Untitled Spreadsheet - Criminal Law Questions and Answers PDF

Question Answer When did officers have to have probable cause of an arrest to get a warrant? At the time of the arrest When you give an of...

Question Answer When did officers have to have probable cause of an arrest to get a warrant? At the time of the arrest When you give an officer consent to search your car, can they search all parts of the car, including the person? Yes What is the exclusionary rule? Any evidence collected in violation of the Fourth Amendment cannot be used at trial What is the 6th amendment? Right to a speedy and public trial by an impartial trial and the right to counsel. What are the 5 types of searches without a warrant? Search incident to lawful arrest, Field interrogation, Automobiles, Plain view, Consent What is probably cause? Its a reasonable basis for a crime that has been or is about to be committed. It is the standard for legal arrest and search and seizure, the court examines probable cause the officer had at the time of arrest. What protection does the 5th amendment provide? protects people from self incrimination and double jeopardy, it can be applied to defendants, witnesses, and testifiers. What protection does the 6th amendment provide? protects your case from being lost in the system by providing a speedy and public trial, which can be judged by a jury instead of just a judge. The precedent set by many different cases would be that you have a right to a lawyer in a capital case, if you cannot afford an attorney, and if you could go to jail How does an officer obtain a warrant? The officer submits an affidavit that lists specific reasons and facts about the case, and a neutral magistrate issues the warrant What are the two legal triggers for the Miranda warning? Custody an interrogation Police must knock before entering a home to announce their presence, but what are the exceptions? If it is dangerous to the officers to alert the people inside. If evidence could be destroyed T/F Patrol officer more often perform arrests with a warrant, while detectives usually arrest without a warrant. FALSE T/F Reasonable suspicion is the standard for legal arrest, search, and seizure FALSE What is an affidavit? A written document with an officer's sworn oath that all information presented to a judge to acquire a warrant is true. T/F In the case of a search incident to lawful arrest, the arresting officer(s) may only make a thorough search around the arrestee's immediate vicinity, only being able to do a "protective sweep" of other areas. TRUE T/F Motorists have no privacy if contraband is hidden TRUE Supreme Court ruling that allows officer to search a vehicle without a warrant. 1. The officer must have enough probable cause that if they had time to obtain a warrant, it would have been granted. What is the Carroll doctrine? And the 2 stipulations? 2. Exigent circumstances prevented them from getting a warrant When people are lined up for identification by a victim. A photo lineup is where the victim is shown pictures of the potential perpetrators; this is What is a lineup? also known as a six-pack Which amendment protects you from self-incrimination? 5th amendment T/F In order to invoke your right to remain silent, you must verbally state that you are invoking your Fifth Amendment right to remain silent. TRUE When do police have to end electronic surveillance before their allotted time for the warrant is up? If they overhear the information they were searching for What court case stated that a defendant’s assets cannot be frozen to the point of not being able to afford an attorney? Luis v. United States Protect against excessive governmental power What is the purpose of the Bill of Rights? Balance the scales of police authority What decisions erode Miranda? A second interrogation session, Suspect must clearly invoke their rights What is the standard for legal arrest, search, and seizure? Probable cause Which court case allows defendants to be appointed an attorney for federal cases? Gideon v. Wainwright What is the standard for a Terry stop aka stop and frisk? Reasonable suspicion What is an exigent circumstance? When officers need to act right away; an emergency Is a hidden microphone a Fourth Amendment violation? No Who are the workhorses of the federal judiciary? US District Courts What do appeal courts primarily engage in? Error corrections Where does majority of the judicial court actions take place? Majority of the judicial court occurs at the state level. What is the importance of a states appellate court? The state appellate court is the go between the district and state supreme courts. They mainly engage in error correction and ensure fairness There are few cases which get seen by the supreme court and whenever the court makes it decision it sets a precedent on other cases it will see and is the final interpretation of What is the importance of a US Supreme court case? federal constitutional law How long after you are arrested should you see a judge in Louisiana? 72 hours after your arrest What is arraignment? Arraignment is when you are formally charged and you submit your plea. What are the three types of pleas you can make? Guilty, Not Guilty, Nolo Contendere/No Contest When was the Speedy Trial Act passed? 1974 How many steps are in the trial process? 10 T/F The American court system is an adversarial system. TRUE What is the clerical procedure that immediately follows an arrest? Booking As the defendant, are you required to take the stand to testify? No What is it called when either the prosecution or the defense dismisses a juror without an explanation? Peremptory Challenge According to the Speedy Trial Act, how long after arrest are you required to have a trial? 100 days What happens when you waive your right to a jury trial? You will receive a bench trial, where only the judge evaluates the evidence Are you always guaranteed a jury trial? No, if the penalty is less than six months in jail for a lesser misdemeanor. How many justices are one the Supreme Court? Nine What is the highest court in the nation?US Supreme Court US Supreme Court T/F Prosecution and defense both have equal amounts of peremptory challenges TRUE What is one disadvantage of going paperless? Cyber attacks How many circuit courts are in the US? 13 Jurisdiction is usually based on what two things? Geography and subject matter How many federal judgeships are spread across US district courts nationwide? 678 What are the three types of plea negotiation? Charge Bargaining, Count Bargaining, How to Serve Sentence What is the word for the type of evidence that supports a defendant’s innocence? What is the word for the type of evidence that supports a defendant’s innocence? T/F All federal judges except bankruptcy judges are appointed by the President, confirmed by the Senate, and serve for life. TRUE T/F About half of all states require a grand jury indictment TRUE T/F All federal charges require a grand jury indictment. TRUE What is the jury selection process called? Voir dire T/F The US court system operates as a dual system TRUE T/F State level speedy trial laws are often ineffective TRUE T/F The Supreme Court hears a large portion of the appeals cases put before it annually FALSE To Hear evidence to determine if there is enough probable cause to make a case, and What is the purpose of a Ground Jury? make an indictment if so. An exchange of information between the defense and prosecution in order to have no What is a discovery? surprise evidence revealed once court is in session T/F Most cases stop at the state appeals courts. TRUE What language does Juula understand commands in? Czech What state district court are we in? Judicial District Court At what age can a prosecutor challenge the assumption that a person is presumed incapable of forming the appropriate mens rea? 7-14 years old What are the excuse defenses? Age, Entrapment, Intoxication, Double Jeopardy, Mental Illness/Insanity At the time of the crime, the defendant was suffering from a recognized, diagnosable What is the M’Naghten test? mental illness and were unaware of what they were doing What are some of the challenges of being a judge? Psychological discomfort, loneliness, Sentencing criminals Who is the “gatekeeper of the criminal justice system? Prosecutor What are the benefits of being a judge? Life terms for federal positions, respect, primary decision makers Who is the “Guiding Hand of Counsel”? Defense Attorney Who are the six key participants in a courtroom? Judge, bailiff, prosecutor, court reporter, clerk of court, defense attorney What are the two types of affirmative defenses? Justifications, Excuses What is a gubernatorial appointment? Governor appoints the judge. What is judicial misconduct? Any type of inappropriate behavior by a judge What are the five methods of judicial selection? Commission based, Partisan Election, Nonpartisan Election, Gubernatorial Appointment, Legislative Election/Appointment What defenses are qualified as justification and what do they mean? Justification defenses would be self defense, necessity, and duress. Self defense is the legal doctrine that permits the use of force against others who pose a threat, but the defense of action much be proportionate to the crime committed. Necessity is an emergent situation where the harm avoided is more than the crime committed. Duress is when the person is not acting on their own will and there are 4 factors that have to be proven for it to work: threatening conduct sufficient to create fear of death in reasonable citizens, the conduct did cause fear in the defendant, the fear or duress was o Public defender system where they work for the government and full time for the court. What are the three types of indigent services? Assigned counsel where private agree to do pro bono work and could be provided cases outside of their focus. Contract case where the government accepts bids from law firms or nonprofit organizations to come in and they pay them whatever the contract says, and its competitive It is when a defendant is their own counselor and attempt to be their own defense What is pro se? attorney What is an affirmative defense? Defendant admits to committing the criminal act but offers reasons for their behavior. T/F The prosecutor is the only person in the criminal justice system who is granted civil immunity TRUE How does Louisiana choose its judges? Partisan election What percentage of the general public express trust in the state court system? 70% How should judges treat all people? With impartiality, dignity, and respect What is the primary role of the prosecutor? To bring about justice What defense is when a defendant claims they are not acting of their own free will? Duress What are two reasons for judicial misconduct? Staying on the bench too long and judicial arrogance What have some jurisdictions implemented to help correct/address judicial misconduct? An anonymous survey What percentage of black Americas express trust in the state court system? 32% T/F Several states are altering the way they select their state judges to eliminate political fundraising for judges TRUE What is one benefit of being a judge? High degree of respect and prestige Partisan elections will have the political party of the candidate listed on the ballot. What is the difference between partisan and nonpartisan elections? Nonpartisan elections do not have the political party listed on the ballot. What do judges report as the hardest part of their job? Sentencing offenders Due to a diagnosable, recognized mental illness, the defendant had such an extreme lack of impulse control that even if a police officer was standing next to them, they still would What is the irresistible impulse test for mental illness defenses? have completed the action What are the four purposes of punishment? Retribution, Deterrence, Incapacitation, Rehabilitation Which Constitutional Amendment protects against cruel and unusual punishment? 8th amendment What was the ruling in Roper v. Simmons (2005)? A person who is under 18 at the time of their crime cannot receive the death penalty. How many free transcripts of the trial do the defendants get? 1 What is the most important factor that influences punishment? Seriousness of the offense What is retribution? The punishment fits the crime; is serves the purpose of revenge. Do habitual offender laws tend to be successful? No Between 1973 and 2022, how many people on death row have been exonerated? 187 What are the 7 correctional models? Colonial models, Military, Reformatory, Progressive , Medical, Community, Crime control Determinate sentences are when there is a set time which you will serve for your time, such as 15 years. An indeterminate sentence is when a judge gives you a range of when Indeterminate vs Determinate sentences you could get out, more likely chance for parole as well, which would be 10-15 years. A statement that the victim or their family gives in court, during sentencing and at a parole hearing, that can either be stated in court, filmed, audio recorded, or written. They don’t explain how you feel about the crime per se but must be limited to how the What is a victim impact statement? crime has impacted their life Which sentence is served simultaneously? Concurrent What was the ruling in Furman v. Georgia act do? - The act struck down death penalty for the first time. Which goal of punishment reforms a convict to keep them from returning to crime? Rehabilitation T/F Aggravating and mitigating circumstances have no effect on sentencing decisions FALSE Which model of corrections coincided with the Industrial Revolution and primarily looks to isolation and hard labor as punishment for crimes? Penitentiary model What legislation was written to ensure uniform sentencing regardless of the judge on a case? Sentencing Reform Act T/F A victim impact statement cannot involve opinions. TRUE What goal of punishment was dropped by the Sentencing Reform Act? Rehabilitation Can you be removed from a jury for generally disagreeing with the death penalty? No Which Attorney General placed the moratorium on federal executions in 2021? Merrick Garland How many states have abolished the death penalty? 23 What is general deterrence? Deterring the public from doing a crime What is specific deterrence? Deterring a specific offender into committing a new crime What type of sentence adds all of the sentences together for a total amount of time served? Consecutive What factors influence punishment? Financial concerns, Societal concerns, Victims making their wishes known early, Victim impact statements, Aggravating and mitigating circumstances, Eighth and, Thirteenth Amendments, Influence of prosecutors and defense attorneys, Seriousness of the offense Criminals have a biological, social, or psychological deficiency, and that is why they engage in crime. Emphasis was on treatment. Rehabilitation gained national legitimacy What was the focus during the Medical Model of corrections? and became a goal of punishment During which correctional model was probation launched as an alternative to incarceration? Progressive T/F The federal government consistently utilizes an indeterminate sentencing structure FALSE How much does it cost to house one inmate for one year in prison? $35,000 What correctional model is the US currently in? Crime Control Model How many countries currently retain the death penalty? 54 What does the reformatory correctional model focus on? Reform and rehabilitation; indeterminate sentences What does the Thirteenth Amendment protect against? Involuntary servitude What are all of the types of executions allowed in the US? Lethal injection (most common), Lethal gas, Firing squad, Electrocution, Hanging What is an aggravating circumstance? Anything that makes the offense more serious What is a mitigating circumstance? Anything that makes the offense less serious Death penalty does not violate the Constitution. In order to receive the death penalty, at least one statutory aggravating circumstance must be proven beyond a reasonable doubt, AND aggravating circumstances must What was the ruling in Gregg v. Georgia (1976)? outweigh mitigating factors beyond a reasonable doubt. What is the general correction mission? Protect community from crime and Rehabilitate offenders into law-abiding citizens What is treatment organization? Focus on rehabilitation How many Americans are on parole? 880,000 What is inmate classification based on? Security level and custody grade What is public knowledge about corrections often based on? Inaccurate portrayals in media. Federal inmates can earn up to how many days of good time credits annually? 54, after the first year Minimum Security (7) Low Security (42) Medium Security (47) High Security (17) What are the prison types? Administrative Security (20) How many Americans are under correctional supervision? 6.4 million Functions same as those used in airports. Reduce need for officer overtime and workplace injuries. Replace ineffective metal detectors an traditional, unclothed searches. What is the body scanner? Detects contraband within correctional facilities Are prisons allowed to jam cell phone service? No, for safety reasons Where is the federal super maximum prison facility located? Colorado Jail is short term confinement for misdemeanors. What is the difference between jail and prisons? Prison is long term confinement for felonies. Administrative Maximum (ADX); Nickname: Alcatraz of the Rockies What is the name of the supermax federal prison and where is it located? Florence, CO When was the parole abolished by the federal government? 1987 What type of people are supermax prisons not appropriate for? Mentally ill What are the two philosophies of correctional organizations? Custodial (focus on security) and treatment (focus on rehabilitation). T/F Correctional Facilities can release low-risk inmates in the event of an outbreak of an infectious disease TRUE What are Robert Levinson’s our classification categories of correctional facilities? Security, Custody Assignments, Housing Needs, Program Classification Despite their constitutionality being upheld, who cannot serve sentences in supermax prisons? Children and seriously mentally ill inmates. study that was done over a year revealed that 83% of those released from state prison committed a new offense, studies over a longer period revealed even higher rates of offenders. These studies reveal that the prison system as it is not effective at Is the rehabilitation model effective in prisons currently? rehabilitating criminals The minimum-level prisons are like federal prison camps because they have minimal guards, dorm-like housing, limited to no walls, work program orientated, and adjacent to a larger facility. The low prisons would have strong work and programs, double fence perimeters, dorm-like housing, and more staff for inmates. The medium security, also the most amount of federal prisons, strengthened perimeter, cells, variety of work and treatment, higher ratio of staff to inmate. The high security, penitentiaries, higher security housing, cell housing, highest ratio of staff to inmate, and highest level prison except for supermax. The administrative prisons have a special purpose. One example is What's the difference between each federal prison security level? ADX; the only federal supermax prison The first step act assists inmates in applying for benefits , allows up to 54 days of good time credit annually, home confinement for elderly, required to be held close to their home, free tampons and pads, restricted restraint types, and no solitary confinement for What is the First Step Act? juveniles. How much does the federal prison system cost per year? $7.1 billion What is another name for minimum security prisons? Federal prison camps What technology reduced the need for officer overtime, metal detectors, and unclothed searches? Body Scanners T/F Isolation has negative effects on inmates’ mental health TRUE Which federal prison type has the lowest ratio of staff to inmates? Minimum Security What type of housing do medium security federal prisons have? Cell-type housing