Deck 16: Criminal Justice Process and Perspectives
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Deck 16: Criminal Justice Process and Perspectives
1
In about half the states and in the federal system, the decision of whether to bring a suspect to trial (indictment) is made by a group of citizens brought together to form a __________________.
grand jury
2
The _______________________________ sets out and guarantees citizens certain rights and privileges when they are accused of crime.
law of criminal procedure
3
The questioning of a suspect in police custody is known as the __________________.
interrogation
4
The first ten amendments to the U.S. Constitution are known as __________________.
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5
Patterns of cooperation among judges, prosecutors, and public defenders are referred to as the ______________________.
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6
The criminal justice process begins with the _________________ an offender has with police and ends with the offender's reentry into society.
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7
Advocates of the _______________________ model believe that the overriding purpose of the justice system is to protect the public, deter criminal behavior, and incapacitate known criminals.
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8
The evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant is known as ________________.
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9
The taking of a person into the custody of the law, the legal purpose of which is to restrain the accused, is known as _____________.
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10
Advocates of the __________________ model believe in individualized justice, treatment, and rehabilitation of offenders and view themselves as protectors of civil rights.
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11
A jury that cannot reach a decision in a criminal case is referred as a ______________ jury.
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12
Samuel Walker, a justice historian, has developed a four layer-method for explaining the informal criminal justice system; it is called the _______________________ model.
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13
The _____________________ analyzed the American justice system in detail and helped usher in the era of treatment and rehabilitation.
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14
At a defendant's ____________________, formal charges are read, the accused is informed of constitutional rights, bail is considered, and a trial date is set.
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15
The judicial policy of not interfering in the administrative affairs of a prison is known as the ________________.
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16
At ____________________, fingerprinting, photographing, and the recording of personal information of the arrested person take place while in police custody.
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17
The idea that the punishment must be equitably administered and based on what people deserve for their crimes is called ______________________.
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18
Decision making and ______________ mark each stage of the criminal justice process. Thus, the criminal justice system is similar to an assembly line.
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19
The __________________________ refers to agencies of the government charged with enforcing law, adjudicating criminals, and correcting criminal conduct.
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20
In 1829, the first police agency, the __________________, was developed to keep the peace and identify criminal suspects.
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21
Which of the following is inaccurate regarding the differences between the juvenile justice system and the adult criminal justice system?
A) Juvenile proceedings are not considered criminal, but adult proceedings are.
B) Juveniles have no constitutional right to a jury trial, whereas adults have this right.
C) The nature of the offense determines jurisdiction in juvenile court.
D) Juvenile court procedures are generally informal and private. Those of adult courts are more formal and are open to the public.
A) Juvenile proceedings are not considered criminal, but adult proceedings are.
B) Juveniles have no constitutional right to a jury trial, whereas adults have this right.
C) The nature of the offense determines jurisdiction in juvenile court.
D) Juvenile court procedures are generally informal and private. Those of adult courts are more formal and are open to the public.
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22
When were the components of criminal justice first conceived of as a "system"?
A) after the Wickersham Commission
B) after the Chicago Crime Commission
C) after studies conducted by the American Bar Foundation
D) after the President's Commission on Law Enforcement and the Administration of Justice
A) after the Wickersham Commission
B) after the Chicago Crime Commission
C) after studies conducted by the American Bar Foundation
D) after the President's Commission on Law Enforcement and the Administration of Justice
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23
The _____________________ model suggests that people commit crimes through no fault of their own. Instead, criminals themselves are the victims of social injustice, poverty, and racism; their acts are a response to a society that has betrayed them.
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24
The aspects of decision making and ________ mark each stage of the criminal justice system.
A) funneling
B) deterrence
C) discretion
D) formality
A) funneling
B) deterrence
C) discretion
D) formality
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25
What prompted the development of formal agencies of criminal justice in the nineteenth century?
A) the Civil War
B) the rising number of murders in port cities
C) rampant alcohol abuse
D) criminal gangs and groups
A) the Civil War
B) the rising number of murders in port cities
C) rampant alcohol abuse
D) criminal gangs and groups
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26
Which of the following is inaccurate regarding the similarities between the juvenile justice system and the adult criminal justice system?
A) Discretion in decision making is used in both the juvenile justice systems and the adult criminal justice system.
B) The standard of arrest is similar for adults and juveniles.
C) The standard of evidence in juvenile delinquency adjudications, as in adult criminal trials, is proof beyond a reasonable doubt.
D) Juveniles and adults can be kept in detention without bail if they are considered dangerous.
A) Discretion in decision making is used in both the juvenile justice systems and the adult criminal justice system.
B) The standard of arrest is similar for adults and juveniles.
C) The standard of evidence in juvenile delinquency adjudications, as in adult criminal trials, is proof beyond a reasonable doubt.
D) Juveniles and adults can be kept in detention without bail if they are considered dangerous.
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27
The ________________ model suggests that the more the government intervenes in the lives of people, the greater the harm done to their future behavior patterns. Therefore, they advocate for diversion, decriminalization, and deinstitutionalization.
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28
According to the _________________ model, dealing effectively with crime requires attacking its root causes.
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29
The U.S. criminal justice system is monumental in size and is expensive to run. What is the annual cost to run civil and criminal justice on the federal, state, and local levels?
A) $500 million
B) $28 billion
C) $170 billion
D) $260 billion
A) $500 million
B) $28 billion
C) $170 billion
D) $260 billion
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30
The ______________________ asserts that all people should receive the same treatment under the law.
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31
The Wickersham Commission analyzed American justice and helped to usher in the era of _____________________.
A) nonintervention
B) treatment and rehabilitation
C) crime control
D) due process
A) nonintervention
B) treatment and rehabilitation
C) crime control
D) due process
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32
Today, there are approximately how many law enforcement agencies on all levels of the government?
A) 10,000
B) 12,500
C) 18,000
D) 25,000
A) 10,000
B) 12,500
C) 18,000
D) 25,000
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33
The ________________________ acted as a citizen's advocate group and kept track of the activities of local justice agencies. With its creation, the work of the criminal justice system began to be recognized.
A) Wickersham Commission
B) Chicago Crime Commission
C) American Bar Association
D) President's Commission on Law Enforcement and the Administration of Justice
A) Wickersham Commission
B) Chicago Crime Commission
C) American Bar Association
D) President's Commission on Law Enforcement and the Administration of Justice
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34
Currently, how many people are under some form of correctional supervision?
A) less than 2 million
B) about 5 million
C) more than 7 million
D) over 10 million
A) less than 2 million
B) about 5 million
C) more than 7 million
D) over 10 million
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35
In 1829, the first recognized police agency that was developed to keep the peace and identify criminal suspects was the:
A) New York Police Department
B) Boston Police Department
C) London Metropolitan Police
D) French National Police
A) New York Police Department
B) Boston Police Department
C) London Metropolitan Police
D) French National Police
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36
In order to make an arrest, police need:
A) plausible cause.
B) sufficient evidence.
C) probable cause.
D) sufficient cause.
A) plausible cause.
B) sufficient evidence.
C) probable cause.
D) sufficient cause.
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37
Which state does not have a law enforcement agency at the state level?
A) Hawaii
B) Idaho
C) Utah
D) Maine
A) Hawaii
B) Idaho
C) Utah
D) Maine
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38
Those who believe in the _________________ model maintain that the true purpose of the criminal justice is to promote a peaceful, just society; they advocate peacemaking, not punishment.
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39
Which of the following is not a component of the corrections system?
A) probation
B) prison
C) parole
D) prosecution
A) probation
B) prison
C) parole
D) prosecution
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40
The criminal justice system is essentially an instrument of:
A) apprehension and punishment.
B) social control.
C) order maintenance.
D) crime prevention.
A) apprehension and punishment.
B) social control.
C) order maintenance.
D) crime prevention.
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41
According to the rehabilitation model, dealing effectively with crime requires:
A) attacking its root causes.
B) more punitive sentencing.
C) decriminalization of nonserious offenses.
D) appropriate levels of funding from the federal government
A) attacking its root causes.
B) more punitive sentencing.
C) decriminalization of nonserious offenses.
D) appropriate levels of funding from the federal government
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42
Which perspective embraces the notion that, given the proper care and treatment, criminals can be changed into productive, law-abiding citizens?
A) equal justice
B) crime control
C) rehabilitation
D) due process
A) equal justice
B) crime control
C) rehabilitation
D) due process
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43
Policy goals of advocates of the crime-control model include:
A) limiting police discretion.
B) increasing the size of police forces.
C) protecting citizens' Miranda rights.
D) reducing the use of the death penalty.
A) limiting police discretion.
B) increasing the size of police forces.
C) protecting citizens' Miranda rights.
D) reducing the use of the death penalty.
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44
Which of the following factors is an indicator of a conservative, hard-line political climate in the United States?
A) reducing the use of the death penalty
B) support for insanity defenses
C) prison overcrowding
D) upholding the exclusionary rule
A) reducing the use of the death penalty
B) support for insanity defenses
C) prison overcrowding
D) upholding the exclusionary rule
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45
The process of bail is meant to ensure:
A) that a suspect can work with her/his defense attorney.
B) that witnesses will cooperate with attorneys.
C) that a suspect will appear at trial.
D) that victims will testify at trial.
A) that a suspect can work with her/his defense attorney.
B) that witnesses will cooperate with attorneys.
C) that a suspect will appear at trial.
D) that victims will testify at trial.
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46
Celebrity cases and their highly adversarial attorneys are a rarity in the justice system. A more accurate reflection of the court process involves cooperation between judges, prosecutors, and public defenders, who work together to ensure the flow of cases through the court system. This cooperation is referred to as the:
A) court system cooperation.
B) courtroom work group.
C) courtroom flow process.
D) adversarial assistance group.
A) court system cooperation.
B) courtroom work group.
C) courtroom flow process.
D) adversarial assistance group.
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47
In the past, U.S. courts exercised little control over the operations of criminal justice agencies, believing that their actions were not an area of judicial concern. This policy was referred to as:
A) "eyes-off doctrine."
B) "nonintrusion doctrine."
C) "nonintervention doctrine."
D) "hands-off doctrine."
A) "eyes-off doctrine."
B) "nonintrusion doctrine."
C) "nonintervention doctrine."
D) "hands-off doctrine."
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48
A/An ___________________ usually involves a fine, a term of community supervision (probation), a period of incarceration in a penal institution, or some combination of these penalties.
A) arraignment
B) disposition
C) appeal
D) information
A) arraignment
B) disposition
C) appeal
D) information
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49
The equal justice model calls for:
A) indeterminate sentences.
B) mandatory sentences.
C) treatment and rehabilitation.
D) peacemaking, not punishment.
A) indeterminate sentences.
B) mandatory sentences.
C) treatment and rehabilitation.
D) peacemaking, not punishment.
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50
The procedural right that protects defendants from illegal searches and seizures is called:
A) exclusionary rule.
B) hands-off doctrine.
C) probable cause.
D) preliminary hearing.
A) exclusionary rule.
B) hands-off doctrine.
C) probable cause.
D) preliminary hearing.
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51
Advocates of the crime control model do not believe that the overriding purpose of the justice system is to:
A) protect the public.
B) deter criminal behavior.
C) incapacitate known criminals.
D) ensure individualized justice.
A) protect the public.
B) deter criminal behavior.
C) incapacitate known criminals.
D) ensure individualized justice.
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52
Grand jury procedures and preliminary hearings are held to determine if there exists ____ for a suspect to stand trial.
A) plausible cause
B) sufficient reason
C) probable cause
D) sufficient cause
A) plausible cause
B) sufficient reason
C) probable cause
D) sufficient cause
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53
Due-process model advocates have not demanded which of the following practices?
A) truth-in-sentencing laws
B) development of prisoners' rights
C) strict scrutiny of police search and interrogation procedures
D) competent defense counsel for every criminal defendant
A) truth-in-sentencing laws
B) development of prisoners' rights
C) strict scrutiny of police search and interrogation procedures
D) competent defense counsel for every criminal defendant
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54
The rehabilitation model suggests that people commit crime:
A) in spite of treatment and rehabilitation efforts.
B) when the opportunity exists.
C) through no fault of their own.
D) when the general public is nonsupportive of the poor.
A) in spite of treatment and rehabilitation efforts.
B) when the opportunity exists.
C) through no fault of their own.
D) when the general public is nonsupportive of the poor.
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55
During the 1960s and 1970s, the crime-control philosophy became a dominant force in America because of the rising fear of crime and what other factor?
A) the increasing numbers of inmates being released from prison early due to overcrowding
B) the increasing pressure from civil rights advocates
C) a rising shortage of police officers at the local level
D) the growing skepticism about the effectiveness of rehabilitation efforts
A) the increasing numbers of inmates being released from prison early due to overcrowding
B) the increasing pressure from civil rights advocates
C) a rising shortage of police officers at the local level
D) the growing skepticism about the effectiveness of rehabilitation efforts
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56
While procedural laws have a number of sources, the most important source is:
A) the Emancipation Proclamation.
B) common law.
C) the Bible.
D) the Bill of Rights.
A) the Emancipation Proclamation.
B) common law.
C) the Bible.
D) the Bill of Rights.
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57
Most important to advocates of the due process model is that:
A) criminals should be changed into law-abiding and productive members of society.
B) society is protected and victims are compensated.
C) treatment and rehabilitation should be used over punitive measures.
D) the civil rights of the accused should be protected at all costs.
A) criminals should be changed into law-abiding and productive members of society.
B) society is protected and victims are compensated.
C) treatment and rehabilitation should be used over punitive measures.
D) the civil rights of the accused should be protected at all costs.
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58
_____ control the actions of the agencies of justice and define the rights of criminal defendants.
A) Procedural laws
B) Substantive laws
C) Criminal laws
D) Civil laws
A) Procedural laws
B) Substantive laws
C) Criminal laws
D) Civil laws
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59
According to the equal justice model, punishment must be equitably administered and based on what people deserve for their crimes. This concept is known as:
A) just desserts.
B) discretion.
C) procedural fairness.
D) equal protection under law.
A) just desserts.
B) discretion.
C) procedural fairness.
D) equal protection under law.
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60
The due-process model combines elements of liberal/positivist criminology with the legal concept of:
A) probable cause.
B) fundamental fairness.
C) procedural fairness.
D) innocent until proven guilty.
A) probable cause.
B) fundamental fairness.
C) procedural fairness.
D) innocent until proven guilty.
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61
Determinate sentencing, sentencing guidelines, and truth-in-sentencing are three direct outcomes of the equal justice model.
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62
Each component of the criminal justice system is closely supervised by state and federal courts through the law of criminal procedure, which sets out and guarantees citizens certain rights and privileges when they are accused of crime.
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63
In the 1960s, under the guidance of Chief Justice Earl Warren, the U.S. Supreme Court became more active in the affairs of the justice system.
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64
According to the exclusionary rule, illegally seized evidence cannot be used during a trial.
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65
How do backers of the restorative justice model view punitive methods of correction?
A) as restorative to the social capital of society
B) as stigmatizing to the offender
C) as effective if used in combination with parole and aftercare
D) as no more effective than more humanitarian efforts
A) as restorative to the social capital of society
B) as stigmatizing to the offender
C) as effective if used in combination with parole and aftercare
D) as no more effective than more humanitarian efforts
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66
From their inception in the nineteenth century, the component agencies of criminal justice have worked as a system.
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67
Procedural laws control the actions of the agencies of justice and define the rights of criminal defendants.
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68
The changing social climate during the Ronald Reagan era ushered in the due-process model focusing upon individual rights.
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69
The rehabilitation model is also referred to as:
A) the intervention model.
B) the patient model.
C) the medical model.
D) the healing model.
A) the intervention model.
B) the patient model.
C) the medical model.
D) the healing model.
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70
When making an arrest, a police officer must inform the suspect by using the word "arrest" and must then transport the suspect to a police station.
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71
The goal of the crime-control model is speedy, efficient justice.
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72
In 1868, the Twentieth Amendment made the first ten amendments to the Constitution binding on state governments.
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73
According to the restorative justice model, what is the true purpose of the criminal justice system?
A) to promote a peaceful and just society
B) to maintain a "hands-off" doctrine
C) to protect a suspect's civil rights
D) to treat and rehabilitate offenders
A) to promote a peaceful and just society
B) to maintain a "hands-off" doctrine
C) to protect a suspect's civil rights
D) to treat and rehabilitate offenders
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74
Advocates of the due process-model suggest that to effectively deal with crime, one must attack its root causes.
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75
Advocates of the equal-justice model are concerned with unfairness in the criminal justice system, such as racism and discrimination, which causes sentencing disparity and unequal treatment before the law.
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76
The U.S. Supreme Court interprets the Constitution and sets out the procedural laws that must be followed by the lower federal and state courts.
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77
The Plug Uglies, the Hudson Dusters, and the Dead Rabbits were gangs and the forerunners of organized crime families in New York.
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78
A criticism of the nonintervention model is that alternative programs may result in:
A) increased taxes due to costs associated with alternative programs.
B) disrespect for a criminal justice system viewed as "soft" by offenders.
C) an eventual increase in crime when programs fail.
D) widening the net instead of removing people from the system.
A) increased taxes due to costs associated with alternative programs.
B) disrespect for a criminal justice system viewed as "soft" by offenders.
C) an eventual increase in crime when programs fail.
D) widening the net instead of removing people from the system.
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79
What do proponents of the nonintervention model advocate?
A) limiting decriminalization of nonserious offenses
B) limiting government intrusion into people's lives
C) limiting diversion from formal court processes
D) limiting deinstitutionalization of nonserious offenders
A) limiting decriminalization of nonserious offenses
B) limiting government intrusion into people's lives
C) limiting diversion from formal court processes
D) limiting deinstitutionalization of nonserious offenders
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80
Complaints are the type of charging documents used in misdemeanor cases; informations and indictments are the charging documents used in felony cases.
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