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155 Cards in this Set

  • Front
  • Back
most defendants are detained in jail while awaiting trial
false
if Jake is convicted in the US district court and then loses his appeal in the US court of appeals, he has the right to have the US supreme court review his case
false
the purpose of a preliminary hearing is to determine the guilt of a defendant
false
a nolo contendre, or no-contest plea, at arraignment is different from a guilty plea in that it is not an admission of guilt
true
2 types of courts function in the American criminal justice system: state courts and federal courts
true
when an appeal is granted, courts within the appellate division conduct a new trial.
false
in some instances, state courts will try a case involving federal law
false
most convictions, when appealed to a higher court, will be reversed
false
there are 12 US supreme court justices
false
at least 4 us supreme court justices must vote in favor of a hearing for a case to be heard
true
plea bargaining is becoming increasingly rare, especially in urban court systems
false
an arraignment, a bail hearing, or a trial for a felony offense would be conducted at which tier of a state court system
trial court of general jurisdiction
courts that have the authority to review a decision made by a lower court are said to have
appellate jurisdiction
all of the following are true statements about the US supreme court except
once confirmed, a justice serves an eight year term
thomas henderson's decisional model describes the lower court process as
informal and decisive
on appeal, when a trial court of general jurisdiction offers a new trial instead of the review of the lower court's decision, it is giving a
trial de novo
the bail decision is made at what stage of the court process
1st appearance
in which court would a felony trial be held in the federal court system
district court
McNabb v. US formally establishes that a defendant has to appear at a first appearance within how many hours after arrest
48
which US supreme court case established the court's authority as the final interpreter of the US constitution
Marbury v. Madison
one purpose of ______ is to help ensure the reappearance of the accused at trial
bail
which of the following is not an alternative to bail?
nolo contendre
the dual court system consists of
state and federal courts
states that followed the federal court model have how many tiers
3
a state misdemeanor case is likely to start in
a trial court of limited jurisdiction
what court is the first appellate level for courts of limited jurisdiction
trial courts of general jurisdiction
which of the following does not occur at the first appearance?
a defendant has the opportunity to cross-examine witnesses
about what percentage of criminal defendants are released pending the outcome of their case
63%
which of the following statements about grand juries is false
defendants can cross-examine prosecution witnesses during a grand jury hearing
what type of plea is similar to a guilty plea
nolo contendere
what is the primary purpose of the preliminary hearing
to give the defendant the opportunity to challenge the legal basis for his or her detention
exculpatory evidence is info having a tendency to clear a person of guilt or blame
true
a prosecutor is absolutely immune from civil liability when giving advice to the police
false
suspects have the constitutional right to represent themselves
true
an indignent suspect charged with a misdemeanor for which he or she could be sentenced to a term of imprisonment has the constitutional right to be represented by counsel
true
the Missouri plan for judicial selection includes elements of judicial selection by election and appointment
true
a peremptory challenge allows attorneys to remove potential jurors, but the attorneys must give a reason for doing so
false
peremptory challenges are limited in number
true
a US supreme court case effectively made constitutional guarantees of a speedy trial applicable to state governments as well as the federal government
true
all of the following are considered professionals in the courtroom work group except:
the victim
which statement is false regarding the role of the judge in the courtroom work group?
the judge is responsible for presenting the state's case against the defendant
which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?
the prosecutor
who keeps order in the courtroom and announces the judge's entry to the courtroom?
the bailiff
which US supreme court case established the right to counsel for juvenile defendants?
In Re Gault
the federal speed trial act allows for the dismissal of charges when the prosecution does not seek indictment within 30 days of arrest, or when a trial does not begin within _____ days after indictment
70
which of the following is not a type of juror challenge?
challenge for knowledge
the _____ is a two-sided structure under which the American criminal trial court operates that pits the prosecution against the defense
adversarial system
weapons, tire tracks, and fingerprints are what type of evidence?
real evidence
court appointed defense attorneys whose fees are paid at a set rate by local or state government are also called
assigned counsel
research indicates that rehabilitation works. most offenders do not commit additional crimes after serving their sentences
false
in 2005 the US supreme court issued a decision that rendered the federal sentencing guidelines merely advisory
true
although most state felony cases are resolved by negotiated pleas, suspects charged with a federal felony usually go to trial
false
indeterminate sentencing is also sometimes called presumptive sentencing
false
specific deterrence seeks to reduce the likelihood of recidivism by convicted offenders
true
most research has clearly demonstrated that the death penalty often deters potential offenders from committing crime
false
according to the principle of equity, defendants should receive roughly the same sentence when the circumstances of the crimes they committed are similar
true
fines are one of the oldest and most widely used type of criminal sanction
true
between 1967 and 1977, a de facto moratorium existed with no executions carried out in any US jurisdiction
true
which of the following is not one of the goals of contemporary sentencing?
mitigation
which sentencing goal stresses vengeance?
retribution
separating offenders from the community furthers which sentencing goal
incapacitation
which sentencing goal is closely associated with the phrase "an eye for an eye"?
retribution
_____ deterrence seeks to reduce the likelihood of recidivism by convicted offenders.
specific
which sentencing goal attempts to make the victim "whole again"?
restoration
a sentence of 8 to 25 with the possibility of parole is an example of a?
indeterminate sentence
proportionality holds that
the severity of sanctions should bear a direct relationship to the seriousness of the crime
a model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or gain time
determinate
cooperating with the authorities, good character,and no prior record are examples of
mitigating
who is the final arbiter of the actual sentence served in a state that relies on a indeterminate sentencing scheme
the parole board
which sentencing practice specifies a sentencing range for each criminal offense
indeterminate
"truth in sentencing" guarantees that offenders will serve at least _____ percent of their sentence
85%
when a judge prior to sentencing requests info on the background of a convicted defendant, it is called a
presentence investigation
_____ fines take into account the financial resources of the offender
day
what is the primary tool of the just deserts model
imprisonment
what goal of sentencing is sometimes referred to as the "lock 'em up approach"
incapacitation
in indeterminate sentencing states, what is the primary determinant of the amount of time served
inmate behavior while incarcerated
three strikes laws are representative of
mandatory sentencing
what percentage of federal cases are the result of guilty pleas
90%
the US supreme court in its opinion, Gregg v Georgia, approved a two-step trial procedure in
death penalty cases
how many states have capital punishment laws
38
the opposite of aggravating circumstances in sentencing is
mitigating circumstances
what percentage of death row inmates are male?
98.4%
what method of execution is used in most staes
lethal injection
nationwide, approximately 89% of parolees successfully complete parole
false
of the offenders who are released on parole, only about 3% of them will be reincarcerated within 3 yrs
false
a probation officer does not need a search warrant or probable cause to search probationer's residence
true
because federal probation officers are not law enforcement officers they have no authority to arrest
false
offenders who have been paroled generally avoid serving time in prison, while probationers are incarcerated before release
false
if a probationer does not claim a right to self-incrimination, any statements made to a probation officer may be used as evidence
true
which of the following statements about probation is false
convicted murderers and rapists cannot be sentenced to probation
which intermediate sanction resembles a military-style boot camp?
shock incarceration
revocation of probation of parole
requires a hearing before a legally constituted hearing body to determine if the conditions of probation or parole were violated
in Simmons v. California, the US supreme court held that
the police may search a parolee for the sole reason that he or she is on parole
the serious violent offender reentry initiative (svori) has found that _____ reduce recidivism
vocational and work release programs improve job skills and will
probation is ordered by the ...
court
which US supreme court decision ruled that probation officers may search a probationer's residence without a search warrant
Griffin v. Wisconsin
what is the most common form of criminal sentencing in the US
probation
nationwide, approximately what percentage of inmates successfully complete parole
46%
which of the following is not one of the most frequent violations for which revocation occurs?
armed robbery
which typed of sentence requires that offenders serve time in a local jail before a period of supervised probation
split sentence
which of the following intermediate sanctions exposes offenders to highly regimented environment involving strict discipline, physical training, and hard labor?
shock incarceration
what kind of parole hearing determines whether the parolee has violated the conditions of his or her parole?
revocation hearing
design capacity refers to what the prison can accommodate according to experts
false
_____ incapacitation seeks to identify the most dangerous criminals
selective
which of the following is not a dimension that can be used to measure prison crowding
the prison's fiscal budget
the number of privileges given to inmates continues to increase
false
which of the following SC cases held that correctional officers employed by a private firm are not entitled to qualified immunity from suits from prisoners?
richardson v. mcknight
most states use a _____ system to assign inmates to custody levels
classification
most states have one large _____ institution
centrally located maximum-security
violent offenders cannot be incarcerated in a minimum-security facility
false
_____ incapacitation is a strategy that would imprison almost all serious offenders
collective
which level of security is highest within the federal prison system
administrative maximum
a prison is a confinement facility administered by an agency of local government
false
what state became the first in modern times to reinstitute the use of the prison chain gang
alabama
more politically conservative states make less use of imprisonment than more liberal states
false
most people processed through the countries jails are white
false
in 2003 the US had how many county jails
3,360
the largest growth group in jails nationwide is
females
whites are incarcerated at lower rates than blacks
true
which term refers to the size of the inmate population a facility can handle according to the judgment of experts
rated capacity
_____ capacity is the number of inmates that a facility can effectively accommodate based on an approval of the institution's staff, programs and services.
operational
which of the following is a latin term meaning "after the fact"?
ex post facto
medium and low security facilities in the federal prison system are called
federal correctional institutions
the typical Amerian prison today is
minimum or medium custody
operational capacity is
the # of inmates a prison can effectively accommodate based upon management considerations
how many institutions are there in the federal prison system
103
inmates are generally housed in dormitory-like settings and are free to walk the yard in _____ security institutions
minimum
death-row inmates are placed in minimum security institutions
false
jails that are built and run using the combined resources of a variety of local jurisdictions are called
regional jails
_____ becomes more important in direct supervision jails, where relationships are more complex
training and supervision
between 1991 and 2005 the national crime rate decreased 32% while the rate of incarceration increased 61%
true
which of the following statements about jail is false?
the # of males sentenced to jail is growing much faster than the # of females sentenced to jail
the majority of the country' s jail inmates are
members of minority groups
the use of prison chain gangs, the abolition of parole, and an emphasis on individual responsibility and punishment are aspects of the _____ model of imprisonment
justice
a small percentage of jail facilities, about 6%, house more than half of all jail inmates
true
which level of prison security often has chain-link fences topped with barbed wire?
medium-security
the number of inmates held in private prisons is slowly decreasing
false
what is the primary force holding inmates in minimum security prisons
their own restraint
how many security levels are there in the federal prison system
5
_____ is the most secure prison ever built by the federal government
the ADMAX at Florence, Colorado
female officers working in jails
are disproportionately skewed towards jobs in the lower ranks
jails have been called the _____ of the criminal justice system
shame
inmates in maximum-security prisons are generally housed in dormitory-like settings
false
which supreme court case held that overcrowding in prisons is not by itself cruel and unusual
Rhodes v. Chapman
All the states in America tend to use imprisonment at about the same rate
false
high-security facilities in the federal prison are called
US Penitentiaries
women account for about what % of the country's jail populations?
13%
what is the name of the jail strategy that joins "pod architecture" with a participative, proactive management philosophy?
direct supervision
most people sentenced to federal prison have been convicted of _____ crimes.
drug
the operational capacity of a prison is the number of inmates a prison was intended to hold when it was built?
false
all death row inmates are held in _____ prisons.
maximum-security
_____ capacity refers to the inmate population the institution was originally built to handle.
design
since 1980, the prison population has
quadrupled
inmates have a reasonable expectation of privacy in their cells under the 4th Amendment
false
in regard to religious freedom, prisoners must be given
a "reasonable opportunity" to pursue their fath