Crime Types and Judicial Procedures

Questions and Answers

Which type of crime is punishable by one year or more of incarceration?

Misdemeanor

Felony (correct)

Infraction

Drug

Which type of the following is NOT relevant for the pretrial diversion program?

All offenders with successful pretrial diversion programs have a formal criminal record of the offense. (correct)

Pretrial diversion programs offer people charged with crimes alternative to traditional criminal justice proceedings.

Pretrial diversion programs are used for minor offenders of laws against public intoxication or minor property crimes.

Pretrial diversion programs occur between the formal filing of charges and the final judgment of guilt.

Which of the following is NOT an advantage of a diversionary treatment program?

Diversionary treatment programs cost considerably less than criminal justice processing.

Diversionary treatment programs reduce the demands on the court to process the case as a criminal activity.

Diversionary treatment programs generally do not involve community treatment programs. (correct)

With diversionary treatment programs, offenders avoid the stigma associated with a criminal conviction.

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?

United States v. Salerno Signup and view all the answers

Which of the following is a pledge of money or property in exchange for a promise to return for further criminal processing?

Bail Signup and view all the answers

In which country did pretrial release programs originate?

England Signup and view all the answers

Which constitutional amendment states that excessive bail may NOT be required?

Eighth Signup and view all the answers

Which of the following is a problem with the system of bail as a requirement for release?

The bail process discriminates against the poor. Signup and view all the answers

Which of the following is NOT an alternative to bail?

Preventive Detention Signup and view all the answers

Which of the following accurately describes plea bargaining?

Plea bargaining is an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence. Signup and view all the answers

Which of the following is included in a presentence investigation (PSI)?

The range of allowable sanctions. Signup and view all the answers

For which of the following is a presentence investigation used?

Evaluating a plea bargain deal agreed to by defense and prosecution. Signup and view all the answers

What percentage completion of sentence does the truth in sentencing reform require?

85% Signup and view all the answers

Which of the following is NOT a sentencing option?

Parole Signup and view all the answers

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.