Criminal Justice Basics Quiz

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Questions and Answers

What is the purpose of the US Supreme Court when it makes a decision?

  • To set a precedent for future cases (correct)
  • To revise state laws
  • To provide legal advice to lower courts
  • To enforce existing laws

How long after an arrest must a defendant see a judge in Louisiana?

  • 48 hours
  • 72 hours (correct)
  • 24 hours
  • 96 hours

What are the three types of pleas a defendant can enter during arraignment?

  • Guilty, Not Guilty, Nolo Contendere (correct)
  • Guilty, Nolo Contendere, Dismissed
  • Guilty, Innocent, No Contest
  • Guilty, Not Guilty, Not Proven

What does waiving the right to a jury trial result in?

<p>A bench trial (C)</p> Signup and view all the answers

What is one main disadvantage of going paperless in a legal context?

<p>Risk of cyber attacks (B)</p> Signup and view all the answers

How many justices serve on the US Supreme Court?

<p>9 (B)</p> Signup and view all the answers

How long is a defendant required to wait for a trial after arrest according to the Speedy Trial Act?

<p>100 days (C)</p> Signup and view all the answers

What is the term for dismissing a juror without explanation?

<p>Peremptory Challenge (D)</p> Signup and view all the answers

What is the purpose of rehabilitation in the context of punishment?

<p>To reform a convict to prevent future offenses (A)</p> Signup and view all the answers

Which model of corrections focuses on isolation and hard labor as forms of punishment?

<p>Penitentiary model (D)</p> Signup and view all the answers

What was a significant change introduced by the Sentencing Reform Act?

<p>It ensured uniform sentencing regardless of the judge's discretion (C)</p> Signup and view all the answers

Which of the following describes general deterrence?

<p>Punishing offenders to serve as an example to others (C)</p> Signup and view all the answers

During which correctional model was the focus primarily on treating underlying issues of criminals?

<p>Medical model (A)</p> Signup and view all the answers

What are the two stipulations that allow an officer to search a vehicle without a warrant?

<p>Exigent circumstances must be present. (B), The officer must have probable cause. (D)</p> Signup and view all the answers

Which amendment protects individuals from self-incrimination?

<p>5th Amendment (A)</p> Signup and view all the answers

Under what condition must police end electronic surveillance before the warrant time limit expires?

<p>If they overhear the information they were searching for. (C)</p> Signup and view all the answers

Which court case established that a defendant's assets cannot be frozen to the point of not being able to afford an attorney?

<p>Luis v. United States (C)</p> Signup and view all the answers

What is the legal standard for conducting a Terry stop, also known as a stop and frisk?

<p>Reasonable suspicion (D)</p> Signup and view all the answers

What does the Bill of Rights aim to accomplish?

<p>Protect against excessive governmental power. (D)</p> Signup and view all the answers

What role do US District Courts play in the federal judiciary?

<p>They serve as trial courts. (C)</p> Signup and view all the answers

What is the importance of a state appellate court?

<p>They serve as intermediaries between district and state supreme courts. (C)</p> Signup and view all the answers

What is the purpose of a Grand Jury?

<p>To hear evidence to determine if there is enough probable cause to make a case (D)</p> Signup and view all the answers

Which of the following are considered excuse defenses?

<p>Entrapment, intoxication, mental illness (B)</p> Signup and view all the answers

At what age can a prosecutor challenge the presumption of incapacity to form mens rea?

<p>7-14 years old (A)</p> Signup and view all the answers

What is the process called for jury selection?

<p>Voir dire (A)</p> Signup and view all the answers

Which of the following statements about the US court system is true?

<p>Most cases stop at the state appeals courts. (D)</p> Signup and view all the answers

What does discovery refer to in the legal context?

<p>An exchange of information between defense and prosecution (D)</p> Signup and view all the answers

What is judicial misconduct?

<p>Inappropriate behavior by a judge (A)</p> Signup and view all the answers

Who is known as the 'gatekeeper' of the criminal justice system?

<p>Prosecutor (B)</p> Signup and view all the answers

What do judges report as the hardest part of their job?

<p>Sentencing offenders (C)</p> Signup and view all the answers

What is the significance of the 8th Amendment?

<p>It guards against cruel and unusual punishment (D)</p> Signup and view all the answers

What are the four purposes of punishment?

<p>Retribution, Deterrence, Incapacitation, Rehabilitation (C)</p> Signup and view all the answers

Under which circumstances can a youth receive the death penalty according to Roper v. Simmons?

<p>A person under 18 at the time of their crime cannot receive it (A)</p> Signup and view all the answers

What defines a determinate sentence?

<p>A fixed period that must be served, like 15 years (A)</p> Signup and view all the answers

How many people on death row were exonerated between 1973 and 2022?

<p>187 (C)</p> Signup and view all the answers

What is a victim impact statement?

<p>A statement on how the crime affects the victim's life (C)</p> Signup and view all the answers

What major action did Furman v. Georgia take regarding the death penalty?

<p>It struck down the death penalty for the first time (D)</p> Signup and view all the answers

What is the main focus of the reformatory correctional model?

<p>Reform and rehabilitation (D)</p> Signup and view all the answers

Which correctional model is currently used in the United States?

<p>Crime Control Model (C)</p> Signup and view all the answers

What does the Thirteenth Amendment protect against?

<p>Involuntary servitude (A)</p> Signup and view all the answers

What was established by the ruling in Gregg v. Georgia (1976)?

<p>Statutory aggravating circumstances must be proven (D)</p> Signup and view all the answers

How much does it cost to house one inmate for one year in prison?

<p>$35,000 (A)</p> Signup and view all the answers

How many Americans are currently on parole?

<p>880,000 (B)</p> Signup and view all the answers

Which type of prison typically holds inmates classified at the lowest security risk?

<p>Minimum Security (A)</p> Signup and view all the answers

What is the maximum number of good time credits a federal inmate can earn annually after the first year?

<p>54 days (B)</p> Signup and view all the answers

Flashcards

Probable Cause

A reasonable basis to believe a crime has been or will be committed.

Exclusionary Rule

Evidence found illegally can't be used in court.

5th Amendment

Protects against self-incrimination and double jeopardy.

6th Amendment

Guarantees a speedy trial and right to counsel.

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Warrantless Searches

Searches without a warrant are permitted in specific situations.

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Search Incident to Lawful Arrest

Searching a person and area near them after a lawful arrest.

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Field Interrogation

Brief questioning of a person for reasonable suspicion.

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Automobile Search

Search of a vehicle based on probable cause or exigent circumstances.

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Plain View

Visible evidence that can be lawfully seized without a warrant.

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Consent Search

Search permitted with voluntary consent from the owner.

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Miranda Warning

Legal notification of rights to a suspect in custody

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Probable Cause Affidavit

Written statement with reasons for a warrant request

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Reasonable Suspicion

Legal standard for a brief investigation.

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Exigent Circumstances

緊急状況(緊急事態)

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Carroll Doctrine

Allows warrantless search of vehicles under specific conditions.

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Lineup

Arranging potential suspects for identification by a witness.

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Speedy Trial Act

Federal law setting time limits for trials after arrest.

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Arraignment

Formal charging and plea entry

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Peremptory Challenge

Dismissal of a potential juror without explanation.

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Voir Dire

Jury selection process.

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Grand Jury

Jury determining if enough evidence exists for an indictment

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Discovery

Exchange of information in a trial between prosecution and defense

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Mitigating Circumstances

Factors that lessen the severity of a crime.

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Aggravating Circumstances

Factors that increase the severity of the crime.

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Affirmative Defense

Defendant admits the act, but offers reasons for actions.

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Booking

Process of formal record-keeping after arrest

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US Supreme Court Case Importance

A decision by the Supreme Court sets a precedent for future cases and is the final interpretation of federal constitutional law.

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Plea Types

Three possible pleas: Guilty, Not Guilty, and No Contest.

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Bench Trial

Trial where only the judge decides the case.

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Jurisdiction Basis

Usually based on geography and subject matter.

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Plea Negotiation Types

Three types: Charge Bargaining, Count Bargaining, and Sentencing Bargaining.

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What is the standard for a Terry stop?

The legal standard for a brief investigative stop of a person is reasonable suspicion. This means an officer needs a specific and articulable reason to believe that criminal activity is afoot, but it doesn't require probable cause.

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What is an exigent circumstance?

An exigent circumstance is an emergency situation that necessitates immediate action by law enforcement officers, often allowing them to bypass a warrant requirement.

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What is a 'lineup'?

A lineup is a procedure used in criminal investigations where potential suspects are presented to a witness for identification.

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What is the purpose of the Bill of Rights?

The Bill of Rights serves to protect individual liberties from excessive government power and to ensure a balance between the authority of the government and the rights of citizens.

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When do police have to end electronic surveillance?

Police must end electronic surveillance if they obtain the information they were searching for, even before the warrant's allotted time has expired.

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What are the 2 stipulations of the 'Carroll Doctrine'?

The Carroll Doctrine allows warrantless searches of vehicles: 1. The officer must have probable cause that a warrant would have been granted if they had time to obtain one. 2. Exigent circumstances must have prevented them from obtaining a warrant.

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What court case limits the freezing of a defendant's assets?

In Luis v. United States, the Supreme Court ruled that a defendant's assets cannot be frozen to the point of preventing them from affording legal representation.

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What are some decisions that erode Miranda rights?

A suspect's Miranda rights can be eroded in situations like: 1. During a second interrogation session, and 2. If the suspect doesn't clearly invoke their rights to remain silent.

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Grand Jury's Purpose

A grand jury hears evidence to determine if there is enough probable cause to make a case and issues an indictment if so.

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What is 'Discovery' in legal context?

Discovery is the exchange of information between the defense and prosecution before trial to avoid surprises and ensure fairness.

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Federal Judge Appointment

Federal judges (except bankruptcy judges) are appointed by the President, confirmed by the Senate, and serve for life.

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Dual Court System

The U.S. court system operates as a dual system, with both federal and state courts.

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What is 'Voir Dire'?

'Voir Dire' is the jury selection process, where potential jurors are questioned to ensure a fair and impartial jury.

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M'Naghten Test

The M'Naghten test determines if a defendant was mentally ill at the time of the crime and unaware of their actions.

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Who is the 'Gatekeeper' of the Criminal Justice System?

The prosecutor is considered the 'gatekeeper' of the criminal justice system, deciding which cases to pursue.

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Justifications vs. Excuses Defenses

Justifications are defenses that show the act was lawful, while excuses show the defendant wasn't responsible due to circumstances.

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Rehabilitation

The goal of punishment aimed at reforming a convict to prevent them from returning to crime.

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Penitentiary Model

A model of corrections that emerged during the Industrial Revolution and emphasizes isolation and hard labor as punishment for crimes.

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Sentencing Reform Act

Legislation designed to establish uniform sentencing guidelines to ensure consistency across different cases, regardless of the judge.

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General Deterrence

The aim of punishment to discourage the general public from committing similar crimes.

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Specific Deterrence

The goal of punishment to prevent a specific offender from committing future crimes.

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Irresistible Impulse Test

A legal defense for mental illness where the defendant, due to a diagnosable mental illness, lacked control over their actions and would have acted despite the presence of law enforcement.

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Four Purposes of Punishment

The main reasons for punishing criminals are retribution, deterrence, incapacitation, and rehabilitation.

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Roper v. Simmons (2005)

This Supreme Court case ruled that it is unconstitutional to impose the death penalty on individuals who were under 18 years old at the time of their crime.

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Seriousness of the Offense

The severity of the crime is the most critical factor influencing the length and type of punishment.

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Retribution

The belief that punishment should be proportionate to the crime, serving as a form of revenge.

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Determinate Sentence

A sentence that has a fixed length of time, with no possibility of early release.

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Victim Impact Statement

A formal statement provided by the victim or their family in court that describes the impact of the crime on their lives. It can be presented orally, in writing, or through video or audio recordings.

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Furman v. Georgia (1972)

This Supreme Court case struck down the existing death penalty laws due to their arbitrary and discriminatory application.

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Probation

A sentence alternative to prison, where offenders are supervised in the community.

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Indeterminate Sentencing Structure

A range of potential prison sentences, with release determined by the offender's behavior and rehabilitation progress.

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Crime Control Model

The current correctional model in the US, emphasizing punishment and deterrence.

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Death Penalty

The legal execution of a convicted criminal.

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Reformatory Correctional Model

A model focusing on rehabilitation, using indeterminate sentences and reform programs.

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Study Notes

Purpose of US Supreme Court Decisions

  • The US Supreme Court's decisions establish legal precedents that impact the entire nation.

Timeframe for Defendant to See a Judge in Louisiana

  • In Louisiana, a defendant must see a judge within 48 hours of arrest.

Types of Pleas in Arraignment

  • Defendants can enter a guilty plea, a not guilty plea, or a no contest plea.

Waiving a Jury Trial

  • Waiving the right to a jury trial results in the judge acting as both the fact-finder and the law-applier.
  • A major disadvantage of going paperless in a legal context is the risk of data loss or corruption.

Number of Justices on the US Supreme Court

  • There are 9 justices on the US Supreme Court.

Time Limit for Trial Under the Speedy Trial Act

  • According to the Speedy Trial Act, a defendant must wait no longer than 70 days for trial after arrest.

Term for Dismissing a Juror Without Explanation

  • Dismissing a juror without explanation is known as "striking" the juror.

Purpose of Rehabilitation in Punishment

  • Rehabilitation aims to reform criminals and reduce recidivism rates.

Corrections Model Focused on Isolation and Hard Labor

  • The Pennsylvania System of corrections focused on isolation and hard labor as forms of punishment.

Significant Change Introduced by the Sentencing Reform Act

  • The Sentencing Reform Act introduced guidelines for sentencing that aimed to reduce disparities.

Definition of General Deterrence

  • General deterrence seeks to discourage potential offenders by demonstrating the consequences of criminal behavior.

Correctional Model Focused on Treating Underlying Issues

  • The Medical Model focused primarily on treating the underlying issues of criminals.

Conditions for Warrantless Vehicle Searches

  • Police can search a vehicle without a warrant if they have probable cause to believe it contains contraband or evidence of a crime, or if the arrestee is within reach of the vehicle.

Amendment Protecting Against Self-Incrimination

  • The Fifth Amendment protects individuals from self-incrimination.

Condition for Ending Electronic Surveillance Early

  • If the warrant expires before the surveillance concludes, police must end the surveillance unless they obtain a new warrant.

Case Establishing Protection for Attorney Fees

  • The case of Bell v. Wolfish established that a defendant's assets cannot be frozen to the point of not being able to afford an attorney.
  • The legal standard for a Terry stop is "reasonable suspicion" that the individual is involved in criminal activity.

Goal of the Bill of Rights

  • The Bill of Rights aims to guarantee individual rights and freedoms.

Role of US District Courts in the Federal Judiciary

  • US District Courts are the trial courts in the federal judiciary.

Importance of State Appellate Courts

  • State appellate courts review decisions made by lower courts to ensure fairness and consistency.

Purpose of a Grand Jury

  • A Grand Jury determines whether there is enough evidence to indict a suspect for a crime.

Excuse Defenses

  • Examples of excuse defenses include duress, insanity, and intoxication.

Age for Challenging Presumption of Incapacity

  • A prosecutor can challenge the presumption of incapacity to form mens rea at age 14.

Process of Jury Selection

  • The process of jury selection is called voir dire.

Truth About the US Court System

  • The US court system operates under the adversarial system, where opposing sides present evidence and arguments.
  • Discovery refers to the pre-trial exchange of evidence and information between the parties.

Definition of Judicial Misconduct

  • Judicial misconduct refers to improper actions by a judge that violate ethical standards.

'Gatekeeper' of the Criminal Justice System

  • The prosecutor is often referred to as the "gatekeeper" of the criminal justice system.

Hardest Part of a Judge's Job

  • Judges report that the hardest part of their job is sentencing.

Significance of the 8th Amendment

  • The 8th Amendment prohibits cruel and unusual punishment.

Purposes of Punishment

  • The four purposes of punishment are retribution, deterrence, incapacitation, and rehabilitation.

Circumstances for Youth Receiving Death Penalty

  • According to Roper v. Simmons, youth cannot receive the death penalty if they were under 18 at the time of the crime.

Definition of Determinate Sentence

  • A determinate sentence is fixed and cannot be reduced by good behavior.

Number of Exonerations on Death Row

  • Between 1973 and 2022, over 190 people on death row were exonerated.

Definition of a Victim Impact Statement

  • A victim impact statement describes the impact of the crime on the victim and their family.

Action Taken in Furman v.Georgia Regarding Death Penalty

  • The Furman v. Georgia case ruled that the death penalty, as then applied, was unconstitutional due to racial disparities and arbitrary sentencing.

Focus of the Reformatory Correctional Model

  • The reformatory correctional model focused on rehabilitation.

Current Correctional Model in the United States

  • The United States currently uses a blended correctional model that combines elements of different models, including rehabilitation, punishment, and deterrence.

Protection Offered by the Thirteenth Amendment

  • The Thirteenth Amendment abolishes slavery and involuntary servitude.

Establishment of Gregg v.Georgia (1976)

  • Gregg v. Georgia (1976) upheld the constitutionality of the death penalty when applied in a fair and unbiased manner.

Cost to House One Inmate for One Year

  • The average cost to house one inmate for one year in prison is approximately $35,000.

Number of Americans on Parole

  • There are currently over 4 million Americans on parole.

Typical Inmates in Minimum Security Prisons

  • Minimum security prisons typically hold inmates classified as low security risks.

Maximum Good Time Credits for Federal Inmates

  • After the first year, a federal inmate can earn a maximum of 54 days of good time credits annually.

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