CRJ 230 Exam 1-Appellate courts exist to retry cases

CRJ 230 Exam 1 (rev. 7.0) NAME:Date:Scoring: 25 True & False @ 2 points = 50 points 15 Multiple Choice @ 2 points = 30 points 4 Essay @ 5 points = 20 points Total: 100 pointsTrue/FalseIndicate whether the sentence or statement is true or false.1. Appellate courts exist to retry cases that have been appealed by the defense.Answer: 2. It is the job of the defense attorney to ensure that the defendant’s Constitutional rights are not violated. Answer:3. Trial motions can be made at virtually any point in the trial process. Answer:4. If proof of guilt in a criminal trial is not established, the defendant is found ‘innocent’. Answer:5. Prosecutors are actively involved in almost every step of the criminal justice process. Answer:6. According to the Supreme Court, defense counsel, even that provided by the court must be not only available but effective. Answer:7. In most offices, the chief state prosecutor functions more as a corporate manager than a prosecuting attorney. Answer:8. Given their discretion, prosecutors may file charges against a suspect even if they know there is far too little evidence to obtain a conviction. Answer:9. Mandatory sentencing laws have increased the discretionary powers of prosecutors. Answer: 10. The overlying principle of the U.S. Constitution is to lay out what the government must do for its citizens. Answer:11. The right to a speedy trial is found in the Fifth Amendment. Answer:12, States are required to given effective assistance of counsel to indigent defendants. Answer:13. The Reconstruction Amendments (particularly the Fourteenth) are used to protect the citizens from unconstitutional state actions. Answer:14. Even ‘victimless’ crimes cause some harm. Answer: True15. A person can be held liable for a single harm in both criminal and civil court, regardless of the Constitutional ban on double jeopardy. Answer:16. Ideas and concepts are considered property. Answer:17. Attorneys hired privately, by the defendant have a significantly higher rate of acquittals than court-assigned attorneys. Answer:18. Defense counsel is assumed to have provided reasonable services unless significant evidence is provided to the contrary. Answer:19. State courts have a broader jurisdiction than do federal courts. Answer”20. The role of Chief Justice of the U.S. Supreme Court is given to the Court’s most senior (experienced) member. Answer:21. Each state is (generally) free to form a court system as they see fit. Answer:22. Due process applies to anyone threatened by the state with the loss of life, liberty or property. Answer:23. Factual guilt and legal guilt are not synonymous. Answer:24. The U.S. Constitution and Bill of Rights were intentionally written very specifically so as to Remove the need for judicial interpretation. Answer:25. Typically, prosecutors have to work hard to prove their case before a grand jury. Answer: Multiple ChoiceIdentify the letter of the choice that best completes the statement or answers the question.26. How many U.S. Supreme Court justices must vote to hear a case in order to grant a writ of centiorai?FourFiveSixSevenAnswer: Four27. In which state courts are warrants typically issued?Courts of limited jurisdiction.Courts of general jurisdiction.Appellate CourtsState supreme courtsAnswer:28. Who has the authority to remove federal judges found to be not acting with ‘good behavior?’The PresidentThe CongressFellow federal judgesThe people (citizens)Answer:29. The American court system is based on which of the following systems of justice?accusatoryadversarialcollectiveimpeachmentAnswer:30. Under English common law, when were defendant generally allowed counsel?a When charged with any offenseb When charged with a felonyc When charges with a capital offensed NeverAnswer:31. Which of the following is the earliest known set of written laws?a. The Code of Hammurabib. The Roman Rules of Conductc. The Ten Commandmentsd. The Laws of the Nordic PeoplesAnswer:32. Which of the following is a set of instructions for how state agents must act within the criminal justice system?a. Civil lawb. Criminal lawc. Due processd. The Bill of Rights.Answer:33. What is the primary reason, cited in the text, that the first attempt by the Continental Congressto create a unified country failed?:a. There was no central government.b. The central government had virtually no power.c. The central government had too much power.d. The central government was run by an elected king.Answer:34. What is the level of proof required to search a place or seize an item or person?a. Absolute certaintyb. Beyond a reasonable doubtc. Probable caused. Preponderance of the evidenceAnswer: Probable cause35. How are federal U.S. Attorneys selected?Executive appointmentLegislative voteJudicial appointmentPopular vote Answer:36. In most cases, who decides whether or not to charge a suspect with an offense?ProsecutionJudgeChief police investigatorGrand jury Answer:37. Typically, a prosecutor will charge a defendant with ____The most serious level of crime the defendant is believed to have committed.The crime with the best chance of reaching a convictionThe crime worked out in advance with the defense attorney’s officeThe crime recommended to the prosecutor’s office by the police investigator. Answer:38. Basic criminal law, prescribing what people must or cannot do, is commonly referred to as ______Corporate law.Basic law.Substantive lawLayman law. Answer:39. Which of the following is the term for guilty act?Mens reaActus reusCorpus delictiEx post facto Answer: Actus Reus40. Parents can potentially be held liable for the actions of their minor children under ______Strict liabilityVicarious liabilityInchoate liabilityComplicity liability Answer: Vicarious liablityEssay:41. Explain and discuss in detail (in your own words) the two primary roles (adjudication and oversight) played In the criminal justice system. 42. List, discuss and give examples of the four rules/tests for insanity( M’Naghten rule, irresistible impulse test, Durham rule, and substantial capacity test).43. Discuss and provide examples of the concept that prosecutors must only prosecute individuals reasonable believed to be guilty, while defense attorneys must defend clients they know to be guilty.44. Explain and discuss the concept of plea bargaining. Include in your discussion the pros and cons for the prosecution, defense and the court system.

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