Which of the following is not one of the four types of charging documents?
Writ of certiorari
Which of the following court members dominates the grand jury
...
A defendant's guilty plea must be
...
cash bond
The accused must post either the full amount of cash bail with the court or a percentage of it in the form of a cash bond. All of this money will be returned when all court appearances are satisfied. because it requires a large amount of cash, this form of bail is seldom used.
Indictment
formal accusation of a criminal offense made against a person by a grand jury
complaint
A charge signed by the arresting officer that named had committed a specified offense.
Information
A formal accusation charging someone with the commission of a crime, signed by a prosecuting attorney, which has the effect of bringing the person to trial.
The informal and formal exchange of information between the prosecutor and the defense attorney prior to trial is called what?
Discovery
What Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury
6th
A trial before a judge without a jury is called a(n)
Bench trial
sometimes, the police exercise considerable influence by pressuring prosecutors to overcharge defendants or to file charge even though the evidence is weak
false
What must be supported by oath or affirmation of either the victim or the arresting officer? it is most commonly used in prosecuting misdemeanor offenses or city order violations.
complaint
if a person is indicted, s/he is
Charged with a crime.
In some jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced at which stage?
Initial appearance
The uniform crime Report's Type 1 offenses are also referred to as
Index crimes
The standard of proof at a preliminary hearing is probable cause
True
What criminal justice actors is most likely to file a bill of information
The prosecutor
Which Amendment to the U.S constitution state: "No human shall be hold to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury?
5th
which of the following is a power of the grand Jury?
All of these are are powers of the grand jury.
The burden of proof required at a preliminary hearing is
Proof beyond a reasonable doubt
The return of a grand jury indictment is also referred to as
A true bill.
What are the three most common types of plea bargains?
Charge bargaining, count bargaining, and sentence bargaining
When the prosecutor allows the defendant to plea guilty to a less serious charge than the one originally filed this is called
Charge bargaining
when the prosecutor allows the defendant to plea guilty to one charge and dismisses the rest this is called
count bargaining
which of the following actors would be in favor of broader discovery laws?
defense attorney
release on recognizance is one way to secure pretrial release
true
The two primary duties of the grand jury have been summarized in the phrase
"shield and sword"
During what part of the criminal court process does a defendant enter a plea
Arraignment
Which amendment state:" In all criminal prosecutors, the accused shall enjoy the right to be informed of the nature and cause of the accusation?
6th Amendment
Opening statement
statement made by both attorneys at the beginning of a trial explaining to the fact-finder what they believe the evidence in the case can prove.
closing statement
statement made by attorney at the end of the presentation of evidence in which the attorney summarizes the case for thr juty
Jury instructions
Direction given by a judge to the member of the jury informing them of the law applicable to the case
Rebuttal
Rebuttal witness may be called by the prosecutor of defense in order to discredit testimony or evidence brought by the opening counsel during their case-in-chief.
Case-in-Chief
The main evidence offered by the prosecutor or defense which includes all evidence, witnesses, direct/cross examination and strategies of the case presentation.
Drug crimes are categorized as Type 1 offenses in the Uniform Crime Reports
False
Grand Juries decide the guilt or innocence for defendants charged with felony offenses,
False
The main difference between a guilty plea and a no contest plea is that the latter
cannot be used in a civil proceeding against the defendant
The exclusionary rule applies to
the exclusionary rule applies to all of these
what do adherents of the crime control model oppose plea bargaining ?
They believe defendants get off too lightly
Criminal trials start with two presumptions: the presumption of innocence and the presumption of....
Sanity
the strength of the evidence police provide to prosecutors is one of the most important factors influencing whether prosecutors file criminal charges
True
Bail bond
The arrestee hires a bail agent, who posts the amount required and charges a fee for service rendered, usually 10% of the amount of the bond
Property bond
most states allow a defendant to use a piece of property as collateral
arrest warrant
An official document, signed by a judge, accusing an individual of a crime and authorizing law enforcement.
Flight risk
used to determine the likelihood of a defendant intentionally fleeing from and avoiding the pretrial process
during what phase of the criminal justice process is the felony defendant formally accused of a crime and called upon to enter a pea
Arriagnment
Which of the following term means that there is a "fair probability" that a felony was committed?
probable cause
the traditional legal rule regarding confessions is that confessions_______________
must be free and voluntary
what plea has the same consequences in criminal court as a guilty plea?
nolo contendere (No contest)
the questioning of potential jurors is called?
Voir dire
A defendant who pleads guilty is generally required to read and sign what form?
A BoyKin form
Which U.S supreme court case held that police must inform suspects of their rights prior to custodial interrogation
Miranda V. Arizona
Challenges to jurors that require a justification are called challenges__________
for cause
In which of the following U.S supreme court decisions was the exclusionary rule developed?
U.S. V. Miller
Challenging a jurors that do not require reasons are termed______
peremptory challenges
which of the following is the primary requirement for a search warrant?
Probable cause
What happens immediately prior to a jury beginning deliberations?
the judge instructs the jury
which amendment to the U.S. constitution prohibits unreasonable searches and seizures
4th Amendment
what is the term indicating that a prosecutor in a criminal cases must produce some evidence to justify moving a case forward?
Burden of production
what Amendment gives a criminal defendant the privilege not to testify at trial?
5th Amendment.
Retribution
A concept that applies the payment of a debt to society and thus the expiation of one's offense
Deterrence
the purpose of punishment is the prevention of future crime
severity
The more severe the punishment the less likely the offender is to do the crime again
Certainty
the more likely the offender is going to be caught, the less likely the offender is to commit crime again
Rehabilitation
Criminal behavior is the result of social or psychological disorders, and the treatment of such disorders should be the focus of correction
Incapacitation
Crime can be prevented if criminals are physically restrained
Restoration
Criminal Justice should be about repairing injury
Who should decide the sentence?
Legislative sentence responsibility
- initially responsible for creating option in the criminal codes they enact.
Rehabilitation model
Wide discretion
Cruel and unusual punishment
8TH amendment
executive sentencing responsibility
Governors, parole boards, departments of corrections carry out the sentences imposed by judges.
Imprisonment
- prison overcrowding
- conditions of confinement lawsuits
- high cost
- realities of imprisonment large number of criminal force states to look at alternative sanctions.
Probation
- Most commonly used sanction in the united states
- defendant likely to not commit another offense
Judge
- Informal limits of courtroom workgroup
rely on the work ground who has the most knowledge of the case
Prosecutor
count or charge bargain
Defense Attorney
Trial or guilty plea
Judge shopping
communicate with prosecutor
probation officer
Supervision
Probation
before prison
Parole
After prison
Aggravating
Use of weapon
mitigating
Youth of the defendant
Law in controversy
Uncertainty and public opinion
- Sentence more art than science
- only mistakes resulting in harm will reach public attention
Due process model
Advocates feared excessive discretion
Crime control
Advocate feared discretion reduced crime control
Appellate court
they are created because several heads are better than one when examining legal question
the purpose of Appeal
- error correction
- policy formulation
Dissenting opinion
explains why they believe their fellow judges reaches the wrong conclusion
Concurring opinion
judges agree with the opinion and wants to emphasize certain points
plurality opinion
limits or no precedential value because there is no majority decision