CJUS ch 9-11 Flashcards
What happens at the initial appearance if the judge does not believe there is enough evidence to establish probable cause?
The case is dismissed.
What preconviction process benefits the defense by avoiding the risk of a harsher punishment and benefits the prosecution by avoiding the risk of acquittal?
plea bargaining
Which of the following is a requirement for defendants being able to participate in problem-solving courts?
be nonviolent
What is the difference between cross-examination and redirect?
Redirection is the reexamination of a witness that occurs after the other party has completed cross-examination.
Which of the following would be included in the presentencing report?
The fact that the defendant was addicted to drugs
T or F If the appellate court overturns a conviction, the new trial is held in the state intermediate court of appeals.
False
T or F
All criminal defendants have the right to a trial by a jury of their peers.
What is the difference between an indictment and an information?
A grand jury determines probable cause to return an indictment and a judge determines a probable cause of the prosecutor to a file.
What does the Eighth Amendment prohibit?
The Eighth Amendment prohibits cruel and unusual punishment.
Provide an example of an Eighth Amendment violation.
An example would be depriving prisoners of basic necessities such as food, clothing, shelter or medical care.
What is a court’s legal authority to hear and decide a particular type of case called?
jurisdiction
What of judicial selection might require confirmation by the state legislature or an executive counsel?
gubernatorial appointment
Why would a judge accept recommendations from prosecutors, probation officers, and defense counsel, their “courtroom work group,” when making decisions in the courtroom?
They may be negatively sanctioned if they ignore the informal advice of the courtroom work group.
What methods do judges have to ensure courtroom civility among attorneys?
reporting attorneys to disciplinary boards
Which of the following would be considered improper behavior by a judge?
posting a racist cartoon on Facebook
Which of the following factors would a prosecutor take into consideration with regard to filing charges or not?
the number of counts in the complaint
What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?
prosecutorial discretion
To say that a defendant had “ineffective counsel” means that the defense attorney ______.
provided inadequate assistance that negatively impacted the outcome of the case
What is the possible strategy of a defense attorney who repeatedly asks the court for a continuance in the case?
to delay the case until publicity diminishes
Which of the following best illustrates the concept of entrapment?
An undercover police officer persuades a reluctant individual to help him steal a car.
How are federal judges selected?
They are nominated by the president and confirmed by the Senate.
A person’s desire to avoid unpleasant consequences is most closely aligned with which goal of punishment?
Deterrence
A punishment that is meant to persuade others and the person who committed the crime that crime is not worthwhile is most closely aligned with which goal of punishment?
Deterrence
Probation was launched as a part of which correctional model?
Progressive model
Which of the following would be considered an aggravating circumstance?
The person accused hired a hitman.
Which of the following sentences takes a person’s remorsefulness and amenability when inside the prison system into account?
Indeterminate sentence
Which of the following spurred the creation of federal sentencing guidelines?
Growing discontent with indeterminate sentences
In a writ of habeas corpus, what is the incarcerated person contesting?
The legality of their confinement
What is the pretrial process consisting of?
Arrest, booking, initial appearance, bail, preliminary hearing, grand jury, and arraignment.
What is the trial process consisting of?
Trial set, plea negotiations, pre-trial motions and hearings, discovery, and trial or diversion.
What is the trial protocol stages?
Opening statements, prosecution’s case, motion to dismiss, defenses case, prosecution rebuttal.
What is the trial protocols Con’d stages?
Closing arguments, jury instructions, jury deliberations and verdict, posttrial motions, sentencing, appeal.
