Criminal Courts (U.S.) Quiz # 17

_____ is a utilitarian justification of punishment that involves preventing crime by reforming, or treating, offenders. The techniques used to reform or rehabilitate offenders include such things as individual or group counseling, education, job training, substance abuse treatment, and behavior modification programs.

Right to a speedy trial

Rehabilitation

None of these

Right to confront witnesses

_____ is defined as backward-looking justification of punishment that holds that an offender is punished because he or she has done something wrong—something blameworthy—and therefore deserves to be punished.

Retributive justifications for punishment

Speeding

Shoplifting

All of these

_____ is known as punishment philosophy that holds that offenders who are dangerous and likely to commit additional crimes should be incapacitated through a jail or prison sentence. Involves predicting that an individual offender, or offenders with certain characteristics, will commit additional crimes if not locked up.

Powell Test

All of these

Selective incapacitation

Effectiveness test

Is sentencing guidelines structured sentencing system implemented by the federal government and some states. Typically, sentence ranges are determined by the intersection of a crime seriousness score and the defendant’s criminal history score, and judges cannot depart from the guidelines without providing reasons for doing so?

True

False

_____ is use of punishment to dissuade offenders from reoffending. An offender who has been legally punished ceases offending because of a fear of future punishment.

Specific deterrence

The fundamental values must be unwritten.

None of these

A nation must recognize the supremacy of certain fundamental values and principles.

_____ is defined as penalty or “tax” imposed on defendants who do not plead guilty but who insist on a jury trial. Notion that defendants who go to trial will get harsher sentences than those who plead guilty.

Trial penalty/jury tax

Harm

Magistrate judges

All of these

_____ is known as forward-looking justifications of punishment that focus on the future criminal behavior of both the person being punished and other members of society. The goal is to prevent future crime through deterrence, incapacitation, or rehabilitation.

Executive appointment

Popular election

All of these

Utilitarian justifications for punishment

Is double jeopardy clause clause in the Fifth Amendment that prevents the state or federal government from prosecuting an individual for the same crime more than once?

True

False

_____ is limits the timing of an appeal until after the court hands down its final judgment as to the defendant’s guilt.

Information

Final judgment

Prosecutor

None of these

_____ is defined as rule that states that an error that would not have altered the outcome of the case (i.e., a harmless error) does not require the appellate court to overrule the offender’s conviction or sentence.

Harmless error rule

All of these

Credible

Bill of rights

_____ is known as an appeal filed prior to adjudication of a criminal case. This type of appeal focuses on critical constitutional questions that have no bearing on the defendant’s guilt (or lack of).

Venue

Interlocutory appeals

All of these

Substantive law

Is intermediate appellate courts state courts found in many states that are the first to hear appeals from lower state courts. Intermediate appellate courts must hear the appeal and render a decision before either side can appeal to the state court of last resort?

True

False

_____ is the notion that communities that allow “broken windows”—which is a metaphor for litter, decay, vandalism, graffiti, and similar types of social disorganization—to proliferate will have higher levels of crime than will communities that attend to these problems and clean up their streets and neighborhoods.

Broken windows

Mixed

Fixed-fee-per-case contract

None of these

_____ is defined as civic-minded individuals who, during the early part of the 20th century, advocated state intervention to save at-risk children who were not being adequately controlled or supervised by their parents. Their stated goal was to help delinquent, abused, and neglected children who were suffering due to the negative effects of rapid industrialization.

All of these

Impeachment

Nuisance doctrine

Child savers

_____ is known as a specialized court, located in a neighborhood rather than in the downtown core, that handles minor offenses and emphasizes finding solutions to crime problems that are plaguing the neighborhood.

Bailment

Writ of certiorari

Community court

None of these

Is domestic violence court a problem-solving court with a specialized docket of domestic violence cases. A multidisciplinary team of criminal justice and social service agency officials attempt to craft interventions that will ensure both victim safety and batterer accountability?

False

True

_____ is a problem-solving court with a specialized docket of drug offenses. The court incorporates intensive judicial supervision of drug offenders, mandatory drug treatment, and a rehabilitation program providing vocational, education, family, and medical services.

Conflicting accounts of what occurred between the victim and accused

Generally no witnesses

All of these

Drug treatment court

_____ is defined as A specialized court that focuses on legal problems common to those who are homeless. For example, the court may help homeless individuals pay fines and resolve outstanding infractions and misdemeanor offenses.

Homeless court

Help prepare arrest and search warrants

None of these

Oversee the adjudication of criminal matters

_____ is known as latin for “in place of the parents.” Philosophy that, in conjunction with parens patriae, allows the juvenile court to act in the best interests of the children who appear before it.

In loco parentis

Judicial disciplinary commission

None of these

Code of hammurabi

Is juvenile court a type of specialized court that handles cases involving juvenile offenders, with a focus on rehabilitation?

False

True

_____ is a specialized court that involves collaboration between the criminal justice system and mental health agencies with the goal of providing needed services to mentally ill offenders. Defendants participate in court-ordered treatment programs and may have their charges dropped on successful completion of treatment.

All of these

Mental health court

Affirmative defense

Attorney general

_____ is defined as the original guiding principle of the juvenile justice system; literally translated as “the father of the country,” the phrase refers to the government’s right and obligation to act on behalf of the child—that is, to do what is in the best interest of the child.

Community service

Sentencing hearing

Parens patriae

All of these

Is problem-solving courts specialized courts that take a broader and more comprehensive approach to delinquency and criminality. Rather than focusing solely on the crime for which the defendant has been arrested, these courts attempt to address the underlying social and economic factors that contributed to the defendant’s involvement in crime. They also involve collaboration among criminal justice and social service agencies and are more likely than traditional courts to incorporate the principles of restorative justice. Examples include drug courts, domestic violence courts, homeless courts, teen courts, and reentry courts?

False

True

_____ is a specialized court that does not adjudicate new offenses but instead provides oversight and support services to offenders reentering the community, with the goal of reducing recidivism and prison return rates.

Reentry court

Trial sufficiency policy

Retreat doctrine

All of these

_____ is defined as utilitarian justification of punishment that views punishment as a means to repair the harm and injury caused by the crime and focuses on the victim and the community as well as the offender. Participants in the process discuss the effects of the crime on the victim, the offender, and the community and attempt to reach a collective agreement regarding the most appropriate sanction.

None of these

Arraignment

The common law system

Restorative justice

_____ is known as specialized courts that take a broader and more comprehensive approach to delinquency and criminality. Rather than focusing solely on the crime for which the defendant has been arrested, these courts attempt to address the underlying social and economic factors that contributed to the defendant’s involvement in crime. They also involve collaboration among criminal justice and social service agencies and are more likely than traditional courts to incorporate the principles of restorative justice. Examples include drug courts, domestic violence courts, homeless courts, teen courts, and reentry courts.

All of these

Right to testify

Court administrator

Specialized courts

Is veterans treatment court a specialized court devoted to military veterans who have run afoul of the criminal justice system?

True

False

_____ is the process of transferring a juvenile from juvenile court to adult court. Most states give juvenile court judges the power to waive jurisdiction over juvenile cases that meet certain criteria—generally, a minimum age, a specified type or level of offense, and/or a sufficiently serious record of prior delinquency. Some states have direct file waiver provisions, which allow the prosecutor to file certain types of juvenile cases directly in criminal court.

None of these

Waiver of juveniles to criminal court

Fixed-fee-per-case contract

Mixed

______________ was a judge in israel

Barak

Lappidoth

Joshua

Sisera

When courts rely on precedent, they are obeying ______.

Common analysis

Res judicata

Stare decisis

In rem process