Criminal Justice Chapter 13

Front 1

What does it mean when a question is sustained.

Back 1

It means that the question must be withdraw and the jury must disregard both the question and any response made by the witness.

Front 2

What does it mean when a question is overruled.

Back 2

The question is deemed proper and the questioning continues.

Front 3

What are general defenses?

Back 3

Justifications or excuses for criminal conduct that are applicable to all criminal offenses.

Front 4

Excuse defenses

Back 4

Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.

Front 5

Justification defenses

Back 5

Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense.

Front 6

Jury nullification

Back 6

Acquittal of a defendant despite facts that show guilt.

Front 7

Retribution

Back 7

Punishment applied simply in proportion to the seriousness of the offense.

Front 8

Incapacitation

Back 8

Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration).

Front 9

Selective Incapitation

Back 9

Identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.

Front 10

Habitual offender laws

Back 10

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.

Front 11

Detterence

Back 11

Prevention of crime through the example of offenders being punished.

Front 12

General detterrence

Back 12

Prevention of crime among the general population.

Front 13

Special deterrence

Back 13

Special deterrence is aimed at preventing future crimes by a particular offender.

Front 14

Rehabilitation Approach

Back 14

This approach sees criminal behavior as a consequences of social or psychological shortcomings.

Front 15

William v. Illinois ruled that...

Back 15

Offenders cannot be held in jail beyond that maximum sentence allowed by law merely because they are unable to pay the fine.

Front 16

What is a presentence report?

Back 16

A report designed to help the judge decide on an appropriate sentence within the limits established by law.

Front 17

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.

Back 17

True

Front 18

What are the two categories of sentencing?

Back 18

Determinate and indeterminate

Front 19

The Violent Crime Control and Law Enforcement Act of 1994

This is a truth in sentencing law

Back 19

Requires states that wish to qualify for federal financial aid to change their laws so that offenders serve at least 85% fo their sentences.

Front 20

What are the three major concerns with truth in sentencing laws?

Back 20

-Cost
-Extension of these sentencing provisions to noviolent crimes
-federal involvement in the states' rights to set sentences.

Front 21

What is the problem with the Virginia the governor's truth in sentencing plan.

Back 21

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.

Front 22

U.S. v. Salerno

Back 22

Stated that preventative detention without bail on grounds of predicted future dangerousness does not violate that Eight Amendment.

Front 23

What is the purpose to the 8th amendment?

Back 23

It bars excessive bail, excessive fines, and cruel and unusual punishment.

Front 24

Furman V. Georgia

Back 24

The Administration of the death penalty in Georgia constituted cruel and unusual punishment.

Front 25

McCleskey V. Kemp

Back 25

This case made it clear that claims of alleged discrimination in the application of the death penalty had not been resolved.

Front 26

Studies with legal execution have ___ (more/less) homicides because________.

Back 26

More because they "provoke" homicides by conveying a message that vengeance by means of killing is justified.

Front 27

The 1996 Anti-terrorism and Effective Death Penalty Act

Back 27

The 1996 Anti-terrorism and Effective Death Penalty Act places restrictions on the appeals available to offenders sentenced to death.

Front 28

True/False Probation is a sentence

Back 28

True

Front 29

What is the reason why 42 states have adopted truth in sentencing laws?

Back 29

They receive federal funding.

Front 30

What has been the result of the truth in sentencing and the cutback of parole?

Back 30

There has been an increase in the prison population and a resultant increase in cost because of the need to build more state prisons.

Front 31

What is the disadvantage of sentencing guidelines?

Back 31

They do not revolve around considerations of justice and management of prison populations.

Front 32

What does is mean when is jury is sequestered?

Back 32

Juries are housed in a hotel for the duration of the trial, and their access to television, newspapers and, media is closely monitored.

Front 33

The PSI conducted by the ____ officer investigates the background of a defendant to assist the judge in determining the appropriate sentencing.

Back 33

Probation

Front 34

What is disparity?

Back 34

A term used to describe sentences which result in offenders who commit similar crimes and who have similar histories, but receive vastly different sentences.

Front 35

Evidence that suggest a defendant is guilty is ____ evidence.

Back 35

inculpitory

Front 36

Evidence that suggest a defendant is innocent is ____ evidence.

Back 36

exculpatory

Front 37

The right to have witnesses against you is in the ____ amendment.

Back 37

6th

Front 38

The federal ____ hears cases involving alleged violations of federal law.

Back 38

appellate

Front 39

A majority of __ is necessary for a vote in the Supreme Court.

Back 39

5

Front 40

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?

Back 40

4

Front 41

The assigned counsel system:

Back 41

Appoints private attorneys on a case-by-case basis to represent the poor.

Front 42

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.

Back 42

Powell v. Alabama

Front 43

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.

Back 43

Johnson v. Zerbst

Front 44

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.

Back 44

Betts v. Brady

Front 45

Critics of the existing methods for the provision of counsel for the indigent believe:

Back 45

Government reimbursements are too low

Front 46

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.

Back 46

90

Front 47

Question 13 text What is the primary prosecutorial justification for plea bargaining?

Back 47

Plea bargaining is caused by the pressure of case loads.

Front 48

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:

Back 48

Increase the federal case load of cases that used to be handled in state courts.

Front 49

True/False More than fifty per cent of offenders on bail commit additional crimes.

Back 49

False

Front 50

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?

Back 50

In both jurisdictions over ninety per cent of cases plead guilty.

Front 51

Studies of prosecutorial discretion demonstrate that when discretion is limited or removes in one part of the system it:

Back 51

Is replaced by greater discretion in another part of the system.