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Criminal Justice > Exam #3 > Flashcards

Exam #3 Flashcards

1
Q

There are ___ federal district courts.

A. ninety-four B. thirteen C. only one D. twenty-seven

A

A. ninety-four

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2
Q

There are ___ United States Circuit Courts of Appeals. A. ninety-four B. thirteen C. only one D. twenty-seven

A

B. thirteen

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3
Q

What case dealt with the issue of making the marriage between a black and a white a criminal offense? A. Mapp v. Ohio B. NAACP v. Kentucky C. Marshall v. U.S. D. Loving v. Virginia

A

D. Loving v. Virginia

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4
Q

In which case did the Supreme Court uphold reasonable drug test of employees?
A. Penny v. Lynaugh B. South Dakota v. Dole C. Michigan Department of State Police v. Stitz D. National Treasury Employees Unions v. Von Raab E. Standford v. Kentucky

A

D. National Treasury Employees Unions v. Von Raab

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5
Q

In which case did the Supreme Court uphold the right to use checkpoints to stop cars and check for drunk drivers? A. Penny v. Lynaugh B. South Dakota v. Dole C. Michigan Department of State Police v. Stitz D. National Treasury Employees Unions v. Von Raab E. Stanford v. Kentucky

A

C. Michigan Department of State Police

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6
Q

The Supreme Court ruled that employers may sometimes favor women and minorities over better-qualified men and whites in hiring and promoting to achieve better balance in their workforces in which case? A. Penny v. Lynaugh B. South Dakota v. Dole C. Michigan Department of State Police v. Stitz D. National Treasury Employees Unions v. Von Raab E. Johnson v. Transportation Agency of Santa Clara

A

E. Johnson v. Transportation Agency of Santa Clara

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7
Q

In which case did the Supreme Court uphold the right to execute defendants with mental retardation?
A. Penny v. Lynaugh B. South Dakota v. Dole C. Michigan Department of State Police v. Stitz D. National Treasury Employees Unions v. Von Raab E. Stanford v. Kentucky

A

A. Penny v Lynaugh

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8
Q

An appeal of a conviction in a federal district court is first heard by ___.
A. the state supreme court B. the federal supreme court C. the U.S. Circuit court of appeal D. the U.S. magistrate court

A

C. the U.S. Circuit court of appeal

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9
Q

What percentage of the world’s practicing and non-practicing lawyers are located in the U.S.?
A. 7% B. 25% C. 50% D. 64%

A

C. 50%

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10
Q

Attorneys and government officials who represent the people and/or the state against person accused of committing criminal acts are called ______.
A. prosecutors B. public defenders C. magistrates D. solicitors general

A

A. prosecutors

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11
Q

_____ ensure that the legal rights of an accused person are fully protected at every state in the criminal justice process. A. magistrates B. defense attorneys C. prosecutors D. clerks of court

A

B. defense attorneys

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12
Q

What percentage of all lawyers today practice criminal law on a regular basis? A. fewer than 5% B. 10% C. about 35% D. a little less than 55%

A

A. fewer than 5%

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13
Q

Which amendment guarantees an accused the right to counsel? A. fourth B. fifth C. sixth D. eighth

A

C. sixth

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14
Q

Which U.S. Supreme Court case granted defendants charged with felonies in state courts the right to an attorney? A. Gideon v. Wainright B. Argersinger v. Hamlin C. Miranda v. Arizona D. Cole v. Adler

A

A. Gideon v. Wainright

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15
Q

Which U.S. Supreme Court case expanded the right to counsel to include all cases, including misdemeanors, that may result in sentences of imprisonment? A. Gideon v. Wainright B. Argersinger v. Hamlin C. Miranda v. Arizona D. Cole v. Adler

A

B. Argersinger v. Hamlin

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16
Q

Which type of judge hears pre-trial motions, tries minor federal offenses, and issues warrants? A. magistrate B. district judges C. Justices of the Supreme Court D. Justice of the peace

A

A. magistrate

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17
Q

What are the formal requirements to become a U.S. Supreme Court Justice? A. you must be a citizen of the United States B. You must be at least 35 years of age C. You must have a law degree D. All of the above E. none of the above

A

E. none of the above

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18
Q

What are the formal requirements for a U.S. magistrate? A. you must be a lawyer and member of the state bar B. you must be a citizen of the United States C. you must be a member of the Elks Club or the Fraternal Order D. none of these

A

A. you must be a lawyer and member of the state bar

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19
Q

The state attorneys general are the chief legal officers of their jurisdictions.

A

True

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20
Q

Most of the work of the office of the State attorneys general involves criminal cases.

A

False

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21
Q

Judges do not interfere with case-flow management.

A

False

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22
Q

Trial judges are only found in courts of general jurisdiction.

A

False

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23
Q

Unlike the federal magistrates, most states do not require that magistrates of justices of the peace have law degrees or bar memberships.

A

False

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24
Q

Approximately 13% of all judges handle only criminal cases.

A

True

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25
Q

According to a recent survey of thirty larger urban jurisdictions, what percentage of all felony arrests do not go past the indictment phase? A. 15% B. 25% C. 30% D. 45%

A

D. 45%

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26
Q

What percentage of criminal cases that are not prosecuted are referred to a division program?
A. 5% B. 10% C. 20% D. almost 50%

A

A. 5%

27
Q

The removal of the defendant from the normal path of the criminal justice process to an alternative path is referred to as ______.
A. treatment B. release on recognizance C. diversion D. indictment

A

C. diversion

28
Q

A court imposed requirement for the posting of a security to obtain release of a defendant pending disposition of a criminal case is referred to as ____.
A. bail B. pre-trail release C. indictment D. release on recognizance

A

A. bail

29
Q

Which U.S. Supreme Court case held that bail must be set an amount no greater than would reasonable ensure the presence of the defendant at require court proceedings? A. U.S. v. Salerno B. Stack v. Boyle C. Batson v. Kentucky D. Carroll v. U.S.

A

B. Stack v. Boyle

30
Q

_____ is the process by which arrestees are released pending their first court appearance on a written order issued by law enforcement personnel.
A. release on recognizance B. conditional release C. citation release D. third party custody

A

C. citation release

31
Q

National studies reveal that approximately __% of all felony defendants on pretrial release were rearrested for a felony offense committed while they were on release. A. 5 B. 15 C. 25 D. 33

A

B. 15

32
Q

Which Supreme Court case upheld the constitutionality of preventive detention? A. U.S. v. Salerno B. Stack v. Boyle C. Batson v. Kentucky D. Carroll v. U.S.

A

A. U.S. v. Salerno

33
Q

According to a recent survey, what percentage of all felony arrests that led to a misdemeanor or felony charge actually went to trial? A. 6 B. 10 C. 30 D. 45

A

A. 6

34
Q

What percentage of all felony arrests that led to a misdemeanor or charge resulted in a guilty plea? A. 94% B. 67% C. 50% D. 45%

A

B. 67%

35
Q

On which amendment to the Constitution did the Supreme Court, in 1986, base its decision that the prosecution’s use of peremptory challenges to exclude blacks from jury constituted a violation of its equal protections clause? A. the second amendment B. the sixth amendment C. the fourteenth amendment D. the eighth amendment

A

C. the fourteenth amendment

36
Q

After selecting a jury, what is the next step in the trial process? A. the judge instructs the jury to the applicable laws B. the prosecutor makes an opening statement C. the defense makes an opening statement D. the prosecution calls its first witness

A

B. the prosecutor makes an opening statement

37
Q

The legal obligation of the prosecutor to prove the charges against the defendant beyond a reasonable doubt is called the ____.
A. corpus delict B. burden of proof C. motion D. habeas corpus

A

B. burden of proof

38
Q

When the appellate court sends a case back down to the original court without overturning the original ruling, the appellate court is said to have ____ the case. A. reversed B. remanded C. reversed and remanded D. modified

A

B. remanded

39
Q

Diversion can only occur after charges have been filed.

A

False

40
Q

The United States Constitution guarantees the right to an appeal in all criminal cases punishable by a term of incarceration for one year or more.

A

False

41
Q

Except for legislative provision, the prosecution has no right to appeal an adverse ruling in a criminal case.

A

True

42
Q

The theory of punishment that holds that potential offenders will refrain from committing crimes for fear of punishment is called ____. A. incapacitation B. rehabilitation C. retribution D. deterrence

A

D. deterrence

43
Q

The threat of punishment intended to induce the general public not to engage in criminal acts is called ______. A. incapacitation B. rehabilitation C. retribution D. general deterrence

A

D. general deterrence

44
Q

The threat of punishment that deters an offender from engaging in any additional criminal behavior is called _____.
A. special deterrence B. rehabilitation C. retribution D. general deterrence

A

A. special deterrence

45
Q

The targeting of high-risk and recidivistic offenders for rigorous prosecution and incarceration is called _____. A. incapacitation B. rehabilitation C. retribution D. deterrence E. selective incapacitation

A

E. selective incapacitation

46
Q

A sanction that requires an offender to cover to cost of a victim’s losses is called ______. A. a fine B. restitution C. rehabilitation D. community service E. all of them

A

B. restitution

47
Q

A model of justice aimed at the offender’s contribution to offset the harm done by the offender including reconciliation with the victims is called ____. A. the justice model B. restorative justice C. victim’s impact system D. victim’s rights

A

B. restorative justice

48
Q

A sentence prescribed by the legislature, which a judge has no choice but to impose is called _____. A. mandatory sentence B. indeterminate sentence C. determinate sentence D. parole sentence

A

A. mandatory sentence

49
Q

A system for the judicial determination of a relatively firm sentence based on specific aggravation or mitigating circumstances is called ____. A. mandatory sentence B. sentencing guidelines C. indefinite sentencing D. indeterminate sentencing

A

B. sentencing guidelines

50
Q

In the case of ______ the Supreme Court forbid imposition of the death penalty on offenders who were under eighteen years of age when their crimes were committed. A. Stanford v. Kentucky B. Roper v. Simmons C. Furman v. Georgia D. Gregg v. Georgia

A

B. Roper v. Simmons

51
Q

Special deterrence reflects punishment that deters an offender from engaging in additional criminal behavior because of the disagreeable experience of past punishment.

A

True

52
Q

Research has shown that the severity of punishment is more important than the swiftness of punishment in achieving deterrence.

A

False

53
Q

Mandatory sentences are fixed by the legislature.

A

True

54
Q

As a federal officer, if I wanted to get a search warrant, I would go to ______. A. the Supreme Court B. the appellate court C. the district court D. the federal magistrate court

A

D. the federal magistrate court

55
Q

If a person has been accused of murder he will be tried in _____. A. a trial court of limited jurisdiction B. a trial court of general jurisdiction C. an intermediate appellate court D. the Supreme Court of the state because of the seriousness of the crime

A

B. a trial court of general jurisdiction

56
Q

The _____ is the attorney and government official who prosecutes cases at the federal level.
A. solicitor general B. public defender C. magistrate D. United States attorney

A

D. United States attorney

57
Q

The chief administrative officer of the court is called the ______. A. judge B. clerk of court C. administrative law clerk D. court administrator

A

C. administrative law clerk

58
Q

What is the assigned counsel system?

A

A. A system where the judge appoints a private lawyer selected from a list of attorneys

59
Q

What is the public defender system?

A

B. A system consisting of public or nonprofit organizations with staff that provide defense services.

60
Q

To be a judge at the state level, most states require _____. A. a minimum age B. a certain number of years as a resident of the state C. membership in the state bar D. none of these E. all of these

A

E. all of these

61
Q

The first stage of trial process, where the indictment or information is read in open court and the defendant is requested to enter a plea is called the _____. A. indictment B. preliminary hearing C. arraignment D. pre-trial conference

A

C. arraignment

62
Q

What are peremptory challenges?

A

A. challenges by which a potential juror may be dismissed by either the prosecution or the defense without assignment of reason

63
Q

Which of the following statements about the right to appeal is true?

A

C. the prosecution has no right to appeal an adverse ruling in a criminal case, unless it is specifically authorized in the statute

Criminal Justice (1 decks)

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