CJ 252 Flashcards

Which of the following is not one of the four types of charging documents?

Writ of certiorari

Which of the following court members dominates the grand jury


A defendant's guilty plea must be


cash bond

The accused must post either the full amount of cash bail with the
court or a percentage of it in the form of a cash bond. All of this
money will be returned when all court appearances are satisfied.
because it requires a large amount of cash, this form of bail is
seldom used.


formal accusation of a criminal offense made against a person by a
grand jury


A charge signed by the arresting officer that named had committed a
specified offense.


A formal accusation charging someone with the commission of a crime,
signed by a prosecuting attorney, which has the effect of bringing the
person to trial.

The informal and formal exchange of information between the
prosecutor and the defense attorney prior to trial is called what?


What Amendment guarantees that "in all criminal prosecutions,
the accused shall enjoy the right to a speedy and public trial, by an
impartial jury


A trial before a judge without a jury is called a(n)

Bench trial

sometimes, the police exercise considerable influence by pressuring
prosecutors to overcharge defendants or to file charge even though the
evidence is weak


What must be supported by oath or affirmation of either the victim or
the arresting officer? it is most commonly used in prosecuting
misdemeanor offenses or city order violations.


if a person is indicted, s/he is

Charged with a crime.

In some jurisdictions, misdemeanor defendants enter a plea of guilty
and are sentenced at which stage?

Initial appearance

The uniform crime Report's Type 1 offenses are also referred to as

Index crimes

The standard of proof at a preliminary hearing is probable cause


What criminal justice actors is most likely to file a bill of information

The prosecutor

Which Amendment to the U.S constitution state: "No human shall
be hold to answer for a capital or otherwise infamous crime, unless on
a presentment or indictment of a grand jury?


which of the following is a power of the grand Jury?

All of these are are powers of the grand jury.

The burden of proof required at a preliminary hearing is

Proof beyond a reasonable doubt

The return of a grand jury indictment is also referred to as

A true bill.

What are the three most common types of plea bargains?

Charge bargaining, count bargaining, and sentence bargaining

When the prosecutor allows the defendant to plea guilty to a less
serious charge than the one originally filed this is called

Charge bargaining

when the prosecutor allows the defendant to plea guilty to one charge
and dismisses the rest this is called

count bargaining

which of the following actors would be in favor of broader discovery laws?

defense attorney

release on recognizance is one way to secure pretrial release


The two primary duties of the grand jury have been summarized in the phrase

shield and sword

During what part of the criminal court process does a defendant enter
a plea


Which amendment state:" In all criminal prosecutors, the accused
shall enjoy the right to be informed of the nature and cause of the accusation?

6th Amendment

Opening statement

statement made by both attorneys at the beginning of a trial
explaining to the fact-finder what they believe the evidence in the
case can prove.

closing statement

statement made by attorney at the end of the presentation of evidence
in which the attorney summarizes the case for thr juty

Jury instructions

Direction given by a judge to the member of the jury informing them
of the law applicable to the case


Rebuttal witness may be called by the prosecutor of defense in order
to discredit testimony or evidence brought by the opening counsel
during their case-in-chief.


The main evidence offered by the prosecutor or defense which includes
all evidence, witnesses, direct/cross examination and strategies of
the case presentation.

Drug crimes are categorized as Type 1 offenses in the Uniform Crime Reports


Grand Juries decide the guilt or innocence for defendants charged
with felony offenses,


The main difference between a guilty plea and a no contest plea is
that the latter

cannot be used in a civil proceeding against the defendant

The exclusionary rule applies to

the exclusionary rule applies to all of these

what do adherents of the crime control model oppose plea bargaining ?

They believe defendants get off too lightly

Criminal trials start with two presumptions: the presumption of
innocence and the presumption of....


the strength of the evidence police provide to prosecutors is one of
the most important factors influencing whether prosecutors file
criminal charges


Bail bond

The arrestee hires a bail agent, who posts the amount required and
charges a fee for service rendered, usually 10% of the amount of the bond

Property bond

most states allow a defendant to use a piece of property as collateral

arrest warrant

An official document, signed by a judge, accusing an individual of a
crime and authorizing law enforcement.

Flight risk

used to determine the likelihood of a defendant intentionally fleeing
from and avoiding the pretrial process

during what phase of the criminal justice process is the felony
defendant formally accused of a crime and called upon to enter a pea


Which of the following term means that there is a "fair
probability" that a felony was committed?

probable cause

the traditional legal rule regarding confessions is that confessions_______________

must be free and voluntary

what plea has the same consequences in criminal court as a guilty plea?

nolo contendere (No contest)

the questioning of potential jurors is called?

Voir dire

A defendant who pleads guilty is generally required to read and sign
what form?

A BoyKin form

Which U.S supreme court case held that police must inform suspects of
their rights prior to custodial interrogation

Miranda V. Arizona

Challenges to jurors that require a justification are called challenges__________

for cause

In which of the following U.S supreme court decisions was the
exclusionary rule developed?

U.S. V. Miller

Challenging a jurors that do not require reasons are termed______

peremptory challenges

which of the following is the primary requirement for a search warrant?

Probable cause

What happens immediately prior to a jury beginning deliberations?

the judge instructs the jury

which amendment to the U.S. constitution prohibits unreasonable
searches and seizures

4th Amendment

what is the term indicating that a prosecutor in a criminal cases
must produce some evidence to justify moving a case forward?

Burden of production

what Amendment gives a criminal defendant the privilege not to
testify at trial?

5th Amendment.


A concept that applies the payment of a debt to society and thus the
expiation of one's offense


the purpose of punishment is the prevention of future crime


The more severe the punishment the less likely the offender is to do
the crime again


the more likely the offender is going to be caught, the less likely
the offender is to commit crime again


Criminal behavior is the result of social or psychological disorders,
and the treatment of such disorders should be the focus of correction


Crime can be prevented if criminals are physically restrained


Criminal Justice should be about repairing injury

Who should decide the sentence?

Legislative sentence responsibility
initially responsible for
creating option in the criminal codes they enact.

Rehabilitation model

Wide discretion

Cruel and unusual punishment

8TH amendment

executive sentencing responsibility

Governors, parole boards, departments of corrections carry out the
sentences imposed by judges.


prison overcrowding conditions of confinement
lawsuits high cost realities of imprisonment large
number of criminal force states to look at alternative


Most commonly used sanction in the united states
defendant likely to not commit another offense


Informal limits of courtroom workgroup
rely on the work ground who has the most knowledge of the case


count or charge bargain

Defense Attorney

Trial or guilty plea
Judge shopping
communicate with prosecutor

probation officer



before prison


After prison


Use of weapon


Youth of the defendant

Law in controversy

Uncertainty and public opinion
Sentence more art than science only mistakes
resulting in harm will reach public attention

Due process model

Advocates feared excessive discretion

Crime control

Advocate feared discretion reduced crime control

Appellate court

they are created because several heads are better than one when
examining legal question

the purpose of Appeal

error correction policy formulation

Dissenting opinion

explains why they believe their fellow judges reaches the wrong conclusion

Concurring opinion

judges agree with the opinion and wants to emphasize certain points

plurality opinion

limits or no precedential value because there is no majority decision