The U.S. Supreme Court case that granted counsel to indigent defendants in felony prosecutions?
Gideon v. Wainwright
The drug court movement began in New York?
False
This person does not have the means to hire an attorney?
Indigent defendant
If the prosecutor decides to pursue a case, the charges may later be dropped if conditions are not favorable for a conviction in a process called?
Nolle prosequi
The process of deciding a case by a group of persons selected and sworn in to serve as jurors at a criminal trial?
Jury Trial
This is an order for a superior court requesting that the record of an inferior court be brought forward for review or inspection?
writ of certiorari
Appellate courts try cases?
False
The federal court system is organized around a _________hierarchy of court jurisdiction.
Three-tiered
In this U.S. Supreme Court case prosecutors are allowed to carry out threats of increased charges when the defendant refuses to plead guilty to original charge?
Bordenkircher v. Hayes
The Sixth Amendment assures the right to counsel?
True
What Amendment to the Constitution allows for provision of counsel at trial?
Sixth Amendment
This court reconsiders a case that has already been tried?
Appellate Court
Courts of general jurisdiction are sometimes called municipal courts?
False
These are courts that have jurisdiction over misdemeanors and conduct preliminary investigations of felony charges?
State courts of limited jurisdiction
State_______process about 20 million cases of criminal conduct each year.
court system
The U.S. Supreme Court is the only court established by constitutional mandate?
True
Interviewing witnesses in a criminal case is one of the duties of the prosecutor?
True
The ________is used to select judeges in more than 30 states.
popular election
The Supreme Court issues a ____________indicating that it has decided to hear a case.
writ of certorari
List two specialized courts.
Drug courts
Mental Health courts
What are the Courts of the Georgia State Court System?
1. Magistrate
2. Probate
3. Juvenile
4. State
5. Superior
6. Supreme
7. Court of Appeals
Bail can be used to punish an accused and can be denied or revoked at the indulgence of the court?
False
At the_________, defendants are informed of the formal charges and asked to enter a plea.
Arraignment
An ___________is a charging document drawn up by a prosecutor and submitted to a grand jury.
Indictment
The Eighth Amendment prohibits__________.
excessive bail
A__________is the dismissal of a prospective juror for unexplained, discretionary reasons.
peremptory challenge
More than half of all violent criminals are released before trial?
False
A nolo contendere (no contest) plea is essentially the same as a guilty plea?
True
The grand jury has the power to act as an independent investigative body?
True
A________is issued if the grand jury fails to find that probable cause to prosecute exists.
No Bill
Diversion programs allow a defendant to enter treatment instead of trial?
True
A________is the name given to the report of a grand jury investigation.
presentment
The__________Amendent to the Constitution guarantees the right to a trial by jury.
Sixth
The state can never order a defendent to take medication when s/he is ruled incompetent to stand trial?
False
In about half the states, a_____________ is used as an alternative to grand jury.
prosecutor's information
There is no set time that defines a speedy trial?
True
Most states impose qualifications, such as a high school education, on those called for jury service?
False
Voir dire is when potential jurors are questioned by the prosecutioon and the defense to determine if they can sit on the jury?
True
If a verdict cannot be reached, the trial may result in a_______.
hung jury
In a criminal case, a preponderance of the evidence is sometimes enough to convict?
False
The concept of the grand jury was brought to the American colonies by early settlers and later incorporated into the ______Amendment of the U.S. Constitution.
Fifth
What are the steps in the court process? (15)
1. initial contact
2. investigation
3. arrest
4. custody
5. charging
6. preliminary hearing / grand jury
7. arraignment
8. bail / detention
9. plea bargaining
10. trial / adjudication
11. sentencing / disposition
12. appeal / postconviction remedies
13. correctional treatment
14. release
15. post release
What type of sentence did an offender receive if convicted of two or more crimes and the prison sentence is completed after the longest simple term has been served?
concurrent sentence
"Let the sentence fit the criminal" best describes the basic philosophy of?
just desert
In the case of Blakely v. Washington, the Court found that Washington state's sentencing guidelines were in violation of the _______Amendment.
Sixth
Historically, those that violated the law were considered morally corrupt?
True
____________relies on a fixed term of incarceration set in law by the legislature.
mandatory sentencing
The beginning of the Enlightment Era marked the end of transporting criminals to America?
False
The determinate sentence is still the most widely used type of sentence in the United States?
False
The________goal of punishment means that means that an offender must pay back the victim for their loss.
equity
The use of____________factors such as offender age is a direct violation of the constitution.
extralegal
General deterrence argues that crime rates should fall as the likelihood of getting punished rises?
False
Reducing recidivism is the primary goal of a specific deterrence?
True
A sentence of three to twenty years for a crime of burglary is an example of an__________sentence.
indeterminate
A sentencing target of eight to twenty-five years in prison is an example of a determinate sentence?
False
The death penalty is used in all states and by the federal government?
False
Sentencing__________are used to control and structure the sentencing process and reduce bias.
guidelines
Death penalty researchers do not all agree that the theat of capitol punishment serves as an effective deterrent to murder?
True
Three-strikes laws are an example of a_________sentence.
mandatory
A_________describes the loss suffered by the victim of a crime.
victim impact statement
Supporters of the death penalty argue that capital punishment conforms to the requirement that the punishment be_________to the crime.
proportional
Opponents of the death penalty argue that the____________of the death penalty may produce more violence.
brutalization effect
A number of states in the U.S. have placed a moratorium on executions until the issue of potential for error is adequately addressed?
True
Over 100 countries actively utilize the death penalty?
False
What term was adopted in 12th century to refer to a breach of faith with one's feudal lord?
felonia
Poor laws were developed in England at the end of the___________century.
Sixteenth
To qualify for federal funds under truth-in-sentencing laws, states must require persons convicted of a violent felony crime to serve not less than_______percent of the prison sentence.
85
Using mandatory life sentences so criminals cannot hurt other citizens is the core goal of what?
three-strikes law
Which punishment philosophy holds that criminal sentences should be proportional to the seriousness of the criminal act?
