Question 1

In the Uniform Crime Reports, major crimes such as homicide or robbery are part of a category of crimes referred to as:

Accepted Answer

The Uniform Crime Reports (UCR) classify certain crimes as "index crimes," which include murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson. These crimes are considered the most serious and are reported by law enforcement agencies to the Federal Bureau of Investigation (FBI) on a monthly basis for inclusion in the UCR. The term "index crime" is often used interchangeably with "Part I crime." Major crimes such as homicide or robbery are included in the category of crimes known as "index crimes" in the Uniform Crime Reports. Index crimes also include other serious offenses such as burglary, larceny-theft, motor vehicle theft, and arson. The term "index" refers to the fact that these crimes are viewed as reliable indicators of overall crime trends in a given area or jurisdiction.

Question 2

The office of prosecutor is characterized by:

Accepted Answer

D

Question 3

Which of the following helps to explain the amount of bail set by a judge?

Accepted Answer

The seriousness of the crime and the defendant's criminal record are both factors that help judges determine the amount of bail. The victim's desires may also be considered, but they are not the only deciding factor in the bail amount. Therefore, the best choice is option E, only a and b. The seriousness of the crime and the defendant's criminal record are the two main factors that help to explain the amount of bail set by a judge. The victim's desires may be taken into consideration but are not as critical as the first two factors. Therefore, only options A and B are correct.

Question 4

In theory, the purpose of bail is to:

Accepted Answer

The purpose of bail is to ensure the appearance of the accused at trial, not to punish them or keep them in jail until trial. Bail allows the accused to be released from jail while their case is pending, with the expectation that they will return for their court appearances. This serves to balance the presumption of innocence with the need to maintain control over those who have been charged with a crime. The purpose of bail is to ensure the appearance of the accused at trial. This allows them to be released from jail before their trial, but it also serves as an incentive for them to show up to court. If they fail to appear, the bail money may be forfeited and a warrant may be issued for their arrest. Bail is not meant to punish the accused or keep them in jail until trial, as that goes against the principle of innocent until proven guilty. Maintaining control of persons arrested but not arraigned is not the purpose of bail, but rather falls under the responsibilities of law enforcement.

Question 5

Which person is most influential in the charging decision?

Accepted Answer

The prosecutor holds the most influence in the charging decision as they are responsible for evaluating the evidence and determining whether or not to bring formal charges against the defendant. The other individuals listed may have some influence in the decision, but their role is not as significant as that of the prosecutor. The prosecutor is responsible for deciding whether to charge someone with a crime. They review the evidence presented by law enforcement and determine whether there is sufficient evidence to bring charges. The other parties listed (judge, defense attorney, defendant, juror) may have some influence on the outcome of the case, but they do not have the direct authority to make the charging decision.

Question 6

Explanations for case attrition include all but:

Accepted Answer

Courtroom availability is not typically a reason for case attrition, which refers to the reduction in the number of cases as they move through the criminal justice system. Legal judgments, policy priorities, and substantive assessments are more relevant factors.

Question 7

The American bail system is based on the defendant's access to:

Accepted Answer

The American bail system allows defendants to be released from custody, while awaiting trial, on the condition that they pay an amount of money called bail. This money is held as collateral to ensure that the defendant shows up to court. Therefore, access to money is the most important factor in determining whether a defendant is able to post bail and be released from custody. Access to a defense attorney and treatment centers may also be important, but these factors are not directly related to the ability to post bail. Friends in the community can provide support, but they cannot substitute for the money needed to post bail. The American bail system requires defendants to pay a certain amount of money to be released from custody until their trial. This means that access to money is a key factor in determining whether a defendant can be released or not. While the other options may also be important, they are not the primary basis of the bail system.

Question 8

Of crimes known to the police, what percentage results in an arrest.

Accepted Answer

The percentage of crimes known to the police that results in an arrest is approximately 20%. This figure can vary depending on the type of crime, location, and other factors, but it is a general estimate for overall crime.

Question 9

When suspects are given formal notice of the charges by a judge the procedure is called:

Accepted Answer

The procedure where suspects are given formal notice of the charges by a judge is called the initial appearance. This is a crucial step in the criminal justice process where the accused is officially informed of the charges against them, advised of their rights, and may have bail considerations addressed.

Question 10

Which of the following is NOT a major reason why cases are often dropped before a trial?

Accepted Answer

First offenders are not always guaranteed to have their charges dropped. The decision to drop a case before trial depends on various factors including the strength of evidence, the willingness of witnesses to testify, and the prosecutor's assessment of the case's strength. First offenders are not automatically treated with leniency and charges are not necessarily dropped for them. The other options mentioned are all common reasons why cases are often dropped before a trial.

Question 11

Which types of cases get the most attention:

Accepted Answer

Serious felonies tend to get the most attention from the media and the public because they involve more heinous and dramatic crimes such as murder, rape, and assault. These cases often have higher stakes and more significant implications for the victims, defendants, and society at large. Misdemeanors and lessor felonies may still garner some attention, but they typically do not receive the same level of scrutiny as serious felony cases. "Garbage" cases, or trivial offenses, are unlikely to garner much attention at all. Serious felonies typically receive the most attention from the media and the public due to the severity of the crime and the potential impact on society.

Question 12

When comparing charging documents, the difference between a complaint and an information is:

Accepted Answer

A complaint is typically filed by law enforcement officers and signed under penalty of perjury by the officer, while an information is filed by the prosecutor and signed by the prosecutor. The age of the person charged may or may not be included in either document, but it is not a determining factor in distinguishing between a complaint and an information. A grand jury may also hand up an indictment, but this is not relevant to the question. Therefore, the correct choice is (A) an information is signed by the prosecutor.

Question 13

Suspects in what types of cases have no right to bail?

Accepted Answer

Capital offenses, which are crimes that are punishable by death or life imprisonment, generally have no right to bail. Capital offenses, such as murder or treason, often have no bail option due to the seriousness of the offense and the potential for the suspect to be a flight risk.

Question 14

Critics argue that because of the exclusionary rule:

Accepted Answer

The exclusionary rule prohibits the use of unlawfully obtained evidence in court. Therefore, if the prosecutor's case relies on such evidence, they may have to drop the case. This can lead to many cases being dropped by the prosecutor. The exclusionary rule requires that evidence obtained through illegal means be excluded from trial. This can result in cases being dropped by prosecutors if they do not have enough admissible evidence to secure a conviction. This can also lead to the exclusion of critical evidence, potentially hindering the ability of grand juries to make informed decisions. However, the use of DNA evidence has not made the exclusionary rule unnecessary, as there are still many other ways in which evidence can be obtained illegally.

Question 15

The prosecuting attorney is:

Accepted Answer

The prosecuting attorney is usually a locally elected official, meaning they are elected by the residents of the jurisdiction they serve. This is true in most states, although there may be variations depending on the state's laws and regulations. The prosecuting attorney is usually a locally elected official, meaning they are elected by the people in their jurisdiction to serve as the chief legal officer and representative of the government in criminal cases. This is true in the vast majority of states and localities in the United States.

Question 16

A charging document includes the:

Accepted Answer

A charging document typically includes a description of the offense that was committed, but it does not usually include the names of potential defense lawyers, sentencing guidelines, or court fees associated with the crime. A charging document includes a description of the offense that was committed. The other options listed are not typically included in a charging document.

Question 17

When a person is released based only on his or her promise to return for trial, it is called:

Accepted Answer

Release on recognizance (ROR) allows a person to be released from custody without having to post bail or pay any fees, based solely on the defendant's promise to return for their scheduled court hearing. It is considered the least restrictive form of pretrial release and is typically reserved for defendants who are deemed low-risk and are unlikely to flee or pose a danger to the community. Release on recognizance means that the defendant is released from custody based solely on his or her promise to return for trial or other court appearances, without requiring any financial or other conditions. This is typically granted to those who are considered low-risk, non-violent offenders.

Question 18

Less than one out of four arrests for Type I offenses involve a crime of personal violence.

Accepted Answer

Type I offenses refer to serious crimes such as murder, rape, and robbery. These offenses also include property crimes like burglary and theft. However, according to statistics, only about 25% of Type I arrests involve a crime of personal violence.

Question 19

Prosecution in a misdemeanor case is usually initiated by:

Accepted Answer

Prosecution in a misdemeanor case is usually initiated by a complaint, which is a written statement made under oath by the prosecutor or the victim. The complaint sets forth the essential facts of the case and the charge that is being brought against the defendant. Indictment and information are typically used in felony cases, and an arrest warrant may be issued as a result of a complaint, but it is not the method of initiating prosecution. Prosecution in a misdemeanor case is typically initiated by a complaint, which is filed with the court by the prosecutor or law enforcement agency. The complaint outlines the charges against the defendant and serves as the legal basis for the case. Indictments are used in felony cases, and are obtained through a grand jury process. Information is a formal charging document used in some jurisdictions, but complaints are the most common method of initiating a misdemeanor case. Arrest warrants are issued by a judge or magistrate when an individual is suspected of committing a crime, but do not initiate prosecution on their own.

Question 20

Preventive detention is aimed at denying pretrial release to defendants who:

Accepted Answer

The answer of Preventive detention is aimed at denying pretrial...

Quiz 8: Trial Courts: The Preliminary States of Criminal Cases