CJUS 330 Test 4

CJUS 330 Test 4 Liberty University

1. The minimum size criminal jury approved by the U.S. Supreme Court is .
2. Under the Daubert standard, what is the lynchpin to admissibility?
3. The jury selection when each side seeks to select jurors who are biased in its favor is found in which of the following?
4. Which of the following types of evidence is generally NOT admissible at trial?
5. Which Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury”?
6. A defendant charged with a serious offense has the right to a jury trial only if the offense is punishable by a term of incarceration of more than .
7. During the century, the size of the English juries became fixed at 12.
8. 0 out of 2 points In , the privilege against self-incrimination was found to prohibit the prosecutor from commenting on the defendant’s failure to testify during trial.
9. All persons charged with an offense for which any amount of incarceration is possible have a right to a jury trial.
10. The U.S. Supreme Court has approved six-member juries in criminal cases.
11. For law in action, voir dire is when lawyers use questioning to predispose jurors in their favor.
12. In Batson v. Kentucky, the Supreme Court restricted the ability of prosecutors who used preemptory challenges to keep African-Americans off the jury in any case involving an African-American defendant.
13. Researchers find that many jurors make a preliminary decision with regard to the outcome of a case after hearing opening statements.
14. Most citizens who actually serve on a jury express overall dissatisfaction with their jury service.
15. “An eye for an eye” is an example of a punishment based on .
16. A sum of money paid to the government by a person convicted of an offense as punishment is called
17. Advocates of the crime control model believe the death penalty is .
18. No consensus exists on how the courts should punish the guilty, perhaps due to the fact that five different philosophical principles guide sentencing in the United States: retribution, incapacitation, deterrence, rehabilitation, and restoration. These sentencing philosophies differ in important ways. Some focus on past behavior, whereas others are future-oriented. Some stress that the punishment should fit the crime, whereas others emphasize that punishment should fit the criminal. These issues influence contemporary thinking about sentencing.
19. What branch of government has the authority to choose among sentencing options?
20. Which Amendment to the Constitution prohibits cruel and unusual punishments?
21. Incapacitation that focuses on offenders with a high risk of serious recidivism is termed .
22. In , it was decided that prisoners retain First Amendment free speech rights while incarcerated.
23. Since Cunningham, it is clear that Blakely applies to state sentencing laws.
24. Imprisonment has become the dominant form of punishment only during the past three centuries.
25. Legislatively altered sentencing structures have had a minimal effect on prison populations across the United States.
26. The finding that poor, young, minority males are disproportionately represented in prison populations provides proof of discrimination.
27. A sentencing guidelines grid allows for upward and downward departures from the guidelines.
28. Appellate courts often find no reversible error was committed during the trial court proceedings in large part because of the .
29. The written legal arguments filed with the appellate court are called .
30. During trials, attorneys must make timely objections to judge’s rulings on points of law, or the objection will be deemed waived. What is the name of the rule?
31. Of the exonerations in 2016, percent involved official misconduct by criminal justice system actors.
32. Questions of fact decided by a judge will receive which standard of appellate review?
33. During the , the Supreme Court for the first time attempted to exercise strong policy control over the administration of criminal justice.
34. What is the appellate standard for questions of law?
35. Criminal appeals are generally routine because they seldom raise meritorious issues (Primus, 2007; Wold & Caldeira, 1980). Current standards of effective assistance of counsel often force lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a significant number of criminal appeals lack substantial merit. For example, of the roughly 10,000 written dispositions in criminal appeals filed by defendants in the California Court of Appeals between 2013 and 2014, the court reversed only about 880 (9 percent) convictions (Judicial Council of California, 2015). Why do criminal appeals rarely succeed? First, the appellate standards of review applicable to most decision-making during criminal trials are highly deferential to trial court outcomes (Primus, 2007). Second, appellate courts often find that no reversible error was committed during the trial court proceedings.percent of wrongful convictions come from exonerated murder and rape cases.
36. The Roberts Court appears to be slightly more conservative than the Rehnquist Court.
37. All errors are subject to the harmless error rule except plain errors.
38. When a jury imposes a sentence of death, the case must be appealed regardless of the defendant’s wishes.
39. No typical state court of last resort exists.
40. After a “not guilty” verdict is returned, the prosecutor cannot appeal the acquittal, even if the original trial was littered with serious mistakes.