CJUS 330 EXAM 3 QUESTIONS AND
ANSWERS
,After a warrantless arrest, what right do all people have? - ANSWERS-Prompt hearing
where judicial officer review to determine if there was probable cause
What is classified as a "prompt hearing?" - ANSWERS-Within 48 hours
-Gerstein v. Pugh (1975)
Which court case highlights the importance of the early stages of a felony prosecution?
- ANSWERS-County of Riverside v. McLaughlin (1992)
What are the two measures of crime in the United States? - ANSWERS-Uniform Crime
Report (UCR)
-National Incident Based Reporting System (NIBRS)
What are elements of the UCR? - ANSWERS-Summary based
-2 categories: Type 1 and Type II offenses
-Type 1= 8 index crimes
-Type 2= less serious
Most felony crimes are for _______________ crimes. - ANSWERS-Nonviolent
What crime outnumbers violent offense 8 to 1? - ANSWERS-Property crimes
What are elements of the NIBRS? - ANSWERS-Began in SC in 1988
-Incident based
-Type I and Type II (location, weapon, damage, offender, etc.)
What is the hierarchy rule? - ANSWERS-If two or more crimes were committed, UCR
only reported the most serious the of crimes
-NIBRS would report all crimes
What are the weaknesses of UCR and NIBRS? - ANSWERS-Based on reported crimes
only
What are reasons individuals may not report their crime? - ANSWERS-Report to other
adult figure
-Not important enough
-Police can't help
-Fear
-Don't want to report someone they know
What is the most important factor for prosecutors when determining if criminal charges
should be filed? - ANSWERS-Strength of evidence
, What was determined in Gerstein v Pugh (1975)? - ANSWERS-Officers on the scene
assessment of probable cause justifies arrest and brief detainment
-Initial appearance not mandated if grand jury already returned indictment
What are the steps in a criminal procedure? - ANSWERS-Crime
-Arrest
-Initial appearance
-Charging
-Bail
-Preliminary hearing/Grand jury (either or)
-Arraignment
-Discovery
-Pre-Trial motions
-Plea bargain/Trial
-Sentencing
-Appeal
What happens in an initial appearance (prompt hearing)? - ANSWERS-Verify identify &
present charges
-Read rights
-Preliminary hearing date chosen
-Possible pre-lim bail
How many individuals charged with a misdemeanor plead guilty at the initial
appearance? - ANSWERS-70%
What is a charging document? - ANSWERS-Brief description of date and location of
offense
-Corpus delicti (essential elements) identified
-Satisfies the sixth amendment
What are the four types of charging documents? - ANSWERS-Complaint
-Information
-Arrest Warrant
-Indictment
What is a complaint? - ANSWERS-Supported by oath or affirmation of victim or
arresting officer
What is an "information?" - ANSWERS-Identical to complaint; however, with prosecutor
signature
Who issues arrest warrants? When does this occur? - ANSWERS-Judicial officer
(sometimes prosecutorial approval is needed)
-Most occur after the arrest
ANSWERS
,After a warrantless arrest, what right do all people have? - ANSWERS-Prompt hearing
where judicial officer review to determine if there was probable cause
What is classified as a "prompt hearing?" - ANSWERS-Within 48 hours
-Gerstein v. Pugh (1975)
Which court case highlights the importance of the early stages of a felony prosecution?
- ANSWERS-County of Riverside v. McLaughlin (1992)
What are the two measures of crime in the United States? - ANSWERS-Uniform Crime
Report (UCR)
-National Incident Based Reporting System (NIBRS)
What are elements of the UCR? - ANSWERS-Summary based
-2 categories: Type 1 and Type II offenses
-Type 1= 8 index crimes
-Type 2= less serious
Most felony crimes are for _______________ crimes. - ANSWERS-Nonviolent
What crime outnumbers violent offense 8 to 1? - ANSWERS-Property crimes
What are elements of the NIBRS? - ANSWERS-Began in SC in 1988
-Incident based
-Type I and Type II (location, weapon, damage, offender, etc.)
What is the hierarchy rule? - ANSWERS-If two or more crimes were committed, UCR
only reported the most serious the of crimes
-NIBRS would report all crimes
What are the weaknesses of UCR and NIBRS? - ANSWERS-Based on reported crimes
only
What are reasons individuals may not report their crime? - ANSWERS-Report to other
adult figure
-Not important enough
-Police can't help
-Fear
-Don't want to report someone they know
What is the most important factor for prosecutors when determining if criminal charges
should be filed? - ANSWERS-Strength of evidence
, What was determined in Gerstein v Pugh (1975)? - ANSWERS-Officers on the scene
assessment of probable cause justifies arrest and brief detainment
-Initial appearance not mandated if grand jury already returned indictment
What are the steps in a criminal procedure? - ANSWERS-Crime
-Arrest
-Initial appearance
-Charging
-Bail
-Preliminary hearing/Grand jury (either or)
-Arraignment
-Discovery
-Pre-Trial motions
-Plea bargain/Trial
-Sentencing
-Appeal
What happens in an initial appearance (prompt hearing)? - ANSWERS-Verify identify &
present charges
-Read rights
-Preliminary hearing date chosen
-Possible pre-lim bail
How many individuals charged with a misdemeanor plead guilty at the initial
appearance? - ANSWERS-70%
What is a charging document? - ANSWERS-Brief description of date and location of
offense
-Corpus delicti (essential elements) identified
-Satisfies the sixth amendment
What are the four types of charging documents? - ANSWERS-Complaint
-Information
-Arrest Warrant
-Indictment
What is a complaint? - ANSWERS-Supported by oath or affirmation of victim or
arresting officer
What is an "information?" - ANSWERS-Identical to complaint; however, with prosecutor
signature
Who issues arrest warrants? When does this occur? - ANSWERS-Judicial officer
(sometimes prosecutorial approval is needed)
-Most occur after the arrest
