CCJ1020 final exam ch7-14 – Flashcards
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According to ________, any evidence that derives from an illegal search and seizure may be declared tainted and excluded from trial
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good faith exception
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a search warrant can only be issued if there is
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probable cause
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According to the Supreme Court, in a search incident to arrest, where are the police permitted to search if they do not have a search warrant?
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the police may only search the area in the arrestee's immediate control
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________ involves tactics used by police interviewers that fall short of physical abuse but still pressure suspects to divulge information.
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inherent coercion
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Which federal law greatly expanded the ability of the police to intercept many forms of electronic communications?
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The USA PATRIOT Act of 2001
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Which of the following is not a special characteristic of electronic evidence?
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it is non-latent
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According to the Supreme Court, the police may conduct a "stop and frisk" without a warrant based on
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reasonable suspicion
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Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye is known as ________ evidence.
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latent
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In the case of Illinois v. Gates, the Supreme Court established which test for evaluating whether information provided by an informant may be the basis for issuing a warrant?
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Two-pronged test
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In Escobedo v. Illinois, the Supreme Court formally recognized a suspect's right to have an attorney present
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during interrogation
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Which of the following is not required for the police to seize contraband under the plain view doctrine?
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The officer must have obtained the property owner's verbal or written permission to search and to seize the contraband.
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When do the police have to read the Miranda warnings to a suspect?
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before questioning an arrested suspect
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When are the police allowed to conduct a search of someone who is not suspected of a crime?
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if there is an overriding concern for public safety
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19-year-old Dzhokhar Tsarnaev, the surviving Boston Marathon bomber, was initially questioned by law enforcement officers before he was read his Miranda rights under which exception to Miranda?
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public safety
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The "Christian burial speech" led to the creation of which exception to the Miranda requirements?
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Inevitable discovery
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According to ________, evidence illegally seized by the police cannot be used in a trial.
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the exclusionary rule
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In which of the following situations would the police not be legally permitted to conduct a warrantless search or seize evidence without a warrant?
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when authorized by the chief of police
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Which Supreme Court ruling applied the exclusionary rule to the states?
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Mapp vs. Ohio
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Which of the following is not one of the three areas of due process requirements that are of relevance to the police?
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double jeopardy
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Landmark cases create changes in
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civil law
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Programs such as the Collier County Spousal Academy are designed to help families of police officers cope with issues relating to _______.
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police officer stress
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In 2003, the U.S. Department of Justice banned its practice of racial profiling in all federal law enforcement agencies, except in cases involving __________.
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terrorist suspects
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The 1970s ________ Commission focused on combatting corruption in New York City.
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Knapp
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The courts have supported drug testing of police officers based on ________ that drug abuse is occurring.
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reasonable suspicion
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The special responsibility to adhere to moral duty and obligation that is inherent in police work is called
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police ethics
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The current standard for the use of deadly force by federal agents is
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imminent danger
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Prior to the Supreme Court ruling in Tennessee v. Garner, the use of deadly force by the police was governed by the ________ rule.
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fleeing felon
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In most big-city police departments, which branch is tasked with investigating charges of wrongdoing involving members of the department?
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Internal Affairs Division
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Which of the following situations could lead to a civil suit for police negligence?
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A police officer injures an innocent bystander during a high-speed vehicle pursuit
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Law enforcement supervisors are
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civilly responsible for the actions of their officers
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________ shields law enforcement officers from constitutional lawsuits if reasonable officers would believe their actions were lawful in light of clearly established law and the available information possessed by the officers.
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qualified immunity
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Which of the following is not a discretional decision that might be made by a patrol officer?
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the decision to charge the suspect with a crime
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In general, the most common way for a police officer to die in the line of duty is as the result of
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gunfire
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The increasing formalization of police work and the accompanying rise in public acceptance of the police is known as
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police professionalism
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The ability of police officers to make choices such as whether or not to investigate is known as
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discretion
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A federal civil suit alleging police misconduct that is filed against a local police officer is commonly known as a
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section 1983 lawsuit
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Which is not a characteristic of the police working personality?
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cheerful
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A police subculture includes
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shared values, beliefs, and forms of behavior
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The two key elements in the definition of police corruption are
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misuse of authority and personal gain
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Which of the following is the most serious type of corruption?
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denial of civil rights
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In which 1989 case did the U.S. Supreme Court establish the standard of "objective reasonableness" in determining the appropriate use of deadly force by a police officer?
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graham vs. connor
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A ________ is a low-level court that focuses on quality-of-life crimes eroding neighborhood morale and is an official component of the formal criminal justice system.
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community court
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The dual court system of the United States consists of which two types of courts?
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federal and state courts
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The federal Professional Misconduct Review Unit is responsible for disciplining federal ________ who engage in various types of misconduct.
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prosecutors
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The U.S. District Courts are the
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trial courts for the federal system
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A subpoena
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is a written order requiring an individual to appear in court
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The federal court system was created by
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Article III, Section 1 of the U.S. Constitution.
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What does the power of judicial review allow the Supreme Court to do?
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Review lower-court decisions and state and federal statutes
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Which of the following is not a member of the courtroom work group?
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Jury
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Which of the following is not a responsibility of the bailiff?
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creating a record of everything occurring during trial
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The decision as to whether or not to charge a suspect with an offense is an example of ________ discretion.
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prosecutorial
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The role of the ________ is to create a record of all that occurs during a trial.
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court reporter
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What is the Missouri Plan?
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A plan for restructuring state courts systems to increase efficiency and reduce case backlog
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Which of the following individuals would probably not be required to serve on a jury?
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a physician
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One category of appeals heard by federal appellate courts are ________ appeals, which involve major questions of law and policy where there is considerable professional disagreement among the courts.
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nonconsensual
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A ________ is an informal hearing place used to hear victims' claims of minor wrongs such as petty theft or trespassing.
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dispute resolution center
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Courts that have the authority to review a decision made by a lower court are said to have ________ jurisdiction.
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appellate
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A defendant who is not indigent and who can afford private attorney fees will have which type of defense attorney?
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retained counsel
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An eyewitness who saw a crime being committed is an example of a(n) ________ witness
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lay
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Which of the following is not one of the three levels of the federal judiciary?
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U.S. specialized courts
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How are federal judges selected?
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They are appointed by the President with the consent of the Senate
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________ is information having a tendency to clear a person of guilt or blame.
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Exculpatory evidence
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Who has been considered a "forgotten" person in the courtroom?
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the victim
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Robert Martinson's "nothing-works" doctrine was an attack on
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treatment
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Which of the following statements regarding prison privatization is true?
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Correctional officers working in private prisons are not covered by state laws that govern the activities of public correctional officers
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The first mass prison system, in which inmates lived, ate, and worked together in enforced silence, was known as the ________ system.
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Auburn
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What is the purpose of an external or initial classification system in corrections?
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to assign new inmates to a custody level
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According to the text, the fastest-growing population of jail inmates is
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women
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The stocks and the pillory are examples of what early form of punishment?
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public humiliation
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Lex talionis is also known as the law of
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retaliation
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Why are regional jails becoming more popular?
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they are more economical
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The ________ was an early American system of imprisonment that was considered to be humane and that provided inmates with the opportunity for rehabilitation.
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Pennsylvania system
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Which of the following statements about new-generation jails is false?
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They result in higher rates of lawsuits brought by inmates
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What made Maconochie's system of marks unique and innovative in corrections at that time?
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It increased the severity of the punishment endured by inmates
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The modern practice of parole has its origins in the work of which reformer?
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Captain Alexander Maconochie
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Which of the following is a characteristic of a medium security federal correctional institution?
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has mostly cell-type housing
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A journalist who is writing an article on prison overcrowding in the U.S. and wants to use the estimate that yields the highest level of overcrowding would probably choose which definition of prison capacity?
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rated capacity
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Work release is representative of which era in the development of U.S. prisons?
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the community-based era
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Which of the following prison programs is most characteristic of the just-deserts era of corrections?
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chain gangs
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Why did some inmates oppose the treatment model?
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They were not given a choice in treatment participation
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What impact did the Ashurst-Sumners Act have on prisons?
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It placed a moratorium on free-market prison industries
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Which system of inmate labor turned control of inmates over to non-correctional personnel?
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the lease system
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A typical state prison today
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is fairly small, with a population of less than 500 inmates
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The emphasis on individual responsibility was a key characteristic of the ________ model.
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justice
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The first juvenile court that was separate in form and function from adult criminal courts was created in
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Illinois
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Which of the following is not one of the key philosophical principles on which the juvenile court movement was based?
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Juveniles are entitled to the same due process rights as adults
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The ________ hearing is the final stage in the processing of adjudicated juveniles and is similar to an adult sentencing hearing.
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dispositional
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In 2013, California Governor Jerry Brown announced that he would stop new admissions to the state's Division of Juvenile Justice (DJJ) facilities and provide funds to the counties in an effort to have the counties deal with juveniles at the point they are most likely to return. This is an example of a
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realignment strategy
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What is the minimum age at which someone convicted of first degree murder may be sentenced to death?
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18
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In the case of In re Winship, the Supreme Court held that delinquency must be established
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beyond a reasonable doubt
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Which is the first step in decision-making regarding a juvenile whose behavior or alleged behavior is in violation of the law or could otherwise cause a juvenile court to assume jurisdiction?
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Intake
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Children who are beyond parental control and need state protection are considered to be
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undisciplined children
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The juvenile court's fact-finding process, which is similar to an adult trial, is known as
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an adjudicatory hearing
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Which of the following is probably not a status offense?
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marijuana use
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Which landmark U.S. Supreme Court case guaranteed juveniles many of the same procedural due process rights as adults?
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In re Gault
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A ________ sentence is a combination of a juvenile disposition and an adult criminal sentence.
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blended
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The U.S. Supreme Court has held that juveniles do not have which of the following procedural rights?
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the right to a trial by a jury of their peers
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Juveniles held in private secure facilities are more likely to have committed a
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status offense
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Which of the following is most likely to be a special condition of probation, rather than a general condition?
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The probationer must surrender his or her driver's license
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What does research suggest about SVORI programs?
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Participation in SVORI programs is associated with longer times to arrest
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Which of the following sentences is not an of an intermediate sanction?
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simple probation
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Which of the following is a characteristic of the social work model of probation and parole?
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Officers assist clients meet the conditions imposed upon them by their sentences
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Which of the following is not one of the most frequent violations for which parole or probation revocation occurs?
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Commission of a serious crime while on parole or probation
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What is the most common form of criminal sentencing in the US today?
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probation
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Which of the following is not an advantage of using intermediate sanctions?
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They are more directly related to the offense committed
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Which of the following is not a function of a probation or parole officer's work?
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Conduct investigations to assist prosecutors
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What was the main purpose of the 2008 Second Chance Act?
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To reduce the number of parolees being returned to prison for technical violations
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What is the primary purpose of probation?
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rehabilitation
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Why was the case of Griffin v. Wisconsin so significant?
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Because it considers probation to be similar to incarceration and holds that the exclusionary rule does not apply
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Which of the following statements about parole is false?
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Parole is a sentencing option available to a judge
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According to critics of parole, why are there so many parole violations?
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Prisoners are not properly reintegrated into society.
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Which of the following is not an advantage of probation and parole over imprisonment?
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relative lack of punishment
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What form of probation requires frequent face-to-face contacts between the probation officer and the probationer?
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Intensive probation supervision
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Which form of house arrest using remote location monitoring is the most restrictive?
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home incarceration
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According to the Supreme Court in the case of Morrissey v. Brewer, procedural safeguards are required at
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parole revocation hearings
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Which intermediate sanction resembles a military-style boot camp?
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shock incarceration
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________ hearings determine whether parolees have violated the conditions of their parole
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revocation
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General conditions of probation
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apply to all probationers in a given jurisdiction
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what amendment prohibits unreasonable search & seizure?
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4th amendment
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what amendment has extended constitutional protection to the states?
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14th amendment
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is double jeopardy apart of due process?
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no
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what did 14th amendment do?
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due process-state's
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what are some provisions that apply to the police?
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search + seizure, arrest, intelligence gathering
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double jeopardy applies to
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the prosecutor
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when can police search + seize without a warrant?
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when they can see in plain view
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can the chief of police authorize police to search w/o warrant?
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no
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does the officer have to get the owner's written or verbal permission to seize contraband under plain view?
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no
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stop and frisk
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reasonable suspicion
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a suspicionless search
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border search, dui checkpoint, overriding concern for public safety
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judge judy what type of court?
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trial court of limited jurisdiction
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3 levels of federal court?
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U.S. district, U.S. court of appeals, U.S. supreme court
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U.S. district courts are what type of court for the federal system?
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trial court
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earliest stage of court process where they get notice of charges:
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first appearance
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what is ROR
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release on own recognizance- written promise to appear
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who issues an indictment?
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grand jury
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what are the types of pleas?
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guilty, not guilty, nolo contendre (no contest)
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american criminal trial courts are operated under what type of system?
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adversarial system
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speedy trial
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6th amendment
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juror challenges:
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peremptory, unlimited, array
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peremptory:
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dont have to tell them why
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unlimited:
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moved for a cause
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array:
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challenging the entire jury
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a juror....
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cannot be fair and impartial
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standard approve for conviction
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guilt has to be found beyond a reasonable doubt
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the decision whether or not to charge a suspect is called
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prosecutorial discretion
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duties of the defense attorney?
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plea negotiation, ensure the defendants civil rights aren't violated, test the strength of the prosecutions case
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can afford your own private attorney:
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retained counsel
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in a large city police department who is tasked with investigating wrong-doing?
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internal affairs
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sue a federal officer
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bivens action
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just deserts model of sentencing emphasizes
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retribution
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if we want to separate defendants from society to reduce the opportunity to commit more crimes
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incapacitation
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which type of sentencing gives the great amount of judicial discretion to a judge?
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indeterminate
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the relationship between the severity of the sanction to the severity of the crime
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proportionality means
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no leeway, no discretion
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mandatory
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judge wants background info before sentencing defendant
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pre-sentence investigation
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this model corrections emphasized individual responsibility
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justice model
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federal admax prision
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ultra high security
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a hearing to determine if conditions of parole were violated
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revocation hearing
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discourage potential offenders from committing crimes
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general deterrence
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gives the ability of police officers to make choices whether or not to investigate
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discretion
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an indictment is filed by ________
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the grand jury
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Removing the jurors from all possible outside influences is known as ________ the jury.
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sequestering
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Which of the following alternatives to bail does not place any money or other items at risk if the defendant fails to appear in court?
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third party custody release
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________ is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged.
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legal guilt
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Which of the following is not an advantage of plea bargaining for the accused?
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It results in a sentence more suitably addressing the accused's correctional needs
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Which of the following is not a type of juror challenge?
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challenges for knowledge
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Overall, approximately what percent of state criminal cases are resolved through plea bargaining?
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almost 95%
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Court ________ would reduce the number of jurisdictions.
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unification
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An oral or written request asking the court to make a specified finding, decision, or order is also known as
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a motion
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Which of the following statements regarding a deposit bail program is false?
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If the defendant appears in court as required, the full amount posted is returned.
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Which of the following is not a type of risk that judicial officers consider when making pretrial release decisions?
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The risk to the defendant of remaining in jail until trial
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American criminal trial courts operate under a structure known as
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the adversarial system
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When is a probable cause hearing necessary?
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when arrest was made w/o a warrant
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Which of the following is a purpose of bail?
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To prevent unconvicted suspects from suffering imprisonment unnecessarily
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If the prosecutor calls a witness to the stand, who conducts the redirect examination?
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the prosecutor
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Which of the following does not always occur at a first appearance?
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defendants are given the opportunity for bail
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during jury selection, challenges for cause.....
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do not require the attorney to give a reason
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Federal sentencing guidelines
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provide a range of punishments for a specific crime.
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In which case did the Supreme Court approve the separation of the determination of guilt from the determination of the sentence?
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Gregg v. Georgia
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Which of the following requires that a prison be brought before a judicial officer to determine if he or she is being lawfully imprisoned?
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Writ of habeas corpus
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________ is a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime.
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mandatory sentencing
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Which one of the following arguments regarding the death penalty is not an abolitionist rationale?
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just deserts
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Which of the following is not one of the main goals of contemporary sentencing?
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restitution
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What is the main limitation of the Crime Victims' Rights Act?
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It only provide rights to victims of federal crimes.
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Critics of the indeterminate model of sentencing emphasize all but which key sentencing principle?
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just deserts
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What appears to be the most dramatic result of the recent emphasis on the use of mandatory sentencing and other get-tough policies?
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The use of incarceration as a sentencing option has increased significantly
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Which sentencing model tends to involve the greatest amount of judicial discretion?
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Indeterminate sentencing
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What is the main priority of justice reinvestment?
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Prioritizing the use of alternatives to incarceration for nonviolent offenders
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Which one of the following is not a traditional sentencing option?
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parole
