Crim courts final
The _________'s Model Code of Judicial Conduct was adopted in 1972 and replaced the Canon of Legal Ethics, which was created some 50 years earlier.
American Bar Association
Which term refers to the questioning of a witness conducted by a party other than the party who called the witness
Cross examination
a document that includes recommendations concerning the juvenile's education,training,counseling and support service need is a
Disposition plan
under the federal juvenile delinquency act a juvenile is a person who has not yet turned ___
18
Beginning in the ____ the US supreme court heard a number of important cases that dealt with juveniles' rights
1960s
In all states, a hearing must be held within ____ of juvenile detention in order to prevent arbitrary
24 hours
What is the average age for district judges at their time of appointment?
49
Diversity jurisdiction must involve disputed amounts of more than ____
75,000
the process by which a court arrives at a decision regarding a case
Adjudication
Which of the following refers to rules promulgated by government agencies that have been given their authority by the executive branch or legislative branch
Administration regulation
Which describes a justice system that pits two parties against eachother in pursuit of the truth
Adversarial
The ______ is/are the federal trial courts and the "entry points" into the federal judicial system.
District courts
Which of the following occurs after the police develop probable cause that the suspect committed a crime and/or they obtain an arrest warrant issued by a judicial magistrate?
Arrest
Per __________, Section 2 of the Constitution, federal judges are appointed by the president with the advice and consent of the Senate
Article II
The appointment from a list of private bar members who accept cases on a judge by judge case
Assigned counsel
Some states attempt to follow a _______ approach of emphasizing public safety, individual accountability, and offender services.
Balanced and restorative
In this 1932 case, the Supreme Court reversed the convictions of several poor defendants who were not represented by counsel at their trial.
Betts v. Brady
The earliest known example of a formal written legal code was the :
Code of hammurabi
The right to the _ _ _ was made binding on the states in Washington v. Texas, a case in which the Supreme Court stated this protects the "right to offer the testimony of witnesses, and to compel Their attendance."
Compulsory process
Most criminal work is conducted at the __________ level because this is where common law felonies and misdemeanors are tried.
County
Which is the largest category of convictions for felonies?
Drug offenses
In the United States we have a ______ that separates federal and state court systems
Duel court system
_____ serves a a powerful tool for voters to exert control over the judiciary
Elections
Which of the following is formally defined as the requirement that evidence obtained in violation of the Constitution during an illegal arrest, search, or other process, cannot be used in a criminal trial
Exclusionary rule
Civil disputes are those between the government and an individual accused of violating the law
False
Courts do not have the power to make binding decisions
False
I.T is a common strategy for a lower court to ignore a higher court's decision altogether
False
Interest groups have little influence throughout government
False
Mens rea is the formal practice of adhearing to precedent
False
Prior judicial decisions are often overruled
False
The Articles of Confederation was the first document to give the federal government taxing authority
False
The primary function of federal appellate jurisdiction is to review alleged errors made by district court judges
False
The public is essentially powerless when it comes to controlling the courts
False
There is no degree of predictability in the criminal justice process
False
defense attorneys are not necessarily required to provide "effective" assistance
False
no-drop prosecution policies are inexpensive and supported by the majority of domestic violence victims
False
which courts have jurisdiction over cases of several types, including divorce,child custody, child support
Family courts
Which arm of the U.S. Justice Department performs a security and background check to guide appointment decisions for all nominees to federal positions (not just judgeships)?
Federal Bureau of Investigation
the federal intelligence surveillance act of 1978 legislation has been amended more than once and most significantly by the
Federal Intelligence act of 1998
The laws that emerged from the first meeting of congress was/were the ____
Federal Judiciary act of 1789
Which amendment provides that no person "shall be compelled in any criminal case to be a witness
Fifth
Which amendment states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury"?
Fifth
Males are arrested at rates much higher than females for the following crime
Fraud
_____ jurisdiction courts often go by the name like " Superior court"
General
In 1989, a Rhode island law was passed which created the nation's first:
Gun court
The first dedicated juvenile court was founded in ____ in 1899
Illinois
With the _ _ _ exception, if the prosecution seeks to use evidence for the purpose of attaching The credibility of a witness, then it will be considered admissible for that purpose.
Impeachment
In which case did the supreme court rule that the reasonable doubt standard is necessary in juvenile proceedings?
In re winship
Which of the following refers to a formal, written accusation submitted to the court by a grand jury, alleging that a specified person(s) has committed a specified offense{s), usually a felon ?
Indictment
the main actors in the federal judiciary are the men and women who serve as
Judges
which is the philosophy of limiting decisions to the fact of the case
Judicial discretion
Which of the following refers to the standards and norms that bear on judges and covers such matters as how to maintain independence, impartiality, and avoid impropriety?
Judicial ethic
which term refers to the courts power to review decisions from other levels or branches of government to ensure their consistency legality,and conformity with the constitution
Judicial review
The first congress created the office of attorney general and the US attorneys through the:
Judiciary act of 1789
The power of control to resolve a dispute is ______
Jurisdiction
the power of a court to resolve a dispute is
Jurisdiction
the term ____- refers to trying juveniles as adults
Juvenile waiver
A federal judge can be removed from the bench via:
Legislative impeachment and conviction
Under Chief Justice Marshall, a decision was issued on the famous case of ______, where the court asserted its authority to overrule acts of Congress- and decisions by the executive that run counter to the constitution
Marbury v. Madison
Which of the following is concerned solely with identifying judges who are qualified, intelligent, and who will do the job well?
Merit Selection
Justice of the peace courts have jurisdiction over ____ matters
Minor civil
state courts have both ____ and ____ jurisdiction
Original and Apellate
Which of the following is a medieval doctrine that allows the Crown to replace natural family relations whenever a child's welfare was at risk
Parens patriae
Which refers to a prior action that guides current action?
Precedent
A fact assumed to be true under the law is
Presumption
According to the Supreme Court Crim I am defendants have a constitutional right to represent themselves this is known as
Pro se
Which of the following has been defined by the Supreme Court as more than bare suspicion
Probable cause
Which of the following has been defined as the decision of a prosecutor to submit a charging document to a court, or to seek a grand jury indictment, or to decline to prosecute?
Prosecutorial discretion
Which type of immunity attaches when prosecutors (1) act as administrators or investigators and (2) make reasonable mistakes?
Qualified immunity
Defense attorneys serve as the accused counselor and advocate with courage and devotion to render effective, high-quality:
Representation
Attorneys in criminal cases often require their clients to pay a _ _ ___or fees paid in advance for their services
Retainer
In which case did the Supreme Court create the fruit of the poisonous tree doctrine?
Silverthorne lumber co. V US
In certain circumstances though permitting waiver of counsel the court can require that this be available to the defendant in order to assist the accused when necessary.
Standby counsel
an ____ offense is conduct that is declared by statute to be an offense only if committed by a juvenile
Status
______ due process is concerned with protecting people's life,liberty,and property rights
Substantive
Which of the following nOT an example of an ethical dilemma a defense attorney might face
The prosecutor's winning record
which of the following refers to civil wrongs recognized by law to be grounds for a lawsuit?
Tort
A presumption is a fact assumed to be true under the law
True
Constitutional rights ensure that people accused of criminal activity are not rushed to judgement and treated unfairly
True
Executive control over the courts is manifested through appointments to the bench and executive participation in the courts
True
Federal question jurisdiction refers to the authority of federal courts to hear cases touching on the constitution or other federal laws
True
Higher courts can control the actions and decisions of lower courts, but not the other way around
True
IN roy fleming's classic study attorneys reported that "public clients" are less trusting
True
Most criminal cases originate at the state level
True
Social norms consist of Informal and often unspoken rules concerning standards of behavior.
True
State courts have either original or appellate jurisdiction, and do not have the authority to decide on matters involving federal questions, diversity issues, or supplemental matters
True
The Declaration of Independence recognizes the "creator" as a source of rights
True
The U.S courts of appeals does its work via three judge panels
True
The federal appellate courts do not engage in fact finding
True
The law of succession is concerned with how property is passed from one generation to the next
True
The senate ultimately decides who become a federal judge even though the president nominates potential judges to serve on federal bench
True
The two main types of civil remedies are monetary damages and injunctive relief
True
a petition is a written request asking for the exercise of the courts judicial powers
True
courts are not supposed to be political
True
At the federal level, who is the head of the U.S. Department of Justice and chief law enforcement officer of the federal government
U.S. Attorney General
Victims' assistance was spearheaded by the 1984 _ ___, which provided about $50 million each For victim assistance programs.
Victims of crime act
On a whole, most offenses are committed by:
Young adults
The view that a defense attorney's main concern is looking out for the client's interest; that nothing matters more to them than securing favorable plea agreements or, ideally, acquittals, is described as characterizing the defense attorney as a:
Zealous advocate
which refers to total immunity for a prosecutor from suit
absolute immunity
Which term refers to a brief that is often filed on behalf of various interest groups as a means to her involved in cases and thereby influenced court decision and policy?
amicus curiae
wHich refers to the lawful authority of a court to review a decision made by a lower court
appellate jurisdictiom
One of the better known __________ programs is Brooklyn's popular Drug Treatment Alternative to Prison program.
deferred sentencing
Which theory of crime holds that serious crime will flourish if minor problems, including misdemeanors, are not taken seriously?
broken windows
to "put off" a scheduled event is known as
continuance
Which of the following amounts to delaying criminal charges against a suspect until he or she fulfills some obligation?
deferred prosecution
If a juvenile is placed in adult lock up, contact with adults is prohibited in order to protect from abuse
true
which is the chief local prosecutor at the county level
district attorney
which refers to any number of informal methods of steering offenders out of the criminal justice system
diversion
the failure of mandatory arrest and uncertain effects of other methods of intervening in which situations have led to the creation of specialized courts to deal with these situations
domestic violence
The most common feature of a _____ include the non-adversarial approach,frequent drug and alcohol treatment, and a coordinated strategy to govern responses to participants ' compliance
drug court
Criminal courts generally resolve disputes between private parties
false
Examples of status offenses include DWI,Drug possession, and shop lifting
false
The juvenile justice process focuses on the immediate ends of punishment rather than long-term rehabilitation
false
There is an abundance of empirical support that all specialized courts to date have been highly successful
false
a person will be arraigned before being formally charged
false
a public defender is chosen from a list of private members
false
all states basically follow the same approach when dealing with juvenile offenders
false
city attorneys cant provide legal services to other city level agencies
false
during an impeachment trial, only 1/3 of the senate vote is required
false
hearsay statements are always admissable in criminal court
false
if a judge disliked a particular statute, he would declare it unconstitutional
false
in a fixed-free contract the firm agrees to accept an unspecified number of cases fo a annual flat fee
false
judicial salaries tend to be higher than those of attorneys in the private sector
false
oppositional culture theory holds that serious crime ill flourish i minor problems are not take seriously
false
prosecutors enjoy the right to choose whether or not to acknowledge constitutional limitations on their charging decisions
false
prosecutors' power has decreased over time
false
research indicates that privately-retained attorneys are far more effective than public defenders
false
reserach has shown that the attorney-client relationsip is not important.
false
the "zealous advocate" is the defense attorney who appears to work for one side but works for the other
false
the attorney general frequently appears in court to argue cases
false
the attorney-client privledge protects communication and evidense
false
the initial appearance is usually a lengthy time
false
the key requirement for an arrest is that it be based on reasonable suspicion
false
the number of federal cases far exceeds the number of cases in state courts
false
unlike other attorneys, prosecutors are not bound by professional rules of conduct
false
In weeks v. United States, the Court relied solely on which amendment as a basis for exclusion?
fourth
the rights of the people to be free from unreasonable search falls under
fourth amendment
in this case, the supreme court decided that states must honor the sixth amendment right to counsel
gideon v. wainwright
__________ is testimony about what a declarant who is not in court has said.
hear say
these courts differ most of all from traditional courts because they are used to resolve outstanding misdemeanor criminal warrants
homeless
An _____ is when a decision is made whether a case should enter the juvenile system or be terminated
juvenile disposition
Some practices, such as __________, have been implemented in response to the problems that can result from prosecutorial discretion.
no-drop prosecution
The Supreme Court created a two pronged test for determining effective assistance of counsel, the _____ prong and ____ prong
performance,prejudice
The ________ amendment requires trials to be open to the public
sixth
which amendment states, in part, that "in all criminal prosecutions, the accused shall enjoy the right
sixth
The formal practice of adhearing to a precedent is
stare decisis
Some federal courts enjoy ________ jurisdiction, the right to hear a case for which for which I.T would not ordinarily have original jurisdiction
supplemental
which of the following refers to the lessons problem-solving courts have learned and to the charges they urge other public agencies to take?
systemic change
The prosecutor is the one who charges criminal suspects in the name of:
the government
The practice that amounts to seeing the law as a helping profession is
therapeutic jurisprudence
THe federal court system is comprised of ____ tiers of courts
three
Appeals from limited jurisdiction courts usually go before the general jurisdiction courts as a new trial known as
trial de novo
From the mid-1900s onward, state courts have continued to grow in numbers and specializations
true
If a juvenile is an adjudicated delinquent , an appropriate treatment program will be created based on his or her "needs and deeds"
true
If a prosecutor continually rejects a particular type of case, it may send a message to police that enforcement of the crime is unimportant
true
Limited jurisdiction courts do not maintain court records
true
Many homeless lack the resources to meet the obligations associated with their criminal convictions and show up to court when they are required to
true
One argument in favor of merit-based selection is that judges should be chosen based on qualifications rather than connections
true
Problem solving courts rely on innovative technologies and on site staff to keep judges more informed
true
State court administration is fairly similar to that found in the federal courts
true
State courts are in a difficult spot today due to decreased funding
true
State supreme courts and their equivalents are the state courts of last resorts
true
a case is "nonpetitioned" if it is handles informally at the intake phase
true
a possible downside to non-partisan elections is that voters may elect judges based on name recognition
true
arraignment is when the defendant tells the judge what she did and why
true
attorneys take civil cases in exchange for a persentage
true
community courts frequently deal with minor offenders and employ alternative sentencing
true
compulory process means that the defendant has the right to use subpoenas to obtain witnesses
true
confrontation is concerned with the defendents right to challange witness tesimony
true
due process is violated when a defendant cant understand
true
even if a juvenile is not adjudicated delinquent, the judge may impose some condition
true
flemming has described criminal defense work as a "craft"
true
frequent hearings and regular contact with judges are common in the drug court contect
true
improperly obtained confessions are not admissable
true
in most states, chief prosecutors are elected officials
true
in some cases, judges can serve as triers of law and fact
true
in their early year, juvenile courts were focused on providing individualized decisions that were in the best interest of the children
true
mental health court are intended to bring mental health agencies together
true
methods for removal and retirement of state judges is similar to those for federal judges
true
miranda only applies during police-citizen encounters
true
one issue with the fact that most prosecutors are elected is that elections are sometimes intensely partisan
true
participation in specialized courts is voluntary
true
preventive detention s a mechanism for continued detention, in contrast to bail or release on recognition.
true
prosecuting attorneys enjoy broader discretion in making decisions that influence criminal case outcomes than any other actors in the justice system
true
prosecutors base their charging decisions on legal and extralegal factors
true
prosecutors have improved their accoutability to the public by acting in a more "open" fasion
true
state judges are selected either by election,merit,or appointment
true
the US attorney general provides advice to the president and to the heads of other executive branch agencies
true
the constitution and federal law are both silent on the subject of qualifications for supreme court justices and federal judges
true
the inevitable discovery exception allows evidence that would have been found regardless of unconstitutional police conduct
true
the majority of lower state court cases involve traffic violations
true
the majority of states have opted to process juvenile cases in their general jurisdiction courts
true
the prelim hearing is intended to ensure that theres substantial grounds upon which a prosecution may be based
true
the right to counsel can be waived
true
the solicitor general supervises the preparation of the government's supreme court's briefs, petitions
true
the state attorney general typically acts as a public advocate in areas such as child support enforcement
true
there are many varities of defense attorneys
true
tradition has basically created n expectation that, at minimum, a federal judge have a law degree and some measure of prior law practice
true
youth who are placed on probation as part of their dispositions usually recieve other dispositions
true
these laws mandate that prisoners serve 85% of their original sentence and they have abolished parole boards which have traditionally assumed responsibility for deciding when prisoners are released.
truth in sentencing
Whcih of the following performs actual trial work in the federal system
us attorney