As always, this guide is intended to supplement a thorough of study of assigned chapters (12-15) and a careful review of notes. All True/False items from exams I and II are included some of which will appear on exam III.
1. The prohibition against excessive bail is guaranteed by the ____________ Amendment.
2. Which of the following is generally not a consideration in bail setting?
3. The use of bail as a mechanism for punishing defendants is an abuse of
4. In the 10 percent cash bond plans,
5. After the American Revolution, the grand jury was incorporated into the ____________ Amendment of the Constitution.
6. With respect to grand juries, the Supreme Court has ruled that
7. When a grand jury exercises its ____________, witnesses who refuse to testify may be jailed.
8. Refusing to enter a plea results in a plea of
9. A plea of statute of limitations must be entered at the ____________; otherwise, the accused will be deemed to have waived that particular defense.
10. The motion for discovery is a request to
11. The motion for ____________ request details about what the prosecution claims in order to give the accused fair notice of what must be defended.
12. The right to a trial by jury was extended to the states by
13. The venire is
14. In the ____________ , an objection to a prospective juror can be made and no legal reason for doing so need be assigned.
15. During the trial, the "surrebuttal" is made by the
16. A motion for a new trial can be based on grounds that
17. ____________ seeks to make the punishment fit the crime.
18. General deterrence seeks to
19. The philosophy behind the indeterminate sentence
20. Which of the following is not a major reason for sentencing disparities?
21. When the framers of the Constitution incorporated the ban against cruel and unusual punishment into the Bill of Rights, what they probably had in mind was
22. An analysis of executions under civil authority in the United States demonstrates that
23. ____________ was the first case in which the Supreme Court struck down a sentence as being "cruel and unusual."
24. Throughout the 1950s and 1960s, which organization was most significant in waging a war against the death penalty?
25. In McGautha v. California, the Supreme Court set back the movement to abolish capital punishment when it ruled that
26. In ____________, the High Court held that statutes that leave arbitrary and discriminatory discretion to juries in imposing death sentences violate the Eighth Amendment ban on cruel and unusual punishment.
27. In Coker v. Georgia, the Supreme Court held that
28. The denial of the right to counsel at trial would allow an appeal under the ____________ rule.
29. The ____________ doctrine holds that a denial of a federal constitutional right can at times be of insufficient magnitude to require a reversal of a conviction on appeal.
30. The object of the isolation or incapacitation punishment philosophy is
31. The colonial device that shackled a convicted slanderer by the feet to a wooden stake was known as the
32. Confinement in the ____________ in colonial days could be a highly serious punishment because, in addition to the humiliation it engendered, offenders could also be whipped, have their ears torn apart, or even be stoned to death.
33. The beginnings of the classical school of criminal law and criminology can be attributed to the work of
34. At the basis of the classical doctrine of criminal law and criminology was the notion that
35. The major flaw of the classical doctrine of criminal law was that
36. The idea behind the ____________ system was that confinement in an isolated cell would give the convict an opportunity to contemplate the evils of his past life, thereby leading him to resolve to reform his future conduct.
37. The characteristic feature at Eastern and Western Penitentiaries that epitomized the Pennsylvania correctional philosophy of the nineteenth century was
38. Under the ____________ system of prison labor, the contractor supplied the raw material and received the finished product, paying the prison a specified amount for each unit produced.
39. The HawesÄCooper Act of 1929
40. Recent data describing the characteristics of inmates of local jails suggest that these detainees
41. Most jails
42. The American prison system began in the city of
43. Under the ____________ system of prison labor, inmate production was supervised by prison officials, the manufactured goods were sold on the open market, and prisoners received a small share of the profits.
44. The silent system differed from the separate system of prison design in that
45. The Federal Bureau of Prisons was created in 1930 as a result of
46. "Total institutions" are places that
47. Which of the following is an incorrect statement regarding contemporary prison administration?
48. Because of the lack of means to carry out their custodial duties, most prison guards
49. As of 1975 when the Federal Bureau of Prisons completed its survey, most prisons in the United States
50. The earliest forms of inmate classification included separating
51. A(n) ____________ is a central receiving facility where offenders sentenced to a term of imprisonment are committed for orientation and classification.
52. Which of the following comments about vocational programs in prisons is inaccurate?
53. Although most prison rules evolved to promote order and safety, to ensure good health, and to prevent escapes, others evolved from
54. Our limited experience with coeducational prisons suggests that
55. "Prisonization" refers to the process whereby an inmate learns
56. Donald Clemmer's study of the prison community suggests that prisonization
57. Observations in prisons and the underworld suggest that the inmate code
58. Protective custody units (PCUs) are designed to house offenders
59. A Delaware study of same-gender sexual contacts reported that
60. Most prison inmates were sentenced for ____________ offenses.
Exam I True/False
71. Persons involved in the criminal justice process can leave the system at all stages other than police.
72. A “generic” model of the CJ system was used to express the differences between state systems and the federal system.
73. Only the U.S. Supreme Court has the power to remand a case.
74. Judges typically do not like having to use presentence-investigations, as they are said to be an “affront” to judicial independence.
75. Fines are said to be criminogenic in the sense they tend to reduce incidents of economic deviance.
76. Most cases enter the CJ system by way of proactive police efforts.
77. Most criminologists agree that Paul Tappan’s legal definition of crime best captures the essence of their field of inquiry.
78. According to the instructor, Natural Law is the only legal perspective that helps us solve historical social problems such as recism and sexism.
79. The Fourth Amendment provides citizens of the U.S. a right against government search and seizure.
80. A defendant’s rights to discovery include an alibi, the insanity defense, and the discovery of physical evidence.
81. The “just compensation clause” is part of the Fifth Amendment.
82. The rights to speedy trial and an impartial jury are part of the Sixth Amendment.
83. Except for “starting the clock” on our “Sixth Amendment” rights to speedy trial, the booking phase of the criminal justice process can largely be ignored.
84. If a defendant’s Miranda rights were not read at the time of arrest, they must be read at the initial appearance before a magistrate.
85. A defendant typically chooses a jury trial (in contrast to a bench trial) when a technically legal decision is required.
86. Most “strict constructionists agree that the U.S. Constitution should be interpreted in light of “evolving social standards.”
87. Criminal law differs from civil law only in terms of rules of evidence.
88. Traffic codes represent examples of “strict liability” crimes.
89. An “affirmative defense” must be proven by a “preponderance of evidence.”
90. Generally, the “collateral consequences” of a civil finding are more severe than those resulting from a criminal conviction.
91. In a criminal trial, the primary function of the jury is to decide on the admissibility of the evidence.
92. The problem of “telescoping” is typically associated with qualitative research techniques.
93. According to the instructor, “qualitative” sources of crime related information are as important as “quantitative” sources.
94. A case titled “Jones v. Delaware” is probably a criminal appeal.
95. The Fourteenth Amendment applies only to criminal prosecutions at the Federal level.
96. In the News Journal article, Felton woman sentenced to 9 years in Amish buggy accident, the defendant’s sentence was reduced as a function of “victim impact statements.”
97. The “victim impact statements” mentioned above are typically used in the absence of appropriate sentencing guidelines.
98. The Eighth Amendment ban on “Cruel and unusual punishment” applies exclusively to per se issues.
99. The Sixth Amendment applies only to criminal cases.
100. In its recent editorial, the News Journal takes strong issue with the Delaware Supreme Court’s refusal to make Delaware crime data public.
EXAM II True/False