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Question
Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed. List and define four of these defenses while commenting on their good and bad points.Answer
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Related questions
Q:
List and define the three levels of law enforcement. Give examples of each level.
Q:
________ is when law enforcement officers exercise choice while carrying out their duties.
a. Police presence
b. Legal input
c. Directed patrol
d. Police discretion
Q:
The Batson decision laid out the requirements defendants must prove when seeking to establish ________.
a. ineffective assistance of counsel
b. an exception to the hearsay rule
c. the right to a free lawyer
d. the discriminatory use of peremptory challenges
Q:
In 2005, in the case of Roper v. Simmons, the U.S. Supreme Court ruled that an offender may not be executed for his or her crime if the crime was committed before the offender turned 18 years of age.
Q:
A neighborhood resource officer asks residents to clean up litter, remove graffiti, and install better lighting in a nearby park that is known for extensive drug dealing. Such a request is characteristic of what type of policing?
a. strategic
b. problem-solving
c. rural
d. crime-fighting
Q:
A jury that is isolated from the public has been ________.
a. challenged
b. subpoenaed
c. sequestered
d. preempted
Q:
What percentage of state inmates represent themselves at trial?
a. 50%
b. 3%
c. 1%
d. 6%
Q:
The legalistic style of policing ________.
a. is marked by the order-maintenance function of the police
b. requires police action in disruptive situations even if no law is broken
c. enforces the letter of the law
d. seeks to legalize controversial forms of deviant behavior
Q:
What is the single most important criterion for determining the level of proof necessary for conviction in criminal trials?
a. standards for criminal justice
b. reasonable doubt standard
c. standards of professional responsibility
d. ethical and procedural standards
Q:
Which of the following is an excuse defense?
a. consent
b. duress
c. necessity
d. double jeopardy
Q:
A woman is accused of murdering her brother. She claims that she stabbed her brother to release the evil spirits within his body. The excuse defense that would most likely be used at her trial is ________.
a. duress
b. insanity
c. coercion
d. provocation
Q:
Tax laws, building codes, and health codes are examples of what type of law?
a. criminal law
b. procedural law
c. administrative law
d. natural law
Q:
Which of the following cases is an example where the U.S. Supreme Court ruled that the use of antipsychotic drugs on a nonviolent offender who does not represent a danger while institutionalized must be in the defendant's best medical interest?
a. U.S. v. Hazzar
b. Sell v.U.S.
c. Marbury v. Madison
d. Herrera v.Collins
Q:
When did many states adopt Objective Prison Classification Systems?
a.1950s
b. 1980s
c. 1920s
d. 1990s
Q:
In its written form, the criminal law is also known as ________.
a. administrative law
b. civil law
c. substantive law
d. penal law
Q:
Which of the following violations is NOT a misdemeanor?
a. disturbing the peace
b. being disorderly in public
c. simple assault
d. robbery
Q:
What is the maxim that an orderly society must be governed by established principles known as?
a. rule of law
b. inchoate
c. body of crime
d. common law
Q:
Which Supreme Court case held that overcrowding in prisons is not by itself cruel and unusual punishment?
a. Rhodes v. Chapman
b. Bell v. Wolfish
c. Schall v. Martin
d. Holt v. Sarver
Q:
In some instances, state courts will hear cases involving alleged violations of federal law.
Q:
Harm occurs in any crime, although not all harms are crimes.
Q:
The purpose of a preliminary hearing is to determine the guilt of a defendant.
Q:
Gun crime and debate about gun control was brought to a heightened discussion in 2012 because of several mass murders. Comment on the role of gun control and the constitutional guarantees of the right to bear arms. Include analysis of the Newtown and Aurora shootings and the effect they had on the communities and gun control.
Q:
There is a new type of crime called flash robs. Define and explain the how it works, how many people are involved, and the issues facing store employees and owners.
Q:
Which of the following is NOT an area of communication the ECPA deals specifically with?
a. wiretaps and bugs
b. pen registers that record the numbers dialed from a telephone
c. tracing devices that determine the number from which a call emanates
d. GPS tracking
Q:
Which the following is the primary sentencing tool of the just deserts model?
a. probation
b. fine
c. restitution
d. imprisonment
Q:
A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal search or seizure is called ________.
a. good-faith exception
b. compelling interest
c. latent evidence
d. fruit of the poisonous tree doctrine
Q:
What is the final stage in a juvenile case?
a. the petition
b. intake
c. adjudication
d. dispositional hearing
Q:
Which of the following requires that incriminating evidence be seized by police according to the constitutional specifications of due process or it will not be allowed as evidence in court?
a. seizure rule
b. due process rule
c. exclusionary rule
d. procedural rule
Q:
In the face of strong evidence of the offender's guilt, a juvenile court judge may ________.
a. open the courtroom to the press and public
b. sentence a juvenile to death
c. waive the juvenile's Miranda rights
d. still decide it is not in the child's best interest to be adjudicated delinquent
Q:
When using phone taps, police must stop monitoring the call when it becomes obvious the conversation is innocent.