CJUS 330 Test 3 Liberty University

1. A careful reading of the Eighth Amendment reveals that the Constitution does not specifically provide that all citizens have a right to bail. Rather, if bail is granted, it must not be “excessive,” as defined by the Supreme Court in Stack v. Boyle (1951), as an amount higher than reasonably calculated to ensure the defendants presence at trial. A right to bail, however, was recognized in common law and in statutes as early as 1789 for all those accused of committing noncapital crimes. In 1966, Congress enacted the Bail Reform Act, thereby creating a statutory presumption favoring pretrial release of federal arrestees. In most communities, the lower-court judges have adopted which kind of bail schedule?
2. Which Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation”?
3. Which of the following is a power of the grand jury?
4. The United States experienced a dramatic increase in crime at the beginning of the 1960s. For almost two decades, the number of crimes known to the police increased much faster than the growth in population. The crime rate plateaued in the beginning of the 1980s and has decreased considerably since the early 1990s. Despite these decreases, the public continues to perceive that crime is on the increase. These fears are reinforced by extensive media coverage, particularly of violent crime. How many official measures of crime exist in the United States?
5. According to the FBI’s Uniform Crime Reporting system, property crimes outnumber violent offenses by a ratio of:
6. Which of the following is one of the three major reasons for case attrition?
7. Grand juries decide the guilt or innocence for defendants charged with felony offenses.
8. If a prosecutor refuses to file charges in a case, there may be a review of this decision by the judge on appeal.
9. Most appearances last approximately three minutes during an initial appearance.
10. Most defendants appear without counsel during an initial appearance.
11. Other than criminal prosecutions as a result of a grand jury investigation, arrests are the overwhelming source of work for the criminal courts.
12. Grand juries have the power to grant witnesses immunity from prosecution.
13. The first part of the __________ Amendment is referred to as the reasonableness clause.
14. A search warrant is a written document, signed by a judge or magistrate, authorizing a law enforcement officer to conduct a search. The Fourth Amendment specifies that “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the Persons or things to be seized.” In light of the plain language of the Fourth Amendment, search warrants issued by a neutral judicial officer are the preferred mechanism for authorizing and conducting searches and seizures in the United States. The vesting of warrant-issuing power in a neutral and detached judicial officer stems from the Supreme Court’s mandate that warrants can be issued only by people who are not involved in the:
15. Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures?
16. In __________, a suspect’s assertion of Miranda rights must be clear and unambiguous.
17. Which Amendment to the U.S. Constitution provides for protection against self-incrimination?
18. Which of the following cases deals with “stop and frisk”?
19. Which types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions?
20. After a police officer decides that a search warrant is necessary, the officer usually goes back to the station house to prepare the application, affidavit, and warrant.
21. Brady material consists of any exculpatory material that the prosecutor has and must be turned over to the defense prior to trial.
22. Discovery is designed to give only the defense in a legal dispute a good idea about the evidence that will be presented at trial.
23. The exclusionary rule prohibits the prosecutor from using illegally obtained evidence during a trial.
24. Because of United States v. Bagley, there is no general constitutional right to discovery in criminal cases.
25. Before a suspect in police custody is interrogated, the suspect must be informed of his/her rights under the Fifth Amendment’s Self-Incrimination Clause.
26. The Miranda decision created new rights for defendants and suspects.
27. Which of the following felonies has the highest trial rate?
28. Is the following considered law on the books or law in action: the defendant pleads guilty to some, but not all, of the counts contained in the charging document?
29. A defendant is charged with aggravated assault. The prosecutor will accept a plea to simple assault. This is an example of which kind of bargain?
30. Throughout a case, decisions on bail, indictment, and screening are based on what knowledge?
31. With a “plea on the nose,” a defendant:
32. Most unexpected events at a trial work to the detriment of which member of the courtroom work group?
33. The case of Boykin v. Alabama requires a judge to determine what?
34. There is no research supporting the existence of a jury trial penalty.
35. Even though a judge or jury is not likely to return a verdict of not guilty, the defendant may still decide that the slim possibility of acquittal is worth the risk of the trial penalty.
36. Plea bargaining did not become well established in the United States until the 1960s.
37. When entered, a guilty plea pursuant to a plea bargain can never be withdrawn.
38. In the courtroom work group, the judge generally knows less about the case than the attorneys.
39. A victim’s preference for a trial is among the most important factors that a prosecutor considers when deciding whether to offer a defendant a plea bargain.
40. The decision-making process for defense attorneys involves four phases.
41. Describe the four most common ways that defendants can secure pretrial release? Which is the most common? Why?
42. Describe the wedding cake model of the criminal justice system. Be sure to provide examples of the types of offenses that may be found in each layer.