CJUS ch 9-11

Question 1

What happens at the initial appearance if the judge does not believe there is enough evidence to establish probable cause?

Answer 1

The case is dismissed.

Question 2

What preconviction process benefits the defense by avoiding the risk of a harsher punishment and benefits the prosecution by avoiding the risk of acquittal?

Answer 2

plea bargaining

Question 3

Which of the following is a requirement for defendants being able to participate in problem-solving courts?

Answer 3

be nonviolent

Question 4

What is the difference between cross-examination and redirect?

Answer 4

Redirection is the reexamination of a witness that occurs after the other party has completed cross-examination.

Question 5

Which of the following would be included in the presentencing report?

Answer 5

The fact that the defendant was addicted to drugs

Question 6

T or F If the appellate court overturns a conviction, the new trial is held in the state intermediate court of appeals.

Answer 6

False

Question 7

T or F

Answer 7

All criminal defendants have the right to a trial by a jury of their peers.

Question 8

What is the difference between an indictment and an information?

Answer 8

A grand jury determines probable cause to return an indictment and a judge determines a probable cause of the prosecutor to a file.

Question 9

What does the Eighth Amendment prohibit?

Answer 9

The Eighth Amendment prohibits cruel and unusual punishment.

Question 10

Provide an example of an Eighth Amendment violation.

Answer 10

An example would be depriving prisoners of basic necessities such as food, clothing, shelter or medical care.

Question 11

What is a court’s legal authority to hear and decide a particular type of case called?

Answer 11

jurisdiction

Question 12

What of judicial selection might require confirmation by the state legislature or an executive counsel?

Answer 12

gubernatorial appointment

Question 13

Why would a judge accept recommendations from prosecutors, probation officers, and defense counsel, their “courtroom work group,” when making decisions in the courtroom?

Answer 13

They may be negatively sanctioned if they ignore the informal advice of the courtroom work group.

Question 14

What methods do judges have to ensure courtroom civility among attorneys?

Answer 14

reporting attorneys to disciplinary boards

Question 15

Which of the following would be considered improper behavior by a judge?

Answer 15

posting a racist cartoon on Facebook

Question 16

Which of the following factors would a prosecutor take into consideration with regard to filing charges or not?

Answer 16

the number of counts in the complaint

Question 17

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

Answer 17

prosecutorial discretion

Question 18

To say that a defendant had “ineffective counsel” means that the defense attorney ______.

Answer 18

provided inadequate assistance that negatively impacted the outcome of the case

Question 19

What is the possible strategy of a defense attorney who repeatedly asks the court for a continuance in the case?

Answer 19

to delay the case until publicity diminishes

Question 20

Which of the following best illustrates the concept of entrapment?

Answer 20

An undercover police officer persuades a reluctant individual to help him steal a car.

Question 21

How are federal judges selected?

Answer 21

They are nominated by the president and confirmed by the Senate.

Question 22

A person’s desire to avoid unpleasant consequences is most closely aligned with which goal of punishment?

Answer 22

Deterrence

Question 23

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?

Answer 23

Deterrence

Question 24

Probation was launched as a part of which correctional model?

Answer 24

Progressive model

Question 25

Which of the following would be considered an aggravating circumstance?

Answer 25

The person accused hired a hitman.

Question 26

Which of the following sentences takes a person’s remorsefulness and amenability when inside the prison system into account?

Answer 26

Indeterminate sentence

Question 27

Which of the following spurred the creation of federal sentencing guidelines?

Answer 27

Growing discontent with indeterminate sentences

Question 28

In a writ of habeas corpus, what is the incarcerated person contesting?

Answer 28

The legality of their confinement

Question 29

What is the pretrial process consisting of?

Answer 29

Arrest, booking, initial appearance, bail, preliminary hearing, grand jury, and arraignment.

Question 30

What is the trial process consisting of?

Answer 30

Trial set, plea negotiations, pre-trial motions and hearings, discovery, and trial or diversion.

Question 31

What is the trial protocol stages?

Answer 31

Opening statements, prosecution’s case, motion to dismiss, defenses case, prosecution rebuttal.

Question 32

What is the trial protocols Con’d stages?

Answer 32

Closing arguments, jury instructions, jury deliberations and verdict, posttrial motions, sentencing, appeal.