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Questions and Answers
What is the first step in the criminal process where a suspect becomes a defendant?
What is the first step in the criminal process where a suspect becomes a defendant?
What is the main purpose of a preliminary hearing?
What is the main purpose of a preliminary hearing?
During which process does a defendant formally enter a plea?
During which process does a defendant formally enter a plea?
What percentage of criminal defendants typically plead guilty through plea bargaining?
What percentage of criminal defendants typically plead guilty through plea bargaining?
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What type of trial occurs when cases are not resolved by plea bargaining or jury trial?
What type of trial occurs when cases are not resolved by plea bargaining or jury trial?
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Which of the following is NOT a main purpose of an arraignment?
Which of the following is NOT a main purpose of an arraignment?
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What type of evidence is typically presented during an initial appearance?
What type of evidence is typically presented during an initial appearance?
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What part of the criminal process includes a judge deciding cases without a jury?
What part of the criminal process includes a judge deciding cases without a jury?
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Which of the following is NOT classified as a punishment?
Which of the following is NOT classified as a punishment?
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What is an example of a constitutional ground for appealing a conviction?
What is an example of a constitutional ground for appealing a conviction?
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Which statement about parole is true?
Which statement about parole is true?
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How can American criminal justice be accurately defined?
How can American criminal justice be accurately defined?
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When conservative values prevail, which model dominates criminal justice operations?
When conservative values prevail, which model dominates criminal justice operations?
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According to the crime control model, what is the primary function of criminal justice?
According to the crime control model, what is the primary function of criminal justice?
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The due process model prioritizes which concept?
The due process model prioritizes which concept?
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What distinguishes criminal justice as an institution of social control from others?
What distinguishes criminal justice as an institution of social control from others?
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Which statement best describes the nature of criminal justice as compared to other social control institutions?
Which statement best describes the nature of criminal justice as compared to other social control institutions?
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Which agency is NOT considered one of the main components of American criminal justice?
Which agency is NOT considered one of the main components of American criminal justice?
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Which of the following offenses is eligible for the death penalty in the United States?
Which of the following offenses is eligible for the death penalty in the United States?
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What does 'jurisdiction' refer to in the context of criminal justice?
What does 'jurisdiction' refer to in the context of criminal justice?
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When is an administrative record of an arrest typically created?
When is an administrative record of an arrest typically created?
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Which of the following represents a formal method of social control in contemporary society?
Which of the following represents a formal method of social control in contemporary society?
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Which institution plays a role in maintaining societal order alongside criminal justice?
Which institution plays a role in maintaining societal order alongside criminal justice?
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Study Notes
Initial Appearance Process
- The initial procedure in the criminal justice system includes booking, preliminary hearing, and arraignment.
- Booking involves the formal recording of an arrest, including fingerprinting and photographs.
- Preliminary hearings assess the existence of probable cause before charges are formally filed.
- Arraignment means the suspect, now a defendant, is brought before the court to hear the charges and enter a plea.
Defendant Status
- A suspect becomes a defendant when charges are formally filed against them.
- A no bill from a grand jury indicates insufficient evidence, but does not change the suspect's status directly.
Purpose of Preliminary Hearing
- A preliminary hearing’s main goal is to determine probable cause regarding the alleged crime.
Purpose of Arraignment
- Arraignment focuses on hearing the indictment or formal charges and allows the defendant to enter a plea.
Plea Bargaining
- Approximately 95% of criminal defendants enter guilty pleas through plea bargaining, often resolving cases without a trial.
Trial Outcomes
- Cases unresolved by plea bargaining or jury trials are resolved through a bench trial, where a judge makes the ruling.
Function of Arraignment
- Arraignment serves to allow the defendant to enter a plea and to ensure their future appearances in court.
Types of Punishments
- Five general types of punishment exist in the U.S. criminal justice system, excluding transportation, which is not commonly used.
Grounds for Appeals
- Defendants can appeal convictions due to legal issues, including constitutional violations like illegal search and seizure.
Nature of Parole
- Parole is not unconditional; it typically comes after serving part of a sentence and is not granted automatically in all jurisdictions.
American Criminal Justice System
- The American criminal justice system reflects considerable conflicts and is more accurately described as a "nonsystem."
Crime Control Model Dominance
- In politically conservative climates, the crime control model, focusing on swift justice and crime suppression, often prevails in criminal justice policies.
Functions of Criminal Justice
- Under the crime control model, the primary function of criminal justice is crime prevention and control rather than rehabilitation.
Due Process Model
- The due process model emphasizes legal guilt, ensuring fair legal processes and protecting defendants' rights.
Institutions of Social Control
- Criminal justice serves as a vital institution of social control, distinct from family, schools, and religion, generally acting as the society’s ultimate enforcement body.
Agencies in American Criminal Justice
- The American criminal justice system is comprised of three main agencies: police, courts, and corrections; prisons are part of the corrections system.
Death Penalty Offenses
- The death penalty is applicable only to certain felony offenses, not misdemeanors or non-violent crimes like libel or slander.
Jurisdiction Definition
- Jurisdiction refers to the geographic area where a court has authority to hear cases, rather than the general organizational structure of law enforcement.
Arrest Documentation
- An administrative record of an arrest is created upon the booking phase during the initial appearance process.
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Description
Test your knowledge on the initial appearance in criminal procedures, covering topics such as booking, preliminary hearings, and arraignment. Learn when a suspect officially becomes a defendant and assess your understanding of the key terms involved.
