True

front 42

Bail bond

back 42

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

front 43

Property bond

back 43

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

front 44

arrest warrant

back 44

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

front 45

Flight risk

back 45

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

front 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

back 46

Arriagnment

front 47

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

back 47

probable cause

front 48

the traditional legal rule regarding confessions is that confessions_______________

back 48

must be free and voluntary

front 49

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

back 49

nolo contendere (No contest)

front 50

the questioning of potential jurors is called?

back 50

Voir dire

front 51

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

back 51

A BoyKin form

front 52

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

back 52

Miranda V. Arizona

front 53

Challenges to jurors that require a justification are called challenges__________

back 53

for cause

front 54

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

back 54

U.S. V. Miller

front 55

Challenging a jurors that do not require reasons are termed______

back 55

peremptory challenges

front 56

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

back 56

Probable cause

front 57

What happens immediately prior to a jury beginning deliberations?

back 57

the judge instructs the jury

front 58

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

back 58

4th Amendment

front 59

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

back 59

Burden of production

front 60

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

back 60

5th Amendment.

front 61

Retribution

back 61

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

front 62

Deterrence

back 62

the purpose of punishment is the prevention of future crime

front 63

severity

back 63

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

front 64

Certainty

back 64

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

front 65

Rehabilitation

back 65

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

front 66

Incapacitation

back 66

Crime can be prevented if criminals are physically restrained

front 67

Restoration

back 67

Criminal Justice should be about repairing injury

front 68

Who should decide the sentence?

back 68

Legislative sentence responsibility

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

front 69

Rehabilitation model

back 69

Wide discretion

front 70

Cruel and unusual punishment

back 70

8TH amendment

front 71

executive sentencing responsibility

back 71

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

front 72

Imprisonment

back 72

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

front 73

Probation

back 73

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

front 74

Judge

back 74

  • Informal limits of courtroom workgroup

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

front 75

Prosecutor

back 75

count or charge bargain

front 76

Defense Attorney

back 76

Trial or guilty plea

Judge shopping

communicate with prosecutor

front 77

probation officer

back 77

Supervision

front 78

Probation

back 78

before prison

front 79

Parole

back 79

After prison

front 80

Aggravating

back 80

Use of weapon

front 81

mitigating

back 81

Youth of the defendant

front 82

Law in controversy

back 82

Uncertainty and public opinion

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

front 83

Due process model

back 83

Advocates feared excessive discretion

front 84

Crime control

back 84

Advocate feared discretion reduced crime control

front 85

Appellate court

back 85

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

front 86

the purpose of Appeal

back 86

  • error correction
  • policy formulation

front 87

Dissenting opinion

back 87

explains why they believe their fellow judges reaches the wrong conclusion

front 88

Concurring opinion

back 88

judges agree with the opinion and wants to emphasize certain points

front 89

plurality opinion

back 89

limits or no precedential value because there is no majority decision