Acc Lea Exam #1 Study

Front 1

True or false.

The conflict model assumes that the criminal justice system's subcomponents function primarily to serve their own interests.

Back 1

True.

Front 2

True or false.

An indictment is a formal written accusation submitted to the court by a grand jury alleging that a specific person has committed a specified offense.

Back 2

True.

Front 3

True or false.

A concurrent sentence is one that consists of two or more sentences that have been imposed simultaneously after conviction for more than one offense, and that are to be served at the same time.

Back 3

True.

Front 4

True or false.

All states require a jury trial, even for less serious offenses.

Back 4

False.

Front 5

True or false.

Every criminal defendant, even those who commit petty offenses, has a right under the 6th amendment to the US Constitution to a trial by jury.

Back 5

False.

Front 6

True of false.

A trial is the examination of the issues of fact and law in a case for the purpose of reaching judgment, or conviction, or acquittal of the defendant.

Back 6

True.

Front 7

True or false.

Public-order advocates believe the interests of society take precedent over individual rights.

Back 7

True.

Front 8

True or false.

Public-order advocates seek to protect personal freedoms within the process of criminal justice.

Back 8

False.

Front 9

True or false.

Social justice is an ideal that embraces all aspects of civilized life.

Back 9

True.

Front 10

True or false.

Civil justice concerns itself with fairness in relationships among citizens, government agencies, and businesses in private matters, that involve contractual obligations, business dealings, and equality of treatment.

Back 10

True.

Front 11

True or false.

The systems model of criminal justice is an accurate representation of how the system works.

Back 11

False.

Front 12

True or false.

Once an offender has been sentenced, the corrections stage begins.

Back 12

True.

Front 13

True or false.

A consecutive sentence allows the offender to serve two or more sentences at the same time.

Back 13

False.

Front 14

True or false.

Trials are expensive and time-consuming processes.

Back 14

True.

Front 15

True or False.

Guilty pleas are always accepted by judges.

Back 15

False.

Front 16

Which criminal justice model assumes that the system's subcomponents work together harmoniously to achieve the social product we call justice?

Back 16

The Consensus Model.

Front 17

At which stage in the criminal justice process does the defendant enter a plea?

Back 17

Arraignment.

Front 18

What is not an acceptable plea at arraignment?

Back 18

Continuance.

Front 19

Which state in the criminal justice process involves taking pictures and fingerprints of the suspect?

Back 19

Booking.

Front 20

The preliminary hearing is used to decide what three things?

Back 20

Reasonable grounds to believe the defendant committed the crime, whether or not a crime was committed, and whether it occurred within that court's jurisdiction.

Front 21

Who returns an indictment?

Back 21

The Grand Jury.

Front 22

What is defined as the principal of fairness or the ideal of moral equity?

Back 22

Justice.

Front 23

What are the three basic divisions of the criminal justice system?

Back 23

Police, Courts, and Corrections.

Front 24

What is the necessary level of belief that allows the police to make an arrest?

Back 24

Probable Cause.

Front 25

What does the modern justice process begin with?

Back 25

Investigation.

Front 26

Defendants are usually advised of their constitutional rights as enumerated in which famous Supreme Court decision?

Back 26

Miranda v. Arizona.

Front 27

Which advocates support the protection of personal freedoms and civil rights?

Back 27

Individual rights advocates.

Front 28

When an offender receives a ___________ sentence, he or she serves one sentence after another is completed.

Back 28

Consecutive.

Front 29

Which advocates support the interests of society over those of an individual?

Back 29

Public-order advocates.

Front 30

An offender who has served a specified portion of a prison sentence may be freed on what?

Back 30

Parole.

Front 31

Is "right to bail" a right stated in the Miranda warning?

Back 31

No.

Front 32

In the criminal process, a(n) ___________ has to occur before a(n) ___________ can take place.

Back 32

An arrest, and booking.

Front 33

What percentage of sentences are imposed in criminal cases because of guilty pleas rather than trials?

Back 33

82%.

Front 34

Because it is concerned only with violations of law, criminal justice has a more narrow focus than...

Back 34

Social Justice.

Front 35

Which model of criminal justice assumes that the efforts of the component parts of the system are fragmented, leading to a criminal justice nonsystem?

Back 35

The Conflict Model.

Front 36

If a defendant "stands mute" at his/her arraignment, what plea will be entered by the judge?

Back 36

Not guilty.

Front 37

Bail is usually set at which stage?

Back 37

First appearance in front of the judge.

Front 38

Which constitutional amendment is concerned with a criminal defendant's right to a jury trial?

Back 38

The Sixth Amendment.

Front 39

What are understandings built up through common usage and also to decisions rendered by courts in previous cases called?

Back 39

Common Law.

Front 40

What percentage of people arrested by the police are eventually convicted?

Back 40

50%.

Front 41

Jake Robinson was convicted on a burglary and a drug offense. He was given a sentence of six years in prison for both offenses. These sentences were to run concurrently. How many years would he spend in prison?

Back 41

Six years in prison.

Front 42

Which Supreme Court case holds that a defendant who committed a petty crime may be entitled to a jury trial if he or she can show that additional penalties viewed together with the maximum prison term are so severe that the legislators determined that the offense is a severe one?

Back 42

Blanton v. Las Vegas.

Front 43

According to the VRA, all victims of crime should be treated with what three things?

Back 43

Fairness, Dignity, and Respect.

Front 44

Per Colorado Constitution, victims of crimes have the right to what three provisions throughout all critical stages of the criminal justice process?

Back 44

1. To be heard when relevant.

2. To be informed.

3. To be present at all critical stages of the criminal justice process.

Front 45

The Colorado VRA went into effect in what year?

Back 45

January 14th, 1993.

Front 46

What is secondary wounding?

Back 46

When the victim feels victimized a second time by the system.

Front 47

What are three ways in which a victim may receive a secondary wound?

Back 47

Victim Blaming, Disbelief, and Denying Assistance.

Front 48

Which crimes fall under the VRA?

Back 48

Incest, Assault, Rape, Ethnic intimidation, Indecent exposure, Child Abuse, Kidnapping, Domestic Violence, Stalking, Murder, and Robbery.

Front 49

What are five of the critical stages?

Back 49

1. Filing of charges.

2. Trial.

3. Sentencing.

4. Modification of sentence.

5. Appeals.

Front 50

What are the four entities within the criminal justice system charged with assuring victims of their rights?

Back 50

Law Enforcement, the District Attorney, Judges and Courts, and Corrections.

Front 51

Who is responsible for enforcing compliance with the VRA?

Back 51

The VRA Subcommittee.

Front 52

What are four losses for which victims might be compensated under the Colorado Crime Victim Compensation Act?

Back 52

Medical Bills, Loss of support, Funeral bills, or new door/window locks.

Front 53

True or false.

All victims of crimes are covered under the VRA.

Back 53

False.

Front 54

True or false.

All criminal justice agencies have some responsibility to provide victims' rights.

Back 54

True.

Front 55

True or false.

A victim who is deceased has a way to have their rights provided under the amendment.

Back 55

True.

Front 56

True or false.

If a police officer informs a victim of his or her rights at the time of the accused's arrest, the victim need not be contacted further by other agencies in the system.

Back 56

False.

Front 57

True or false.

A victim has up to three years after the commission of a crime to apply for victim compensation funds.

Back 57

False.

Front 58

True or false.

A victim must make a statement at sentencing.

Back 58

False.

Front 59

True or false.

A victim may request to be informed of and heard at any reconsideration or modification of sentence haring or early release from probation.

Back 59

True.

Front 60

True or false.

All states have a constitutional victim rights amendment.

Back 60

False.

Front 61

True or false.

Under the VRA, the defendant's attorney is required to provide information and assistance to the victim.

Back 61

True.

Front 62

True or false.

Prosecutors are required to assist the defense in building its case by making available any evidence in their possession.

Back 62

True.

Front 63

True or false.

A prosecutor is absolutely immune from civil liability when giving advice to the police and initiating a prosecution against a suspect.

Back 63

False.

Front 64

True or false.

Most defendants are represented by a private attorney through all stages of the court process.

Back 64

False.

Front 65

True or false.

Suspects have the Constitutional right to defend themselves.

Back 65

True.

Front 66

True or false.

An indigent suspect charged with a misdemeanor for which he or she could be sentence to a term of imprisonment has the constitutional right to be represented by counsel.

Back 66

True.

Front 67

True or false.

By law and judicial precedent, television cameras are permitted in state and federal courtrooms, including the US Supreme Court.

Back 67

False.

Front 68

True or false.

The Missouri plan for judicial selection includes elements of judicial selection by election and appointment.

Back 68

True.

Front 69

True or false.

The "golden age" of crime victims refers to a time during the Middle Ages when victims played a central role in trial and sentencing proceedings.

Back 69

True.

Front 70

True or false.

Two court systems coexist in America: Felony Courts and Misdemeanor Courts.

Back 70

False.

Front 71

True or false.

An appeal by a convicted defendant forces the court to conduct a new trial.

Back 71

False.

Front 72

True or false.

In some instances, state courts will try a case involving federal law.

Back 72

False.

Front 73

True or false.

Thomas Henderson found that misdemeanor courts process cases according to a decisional model, and courts of general jurisdiction process cases according to a procedural model.

Back 73

True.

Front 74

True or false.

The Keeney and Herrera decisions have severely limited access by state defendants to federal courts.

Back 74

True.

Front 75

True or false.

Most convictions, when appealed to a higher court, will be reversed.

Back 75

False.

Front 76

True or false.

Every state has exactly one federal district court.

Back 76

False.

Front 77

True or false.

At least four US Supreme Court justices must vote in favor of a hearing for a case to be heard.

Back 77

True.

Front 78

True or false.

Although defendants have the right to an attorney at trial, the US Supreme Court has not extended this right to be represented by counsel at a first appearance.

Back 78

False.

Front 79

True or false.

Victims are considered a professional in the courtroom work group.

Back 79

False.

Front 80

Which US Supreme Court case forces the prosecution to disclose any evidence that the defense requests?

Back 80

US v. Bagley.

Front 81

True or false.

The judge is responsible for presenting the state's case against the defendant.

Back 81

False.

Front 82

Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?

Back 82

The Prosecutor.

Front 83

True or false.

The role of a defense attorney includes being a quasi-legal advisor to the police.

Back 83

False.

Front 84

Which US Supreme Court case established the right to counsel for indigent defendants in federal court proceedings?

Back 84

Johnson v. Zerbst.

Front 85

Which US Supreme Court case established the right to counsel for indigent defendants in state felony court proceedings?

Back 85

Gideon v. Wainwright.

Front 86

Who keeps order in the courtroom and announces to judge's entry to the courtroom?

Back 86

The Bailiff.

Front 87

Which US Supreme Court case established the right to counsel for juvenile defendants?

Back 87

In re Gault.

Front 88

What is the most widely used system of indigent defense?

Back 88

Court-appointed defense attorneys.

Front 89

True or false.

Public defenders are full-time salaried staff.

Back 89

True.

Front 90

Who is responsible for summoning members of the public for jury duty and subpoenaing witnesses for the prosecution and the defense?

Back 90

The clerk of the court.

Front 91

An arraignment, a bail hearing, or a trial for a felony offense would be conducted at which tier of a state court system?

Back 91

Trial court of general jurisdiction.

Front 92

Courts that have the authority to review a decision made by a lower court are said to have which kind of jurisdiction?

Back 92

Appellate jurisdiction.

Front 93

True or false.

Once confirmed, a US Supreme Court justice serves an eight-year term.

Back 93

False.

Front 94

Which US Supreme Court case held that evidence of innocence is no reason to order a new state trial when constitutional grounds are lacking?

Back 94

Herrera v. Collins.

Front 95

Thomas Henderson's decisional model describes the lower court process as what three things?

Back 95

Informal, personal, and decisive.

Front 96

When a trial court of general jurisdiction offers a new trial instead of appellate review of a lower court's decision, it is giving it a what?

Back 96

Trial de novo.

Front 97

Which of the following federal offices is responsible for administering the federal court system?

Back 97

Administrative Office of the United States Courts.

Front 98

How many district courts are there in the federal court system?

Back 98

94.

Front 99

In which court would a felony trial be held in the federal court system?

Back 99

District Court.

Front 100

How many regional intermediate appellate courts are there in the federal system?

Back 100

12.

Front 101

Which US Supreme Court case established the Court's authority as the final interpreter of the US Constitution?

Back 101

Marbury v. Madison.

Front 102

Adam Viver had his wallet stolen while he was eating lunch at a university cafeteria. When the man stole his wallet was caught, Adam opted to resolve the disagreement informally. The disposition of his case was probably heard at what kind of center?

Back 102

A dispute-resolution center.

Front 103

The dual-court system consists of what two types of courts?

Back 103

State and Federal Courts.

Front 104

As state courts developed, what court model was copied by most states?

Back 104

New York State Field Code of 1848.

Front 105

States that followed the federal court model have how many tiers?

Back 105

Three tiers.

Front 106

A state misdemeanor case is likely to start in what kind of trial court?

Back 106

A trial court of limited jurisdiction.

Front 107

True or false.

Cases can be reserved only by jury trials.

Back 107

False.

Front 108

Thomas Henderson, in his analysis of court characteristics, found that misdemeanor courts process cases according to which kind of model?

Back 108

A decisional model.

Front 109

What court of the first appellate level for courts of limited jurisdiction?

Back 109

Trial courts of general jurisdiction.

Front 110

Thomas Henderson describes trial courts of general jurisdiction according to which kind of model?

Back 110

A procedural model.

Front 111

How many states have intermediate appellate courts?

Back 111

39.

Front 112

What state had the first court administrator?

Back 112

New Jersey.

Front 113

True or false.

Bailiffs are considered nonprofessionals in the courtroom work group.

Back 113

False.

Front 114

A motion for __________ asks the court to move the trail to some other area where prejudice against a defendant is less likely.

Back 114

Change of venue.

Front 115

True or false.

Almost all states require that judges in appellate and general jurisdiction courts must have practiced law as a criminal defense attorney.

Back 115

False.

Front 116

Which organization provides specialized training to judges and is located on the campus of the University of Nevada at Reno?

Back 116

The National Judicial College.

Front 117

How many states provide mechanisms for dealing with complaints about judicial conduct?

Back 117

All 50.

Front 118

What act specifies the procedures to register complaints against federal judges?

Back 118

Judicial Councils Reform and Judicial Conduct and Disability Act.

Front 119

True or false.

"Assigned counsel" is another name for a prosecuting attorney.

Back 119

False.

Front 120

Which US Supreme Court case established that the prosecution is required to disclose to the defense exculpatory evidence that directly relates to claims of either guilt or innocence?

Back 120

Brady v. Maryland.

Front 121

Which US Supreme Court case provided the basis for thinking that prosecutors enjoyed the same immunity against liability that judges do?

Back 121

Imbler v. Pachtman.

Front 122

Research indicates that prosecutors have a "built-in" tendency to be lenient toward ________ defendants but discriminate against ________ defendants.

Back 122

Female; minority.

Front 123

True or false.

A private attorney is one who works for a law firm.

Back 123

True.

Front 124

True or false.

A defendant would be entitled to counsel if he/she were too poor to afford an attorney in each of the following situations except if she were charged with a misdemeanor with a maximum penalty of $100 fine.

Back 124

True.

Front 125

What percentage of state jurisdictions use public defender systems exclusively to provide indigent defense?

Back 125

28%.

Front 126

Faretta v. California supports the defendant's right to what?

Back 126

Represent him or herself.

Front 127

What percentage of state inmates represent themselves at trial?

Back 127

3%.

Front 128

A defense attorney must reveal known cases of client perjury according to what Supreme Court Case?

Back 128

Nix v. Whiteside.

Front 129

Who creates a record of all that occurs during the trial?

Back 129

The court reporter.

Front 130

In what case did the United State Supreme Court decide to pay federal prisoners witness fees?

Back 130

Demarest v. Manspeaker.

Front 131

How many states have laws mandating that witnesses be notified of scheduling changes and cancellations?

Back 131

39.

Front 132

Juries in most states are composed of how many members?

Back 132

12 members.