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Which of these are "non-traditional courts?"
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Drug Courts
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Communal Courts
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Mental Health Courts
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What is a Diversion Court?
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Courts that prevent defendants from having a conviction record
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The same as a deterrence court
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A way of treating root causes. Criminogenic behavior
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What is criminogenic behavior?
Frage 4
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What is the "Dual Court System"?
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The combination of higher and lower courts within our judicial system
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The combination of the Supreme court and municipal court
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The combination of Felony courts and misdemeanor courts
Frage 5
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List, in order from bottom to top, the structure of the general court system (State and Federal)
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courts of limited jurisdiction, courts of general jurisdiction, Courts of appellate jurisdiction
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Courts of appellate jurisdiction, courts of general jurisdiction, courts of limited jurisdiction
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Courts of general jurisdiction, courts of limited jurisdiction, courts of appellate jurisdiction
Frage 6
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Which is a part of the "Lower of Inferior Courts" of the State court system?
Frage 7
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What courts are a part of the "Major Trial Courts" in the State Court system?
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Circuit Court
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District Court
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Superior Court
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Municipal Court
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What courts are a part of the "Intermediate Appellate Courts" in the state court system?
Frage 9
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Name, in order from bottom to top, the structure of State Courts. Name the Federal Courts order
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Lower or inferior courts, Major Trial Courts, Intermediate courts, Courts of last resort.
U.S. magistrate's courts, U.S. district courts, U.S. courts of appeals, United States Supreme court.
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U.S. Magistrate courts, Lower or inferior courts, major trial courts, U.S. district courts.
U.S. district courts, U.S. courts of appeals, Intermediate appellate courts, U.S. supreme Court
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Courts of Last resort, intermediate appellate courts, major trial courts, lower or inferior courts
U.S. magistrate's courts, U.S. courts of appeals, U.S. district courts, U.S. supreme court
Frage 10
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how many courts of limited jurisdiction are there in the United States?
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more than 12,000
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11,000
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more than 13,000
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more than 24,000
Frage 11
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What are some problems with lower courts?
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neglect by bar associations, higher courts, and government agencies
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the volume and nature of their caseloads
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trial de novo system-the system of new trials
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Too much funding
Frage 12
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What can be problematic about electing judges?
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Courts of general jurisdiction are authorized to try what type of cases?
Frage 14
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Name the steps in the criminal court process for Misdemeanors and Felonies in County court?
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Arrest, Advisement, Preliminary hearing (for serious misdemeanors, optional for felonies), Arraignment, Pretrial conference/motions, trial, Sentencing
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Advisement, hearing, motions, arraignment, trial, sentenching
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Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
Frage 15
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Name the steps in the criminal court process for Felonies going to criminal court
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Arrest, screening, probably cause hearing, grand jury, arraignment, bond action, pretrial hearing, trial, sentencing
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advisement, hearing, arraignment, pretrial conference, trial, sentencing
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arrest, advisement, hearing, arraignment, motions hearing, trial, sentencing
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what are the U.S. district courts?
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How many U.S. courts of Appeals are there?
Frage 18
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What states are in Texas' judiciary Circuit (5)?
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Texas
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Louisiana
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Mississippi
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Alabama
Frage 19
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What did Marbury v. Madison establish?
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The supreme court claimed, exercised, and justified its authority to review and nullify acts of Congress that it found to conflict with the constitution
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Established presidential patronage
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What is a writ of mandamus?
Frage 21
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How does the U.S. Supreme court review cases?
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When a federal court has held an act of congress to be unconstitutional
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when a U.S. court of appeals has found a state statute to be unconstitutional
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When a state's highest court of appeals has ruled a federal law to be invalid
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When an individual's challenge to a state statute on federal constitutional grounds has been upheld y a state supreme court
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What is a writ of certiorari?
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What is the Rule of Four?
Frage 24
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Some nontraditional courts according to the book?
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Drug courts
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Spring Break courts
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Stadium Courts
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College courts
Frage 25
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What is the Missouri plan?
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A hybrid plan advocated by the American Bar Association that implements appointment and election for judges. First a judge is appointed, then when the next election comes up, the people decided to keep the judge.
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The compromise that some states can appoint judges while others would have to elect them.
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What are the responsibilities of prosecutors?
Frage 27
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What are the responsibilities of appeals judges?
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determining whether the proper procedures were followed in the presentation of the appeal
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examining the written brief, the trail record, or other materials that may have been filed
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Presiding over any oral arguments
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weighing the facts of the case and the nature of the appeal in order to arrive at a decision
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negotiating a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal
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Preparing a written opinion that details the logic and reasons for the decision
Frage 28
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What is nolle prosequi?
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What happened in United States v. Cowen?
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What happened in Brady v. United States?
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Formally acknowledged the practice of plea negotiation
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Gave defendants the right to an attorney
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Expanded the scope of search warrants
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What is an expert witness?
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called into court to provide technical information and opinions about matters of which the judge or jury may have no knowledge
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a citizen bystander that witnessed everything
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an arresting officer who has some knowledge of the acts of the case
Frage 33
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Powell v. Alabama did what?
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Extended the sixth amendment; right to counsel, but only to defendants who were indigent, who were facing the death penalty, illiterate, or other handicap
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Expanded search and seizure procedures
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Established firm 8th amendment protocols
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What is in forma pauperis
Frage 35
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Argersinger v. Hamlin did what?
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Supreme court ruled that the right to counsel applies not only to state defendants charged with felonies but in all trials of persons for offenses serious enough to warrant a jail sentence
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Supreme court ruled that police officers can do a plain feel search
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What does a withhold of adjudication mean?
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What does Bail mean?
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What is the term for a third party that posts bond of an accused person
Frage 39
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What did Stack v. Boyle do?
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address issues of excessive bail
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set a limit to the amount of bail that can be given to a person
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Made it clear that the purpose of bail is to assure the defendant's attendance in court when his presence is required.
Frage 40
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What way(s) can an individual meet bail?
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The accused may post the full amount of the bond in cash
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Many jurisdictions allow a defendant (or family and friends) to put up property as collateral)
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Use the services of a bond agent
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Issue a personal check
Frage 41
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What are some criticisms of the Bail System?
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Bail tends to discriminate against the poor
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Bail setting is totally discretionary on the part of the judge
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the court has little time to investigate the background of the accused and, hence, cannot adequately determine the degree of risk
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As a means of protecting the community against offenders who are viewed as risks to social welfare and safety, bail is set so high that it can rarely be met
Frage 42
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What is a bench warrant?
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is an information a document filed by the prosecutor that states the formal charges, the statutes that have been violated, and the evidence supporting the charges?
Frage 45
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What is a presentment?
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a formal charging document issued by a grand jury on the basis of evidence presented to it by the prosecutor
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A written notice of accusation issued by the grand jury. Comes from the initiative of the grand jury, based on its own knowledge and observation.
Frage 46
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Did Hurtado v. California rule that the grand jury was merely a form of procedure that the states could abolish at will?
Frage 47
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United States v. Calandra address the role of the exclusionary rule in grand jury proceedings
Frage 48
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What is transactional immunity?
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a witness is granted immunity against prosecution in return for testifying
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People from other countries that commit a crime in U.S. soil have immunity
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A person is put into witness protection
Frage 49
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"Use immunity" is a limited immunity that prohibits the government only from using the witness's compelled testimony in a subsequent criminal proceeding?
Frage 50
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What does nolo contendere mean?
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no contest
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guilty plea
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new contest
Frage 51
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What is double jeopardy?
Frage 52
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Which supreme court cases deal with double jeopardy?
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Palko v. Connecticut
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Benton v. Maryland
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Downum v. United States
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Malbury v. Madison
Frage 53
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A bill of particulars is a written statement that specifies additional facts about the charges contained in the information or indictment
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A motion for severance of charges requests that each specific charge not be tried as a separate case
Frage 55
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The sixth amendment promises a speedy trial
Frage 56
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Klopfer v. North Carolina made sure that states had to ensure a speedy trial. Before, it was only at a federal level.
Frage 57
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The Speedy Trail Act of 1974 ensured what?
Frage 58
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Duncan v. Louisiana settled the discrepancy of the right to a trial by jury "in all criminal prosecutions". It hadn't been fully binding in state trials
Frage 59
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Venire, or venire facias, is the writ that summons jurors.
Frage 60
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What does voir dire mean?
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To speak the truth
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To not speak the truth
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A type of food
Frage 61
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Batson v. Kentucky did what?
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Prevent juries from not having minorities. Provided a jury of one's peers.
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Examined the 8th amendment.
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The right to counsel was extended to minorities
Frage 62
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J.E.B. v. Alabama ex rel T.B. made the exclusion of a certain gender in juries unconstitutional
Frage 63
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What is a sequestration?
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the removal of the jurors (and alternates, if any) from all possible outside influence.
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Those people that ride horses
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A discharging of the jury without a verdict
Frage 64
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Evidence in chief is the first, or direct, examination of a witness
Frage 65
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What is retribution?
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An effort to make the punishment as analogous as possible to the nature of the crime. Punishment is proportional to the crime.
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The desire to punish criminals because society gains some measure of satisfaction from seeing or knowing that they are punished
Frage 66
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What is Victim impact evidence?
Frage 67
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What is the difference between deterrence and rehabilitation?
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Deterrence refers to the prevention of criminal acts by making examples of individuals convicted of a crime. Rehabilitation rests on the premise that people who commit crimes have identifiable reasons for doing so and that these can be discovered, addressed, and altered
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There is no difference
Frage 68
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Indeterminate sentencing are flat, fixed, or straight sentences, it has no set minimum or maximum but, rather, a fixed period of time.
Frage 69
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Truth-in-sentencing law requires offenders to serve a substantial portion of their sentences.
Frage 70
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Allocution is the right of a convicted offender to address the court personally prior to the imposition of sentence.
Frage 71
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What was the first supreme court case that invalidated a criminal punishment on eighth amendment grounds?
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Weems v. United States
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Wainwright v. Illinois
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Mapp v. Ohio
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Witherspoon v. Illinois was the first indication that the death penalty might be in trouble
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Furman v. Georgia found the death penalty to be unconstitutional
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What was the issue in Gregg v. Georgia?
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Coker v. Georgia placed limitations on the imposition of capital sentences
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In Lockhart v. McCree, the court asserted that even if juries that support the death penalty are "conviction prone" this in itself does not violate any constitutional provisions
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In Tison v. Arizona, the Court held that a defendant who does not intend to commit murder and who does not actually commit murder may not be executed when he or she participated in a felony that leads to murder and is found to have exhibited "reckless indifference" for human life