Podcast
Questions and Answers
Which type of crime is punishable by one year or more of incarceration?
Which type of crime is punishable by one year or more of incarceration?
Which type of the following is NOT relevant for the pretrial diversion program?
Which type of the following is NOT relevant for the pretrial diversion program?
Which of the following is NOT an advantage of a diversionary treatment program?
Which of the following is NOT an advantage of a diversionary treatment program?
Which 1987 U.S. Supreme Court decision upheld the ability of a magistrate to confine an offender on the presumption that he or she was dangerous?
Which 1987 U.S. Supreme Court decision upheld the ability of a magistrate to confine an offender on the presumption that he or she was dangerous?
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Which of the following is a pledge of money or property in exchange for a promise to return for further criminal processing?
Which of the following is a pledge of money or property in exchange for a promise to return for further criminal processing?
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In which country did pretrial release programs originate?
In which country did pretrial release programs originate?
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Which constitutional amendment states that excessive bail may NOT be required?
Which constitutional amendment states that excessive bail may NOT be required?
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Which of the following is a problem with the system of bail as a requirement for release?
Which of the following is a problem with the system of bail as a requirement for release?
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Which of the following is NOT an alternative to bail?
Which of the following is NOT an alternative to bail?
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Which of the following accurately describes plea bargaining?
Which of the following accurately describes plea bargaining?
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Which of the following is included in a presentence investigation (PSI)?
Which of the following is included in a presentence investigation (PSI)?
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For which of the following is a presentence investigation used?
For which of the following is a presentence investigation used?
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What percentage completion of sentence does the truth in sentencing reform require?
What percentage completion of sentence does the truth in sentencing reform require?
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Which of the following is NOT a sentencing option?
Which of the following is NOT a sentencing option?
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Study Notes
Crime Types and Consequences
- Felony: A crime punishable by one year or more of incarceration.
- Misdemeanor and Infraction: Lesser crimes, typically with lighter penalties compared to felonies.
Pretrial Diversion Programs
- Purpose: Offer alternatives to traditional criminal justice proceedings, aimed usually at minor offenders.
- Limitations: Successful participants in diversion programs do not typically have a formal criminal record for the offense; their inclusion in programs may be limited by the severity of the crime.
Diversionary Treatment Programs
- Advantages: Cost-effective, reduce court case burdens, and help avoid the stigma of a criminal conviction.
- Limitations: Often lack community treatment programs, which can limit their effectiveness.
Key Court Decisions
- United States v. Salerno (1987): Upheld the ability to confine offenders based on perceived danger, highlighting judicial discretion in pretrial matters.
Bail and Release Mechanisms
- Bail: A pledge of money or property ensuring an offender returns for further processing.
- Systemic Issues: The bail process can discriminate against poorer individuals who cannot afford bail, raising concerns regarding equity in the justice system.
Alternatives to Bail
- Personal Recognizance: Release based on the defendant’s promise to appear in court.
- Third-Party Custody: An arrangement where a third party ensures the defendant's appearance in court.
- Preventive Detention: Not an alternative to bail as it involves holding individuals based on the risk they pose.
Plea Bargaining
- Definition: An agreement where a defendant pleads guilty in exchange for a reduced sentence, emphasizing negotiation in the judicial process.
Presentence Investigation (PSI)
- Components: Includes the range of allowable sanctions and collects data that aids in sentencing decisions.
- Purpose: Evaluates plea bargain deals agreed upon by both defense and prosecution; not used solely for misdemeanors or initial determinations like bail amounts.
Sentencing Reforms
- Truth in Sentencing: Legislation requires offenders to serve at least 85% of their sentence before qualifying for parole or early release.
- Sentencing Options: Includes probation, community service, capital punishment, while parole is not a form of sentencing but a conditional release post-sentence.
Overall Context
- Understanding the complexities of the criminal justice system involves recognizing the balance between enforcement, rehabilitation, and individual rights. These concepts and programs aim to tailor justice more effectively to different circumstances and offenders' profiles.
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Description
This quiz explores various crime types, including felonies and misdemeanors, and discusses the implications of pretrial diversion programs. It also covers the significance of key court decisions that shape the criminal justice landscape. Test your knowledge on the intricacies of criminal law and judicial processes.
