Exit CJ Exam Flashcards
Who or what component of the court system is tasked with the following: charging suspects with a criminal offense, recommending bail or detention, negotiating a plea deal, and recommending sentences?
Prosecutor
Who or what component of the court system is tasked with the following: accept/reject negotiated pleas, suspend a sentence, sentence to probation, and hand down maximum/minimum sentences.?
Judge
What would be a normal sentence range for a criminal convicted of sexual assault.
190 months
A misdemeanor can be defined by what length of a sentence to incarceration in prison or jail?
Sentenced to jail for up to one year or less
Explain the concept of the presumption of innocence in the U.S. criminal justice system.
According to the Govt., the government always has the burden to justify its use of power even against people who turn out to be guilty.
Lead by Chief Justice Earl Warren the U.S. Supreme Court adopted an ambitious agenda over years that expanded the rights of criminal defendants and increased protection for defendents. During which years did this occur in the U.S.? By what name do we commonly refer to this period and this series of SCOTUS decisions?
- 1953-1969
- Warren Court era
What does the term Probable Cause to Arrest mean in our criminal justice system?
a legal standard that requires police officers to have sufficient evidence to believe that a suspect has committed a crime before making an arrest
What was the result of the Katz v. U.S. (1967) U.S. Supreme Court decision?
invalidated the FBI’s wiretap evidence and overturned Katz’s criminal conviction
Explain the concept of the plain-view doctrine.
Which allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible.
* Example: Officer gets a phone call that the neighbors are being loud. He responds to the call and as he is walking in, he smells marijuana. He knocks the door and sees the person with a marijuana cigarette in his hands.
What was the result of the Schneckloth v. Bustamante (1973) U.S. Supreme Court decision?
The court ruled that although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state doesn’t need to prove that the person who granted consent to search knew of right to refuse consent under the 4th Amendment
What was the result of the Miranda v. Arizona U.S. Supreme Court decision?
Case that decided that suspects must be given their 4 warnings before an office can interrogate a suspect in custody
What was the result of the U.S. v. Banks (2003) U.S. Supreme Court decision?
Officers must execute a warrant legitimately enter a home 15-20 sec after having announced their presence
Describe the primary duties of Supreme courts.
interpret the law and defend the Constitution
What is the constitutional duty of defense lawyers?
They must make sure that the govt. proves every element of its case beyond a reasonable doubt
How many justices sit on the United States Supreme Court?
9
What is proof beyond a reasonable doubt?
The prosecution must convince the jury that there’s no other reasonable explanation that can come from the evidence presented at trial
* thereby overcoming the presumption that a person is innocent until proven guilty.
The courtroom workgroup (prosecutors, defense lawyers, and judges) have different emphases when considering plea bargains. Explain what we mean by plea bargaining.
Is when a legal negotiation between the prosecution and the defense, where the defendant agrees to plead guilty to a lesser charge or to one or more of the charges in exchange for a more lenient sentence
Explain the concept of sentence probation to the community in lieu of incarceration in a jail or prison.
It is a court-ordered period of supervision served in the community, where the defendant must agree to and follow certain conditions to avoid imprisonment
What is the primary purpose of probation?
To rehabilitate the defendant, protect society from further criminal conduct by the defendant and to protect the rights of the victim
Have the prison populations in the U.S. been remarkably stable over the last one hundred years?
No
Describe the differences between Maximum, Medium, and Minimum security prisons.
Minimum “Federal Prison Camps”
* home to inmates who are serving time for non-violent offenses
* offer dormitory-style housing, low intmate-to-correctional officer ration, & little to no perimeter fence
* less than 10 yrs left on their sentences with little to no history of violence
Medium “Federal Correctional Institutions”
* houses their inmates in cells
* enclosed with multiple fences, spools of razor wire, and armed perimeter automobiles that survey the perimeter 24/7
* offer their inmates a nice variety of treatment and work programs, inmate-to-correctional officer ratio is a lot higher
* sentences up to 30 yrs to complete
Maximum “United States Penitentiaries”
* highest level of security in the United States
* a tightly secured border and are home to the most dangerous criminals
* enclosed with multiple fences, spools of razor wire, and armed perimeter automobiles that survey the perimeter 24/7
* sentences of more than 30 yrs to complete
What is the primary the difference between a prison and a jail?
Prisons: convicted of crimes with long term > year
Jails: administered by county governments and charged with new crimes, awaiting trail, new crimes > year sentence or innocent
What are the contemporary recidivism rates in the U.S. for criminals after their release from prison?
The vast majority - over 90% - of offenders who are released from prison eventually commit other crimes and return to prison
Describe the differences between the National Crime Victimization Survey (NCVS) and the Uniform Crime Reporting (UCR) Program
NCVS = household surveys based on a sample of questions that are asked to a household of people 12 years old or older if they have been a victim of a crime. Doesn’t include murder or business crimes, however, it does include the rest of the index crimes.
UCR = The FBI collects data on crimes in the US. All of the local law departments report these crimes to the FBI. Involves 8 index crimes
Consensus theory
see crime as unusual, dysfunctional, and believe something has ‘gone wrong’ for the people who commit crime
Social Control Theory
posits that people’s relationships, commitments, values, norms, and beliefs encourage them not to break the law