CJUS 330 TEST 4

Question 1

2 out of 2 points

During the __________ century, the size of the English juries became fixed at 12.

2 out of 2 points

CASE 13.2

Before the first word of testimony, trials pass through the critical stage of jury selection. Juries are chosen in a process that combines random selection with deliberate choice. Jury selection occurs in three stages: compiling a master list, summoning the venire, and conducting voir dire. Whether these processes actually produce fair and impartial juries has been the subject of much concern.

Basing the master jury list on voter registration tends to exclude which of the following?

Question 3

2 out of 2 points

A trial before a judge without a jury is called a(n) __________.

Question 4

2 out of 2 points

In a high-profile case, what might be necessary to find a pool of potential jurors who could render a fair and impartial verdict, free from the taint of pretrial publicity?

2 out of 2 points

Criminal trials start with two presumptions: the presumption of innocence and the presumption of ________.

Question 6

2 out of 2 points

Challenges to jurors that require a justification are called challenges __________.

Question 7

0 out of 2 points

Individuals cannot serve on juries in any state if:

2 out of 2 points

In which of the following crime labs have significant error in laboratory testing been documented?

Question 9

1.5 out of 1.5 points

For law in action, voir dire is when lawyers use questioning to predispose jurors in their favor.

Question 10

1.5 out of 1.5 points

A jury that is unable to reach a verdict is called a hung jury.

1.5 out of 1.5 points

A petit jury is the jury that hears a criminal trial.

Question 12

1.5 out of 1.5 points

Most citizens who actually serve on a jury express overall dissatisfaction with their jury service.

Question 13

1.5 out of 1.5 points

The U.S. Supreme Court has approved six-member juries in criminal cases.

1.5 out of 1.5 points

Alternative jurors replace regular jurors who disagree with the majority during deliberations.

Question 15

2 out of 2 points

Advocates of the crime control model believe the death penalty is __________.

Question 16

2 out of 2 points

__________ has led the nation in downsizing its prison population through its public safety realignment efforts.

Question 17

2 out of 2 points

CASE 14.2

During the late 1960s and early 1970s, an unusual political coalition developed between liberals and conservatives. Both sides found considerable fault in existing sentencing practices. Although their reasons reflected fundamentally different concerns, liberals and conservatives defined the problem in similar terms: The criminal laws permitted too much latitude in sentencing, providing judges with little or no guidance on how to determine the proper sentence for each individual case.

Which of the following is true for both liberals and conservatives regarding changes to sentencing structures?

Question 18

2 out of 2 points

“An eye for an eye” is an example of a punishment based on __________.

Question 19

2 out of 2 points

The most commonly used punishment in the United States is __________.

Question 20

2 out of 2 points

In which 1972 case did the U.S. Supreme Court strike down all capital punishment laws?

Question 21

2 out of 2 points

A prison sentence that ranges from one to five years is a(n) __________.

0 out of 2 points

In ___________, the Eighth Amendment’s probation against cruel and unusual punishment applies to the states as well as the federal government.

Question 23

1.5 out of 1.5 points

Jail and prison overcrowding is the dominant reality of criminal justice policy.

Question 24

1.5 out of 1.5 points

When a crime is perceived to be less serious, individual factors such as prior record are given relatively less weight than when the crime is more serious.

Question 25

1.5 out of 1.5 points

In United States v. Booker (2005), the Supreme Court held that the federal sentencing guidelines are unconstitutional but judges may use them as advisory.

Question 26

1.5 out of 1.5 points

The trend since the 1970s has been to reduce judicial discretion in sentencing.

1.5 out of 1.5 points

The nation’s highest court has limited the conditions under which federal courts will recognize violations of a prisoner’s rights.

Question 28

2 out of 2 points

Most intermediate courts decide most cases in rotating panels of how many judges?

Question 29

2 out of 2 points

The party who lost in the lower court and files the first appeal is called the __________.

Question 30

2 out of 2 points

Defects seriously affecting substantial rights that are so prejudicial to a jury’s deliberations “as to undermine the fundamental fairness of the trial and bring about a miscarriage of justice” are called __________.

Question 31

2 out of 2 points

A court that must hear an appeal has what kind of appellate jurisdiction of that appeal?

Question 32

2 out of 2 points

CASE 15.1

Appeals courts approach appellate decision making in different ways, depending on the types of questions presented for review on appeal. Sometimes appellate courts are very deferential to what happened in lower courts, whereas other times they give no deference at all. How much deference or scrutiny an appellate court will afford to the decisions of a judge, jury, or administrative agency in an appeal is referred to as the standard of review.

The least deferential standard of appellate review in criminal cases is __________.

Question 33

2 out of 2 points

CASE 15.2

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.

Given the information provided, which of the following statements is true?

2 out of 2 points

This is the reason for a new trial by a different tribunal:

Question 35

2 out of 2 points

What is the appellate standard for questions of law?

Question 36

2 out of 2 points

The practice of state courts using state constitutions to reinvigorate rights and make policy is called the new judicial __________.

Question 37

1.5 out of 1.5 points

A consensus exists that everyone who loses in a trial court should have the right to appeal to a higher court.

1.5 out of 1.5 points

Defendants convicted of violent offenses and sentenced to lengthy prison terms are less likely to win on appeal than those convicted of less serious offenses.

Question 39

1.5 out of 1.5 points

The bulk of trial court filing is never appealed because the case is settled without a trial.

Question 40

0 out of 1.5 points

Appeals are started when the prosecutor files a notice of appeal.

Question 41

1.5 out of 1.5 points

The losing party in the lower court has an unlimited amount of time to file an appeal.

Question 42

6 out of 6 points

What presumptions apply at the start of trials? What is the burden of proof applicable to overcoming them?