CRM 210 CH. 9 Assessments

Jim is charged with manslaughter and is indigent, so he cannot afford to hire an attorney. He is being defended by Alison, a criminal attorney whose name was selected at random from a list of all criminal lawyers practicing in the jurisdiction of the trial court. Alison is not receiving her normal fee but is being paid at a rate set by the state government. What form of indigent defense is being used in this scenario?

An assigned counsel system

What is a criticism of public defenders and public defender programs?

Because public defenders typically have huge caseloads, they may use plea bargaining excessively.

Which of the following cases would be heard by a court with appellate jurisdiction?

Carlos is found guilty of sexual assault and asks a higher court to review his conviction.

Which statement is true regarding circuit court judges, who are members of the U.S. courts of appeals?

Circuit court judges are appointed by the president of the United States and confirmed by the U.S. Senate.

What does a change of venue involve?

Holding the trial in a different jurisdiction

Why do we have a dual-court system in the United States? Do you agree with this system or do you think we should have one national system of justice? Explain and support your opinion.

I believe that the dual-courts system allows the people of the United States to continually express their freedoms and rights. While the dual-courts system may be complicated it covers a span of areas of need. I believe it is very beneficial on a state and federal level and shows the differences and similarities of each state and our entire country.

Jack is employed in the state court system. He is responsible for ensuring that the court system operates smoothly and efficiently. What is his role?

Jake is a state court administrator.

Which of the following individuals is most likely to be qualified to be a judge in Freemont City?

Jose is 28 years old. He has a law degree from George Washington University Law School and now lives in Freemont City with his husband and their daughter. Jose is a member of the state bar and is a licensed attorney.

You have appealed a case to a trial court of general jurisdiction. Instead of reviewing the record of your earlier trial, the court offers you the chance for a new trial instead. This is an example of ______.

a trial de novo

Which of the following attorneys is most likely to be a public defender?

Mark has been charged with rape and cannot afford to hire an attorney. Farah is a full-time employee of the state and has been appointed to represent him.

Bob is accused of committing a robbery. Because he is indigent, Ann has been appointed to represent him. Rodney, who claims to have seen Bob commit the act, is subpoenaed by Tyler, the prosecutor, to describe the event at trial. Based on this scenario, which of the following statements is true?

Rodney, a lay witness, is a nonprofessional courtroom participant.

During a criminal trial, the judge employs the Daubert standard to determine whether which of the following items of evidence is admissible?

Testimony from a physician explaining the level of accuracy of DNA evidence

Which member of the courtroom work group is responsible for maintaining custody of physical evidence during a trial?

The clerk of court

Which of the following is true about the dual court system in the United States?

The power of the federal government has been increasing and states' rights have gradually weakened.

Although federal district court judges may serve for life, many choose to serve a shorter term. Why?

The salary of district court judges is low compared to what they could earn in private practice.

How do community courts differ from dispute-resolution centers?

Unlike dispute-resolution centers, community courts can hand down sentences such as fines and a period of incarceration in jail without the need for further judicial review.

Before a case comes to trial, the prosecutor may decide to accept a plea bargain, divert the suspect to a public or private social service agency, ask the suspect to seek counseling, or dismiss the case entirely for lack of evidence or for a variety of other reasons. Do you agree with prosecutors having this wide range of discretion? Why or why not?

Yes, I do agree with prosecutors having this wide range of discretion. I believe this is beneficial for them in terms of being re-elected, and also supporting thier lives. They too are people who work. Their jobs sometimes may seem harmless but they have to be smart in order to continue to serve the public. While it is their job to win, if they will not win, why would they risk their neck's and make themselves look bad, if not risk more?

The Supreme Court has rendered a decision in a controversial case and the Chief Justice has written the majority opinion. One of the associate justices agrees with the judgment of the Court but not with the reasoning of the Chief Justice. This justice may write a(n) ______ to explain her reasoning.

concurring opinion

Suzette received a traffic ticket and wants to contest the ticket rather than pay it. To do this, she has to appear in traffic court. Traffic court is an example of a ______.

court of limited jurisdiction

George has been convicted of sexual assault. However, after the case is over, his attorney discovers that the prosecutor had obtained evidence that would have proven George's innocence but had withheld it because he wanted a conviction in this high-profile case. This type of evidence is known as ______ evidence.

exculpatory

Kristian is a management consultant. He is required by a state court to listen to the facts and evidence presented during a trial and determine whether Valerie, who has been accused of murder, is guilty of the charges brought against her. Kristian is a ______.

juror

Matt was convicted of rape in a federal court. His attorney files an appeal on the grounds that Matt was tried as an adult despite being only 15 at the time of the crime. This is an example of a ______ appeal.

nonconsensual