Criminal Courts (U.S.) Quiz # 8

_____ is the first known written legal code. Dating back to 2076 BC in ancient Mesopotamia, the code delineated crimes and their punishments and also enumerated settlements for common disputes.

Dissent

Code of hammurabi

Reverse

None of these

_____ is defined as laws that developed through court decisions rather than statutes; judge-made law.

Centralized

Common law

All of these

Simple

Is conflict theorists consider society to be composed of individuals and groups with sharply different interests and to be characterized by conflict and dissention. People and groups everywhere, they maintain, seek to maximize their interests. Because resources are limited, conflict between different individuals and groups is inevitable and continuous?

False

True

Is consensus theorists emphasize how society is structured to maintain its stability and view it as an integrated network of institutions (the family, church, school, economy, government) that function to maintain social order and the system as a whole. Social stability is also achieved in this view through cooperation, shared values, and the cohesion and solidarity that people feel by being part of a shared culture?

False

True

_____ is model that views the suppression of criminal conduct—that is, controlling crime—as the most important function of the criminal justice system; the primary function of the system is to control crime by apprehending, convicting, and punishing those who violate the law; emphasizes efficiency and finality, which is achieved through informal, nonadjudicatory procedures.

Fixed-price

Crime control model

All of these

Coordinated

Is due process procedural justice that is due to all persons whenever they are threatened with the loss of life, liberty, or property at the hands of the state. Due process is essentially a set of instructions informing agents of the state how they must proceed in their investigation, arrest, questioning, prosecution, and punishment of individuals who are suspected of committing crimes. Due process rules are thus rules that attempt to ensure that people are treated justly by the stat?

True

False

_____ is model that views protecting the rights of individuals as the most important function of the criminal justice system; emphasizes reliability, which is achieved through formal, adversarial procedures.

Due process model

Private

Coordinated

None of these

_____ is defined as a term derived from the Latin word for just and refers to remedies for wrongs that were not recognized (neither the remedies nor the wrongs) under English common law.

Trial sufficiency policy

Equity

System efficiency policy

All of these

_____ is known as an ideological worldview that is contrary to people’s best interests. Workers have been duped into accepting the legitimacy of the law by the ruling classes and are not aware that the law does not serve them.

Concur

Dissent

None of these

False consciousness

Is inquisitorial system system of justice found in most European countries. The parties to the case provide all the relevant evidence to the court, and the judge, not the attorneys for the state or the defense, calls and examines witnesses?

True

False

Is judicial review the power of the court to examine a law and determine whether it is constitutional. To make this determination, judges examine the law and compare it with the Constitution. This requires them to interpret the language of both the statute and the Constitution. If the judge determines the law is constitutional, he or she upholds the law; if not, he or she declares it unconstitutional and therefore void?

True

False

_____ is a written body of rules of conduct applicable to all members of a defined community, society, or culture that emanate from a governing authority and are enforced by its agents by the imposition of penalties for their violation.

To address a disputed civil matter

None of these

To address a disputed factual matter

Law

_____ is defined as latin for “things said by the way.” Supporting statements made by the courts in making their decisions. These statements are legal or nonlegal arguments used to support the ratio decidendi (legal principles on which the decision is based) and do not constitute precedent.

None of these

Communication

Rehabilitation

Obiter dicta

_____ is known as an important function of courts, particularly appellate courts. The process of reviewing the decisions of lower courts and of criminal justice officials to ensure that proper procedures were followed and that neither laws nor constitutional provisions were violated.

Whether to accept a plea agreement

Whether to testify

All of these

Oversight

Is precedent decisions of another court or judge that the judge trying a case will rely on as justification in forming his or her decision?

True

False

Is presumption of guilt the view, prominent in the crime control model of the criminal process, which holds that defendants who are not screened out early in the process by police and prosecutors are probably guilty and therefore can be passed quickly through the remaining stages in the process. A prediction of outcome: Those not screened out early in the process are probably guilty and more than likely will plead guilty or be found guilty at trial?

True

False

_____ is the view, prominent in the due process model of the criminal process, which holds that defendants are to be treated as though their guilt is an open question until they have been adjudicated guilty.

Argersinger v. Hamlin

Gideon v. Wainwright

Presumption of innocence

All of these

_____ is defined as the Supreme Court has interpreted the Sixth Amendment’s requirement that the defendant be tried by an “impartial jury” to mean that the jury pool must be a “random cross section of the community.” This means that all members of the community must have an equal chance of being included in the jury pool.

State Supreme Court

All of these

U.S. Supreme Court

Random cross section of the community

_____ is known as latin for “the reason for the decision.” The legal principle or rationale used by the courts to arrive at their decisions.

The next highest court in the federal system

All of these

Ratio decidendi

U.S. Supreme Court

Is stare decisis a Latin term that means “let the decision stand.” It refers to the judicial practice of looking to the past for pertinent decisions (i.e., for precedent) and deferring to them. Thus, a court will not overturn a past decision on an important legal issue unless there is a good reason for doing so?

False

True

_____ is a writ compelling public officials to perform their duty.

Preponderance of the evidence

None of these

Writ of mandamus

Beyond a reasonable doubt

Is acquittal occurs when a jury votes unanimously that the defendant has not been proven guilty “beyond a reasonable doubt,” which is the burden of proof in a criminal case. An acquittal, or “not guilty” verdict, does not necessarily mean that the defendant did not commit the crime for which he or she was charged; it simply means that the state was unable to meet the high burden of proof necessary for conviction?

True

False

_____ is rules enacted by state or local agencies, such as regulations affecting food and drugs, and occupational safety requirements.

Defendant rehabilitation policy

Legal sufficiency policy

Administrative regulation

All of these

_____ is defined as the first ten amendments to the U.S. Constitution, setting forth a variety of individual rights.

Bill of rights

Reliable

None of these

Credible

_____ is known as legislation imposing punishment without trial.

None of these

Bills of attainder

The common law system

An obstacle course

Is constitution a document that creates a government?

True

False

Is double jeopardy the principle that a jurisdiction may not (a) prosecute someone again for the same crime after the person has been acquitted, (b) prosecute someone again for the same crime after the person has been convicted, and (c) punish someone twice for the same offense. This does not mean a state may not try someone again if the first trial ends in a mistrial or a hung jury?

True

False

_____ is the rule that a person may be legally tried in state and federal court for the same offense.

Habeas corpus law

Dual-sovereignty doctrine

Bills of attainder

All of these

_____ is defined as legislation making prior conduct criminal.

Defense attorney

Ex post facto laws

Attorney general

All of these

_____ is known as those freedoms essential to the concept of ordered liberty, rights without which neither liberty nor justice would exist.

None of these

State Supreme Court

The next highest court in the federal system

Fundamental rights