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155 Cards in this Set
- Front
- Back
most defendants are detained in jail while awaiting trial
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false
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if Jake is convicted in the US district court and then loses his appeal in the US court of appeals, he has the right to have the US supreme court review his case
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false
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the purpose of a preliminary hearing is to determine the guilt of a defendant
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false
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a nolo contendre, or no-contest plea, at arraignment is different from a guilty plea in that it is not an admission of guilt
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true
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2 types of courts function in the American criminal justice system: state courts and federal courts
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true
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when an appeal is granted, courts within the appellate division conduct a new trial.
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false
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in some instances, state courts will try a case involving federal law
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false
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most convictions, when appealed to a higher court, will be reversed
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false
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there are 12 US supreme court justices
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false
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at least 4 us supreme court justices must vote in favor of a hearing for a case to be heard
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true
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plea bargaining is becoming increasingly rare, especially in urban court systems
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false
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an arraignment, a bail hearing, or a trial for a felony offense would be conducted at which tier of a state court system
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trial court of general jurisdiction
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courts that have the authority to review a decision made by a lower court are said to have
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appellate jurisdiction
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all of the following are true statements about the US supreme court except
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once confirmed, a justice serves an eight year term
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thomas henderson's decisional model describes the lower court process as
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informal and decisive
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on appeal, when a trial court of general jurisdiction offers a new trial instead of the review of the lower court's decision, it is giving a
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trial de novo
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the bail decision is made at what stage of the court process
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1st appearance
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in which court would a felony trial be held in the federal court system
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district court
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McNabb v. US formally establishes that a defendant has to appear at a first appearance within how many hours after arrest
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48
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which US supreme court case established the court's authority as the final interpreter of the US constitution
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Marbury v. Madison
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one purpose of ______ is to help ensure the reappearance of the accused at trial
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bail
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which of the following is not an alternative to bail?
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nolo contendre
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the dual court system consists of
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state and federal courts
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states that followed the federal court model have how many tiers
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3
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a state misdemeanor case is likely to start in
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a trial court of limited jurisdiction
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what court is the first appellate level for courts of limited jurisdiction
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trial courts of general jurisdiction
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which of the following does not occur at the first appearance?
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a defendant has the opportunity to cross-examine witnesses
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about what percentage of criminal defendants are released pending the outcome of their case
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63%
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which of the following statements about grand juries is false
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defendants can cross-examine prosecution witnesses during a grand jury hearing
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what type of plea is similar to a guilty plea
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nolo contendere
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what is the primary purpose of the preliminary hearing
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to give the defendant the opportunity to challenge the legal basis for his or her detention
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exculpatory evidence is info having a tendency to clear a person of guilt or blame
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true
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a prosecutor is absolutely immune from civil liability when giving advice to the police
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false
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suspects have the constitutional right to represent themselves
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true
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an indignent suspect charged with a misdemeanor for which he or she could be sentenced to a term of imprisonment has the constitutional right to be represented by counsel
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true
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the Missouri plan for judicial selection includes elements of judicial selection by election and appointment
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true
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a peremptory challenge allows attorneys to remove potential jurors, but the attorneys must give a reason for doing so
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false
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peremptory challenges are limited in number
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true
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a US supreme court case effectively made constitutional guarantees of a speedy trial applicable to state governments as well as the federal government
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true
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all of the following are considered professionals in the courtroom work group except:
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the victim
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which statement is false regarding the role of the judge in the courtroom work group?
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the judge is responsible for presenting the state's case against the defendant
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which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt?
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the prosecutor
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who keeps order in the courtroom and announces the judge's entry to the courtroom?
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the bailiff
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which US supreme court case established the right to counsel for juvenile defendants?
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In Re Gault
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the federal speed trial act allows for the dismissal of charges when the prosecution does not seek indictment within 30 days of arrest, or when a trial does not begin within _____ days after indictment
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70
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which of the following is not a type of juror challenge?
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challenge for knowledge
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the _____ is a two-sided structure under which the American criminal trial court operates that pits the prosecution against the defense
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adversarial system
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weapons, tire tracks, and fingerprints are what type of evidence?
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real evidence
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court appointed defense attorneys whose fees are paid at a set rate by local or state government are also called
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assigned counsel
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research indicates that rehabilitation works. most offenders do not commit additional crimes after serving their sentences
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false
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in 2005 the US supreme court issued a decision that rendered the federal sentencing guidelines merely advisory
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true
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although most state felony cases are resolved by negotiated pleas, suspects charged with a federal felony usually go to trial
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false
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indeterminate sentencing is also sometimes called presumptive sentencing
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false
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specific deterrence seeks to reduce the likelihood of recidivism by convicted offenders
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true
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most research has clearly demonstrated that the death penalty often deters potential offenders from committing crime
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false
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according to the principle of equity, defendants should receive roughly the same sentence when the circumstances of the crimes they committed are similar
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true
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fines are one of the oldest and most widely used type of criminal sanction
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true
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between 1967 and 1977, a de facto moratorium existed with no executions carried out in any US jurisdiction
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true
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which of the following is not one of the goals of contemporary sentencing?
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mitigation
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which sentencing goal stresses vengeance?
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retribution
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separating offenders from the community furthers which sentencing goal
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incapacitation
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which sentencing goal is closely associated with the phrase "an eye for an eye"?
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retribution
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_____ deterrence seeks to reduce the likelihood of recidivism by convicted offenders.
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specific
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which sentencing goal attempts to make the victim "whole again"?
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restoration
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a sentence of 8 to 25 with the possibility of parole is an example of a?
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indeterminate sentence
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proportionality holds that
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the severity of sanctions should bear a direct relationship to the seriousness of the crime
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a model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or gain time
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determinate
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cooperating with the authorities, good character,and no prior record are examples of
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mitigating
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who is the final arbiter of the actual sentence served in a state that relies on a indeterminate sentencing scheme
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the parole board
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which sentencing practice specifies a sentencing range for each criminal offense
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indeterminate
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"truth in sentencing" guarantees that offenders will serve at least _____ percent of their sentence
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85%
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when a judge prior to sentencing requests info on the background of a convicted defendant, it is called a
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presentence investigation
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_____ fines take into account the financial resources of the offender
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day
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what is the primary tool of the just deserts model
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imprisonment
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what goal of sentencing is sometimes referred to as the "lock 'em up approach"
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incapacitation
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in indeterminate sentencing states, what is the primary determinant of the amount of time served
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inmate behavior while incarcerated
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three strikes laws are representative of
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mandatory sentencing
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what percentage of federal cases are the result of guilty pleas
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90%
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the US supreme court in its opinion, Gregg v Georgia, approved a two-step trial procedure in
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death penalty cases
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how many states have capital punishment laws
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38
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the opposite of aggravating circumstances in sentencing is
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mitigating circumstances
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what percentage of death row inmates are male?
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98.4%
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what method of execution is used in most staes
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lethal injection
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nationwide, approximately 89% of parolees successfully complete parole
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false
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of the offenders who are released on parole, only about 3% of them will be reincarcerated within 3 yrs
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false
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a probation officer does not need a search warrant or probable cause to search probationer's residence
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true
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because federal probation officers are not law enforcement officers they have no authority to arrest
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false
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offenders who have been paroled generally avoid serving time in prison, while probationers are incarcerated before release
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false
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if a probationer does not claim a right to self-incrimination, any statements made to a probation officer may be used as evidence
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true
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which of the following statements about probation is false
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convicted murderers and rapists cannot be sentenced to probation
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which intermediate sanction resembles a military-style boot camp?
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shock incarceration
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revocation of probation of parole
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requires a hearing before a legally constituted hearing body to determine if the conditions of probation or parole were violated
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in Simmons v. California, the US supreme court held that
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the police may search a parolee for the sole reason that he or she is on parole
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the serious violent offender reentry initiative (svori) has found that _____ reduce recidivism
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vocational and work release programs improve job skills and will
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probation is ordered by the ...
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court
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which US supreme court decision ruled that probation officers may search a probationer's residence without a search warrant
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Griffin v. Wisconsin
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what is the most common form of criminal sentencing in the US
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probation
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nationwide, approximately what percentage of inmates successfully complete parole
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46%
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which of the following is not one of the most frequent violations for which revocation occurs?
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armed robbery
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which typed of sentence requires that offenders serve time in a local jail before a period of supervised probation
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split sentence
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which of the following intermediate sanctions exposes offenders to highly regimented environment involving strict discipline, physical training, and hard labor?
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shock incarceration
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what kind of parole hearing determines whether the parolee has violated the conditions of his or her parole?
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revocation hearing
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design capacity refers to what the prison can accommodate according to experts
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false
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_____ incapacitation seeks to identify the most dangerous criminals
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selective
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which of the following is not a dimension that can be used to measure prison crowding
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the prison's fiscal budget
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the number of privileges given to inmates continues to increase
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false
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which of the following SC cases held that correctional officers employed by a private firm are not entitled to qualified immunity from suits from prisoners?
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richardson v. mcknight
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most states use a _____ system to assign inmates to custody levels
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classification
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most states have one large _____ institution
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centrally located maximum-security
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violent offenders cannot be incarcerated in a minimum-security facility
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false
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_____ incapacitation is a strategy that would imprison almost all serious offenders
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collective
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which level of security is highest within the federal prison system
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administrative maximum
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a prison is a confinement facility administered by an agency of local government
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false
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what state became the first in modern times to reinstitute the use of the prison chain gang
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alabama
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more politically conservative states make less use of imprisonment than more liberal states
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false
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most people processed through the countries jails are white
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false
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in 2003 the US had how many county jails
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3,360
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the largest growth group in jails nationwide is
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females
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whites are incarcerated at lower rates than blacks
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true
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which term refers to the size of the inmate population a facility can handle according to the judgment of experts
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rated capacity
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_____ capacity is the number of inmates that a facility can effectively accommodate based on an approval of the institution's staff, programs and services.
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operational
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which of the following is a latin term meaning "after the fact"?
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ex post facto
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medium and low security facilities in the federal prison system are called
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federal correctional institutions
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the typical Amerian prison today is
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minimum or medium custody
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operational capacity is
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the # of inmates a prison can effectively accommodate based upon management considerations
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how many institutions are there in the federal prison system
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103
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inmates are generally housed in dormitory-like settings and are free to walk the yard in _____ security institutions
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minimum
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death-row inmates are placed in minimum security institutions
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false
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jails that are built and run using the combined resources of a variety of local jurisdictions are called
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regional jails
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_____ becomes more important in direct supervision jails, where relationships are more complex
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training and supervision
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between 1991 and 2005 the national crime rate decreased 32% while the rate of incarceration increased 61%
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true
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which of the following statements about jail is false?
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the # of males sentenced to jail is growing much faster than the # of females sentenced to jail
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the majority of the country' s jail inmates are
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members of minority groups
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the use of prison chain gangs, the abolition of parole, and an emphasis on individual responsibility and punishment are aspects of the _____ model of imprisonment
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justice
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a small percentage of jail facilities, about 6%, house more than half of all jail inmates
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true
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which level of prison security often has chain-link fences topped with barbed wire?
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medium-security
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the number of inmates held in private prisons is slowly decreasing
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false
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what is the primary force holding inmates in minimum security prisons
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their own restraint
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how many security levels are there in the federal prison system
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5
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_____ is the most secure prison ever built by the federal government
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the ADMAX at Florence, Colorado
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female officers working in jails
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are disproportionately skewed towards jobs in the lower ranks
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jails have been called the _____ of the criminal justice system
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shame
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inmates in maximum-security prisons are generally housed in dormitory-like settings
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false
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which supreme court case held that overcrowding in prisons is not by itself cruel and unusual
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Rhodes v. Chapman
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All the states in America tend to use imprisonment at about the same rate
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false
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high-security facilities in the federal prison are called
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US Penitentiaries
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women account for about what % of the country's jail populations?
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13%
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what is the name of the jail strategy that joins "pod architecture" with a participative, proactive management philosophy?
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direct supervision
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most people sentenced to federal prison have been convicted of _____ crimes.
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drug
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the operational capacity of a prison is the number of inmates a prison was intended to hold when it was built?
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false
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all death row inmates are held in _____ prisons.
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maximum-security
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_____ capacity refers to the inmate population the institution was originally built to handle.
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design
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since 1980, the prison population has
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quadrupled
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inmates have a reasonable expectation of privacy in their cells under the 4th Amendment
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false
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in regard to religious freedom, prisoners must be given
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a "reasonable opportunity" to pursue their fath
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