Exam 3

Question 1

8th Amendment

Answer 1

The right to bail, says we have the right to reasonable bail, doesn’t apply in state cases only federal

Question 2

6th Amendment

Answer 2

The right to counsel, the right to a speedy trial, the right to a jury, the right to confront and cross-examine witnesses. Amendment takes effect as soon as charges are filed.

Question 3

Arraignment

Answer 3

Defendant in custody is entitled to this, a hearing before a judge or magistrate

Question 4

Information

Answer 4

A formal document that lists the charges for which the defendant will be tried

Question 5

Process of discovery

Answer 5

Attorney’s continue to investigate, working to uncover evidence to support their cases

Question 6

Due process clause

Answer 6

Says that government laws and proceedings must be fair

Question 7

Burden of proof

Answer 7

The burden of proving every element of a sides claim.

Question 8

Procedural due process

Answer 8

Processes and methods used to try people in court cannot be arbitrary or unfair

Question 9

Substantive due process

Answer 9

The government cannot unfairly deprive people of certain fundamental liberties

Question 10

Convincing evidence

Answer 10

Between preponderance and beyond a reasonable doubt

Question 11

Direct evidence

Answer 11

directly proves something without any inferences required

Question 12

Circumstantial evidence

Answer 12

Requires assumptions

Question 13

Hung jury

Answer 13

Jury unable to reach verdict, mistrial then declared

Question 14

Bifurcated trials

Answer 14

In this type of trial different issues of the case are decided in separate hearings or trials

Question 15

The 8th Amendment and sentencing

Answer 15

Right against cruel and unusual punishment applies to all criminal cases. Provides a safeguard against illegal detainment.

Question 16

Habeas corpus

Answer 16

Consists of a written judicial order requiring that a prisoner’s case be reviewed in court to determine if the prisoner is being held unconstitutionally

Question 17

Punitive (sentencing goal)

Answer 17

Little focus on the likelihood of future criminal behavior

Question 18

Deterrence (sentencing goal)

Answer 18

Punishment meant to serve as a lesson that such behavior will not be tolerated and that those actions will be punished

Question 19

Incapacitation (sentencing goal)

Answer 19

Aims to make it impossible for the offenders to commit a future crime because he/she is imprisoned

Question 20

Rehabilitation (sentencing goal)

Answer 20

Focused on aiding offenders in changing their lives

Question 21

Indeterminate Sentences

Answer 21

Offender is given a range of time they can serve, dependent on how they behave in prison

Question 22

Determinate Sentences

Answer 22

Indicate a precise period of time that the offender must serve

Question 23

Presumptive Sentencing

Answer 23

Assume that judges should sentence within guidelines specific to particular charges

Question 24

Statutory minimum

Answer 24

A legislature sets a minimum sentence that must be imposed for a particular crime

Question 25

Preventive detention

Answer 25

Laws designed to prevent particularly dangerous individuals from committing future crimes

Question 26

Habitual offender statutes

Answer 26

Authorize enhanced sentences for repeat offenders, called recidivists

Question 27

Corrections

Answer 27

Society's efforts to punish and treat those who break the law and protect the public

Question 28

Institutional corrections

Answer 28

Incarceration in jails and prisons

Question 29

Community corrections

Answer 29

Post-incarceration programs, probation and parole

Question 30

Punishment philosophy

Answer 30

Offenders must pay for their crimes

Question 31

Rehabilitation philosophy

Answer 31

Stresses offenders can change and should be helped to change and become productive members of the community