Chapters 8 - 13

The United States Supreme Court established that criminal defendants must be read their rights in a. Mapp v. Ohio b. Terry v. Ohio c. Chimel v. California d. Miranda v. Arizona e. Maryland v. Wilson

Miranda v. Arizona

In what case did the Court decided that the "plain view" doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be? a. Coolidge v. New Hampshire b. Hester v. U.S. c. Minnesota v. Dickerson d. Gideon v. Wainwright e. Oliver v. U.S.

a. Coolidge v. New Hampshire

The period of history when philosophers and reformers challenged the prison tradition with new ideas about the individual, limits of government, and rationalism was called the a. Enlightenment b. Renaissance c. Civil War d. Reconstruction e. Progressive Era

a. Enlightenment

Which two decisions by the Supreme Court laid the foundation for Miranda v. Arizona? a. Escobedo v. Illinois and Massiah v. U.S. b. Mapp v. Ohio and Gideon v. Wainwright c. Wolf v. Colorado and Mapp v. Ohio d. Wolf v. Colorado and Rochin v. California e. Maryland v. Wilson and Mapp v. Ohio

a. Escobedo v. Illinois and Massiah v. U.S.

The United States Supreme Court ruled that the death penalty, as administered, constituted cruel and unusual punishment in the case of a. Furman v. Georgia b. Gregg v. Georgia c. McCleskey v. Kemp d. Payne v. Tennessee e. Ford v. Wainwright

a. Furman v. Georgia

How did the U.S. Supreme Court rule in the recent Arizona v. Gant case on searches? a. It upheld the ruling of the Arizona Supreme Court that the search of Gant's vehicle was an unreasonable search b. It reversed the ruling of the Arizona Supreme Court and upheld the search by officer's as reasonable c. It did not rule on the issue, but remanded the case back the Arizona State Supreme Court d. It upheld the ruling of the Arizona Supreme Court that the search was a reasonable search

a. It upheld the ruling of the Arizona Supreme Court that the search of Gant's vehicle was an unreasonable search

The Supreme Court created the inevitable discovery exception to the exclusionary rule in the case of a. Nix v. Williams b. West Coast Hotel v. Parrish c. Weeks v. U.S. d. Brown v. Mississippi e. New York v. Quarles

a. Nix v. Williams

In the United States, the judicial system operates according to a(an) a. adversarial system of justice b. inquisitorial system of justice c. civil law system of justice d. authoritarian system of justice e. totalitarian system of justice

a. adversarial system of justice

In all states, the administration of prisons is part of the a. executive branch b. legislative branch c. judicial branch d. jointly run by executive and international branches e. jointly run by judicial and legislative branches

a. executive branch

Punishment that uses imprisonment or execution to prevent a person from committing additional crimes is called a. incapacitation b. special deterrence c. rehabilitation d. retribution e. general deterrence

a. incapacitation

Which doctrine permits officers to notice and use as evidence items that are visible to them when they are in a location that they are permitted to be? a. plain view doctrine b. public safety doctrine c. exigent circumstances doctrine d. stop and frisk doctrine e. Miranda doctrine

a. plain view doctrine

The criterion for deciding whether evidence is strong enough to uphold an arrest is called a. probable cause b. arraignment c. preponderance of the evidence d. reasonable doubt e. reasonable suspicion

a. probable cause

A nolle prosequi is a. the decision of the prosecutor to drop a case b. the process of determining probable cause c. the questioning of a jury in a criminal case d. the power of the prosecutor to bring charges e. another name for prosecutorial discretion

a. the decision of the prosecutor to drop a case

The research of Eisenstein and Jacob on the impact of courtroom workgroups across major cities revealed that a. the same type of felony was handled very differently in each city b. the same type of felony was handled the same in each city c. different types of felonies were handled very differently in each city d. different types of felonies were handled the same in each city e. cities are remarkably similar in how they handle felony cases

a. the same type of felony was handled the same in each city

In the case of United States v. Salerno and Cafero, the Supreme Court decided that: a. the use of preventive detention was constitutional b. the use of preventive detention violates offenders' constitutional rights c. the use of preventive detention was detrimental to offenders at trial d. the use of preventive detention was racially biased e. the use of preventive detention increased an increased likelihood of reoffending among accused offenders

a. the use of preventive detention was constitutional

What is the purpose of allowing searches incident to lawful arrests? a. to ensure the safety of officers b. to make sure the arrestee does not flee c. to ensure the arrestee shows the proper respect to the police d. to make sure the arrest proceeds smoothly e. to make sure probable cause exists

a. to ensure the safety of officers

In Santobello v. New York, the United States Supreme Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled b. defendants must uphold the plea agreement or suffer the consequences c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence d. defendants must state that they are voluntarily making a plea of guilty e. preventive detention can be issued in cases involving juveniles

a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled

Approximately what percentage of felony cases go to jury trial? a. 4.5% b. 9% c. 25% d. 50% 100%

b. 9%

What system held prisoners in isolation at night and made them work with fellow prisoners in shops during the day? a. Medical b. Congregate c. separate confinement d. crime control e. community corrections

b. Congregate

Miranda rights are drawn from the a. Fourth and Fifth Amendment b. Fifth and Sixth Amendment c. Seventh and Eighth Amendment d. Eighth and Ninth Amendment e. First and Fourth Amendment

b. Fifth and Sixth Amendment

The right of the accused to a speedy and public trial is found in the a. Fifth Amendment b. Sixth Amendment c. Seventh Amendment d. Eighth Amendment e. Ninth Amendment

b. Sixth Amendment

The United States Supreme Court developed the "stop and frisk" exception whereby a police officer could pat down a suspicious person without a warrant in the landmark case of a. Mapp v. Ohio b. Terry v. Ohio c. Chimel v. California d. Miranda v. Arizona e. Maryland v. Wilson

b. Terry v. Ohio

Which chief justice of the United States Supreme Court began to create exceptions to the exclusionary rule? a. Earl Warren b. Warren Burger c. Harlan Stone d. William Howard Taft e. John Marshall

b. Warren Burger

Which of the following are the three levels of state courts? a. appellate, district, limited jurisdictional b. appellate, general jurisdiction, limited jurisdiction c. limited jurisdiction, commercial, appellate d. general jurisdiction, limited jurisdiction, district e. commercial, district, appellate

b. appellate, general jurisdiction, limited jurisdiction

What is the most common method of selection for the job of county prosecutor? a. merit selection b. appointed c. elected d. volunteer e. patronage

b. appointed

The court appearance of an accused person where the charges are read is called a(an) a. probable cause b. arraignment c. preponderance of the evidence d. reasonable doubt e. reasonable suspicion

b. arraignment

In Ricketts v. Adamson, the Supreme Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled b. defendants must uphold the plea agreement or suffer the consequences c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence d. defendants must state that they are voluntarily making a plea of guilty e. preventive detention can be issued in cases involving juveniles

b. defendants must uphold the plea agreement or suffer the consequences

The local view of the proper sentence, considering the offense and the defendant's prior record, is called the a. local legal culture b. going rate c. grouping d. local rate e. common law

b. going rate

Which of the following is true concerning appeals? a. most appeals by criminal defendants are successful b. most appeals by criminal defendants are not unsuccessful c. the number of successful appeals roughly equals the number of unsuccessful appeals d. criminal defendants are no longer permitted to file appeals e. most appeals in the United States are eventually heard by the Supreme Court

b. most appeals by criminal defendants are not unsuccessful

The historical roots of probation can be traced to the a. procedures of community supervision in France b. procedures for reprieves and pardons of early English courts c. procedures for forgiveness of the Spanish courts d. procedures of shock probation in Russian courts e. procedures related to the appellate process in German courts

b. procedures for reprieves and pardons of early English courts

During plea bargaining, a multiple-offense indictment is a tactic used by a(an) a. judge b. prosecutor c. defendant d. defense attorney e. indigent

b. prosecutor

How might public opinion affect a prosecutors decision to try a certain case? a. prosecutors conduct surveys of the community to determine which cases are most important b. prosecutors are elected, so their decisions should reflect community values c. prosecutors have no discretion to try cases--they must bring every case they receive to court d. prosecutors keep the community happy by having low conviction rates e. public opinion does not affect prosecutorial decision making

b. prosecutors are elected, so their decisions should reflect community values

When an urgent situation of significant social importance outweighs the necessity of respecting individuals' rights, this is referred to as the a. plain view exception b. public safety exception c. exigent circumstances exception d. stop and frisk exception e. Miranda exception

b. public safety exception

From what population are jury pools drawn? a. all residents b. registered voters and licensed drivers c. homeowners d. college graduates e. working professionals

b. registered voters and licensed drivers

Which of the following is contained in the Fifth Amendment? a. right to counsel b. right to remain silent c. free speech clause d. warrant clause e. search and seizure clause

b. right to remain silent

Punishment designed to affect the future choice and behavior of individuals and targeted toward individuals who have already been convicted is called a. incapacitation b. special deterrence c. rehabilitation d. retribution e. general deterrence

b. special deterrence

A brief interference with a person's freedom of movement with a duration that can be measured in minutes is called a(an) a. search b. stop c. arrest d. interrogation e. affidavit

b. stop

Prisoners in this type of facility typically spend up to 23 hours per day in their cell: a. maximum security b. supermaximum security c. minimum security d. boot camps e. medium security

b. supermaximum security

The Supreme Court recently repeated its endorsement of the Miranda requirement in a. Kyllo v. U.S. b. Maryland v. Wilson c. Dickerson v. U.S. d. Romer v. Evans e. Bush v. Gore

c. Dickerson v. U.S.

Who wrote the Supreme Court's opinion in Miranda v. Arizona? a. Hugo Black b. William Brennan c. Earl Warren d. Thurgood Marshall e. Ernesto Miranda

c. Earl Warren

Where in the U.S. were the first penitentiaries located? a. New Jersey and Pennsylvania b. New York and New Jersey c. New York and Pennsylvania d. Nevada and Pennsylvania e. Nevada and New York

c. New York and Pennsylvania

In North Carolina v. Alford, the Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled b. defendants must uphold the plea agreement or suffer the consequences c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence d. defendants must state that they are voluntarily making a plea of guilty e. preventive detention can be issued in cases involving juveniles

c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence

A significant deprivation of liberty because a person is taken into police custody, transported to the police station or jail, and processed into the criminal justice system is called a(an) a. search b. stop c. arrest d. interrogation e. affidavit

c. arrest

Which type of cases are heard in federal courts? a. only criminal cases b. only civil cases c. both criminal and civil cases d. only murder cases e. none of these

c. both criminal and civil cases

Which of the following best describes the discretion given to a prosecutor? a. limited discretion b. no discretion c. broad discretion d. relative discretion e. supervised discretion

c. broad discretion

Which of the following is NOT a characteristic of a workgroup? a. interaction among members b. sharing of goals c. continued interaction brings conflict d. members develop a set of norms about how they will interact e. close feelings between members

c. continued interaction brings conflict

The person who represents accused and convicted persons in the criminal justice system is a. clerk of courts b. state's attorney c. defense attorney d. judicial attorney e. bailiff

c. defense attorney

Jails are administered locally by a. private citizens who volunteer b. appointed civil servants c. elected officials d. off-duty police officers e. all of these depending on the locality

c. elected officials

Which of the following is NOT a responsibility performed by judges? a. setting bail b. issuing search warrants c. making arrests d. scheduling hearings e. accepting guilty pleas

c. making arrests

In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys? a. adjudicator b. administrator c. negotiator d. electoral candidate e. appellate advocate

c. negotiator

The practice under which judges grant releases if the defendant is employed and has roots in the community is called a. citation b. preventive detention c. release on recognizance d. preventive assumption e. probable cause

c. release on recognizance

In the 1980's, which of the following statements is true concerning the United States Supreme Court's treatment of the exclusionary rule? a. the Court expanded the rule to protect criminal defendants b. the Court abolished the rule c. the Court created exceptions to limit the applicability of the rule d. the Court did not change the rule in terms of in its application e. the Court did not hear any cases dealing with the rule in the 1980's

c. the Court created exceptions to limit the applicability of the rule

Which of the following is true about the death penalty? a. all Western democracies use the death penalty b. a majority of Western democracies use the death penalty c. the United States is virtually the only Western democracy to use the death penalty d. none of the Western democracies, including the United States, use the death penalty e. offenders sentences to death are executed within 30 days of sentence

c. the United States is virtually the only Western democracy to use the death penalty

In what circumstance is the totality of circumstances used? a. to determine whether an offender is guilty b. to determine whether to indict a suspect c. to determine whether probable cause exists d. to determine whether police acted appropriately e. to determine whether to Mirandize a suspect

c. to determine whether probable cause exists

The Supreme Court ruled that statements produced after police beat suspects were inadmissible in a. Myers v. U.S. b. West Coast Hotel v. Parrish c. Chimel v. California d. Brown v. Mississippi e. Maryland v. Wilson

d. Brown v. Mississippi

Which English scholar developed utilitarianism and viewed retribution as pointless? a. Orville Majors b. Thomas Hobbes c. John Locke d. Jeremy Bentham e. John Peele

d. Jeremy Bentham

The United States Supreme Court created the good faith exception in the case of a. Nix v. Williams b. Hester v. U.S. c. Texas v. Johnson d. U.S. v. Leon e. New York v. Quarles

d. U.S. v. Leon

The Untied States Supreme Court applied the Fourth Amendment to the states in a. Mapp v. Ohio b. Terry v. Ohio c. Chimel v. California d. Wolf v. Colorado e. Maryland v. Wilson

d. Wolf v. Colorado

A bench trial is presided over by a. a judge and a six person jury b. a judge and a nine person jury c. a judge and a twelve person jury d. a judge and no jury e. no judge and no jury

d. a judge and no jury

Which best describes how often cases are plea bargained? a. cases are never plea bargained b. cases are seldom plea bargained c. less than half of all cases are plea bargained d. a vast majority of cases are plea bargained e. all cases involve some sort of plea bargaining

d. a vast majority of cases are plea bargained

According to U.S. v. Drayton, police officers: a. must notify citizens they have the right to say "no" to a search b. must notify a citizen of their right against self-incrimination c. must notify a citizen of their right to an attorney d. are not obligated to notify citizens they have a right to say "no" to a search e. are not obligated to read citizens their rights prior to arrest

d. are not obligated to notify citizens they have a right to say "no" to a search

Which of the following does not allow the use of the exclusionary rule? a. murder trial b. federal court c. state courts with no appellate system d. grand jury proceedings e. the exclusionary rule can be used in all of these

d. grand jury proceedings

A legal petition requesting that a judge examine whether an individual is being properly detained is called a(an) a. writ of certiorari b. writ of probable cause c. ex post facto d. habeas corpus e. bill of attainder

d. habeas corpus

The values and norms shared by members of a particular court community about how cases should be handled, and the way the court officials should behave is called the a. workgroup culture b. going rate c. grouping culture d. local legal culture e. docket culture

d. local legal culture

An application to a court requesting that an order be issued to bring about specified action is called a(an) a. dismissal b. rejection at screening c. guilty plea d. motion e. arraignment

d. motion

Which of the following is NOT true concerning plea bargaining? a. plea bargaining leads to expedited disposal of most criminal cases b. plea bargaining reduces the amount of time that released suspects spend free on bail c. plea bargaining reduces the amount of time that pretrial detainees must spend in jail d. offenders who plead guilty to serious chargers must wait longer to get in prison counseling, training, and educational programs e. plea bargaining reduces the need for more courts

d. offenders who plead guilty to serious charges must wait longer to get in prison counseling, training, and educational programs

In 1984, Congress passed the Bail Reform Act. This legislation authorized the use of a. citations b. ten percent cash bail c. release on recognizance d. preventive detention e. specific bail guidelines

d. preventive detention

Who determines whether a prisoner has a reduction in sentence due to "good time" for good behavior? a. judge b. prosecutor c. state supreme court d. prison administrator e. governor of the state

d. prison administrator

The pursuit of justice through punishment imposed on a person as "pay back" for harming society by violating criminal laws is called a. incapacitation b. special deterrence c. rehabilitation d. retribution e. general deterrence

d. retribution

What is the main purpose of drug courts? a. to mete out harsh punishments to drug offenders b. to teach children about the dangers of drug use c. to bring "drug kingpins" to trial d. to help drug offenders overcome their addictions e. to send drug offenders immediately to prison

d. to help drug offenders overcome their addictions

What is a "prosecution complex"? a. when an offender fears unfair treatment by the prosecutor b. when a judge sides with the prosecutor in a court decision c. when a defense attorney comes to believe he/she represents the state d. when prosecutors view themselves as an instrument of law enforcement e. the inability to understand the complexities of the justice system

d. when a prosecutor views themselves as an instrument of law enforcement

The Supreme Court created the exclusionary rule in the case of a. Mapp v. Ohio b. Miranda v. Arizona c. Minnesota v. Dickerson d. Gideon v. Wainwright e. Weeks v. U.S.

e. Weeks v. U.S.

Which of the following are involved in the Miranda warnings? a. right to an attorney b. right to remain silent c. statements made can be used against a suspect d. state will provide an attorney if a suspect cannot afford one e. all of these

e. all of these

Which of the following is contained in the Fourth Amendment? a. Miranda warnings b. privilege against self-incrimination c. right to an attorney d. warrant clause e. all of these

e. all of these

Which of the following senses can be used to justify a warrantless arrest? a. feel b. hear c. sight d. smell e. all of these

e. all of these

In Blackledge v. Allison, Justice Potter Stewart argued that plea bargaining a. benefits only the defendant b. benefits only the prosecutor c. benefits only the judge d. benefits only the defendant and the defense attorney e. benefits all concerned in a criminal case

e. benefits all concerned in a criminal case

Which of the following would NOT be considered part of the local legal culture? a. bailiff b. judge c. attorney d. clerks e. criminal defendant

e. criminal defendant

The process of a prosecutor sharing information with the defense is called a. nolle prosequi b. legal sufficiency c. probable cause d. discovery e. deposition

e. deposition

Punishment that assumes the general public will not commit a crime because they observe the punishment of others is called a. incapacitation b. specific deterrence c. rehabilitation d. retribution e. general deterrence

e. general deterrence

Which of the following is FALSE concerning search warrants? a. police officers must provide reliable information when obtaining a search warrant b. police officers must identify the "things" to be searched c. police officers are allowed to conduct warrantless searches under certain circumstances d. police officers cannot admit evidence into court if they gather evidence using an illegal search warrant e. police officers do need a search warrant, even if a person waives his/her Fourth Amendment rights

e. police officers do need a search warrant, even if a person waives his/her Fourth Amendment rights

Which of the following is NOT a name given to a prosecuting attorney? a. district attorney b. state's attorney c. commonwealth attorney d. county attorney e. public defender

e. public defender

Which of the following is not a part of the Miranda warnings? a. the right to an attorney during interrogation b. the right to remain silent c. any statement that you decide to make can be used against you in court d. the state will pay for an attorney if you cannot afford one e. the right to a speedy trial

e. the right to a speedy trial