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51 Cards in this Set

  • Front
  • Back
What does it mean when a question is sustained.
It means that the question must be withdraw and the jury must disregard both the question and any response made by the witness.
What does it mean when a question is overruled.
The question is deemed proper and the questioning continues.
What are general defenses?
Justifications or excuses for criminal conduct that are applicable to all criminal offenses.
Excuse defenses
Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.
Justification defenses
Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense.
Jury nullification
Acquittal of a defendant despite facts that show guilt.
Punishment applied simply in proportion to the seriousness of the offense.
Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration).
Selective Incapitation
Identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.
Habitual offender laws
Laws that subject multiple offenders to periods of incarceration ranging up to life imprisonment, on the grounds that they must be physically separated from society in order to protect society from their criminal conduct.
Prevention of crime through the example of offenders being punished.
General detterrence
Prevention of crime among the general population.
Special deterrence
Special deterrence is aimed at preventing future crimes by a particular offender.
Rehabilitation Approach
This approach sees criminal behavior as a consequences of social or psychological shortcomings.
William v. Illinois ruled that...
Offenders cannot be held in jail beyond that maximum sentence allowed by law merely because they are unable to pay the fine.
What is a presentence report?
A report designed to help the judge decide on an appropriate sentence within the limits established by law.
True/False Studies have shown that their is a high correspondence between the probation officers recommendations contained in presentence reports and the actual sentences imposed by judges.
What are the two categories of sentencing?
Determinate and indeterminate
The Violent Crime Control and Law Enforcement Act of 1994

This is a truth in sentencing law
Requires states that wish to qualify for federal financial aid to change their laws so that offenders serve at least 85% fo their sentences.
What are the three major concerns with truth in sentencing laws?
-Extension of these sentencing provisions to noviolent crimes
-federal involvement in the states' rights to set sentences.
What is the problem with the Virginia the governor's truth in sentencing plan.
It has caused four times more nonviolent offenders than violent offenders to be incarcerated. It also increases the cost of incarceration without protecting the public from violent crimes.
U.S. v. Salerno
Stated that preventative detention without bail on grounds of predicted future dangerousness does not violate that Eight Amendment.
What is the purpose to the 8th amendment?
It bars excessive bail, excessive fines, and cruel and unusual punishment.
Furman V. Georgia
The Administration of the death penalty in Georgia constituted cruel and unusual punishment.
McCleskey V. Kemp
This case made it clear that claims of alleged discrimination in the application of the death penalty had not been resolved.
Studies with legal execution have ___ (more/less) homicides because________.
More because they "provoke" homicides by conveying a message that vengeance by means of killing is justified.
The 1996 Anti-terrorism and Effective Death Penalty Act
The 1996 Anti-terrorism and Effective Death Penalty Act places restrictions on the appeals available to offenders sentenced to death.
True/False Probation is a sentence
What is the reason why 42 states have adopted truth in sentencing laws?
They receive federal funding.
What has been the result of the truth in sentencing and the cutback of parole?
There has been an increase in the prison population and a resultant increase in cost because of the need to build more state prisons.
What is the disadvantage of sentencing guidelines?
They do not revolve around considerations of justice and management of prison populations.
What does is mean when is jury is sequestered?
Juries are housed in a hotel for the duration of the trial, and their access to television, newspapers and, media is closely monitored.
The PSI conducted by the ____ officer investigates the background of a defendant to assist the judge in determining the appropriate sentencing.
What is disparity?
A term used to describe sentences which result in offenders who commit similar crimes and who have similar histories, but receive vastly different sentences.
Evidence that suggest a defendant is guilty is ____ evidence.
Evidence that suggest a defendant is innocent is ____ evidence.
The right to have witnesses against you is in the ____ amendment.
The federal ____ hears cases involving alleged violations of federal law.
A majority of __ is necessary for a vote in the Supreme Court.
The Supreme Court of the United States hears cases through a procedure called certiorari. How many judges must approve for the court to review of the legal issue?
The assigned counsel system:
Appoints private attorneys on a case-by-case basis to represent the poor.
In the case of __________________ in 1931, the Supreme Court applied the right to counsel to defendants whoo were indigent, charged with a capital offense, and unable to defend themselves due to ignorance, illiteracy, or low intelligence.
Powell v. Alabama
0 of 5 points
Incorrect Question 4 text In 1937 the Supreme Court in the case of ___________ extended the right to counsel to all indigent, felony defendants in federal cases.
Johnson v. Zerbst
In 1945 in the case of ___________________the Supreme Court rules that the right to counsel for indigent defendants was not a fundamental right and does not apply in state cases.
Betts v. Brady
Critics of the existing methods for the provision of counsel for the indigent believe:
Government reimbursements are too low
Studies of felony defendants in the 75 largest U.S. counties found that more than _______ per cent of those convicted pleaded guilty and did not go to trial.
Question 13 text What is the primary prosecutorial justification for plea bargaining?
Plea bargaining is caused by the pressure of case loads.
Since 1980 Congress has dramatically increased the number of federal crimes especially drug and gun offenses. The result of Congressional action since 1980 has been to:
Increase the federal case load of cases that used to be handled in state courts.
True/False More than fifty per cent of offenders on bail commit additional crimes.
What are the findings of studies of plea bargaining in jurisdictions of over one million people with case loads of 40,000 compared to small jurisdiction of less than 250,000 people and caseloads of 9,000?
In both jurisdictions over ninety per cent of cases plead guilty.
Studies of prosecutorial discretion demonstrate that when discretion is limited or removes in one part of the system it:
Is replaced by greater discretion in another part of the system.