Exam #3

Since 2001, drug courts have been available in every state in the United States, a. true b. false

b. false

The Speedy Trial Act of 1974 applies only to cases in the federal system. a. true b. false

b. false

The Supreme Court has ruled that juries must be made up of 12 people. a. true b. false

b. false

The defense counsel has no obligation to advise the defendant about the plea negotiations. a. true b. false

b. false

The irresistible impulse standard is also called the Durham rule. a. true b. false

b. false

Which type of sentencing scheme allows the judge the least amount of discretion? a. indeterminate b. guidelines c. flat-time d. presumptive

c. flat-time

Which system of sentencing is based on the assumption that inmates should be held in prison until they are cured or rehabilitated? a. determinate sentencing b. discrete sentencing c. indeterminate sentencing d. truth in sentencing

c. indeterminate sentencin

The U.S. Courts of Appeal are also called a. district courts. b. municipal courts. c. intermediate appellate courts. d. Article I courts.

c. intermediate appellate courts.

The list of potential jurors is called a(n) a. voir dire. b. nolo contendre. c. jury panel. d. stare decisis.

c. jury panel.

What is the standard for a speedy trial? a. 48 hours b. one week c. two weeks d. one month

a. 48 hours

When does the first formal point of contact between the state and the accused occur? a. when the crime is committed b. upon arrest of the alleged offender c. at the arraignment d. during the trial

b. upon arrest of the alleged offender

The Supreme Court's decision in Marbury v. Madison defined the power of a. judiciary actions. b. judicial review. c. jurisprudence. d. jurisdiction.

b.) judicial review

Judges may be removed from office in all of the following ways except: a. impeachment b. recall elections c. layoff d. resolutions of the legislature

c. layoff

Which successful practice in divorce cases has been suggested to speed up the court process? a. the no fault option b. equitable distribution of property c. mediation for less serious cases d. split custody arrangements

c. mediation for less serious cases

Drug courts are based on the philosophy that drug addiction should be treated as a(n) __________ matter, not a(n) __________ matter a. civil, public b. criminal, civil c. medical, criminal d. public, private

c. medical, criminal

Traditionally, court documents were submitted a. orally. b. electronically. c. on paper. d. in absentia.

c. on paper.

A defense attorney can legally do all of the following except: a. represent the defendant's interests during the initial hearing b. make ethical decisions c. present false evidence d. advocate for a light sentence

c. present false evidence

The grand jury hears evidence only from the a. defendant. b. defense attorney c. prosecutor d. judge

c. prosecutor

Which of the following is not present during an adjudication hearing? a. the judge b. the prosecutor c. the jury d. the defendant

c. the jury

Which event prompted the passing of stand your ground laws? a. the O. J. Simpson trial b. the shooting of Trayvon Martin c. the terrorist attacks on September 11, 2001 d. the school shootings at Columbine

c. the terrorist attacks on September 11, 2001

Which type of nonmonetary pretrial release is most common with juvenile defendants? a. preventive detention b. parens patriae c. third-party custody d. bond

c. third-party custody

What is the purpose of a grand jury? a. to determine a defendant's guilt or innocence b. to determine whether or not a defendant was insane at the time the crime was committed c. to determine whether there is probable cause that a crime has been committed and the accused should be held for trial d. to determine if the defenses evidence is good enough for trial

c. to determine whether there is probable cause that a crime has been committed and the accused should be held for trial

Which individual will not be called for grand jury? a. Eric who lives in Mesa, Arizona b. Bill who lives in Brooklyn, New York c. Tatiana who lives in St. Paul, Minnesota d. Armand who lives in Reading, Pennsylvania

d. Armand who lives in Reading, Pennsylvania

Which Supreme Court case involved the standards of voluntariness in plea bargaining? a. Santobello v. New York b. Miranda v. Arizona c. United States v. Windsor d. Brady v. United States

d. Brady v. United States

Which statement is true of the Comprehensive Crime Control Act? a. It initiated good time credits for inmates. b. It alleviated much of the state prison burden. c. It provided a fixed, or definite, time for a sentence imposed on a convicted offender. d. It was prompted by concern that too many offenders were being released early.

d. It was prompted by concern that too many offenders were being released early.

Which case first established juveniles' rights in court? a. In re Gault b. Durham v. United States c. Mapp v. Ohio d. Kent v. United States

d. Kent v. United States

Which individual is typically not an actor in the pretrial process? a. the prosecutor b. the judge c. the defense attorney d. the trial consultant

d. the trial consultant

Currently, there are __________ circuits and __________ courts of appeal in the U.S. a. nine, thirteen b. thirteen, nine c. nine, nine d. thirteen, thirteen

d. thirteen, thirteen

What is the primary purpose of life tenure without salary diminution for judges? a. to reward judges for years of dedicated service b. to entice competent and skilled law professionals to pursue judgeships c. to streamline the court process d. to allow judges to make decisions without fear of repercussions

d. to allow judges to make decisions without fear of repercussions

Which professional is involved in specialty court but not criminal court? a. prosecutor b. defense attorney c. judge d. treatment provider

d. treatment provider

Which type of court reviews only cases that were originally decided by a lower court? a. drug court b. juvenile court c. courts with original jurisdiction d. courts with appellate jurisdiction

d.) court with appellate jurisdiction

In 1789, there were _____ Supreme Court Justices; whereas since 1869, there have consistently been ______ justices. a.) zero, nine b.) four, six c.) three, zero d.) six, nine

d.) six, nine

True bill is synonymous with a. indictment. b. grand jury. c. evidence. d. bench trial.

a. indictment.

Vermont was the first state to create sentencing guidelines. a. true b. false

b. false

The only federal court established by constitutional mandate rather than federal legislation is a. the appellate court. b. the U.S. Supreme Court. c. town court. d. district court.

b. the U.S. Supreme Court

Which issue was central to the Bail Reform Act of 1984 that allowed judges to refuse bail? a. nonmonetary pretrial release b. least restrictive conditions for the accused c. the safety of a the community d. racial disparities in sentencing

c. the safety of a the community

What is the purpose of a trial court administrator? a. to collect court fees b. to facilitate smooth functioning of the courts c. to supervise the jury during sequestration d. to maintain custody of admitted evidence

b. to facilitate smooth functioning of the courts

Which individual would most likely to seen in teen court? a. A 15-year-old charged with first-time alcohol possession b. A 13-year-old charged with arson c. A 17-year-old charged with sexual assault d. A 19-year-old charged with 12 counts of burglary

a. A 15-year-old charged with first-time alcohol possession

Which Supreme Court case helped to define the media's role in criminal proceedings? a. Estes v. Texas (1965) b. Powell v. Alabama (1932) c. Bartkus v. Illinois (1959) d. Williams v. Florida (1968)

a. Estes v. Texas (1965)

The right to a free press is guaranteed by the a. First Amendment. b. Supreme Court. c. Sixth Amendment. d. U. S. District Court of Appeals.

a. First Amendment.

Which of the following is a criticism of preventive detention? a. It deprives defendants of their rights even though they haven't been proven guilty. b. It puts the community at risk for future victimization. c. It allows offenders freedom of choice. d. It promotes poor decision making and immoral behavior.

a. It deprives defendants of their rights even though they haven't been proven guilty.

In which two states must a person be 21 years old in order to serve on a jury? a. Mississippi and Missouri b. California and Colorado c. New Mexico and Nebraska d. Idaho and Iowa

a. Mississippi and Missouri

The merit plan of selecting judges is also called the a. Missouri plan. b. O'Connor method. c. legislative means. d. virtue strategy.

a. Missouri plan.

Substantial revisions in the federal insanity defense law were made after the assassination attempt on a. Ronald Reagan. b. Malcolm X. c. Huey Long. d. Harvey Milk.

a. Ronald Reagan

In which situation would a trial not occur? a. The defendant pleads guilty. b. The defendant pleads not guilty. c. The defendant pleads not guilty by reason of insanity. d. The defendant pleads nolo contendre.

a. The defendant pleads guilty.

Which individual is most likely be discriminated against under the bail system? a. a poor white male b. a middle-class white female c. a black, female physician d. a wealthy male child

a. a poor white male

A bailiff has all of the following responsibilities except: a. announcing the verdict b. keeping order in the courtroom c. calling witnesses d. preventing the escape of the accused

a. announcing the verdict

Ethan is an attorney who receives state reimbursement for defending rural clients who cannot afford to pay for an attorney. Ethan is most likely a(n) a. assigned counsel. b. public defender. c. state prosecutor. d. contract counsel.

a. assigned counsel.

The findings of the 1967 President's Commission on Law Enforcement and Administration of Justice resulted in the creation of a. court administrators. b. bailiffs. c. clerks. d. stenographers.

a. court administrators.

A defendant's inability to continue with daily life and a denial of the constitutional right to a speedy trial are potential consequences of a. court backlogs. b. excessive use of force. c. truth in sentencing laws. d. plea bargaining.

a. court backlogs.

Which two types of courts make up the dual court system? a. federal and state courts b. lower courts and the Supreme Court c. legislative and appellate courts d. criminal and civil courts

a. federal and state courts

Which procedure takes place during booking? a. fingerprinting b. reading of Miranda rights c. plea bargaining d. pretrial release

a. fingerprinting

Under which circumstance may a judge order change of venue due to the media? a. if there is no way a defendant can get a fair trial b. if the media coverage is biased c. if the media coverage is too intense d. if there is too much public information about a case

a. if there is no way a defendant can get a fair trial

In which situation would a prosecutor be most likely to negotiate a plea? a. in a minor crime b. in a death penalty case c. when the case against the defendant is strong d. when the defendant has a criminal history

a. in a minor crime

Allowing jurors to ask questions and requiring unanimous decisions are two reforms recommended by the American Bar Association for the purpose of a. increasing efficiency of the grand jury system. b. abolishing the grand jury system. c. promoting grand jury indictments. d. tightening grand jury eligibility requirements.

a. increasing efficiency of the grand jury system.

All of the following are solutions to overcrowding except: a. increasing the size of juries b. hiring more court personnel c. eliminating preliminary hearings d. creating specialized courts

a. increasing the size of juries

Which type of opinion has the most significant impact on the final decision of a Supreme Court case? a. majority b. concurring c. dissenting d. per curiam

a. majority

Compared to the typical court process, the drug court process is described as a. nonadversarial. b. more intense. c. ineffectual. d. more punitive.

a. nonadversarial.

What was the underlying purpose of early children's courts? a. rehabilitation b. punishment c. retribution d. reintegration

a. rehabilitation

The idea that the justices should be less active in reviewing cases from the legislatures and Congress is referred to as judicial a. restraint. b. activism. c. review. d. antagonism.

a. restraint

The primary goal of the defense is to a. secure an acquittal for the defendant. b. prove the defendant's innocence. c. protect the public. d. uphold the Constitution.

a. secure an acquittal for the defendant.

In Williams v. Florida (1968), the Supreme Court decided that a __________ person jury is constitutional. a. six- b. nine- c. twelve- d. fifteen-

a. six-

Which standard for determining insanity combines the McNaughten rule with the irresistible impulse standard? a. the ALI rule b. guilty but mentally insane c. the Durham rule d. the Brawner rule

a. the ALI rule

Which of the following groups would be most likely to support stand your ground laws? a. the National Rifle Association b. the National Association of Police Organizations c. the International Association of Chiefs of Police d. the National Association of Black Law Enforcement Executives

a. the National Rifle Association

All of the following are examples of nonmonetary pretrial release except: a. the bail system b. conditional release c. pretrial release officer d. a property bond

a. the bail system

Who defines the duties of a magistrate judge? a. the district court judge b. the chief justice c. the governor d. the president

a. the district court judge

The overall goal of the courthouse workgroup is a. the efficient disposition of cases through the court. b. presentation of evidence. c. informal interaction and cooperation. d. neutral arbitration.

a. the efficient disposition of cases through the court.

The premise for the juvenile court system is to a. treat a juvenile's underlying causes of his or her criminal behavior. b. protect society from bad apples. c. provide discipline when parents are unable to do so. d. ensure that the punishment fits the crime.

a. treat a juvenile's underlying causes of his or her criminal behavior.

A defendant cannot be put on trial twice for the same offense. a. true b. false

a. true

A defendant's response to a criminal charge is called a plea. a. true b. false

a. true

A defense attorney could be guilty of misconduct if she or he fails to provide competent representation to a client before, during, or after a trial. a. true b. false

a. true

A juror may be excused from a case for listening to media coverage of that particular case. a. true b. false

a. true

Assembly line justice is most common in the lower courts. a. true b. false

a. true

During jury selection, a jury candidate may be excused without any cause. a. true b. false

a. true

In all states, jurors must be citizens of the United States. a. true b. false

a. true

In an indeterminate sentencing system, the actual sentence depends on the seriousness of the crime. a. true b. false

a. true

Many experts believe that juveniles are easier to rehabilitate than adults. a. true b. false

a. true

Most cases reach the Supreme Court on appeal. a. true b. false

a. true

Preventive detention denies bail to certain defendants who are considered to be potentially dangerous. a. true b. false

a. true

Prosecutor misconduct can occur because of the pressure to win cases. a. true b. false

a. true

The Supreme Court has supported stand your ground laws. a. true b. false

a. true

The Supreme Court is a court of last resort. a. true b. false

a. true

The Supreme Court is the highest court in the United States. a. true b. false

a. true

The appointment process for judges is a reaction to the problem of an uninformed electorate. a. true b. false

a. true

The defense is the legal counterpart to the prosecuting attorney. a. true b. false

a. true

The number of mentally ill offenders in the United States has increased dramatically in the last 25 years. a. true b. false

a. true

The premise in all trials is that the defendant is innocent until proven guilty by the state. a. true b. false

a. true

The prosecution typically gives their closing arguments first, followed by the defense. a. true b. false

a. true

When judges make new policy, it is called judge-made law. a. true b. false

a. true

Sentencing guidelines are based on __________ and __________. a. type of offense, offender's criminal history b. a range of time, offender's behavior c. parole decisions, potential for rehabilitation d. judge's discretion, crime committed

a. type of offense, offender's criminal history

All of the following factors affect the charging decision except the a. victim's impact statement. b. seriousness of the crime. c. quantity of evidence. d. quality of evidence.

a. victim's impact statement.

The number of justices serving on the supreme court is determined by a.) congress b.) the president of the United States c.) Marbury V. Madison d.) the Constitution

a.) congress

The geographic area where the trial occurs is called the a. venue. b. jurisdiction. c. locale. d. rule.

a.) venue

How may long delays in the trial process negatively affect the credibility of the justice system? a. It allows guilty defendants to go free. b. Confidence in the judicial system declines. c. It promotes mass incarceration. d. Plea bargaining increases.

b. Confidence in the judicial system declines.

Which individual is a likely proponent of plea bargaining? a. Mark asserts that plea bargaining allows guilty offenders to go free without sufficient punishment. b. Eva asserts that if every person accused of a crime wanted a full trial, the court system would collapse. c. Josh believes that plea bargaining is used disproportionately with poor, minority defendants. d. Sara believes that most attorneys plea bargain as a shortcut for their own benefit.

b. Eva asserts that if every person accused of a crime wanted a full trial, the court system would collapse.

Raul is on trial for rape and is pleading the Fifth. What will Raul not be doing? a. He will not be going to prison. b. He will not be testifying against himself. c. He will not be accepting a plea deal. d. He will not be making bail.

b. He will not be testifying against himself.

How is the Supreme Court's ruling in Bartkus v. Illinois (1959) significant to the concept of double jeopardy? a. It decided that if a jury finds the accused not guilty, the prosecution can appeal to have the decision reversed. b. It decided that a defendant can be acquitted of violating a federal criminal law and then be tried for violating state law. c. It permitted juries of fewer than 12 persons. d. It denied juveniles the constitutional right to a jury.

b. It decided that a defendant can be acquitted of violating a federal criminal law and then be tried for violating state law.

What is the concern with judge-made law? a. Judges are making decisions based on loyalty. b. Judges are not necessarily held accountable by the people. c. Judges are often not exposed to controversial topics. d. Judges are increasingly focused on public opinion.

b. Judges are not necessarily held accountable by the people.

What is the primary reason that a victim is a key player in the courtroom workgroup? a. The victim has inherent knowledge of the defendant's guilt or innocence. b. The trial revolves around the victim's story and evidence. c. The victim has established relationships with most of the courtroom workgroup. d. The victim is a member of the community served by the workgroup.

b. The trial revolves around the victim's story and evidence.

What happens to defendants who are unable to pay for their bail? a. They are denied their right to a speedy trial. b. They are placed in detention until their trial date. c. They are assigned a court-appointed defense attorney. d. They are given an opportunity for work release.

b. They are placed in detention until their trial date.

Why are members of the media typically included in the courtroom workgroup? a. They have some training, or knowledge of, the law. b. They influence all stages of the trial. c. They protect the right to freedom of speech. d. They are an unbiased source of information.

b. They influence all stages of the trial.

Caleb is an attorney who was appointed by the president and is responsible for prosecuting federal offenses in the court system. Caleb is most likely a(n) a. public defender. b. U.S. attorney. c. Supreme Court justice. d. district attorney

b. U.S. attorney.

The general trial courts for the federal system are the a. federal circuit courts. b. U.S. district courts. c. courts of appeal. d. federal magistrates.

b. U.S. district courts.

A change of venue will mean all of the following for a trial except: a. The case will be heard in a different location. b. Witnesses will not be available to testify. c. There will be different court personnel involved in the case. d. The defendant has a better chance of receiving a fair trial.

b. Witnesses will not be available to testify.

An appeals court can consider all of the following except: a. procedural questions b. a defendant's guilt or innocence c. questions of law d. prosecutorial misconduct

b. a defendant's guilt or innocence

What must occur in order for a juvenile to be bound over to an adult court? a. institutionalization b. a waiver c. a property crime d. plea bargaining

b. a waiver

The fact that the legal profession is self-governing means that a. there is no accountability for misconduct. b. attorneys' behavior is regulated by other attorneys. c. ethical behavioral guidelines are murky. d. disciplinary action is conducted by outside agencies.

b. attorneys' behavior is regulated by other attorneys.

Docketing cases, collecting court fees, and arranging a jury pool are responsibilities of the court a. bailiff. b. clerk. c. counsel. d. stenographer.

b. clerk.

Jake has agreed to participate in a specialty court program. His team has instructed him to abstain from alcohol and participate in an anger management class. Jake has most likely agreed to have his case diverted to __________ court. a. drug b. domestic violence c. criminal d. mental health

b. domestic violence

According to the U.S. Constitution, all citizens have the right to bail. a. true b. false

b. false

All members of a community can serve on a jury. a. true b. false

b. false

All states use a grand jury in order to determine if the accused should be held for trial. a. true b. false

b. false

At present, technology is used in state courts only. a. true b. false

b. false

College student status prohibits one from serving on a jury. a. true b. false

b. false

Court clerk is synonymous with court administrator. a. true b. false

b. false

In opening statements, the defense typically goes first. a. true b. false

b. false

It is illegal for jurors' perceptions of events, the defendant, and members of the courtroom to influence the jury's decision. a. true b. false

b. false

It is important for the victim and the judge to have a strong relationship during the trial process. a. true b. false

b. false

Long delays between the time of the offense and the trial do not typically impact the trial itself a. true b. false

b. false

Misbehaving prosecutors are personally liable for their misconduct in the courtroom. a. true b. false

b. false

Once an alleged offender is arrested, the prosecutor is required to charge that offender with a criminal offense. a. true b. false

b. false

Polling the jury occurs only when a defendant is found not guilty. a. true b. false

b. false

Virginia was the first state to create sentencing guidelines. a. true b. false

b. false

Voluntary intoxication is an acceptable legal defense for criminal behavior. a. true b. false

b. false

What is the first step in having one's case reviewed by the Supreme Court? a. completing a writ of certification b. filing a legal petition c. writing an in forma pauperis brief d. reviewing a docket

b. filing a legal petition

When are defendants typically referred to drug court? a. before arrest b. immediately after arrest c. immediately after trial d. after sentencing

b. immediately after arrest

Pretrial motions can be either __________ or __________. a. bench, jury b. oral, written c. true, false d. guilty, not guilty

b. oral, written

Mary is an attorney who is employed by the state or federal government to serve as legal counsel for poor defendants. Mary is a(n) a. assigned counsel. b. public defender. c. state prosecutor. d. contract counsel.

b. public defender.

In an appeal, the burden of proof changes from __________ to __________. a. the defense, the prosecutor b. the prosecutor, the defense c. preponderance of the evidence, beyond a reasonable doubt d. beyond a reasonable doubt, preponderance of the evidence

b. the prosecutor, the defense

In the case of Powell v. Alabama (1932), nine black youths in Scottsboro, Alabama, were arrested and charged with raping two young white women. What due process right were these defendants denied? a. they were denied bail. b. they were denied adequate counsel. c. they were denied a public trial. d. they were denied a speedy trial.

b. they were denied adequate counsel.

What is the role of the judge in the plea bargaining process? a. to facilitate plea negotiations b. to ensure that the defendant was not coerced into the plea c. to recommend more lenient forms of punishment d. to make sure that the victim's wishes are given priority

b. to ensure that the defendant was not coerced into the plea

Who was the first person found not guilty by reason of insanity? a. Ernesto Miranda b. John Hinckley, Jr. c. Daniel McNaughten d. Andrea Yate

c. Daniel McNaughten

Why is the Durham rule so difficult to use? a. It does not require that a defendant have total mental incompetence. b. It requires the prosecution to prove the defendant is insane. c. It does not define mental disease or defect. d. It requires that the defendant know the difference between right and wrong.

c. It does not define mental disease or defect.

How does the Eighth Amendment pertain to bail? a. It requires all states to allow for bail. b. It grants the right to bail to all defendants. c. It ensures that the bail amount is not excessive. d. It protects defendants who can't pay their bail

c. It ensures that the bail amount is not excessive.

Which answer correctly matches the insanity standard with its rule? a. Durham: right-from-wrong test b. ALI: substantial capacity c. McNaughten: temporary insanity d. Brawner: mental defect

c. McNaughten: temporary insanity

Which of the following is an example of judge-made law? a. passive euthanasia b. the Civil Rights Act of 1964 c. Miranda rights d. the Voting Rights Act of 1965

c. Miranda rights

Ellen is a probation officer who has submitted a report to the judge that will be used in the sentencing decision of a defendant. Ellen's report includes background information about the defendant, Ellen's interviews with the defendant's family and friends, and details surrounding the offense. Ellen has probably compiled a(n) a. psychosocial assessment. b. discharge summary. c. PSI. d. PCL-R.

c. PSI.

Which statement is most accurate about prosecutor misconduct? a. Most prosecutor misconduct is the result of incompetence or poor training. b. Prosecutor misconduct is typically investigated by judges and magistrates. c. Prosecutors are immune from any civil liability that might arise from their misconduct related to a trial. d. Prosecutors who engage in misconduct are typically arrested by an officer of the court rather than a local police agency.

c. Prosecutors are immune from any civil liability that might arise from their misconduct related to a trial.

All of the following types of cases would most likely be heard in federal court except: a. a criminal case involving drug trafficking b. a civil case involving counterfeiting c. a criminal homicide case d. a civil case between two states

c. a criminal homicide case

Which individual automatically lacks the mens rea to commit a crime? a. a male with schizophrenia b. a postpartum mother c. a five-year-old child d. a person who is heavily medicated

c. a five-year-old child

A nolo contendre plea means that the defendant is not a. guilty of the crime. b. going to prison. c. admitting to committing the act. d. responsible for committing the crime.

c. admitting to committing the act.

The U.S. court process is best described as a. terminal. b. corrupt. c. adversarial. d. adjudicative.

c. adversarial.

Court office is synonymous with a. clerk. b. judge. c. bailiff. d. juror.

c. bailiff.

All of the following are courts of limited jurisdiction except: a. municipal courts b. justice courts c. circuit courts d. misdemeanor courts

c. circuit courts

If a court of appeals determines that there were no errors of law made on the district court level, then the a. case returns to the trial court. b. defendant is convicted. c. decision of the lower court is upheld. d. defendant is released.

c. decision of the lower court is upheld.

All of the following are methods to provide legal assistance to indigent offenders except: a. public defenders b. assigned counsel c. defense attorneys d. contract counsel

c. defense attorneys

Stack v. Boyle is to __________ as United States v. Salerno (1987) is to __________. a. preventive detention, safety of the community b. crime prevention, preventive detention c. excessive bail, safety of the community d. trial jury, grand jury

c. excessive bail, safety of the community

Which of the following is a central component of duress? a. bodily harm b. mental disorder c. fear d. intent

c. fear

Which statement best summarizes the research on drug courts? a. Research shows that drug courts help offenders successfully break their drug addictions but not their criminal behavior. b. Research shows that drug courts reduce court backlogs but doesn't impact re-arrest rates for the long haul. c. Research shows that drug courts have a high attrition rate due to strict participation requirements, which result in high, re-arrest rates. d. Research shows that drug courts are very successful in treating the addiction and the resulting criminal behavior.

d. Research shows that drug courts are very successful in treating the addiction and the resulting criminal behavior.

How does technology help ensure that court files are complete? a. It enhances cost effectiveness. b. There is a higher likelihood that security will be breeched. c. It prevents multiple users from viewing documents simultaneously. d. There is less chance that electronic copies will be lost, damaged, or stolen.

d. There is less chance that electronic copies will be lost, damaged, or stolen.

In the entrapment defense, the question for the jury becomes, a. Was the crime committed? b. Who committed the crime? c. What was the role of the victim in the offense? d. What was the role of police in the offense?

d. What was the role of police in the offense?

Police courts, traffic courts, and municipal courts are typically overseen by a. the governor. b. the Supreme Court. c. a prosecutor. d. a magistrate.

d. a magistrate.

In the juvenile court process, an initial appearance is similar to a(n) a. indictment. b. preliminary hearing. c. peremptory challenge. d. arraignment.

d. arraignment.

Why did early children's courts not protect the constitutional, due process rights of juveniles? a. because the children were considered adults b. because the children were still under the supervision of their parents c. because the defendants were all charged with status offenses d. because the defendants were not found guilty

d. because the defendants were not found guilty

During the pretrial stage of the judicial process, an alleged offender is first labeled a(n) __________ and is then labeled as a(n) __________. a. suspect, criminal b. inmate, convict c. person, object d. citizen, defendant

d. citizen, defendant

Complaints against attorneys are fairly __________, but prosecutions are relatively __________. a. public; private b. private; public c. rare; common d. common; rare

d. common; rare

Another term for determinate sentencing is a. presumptive guidelines. b. voluntary sentencing c. no-fault guidelines. d. fixed sentencing.

d. fixed sentencing.

After an offender is arrested and booked, the prosecutor influences the defendant's fate in all of the following ways except: a. determining whether or not charges will be applied b. permitting the defendant to return home c. deciding whether or not the defendant is a candidate for bail d. informing the defendant of his or her constitutional rights

d. informing the defendant of his or her constitutional rights

Which term best describes an effective prosecutor/police relationship? a. preparatory b. adversarial c. limitless d. interdependent

d. interdependent

Which case would most likely be heard in U.S. district court? a. underage drinking b. car theft c. sexual assault d. international drug trafficking

d. international drug trafficking

Which insanity standard states that if defendants know that what they were doing was wrong, but they could not help themselves, or if they were unable to control their actions, then they may not be held accountable for their offense? a. right-from-wrong test b. Durham rule c. substantial capacity rule d. irresistible impulse standard

d. irresistible impulse standard

Third-party custody is most often used with __________ defendants. a. criminal b. civil c. repeat d. juvenile

d. juvenile

Until the 1800s, offenders who were between the ages of 7 and 14 could be criminally liable if the prosecutor could prove that the juvenile was mentally and morally a. wrong. b. disabled. c. intelligent. d. mature.

d. mature.

Which method of selecting judges is a combination of elections and appointments? a. legislative appointment b. elections c. executive appointment d. merit

d. merit

A defense attorney who does not adequately represent her client could be guilty of a. treason. b. violence c. subversion. d. misconduct.

d. misconduct.

Which of the following is a responsibility of an appellate judge? a. supervising the jury selection process b. ruling on motions c. sentencing those offenders found guilty of their crimes d. presiding over oral arguments

d. presiding over oral arguments

Which type of determinate sentence allows the judge to consider aggravating and mitigating circumstances? a. flat-time sentences b. mandatory sentences c. voluntary sentences d. presumptive sentences

d. presumptive sentences

The term district attorney is synonymous with the term a. defense lawyer. b. bench trial. c. clerk. d. prosecutor.

d. prosecutor.

All of the following are stand your ground laws except: a. line in the sand b. no duty to retreat c. castle doctrine d. recovery of basis

d. recovery of basis

The accused's right to confront witnesses against him or her is intended to a. ensure that a defendant is not put on trial twice for the same offense. b. limit the protection of child abuse offenders. c. provide availability of a jury trial for all defendants. d. restrict the admissibility of hearsay evidence against the defendant.

d. restrict the admissibility of hearsay evidence against the defendant.

Oral arguments and testimony of witnesses are all recorded by the court a. bailiff. b. clerk. c. counsel. d. stenographer.

d. stenographer.

Some states are replacing __________ with __________ in order to determine if there is probable cause. a. judges, petit juries b. petit juries, judges c. preliminary hearings, the grand jury d. the grand jury, preliminary hearings

d. the grand jury, preliminary hearings