CCJ1020 Final Study Guide, Ch. 7-13

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

appellate

All states have a(n) ________.

court of last resort

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does NOT appear is known as a(n) ________.

bail bond

Release on recognizance ________.

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

What is the earliest stage of the court process at which defendant may be given formal notice of the charges against them?

First appearance

Which of the following refers to the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts?

Original jurisdiction

What is the primary purpose of the preliminary hearing?

To give defendants the opportunity to challenge the legal basis for their detention

What type of plea is most similar to a guilty plea?

Nolo contendere

A formal written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony, is known as an ________.

indictment

Which of the following cases is an example where the U.S. Supreme Court ruled that the use of antipsychotic drugs on a nonviolent offender who does not represent a danger while institutionalized must be in the defendant's best medical interest?

Sell v. U.S.

When a defendant "stands mute" at arraignment, he or she is considered to have entered a ________ plea.

not guilty

There are ________ federal judicial districts.

94

A(n) ________ laws limits the right to bail for certain kinds of offenders?

danger

Bob consigned all of his stock holdings to the court as collateral to ensure he would not abscond before trial. What type of bail did Bob post?

Property bond

________ appeals to federal appellate courts involve major questions of law and policy where there is considerable professional disagreement among the courts.

Nonconsensual

Which of the following is a purpose of bail?

To prevent unconvicted suspects from suffering imprisonment unnecessarily

Defendants who are given the option of deposit bail ________.

are required to comply with various conditions imposed by the court

While Bob was studying in the library, his wallet was stolen. When the thief was caught, Bob opted to resolve the case informally at a ________ staffed by volunteer mediators.

dispute-resolution center

TV shows like The People's Court and Judge Judy are examples of which type of court?

Courts of limited jurisdiction

Which of the following provides the first appellate level for courts of limited jurisdiction?

Courts of general jurisdiction

A drug court is an example of a(n) ________.

problem-solving court

The power of judicial review allows the U.S. Supreme Court to ________.

review lower-court decisions and state and federal statutes

U.S. district courts are the ________ for the federal court system.

trial courts

Which U.S. Supreme Court case established the Court's authority as the final interpreter of the U.S. Constitution?

Marbury v. Madison

An indictment is filed by the ________.

grand jury

A trial de novo occurs when ________.

a case is retried on appeal

When is a probable cause hearing necessary?

When the arrest was made without a warrant

A subpoena ________.

is a written order requiring an individual to appear in court

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

court reporter

A ________ jury is isolated from the public and removed from all outside influences.

sequestered

The most important form of prosecutorial discretion lies in the power to ________.

charge, or not to charge, a person with an offense

The defendant exercises choice in the court process in which of the following decisions?

Deciding what plea to enter

Which of the following is an exception to the hearsay rule?

A dying declaration

An eyewitness who saw a crime being committed is an example of a(n) ________ witness.

lay

The Missouri Plan is a ________.

plan for restructuring state courts systems to increase efficiency and reduce case backlog

Joel has been sworn in as a witness in a criminal trial. When asked about the defendant's whereabouts at the time of the crime, Joel deliberately lies to give the defendant an alibi. Joel's action is known as ________.

perjury

American criminal trial courts operate under a structure known as ________.

the adversarial system

The primary purpose of a criminal trial is to ________.

determine the guilt or innocence of a defendant

Weapons, tire tracks, and fingerprints are examples of ________ evidence.

real

The federal Speedy Trial Act allows for the dismissal of charges when a trial does NOT begin within ________ working days after indictment.

70

The judge ________.

holds ultimate authority in ruling on matters of law

The clerk of court is responsible for ________.

summoning members of the public for jury duty

________ are often considered the most forgotten people in the courtroom.

Victims

A(n) ________ provides information about the defendant's personality, family life, business acumen, and so on, in an effort to show that the defendant is not the kind of person who would commit the crime with which he or she is charged.

character witness

Which of the following is a member of the courtroom work group?

A public defender

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

Exculpatory

Mario is a criminal attorney with a private practice. He has been appointed by the court to serve as a defense attorney for an indigent defendant and receives a fee from the court at a rate set by the state government. Mario is a(n) ________ counsel.

assigned

During jury selection, challenges for cause ________.

claim that an individual juror cannot be fair or impartial

George has been accused of multiple crimes. Why would the prosecutor want to try George separately on each charge?

Trying charges separately would allow another trial on a new charge if George is found not guilty at a trial

Which type of indigent defense involves the use of full-time salaried state employees?

Public defender programs

If the prosecutor calls a witness to the stand, who conducts the redirect examination?

The prosecutor

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

beyond a reasonable doubt

What is a hung jury?

A jury that is unable to agree on a verdict

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

Legal

________ evidence requires interpretation or requires a judge or jury to reach a conclusion based on what the evidence indicates.

Circumstantial

The ________ keeps order in the courtroom and announces the judge's entry to the courtroom.

bailiff

________ is a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime.

Mandatory sentencing

Which of the following is an advantage of the imposition of fines as a criminal sanction?

Fines can be made proportionate to the seriousness of the crime.

The just deserts model of sentencing emphasizes ________.

retribution

________ is a sentencing principle that holds that an offender's criminal history should be taken into account in sentencing decisions.

Social debt

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

presentence

Based on the Supreme Court's ruling in Woodson v. North Carolina, when is a mandatory death sentence for first degree murder constitutional?

Never—mandatory application of the death penalty is unconstitutional.

Community service and home detention are examples of ________ sentencing.

alternative

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

Diversion

The protectionist argument justifying capital punishment is fairly weak because the underlying social interest can also be met by which other sentencing option?

Incarceration

What is the main priority of justice reinvestment?

Prioritizing the use of alternatives to incarceration for nonviolent offenders

Under the indeterminate sentencing model, what is the primary determinant of the amount of time served?

The inmate's behavior while incarcerated

The Supreme Court's decision in the case of Furman v. Georgia was a statement against ________.

the manner in which statutes permitted the death penalty to be imposed

Which of the following is a form of structured sentencing?

Determinate sentencing

Which of the following is a characteristic of restorative justice?

Crime has individual and social dimensions of responsibility.

The Innocence Protection Act of 2004 provides federal funds to help eliminate ________.

the backlog of unanalyzed DNA samples in crime labs

The U.S. Supreme Court has ruled that ________ must decide the facts that lead to a death sentence.

juries, not judges

What is the main limitation of the Crime Victims' Rights Act?

It only provides rights to victims of federal crimes.

What appears to be the most dramatic result of the recent emphasis on the use of mandatory sentencing and other get-tough policies?

The use of incarceration as a sentencing option has increased significantly.

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

Incapacitation

In which case did the Supreme Court approve a two-step procedure that separates the determination of guilt from the determination of the sentence?

Gregg v. Georgia

A sentence of 8 to 15 years in prison is an example of ________ sentencing.

indeterminate

Research into victim-impact statements has found that ________.

sentencing decisions are rarely affected by them

Offenders convicted of felonies in state court are most likely to receive which traditional sanction?

Imprisonment

General deterrence attempts to ________.

discourage potential offenders from committing crimes

Which of the following arguments regarding the death penalty is a retentionist rationale?

Just deserts

What effect did the USA PATRIOT Act have on the death penalty in the U.S.?

It expanded the list of federal crimes punishable by death.

The biggest drivers of rising incarceration rates in the United States are ________.

sentencing policies

Proportionality means​ that ________.

there should be a direct relationship between the severity of the sanction and the seriousness of the crime

Which of the following is a mitigating circumstance?

The offender acted under strong provocation.

Federal sentencing guidelines ________.

provide a range of punishments for a specific crime

Which of the following is one of the three most frequent violations for which probation or parole revocation occurs?

The offender abuses alcohol or drugs while under supervision.

Jack violated a condition of his parole. This resulted in parole ________ and he was returned to prison.

revocation

________ hearings determine whether parolees have violated the conditions of their parole.

Revocation

What is often described as the strictest form of probation for adults in the United States?

Intensive probation supervision

What is the most common form of criminal sentencing in the United States?

Probation

Which of the following is a prisoner reentry strategy?

Parole

Mary is sentenced to probation. The conditions she must observe apply to all probationers in the jurisdiction where she was sentenced. These are known as ________ conditions.

general

Why was the case of Griffin v. Wisconsin so significant?

Because it considers probation to be similar to incarceration and holds that the exclusionary rule does not apply

General conditions of probation ________.

apply to all probationers in a given jurisdiction

Which intermediate sanction resembles a military-style boot camp?

Shock incarceration

Under the federal home confinement program, an offender who is required to remain home at all times except for preapproved scheduled absences such as work or school has been placed under which level of restriction?

Home detention

What does research suggest about Serious Violent Offender Reentry Initiative (SVORI) programs?

Participation in SVORI programs is associated with longer times to arrest.

Which sanction requires that offenders serve some time in a local jail before serving a period of supervised probation?

Split sentence

Probation is ordered by the ________.

court