Part 3 Exam
How have special interest groups influenced the composition of state courts?
All of these are methods in which special interest groups have influenced the composition of state courts.
What kind of training do new judges typically receive?
An orientation and training in addition to continuing education
Which of the following would be an example of specific deterrence?
Applying the death penalty to an offender to ensure he never commits another crime
__________ sentence means the offender will serve one sentence after the other.
Consecutive
A defendant pleads guilty to two counts of theft in exchange for the remaining four counts of theft in the indictment being dismissed. This is an example of which type of plea bargaining?
Count bargaining
A fixed prison term would be an example of _________ sentencing.
determinate
The imposition of punishment meant to persuade others and the offender that crime is not worthwhile is most closely aligned with the ___________ goal of punishment.
deterrence
At the initial appearance, if the judge does not believe there is enough evidence to establish probable cause, the case is __________.
dismissed
There is one __________ in each state.
district attorney
The exchange of evidence between prosecutor and defense attorney prior to trial, with the goal of promoting a fair trial, is known as _______.
exchanged evidence
__________ is evidence that could exonerate the defendant.
exculpatory evidence
After the U.S. Supreme Court ruled the use of U.S. Sentencing Guidelines violated the Sixth Amendment by allowing a lower standard of proof and hearsay that would not be admissible in trial, the U.S. federal courts abandoned the Guidelines altogether.
false
Policy decisions of the courts do not affect most Americans in their day-to-day lives.
false
Supporters of the death penalty who argue the punishment fits the crime would be most closely aligned with the goal of rehabilitation.
false
The United States is among fewer than 10 countries in the world that utilize capital punishment.
false
The first federal prisons were developed in the 1920s to deal with the increasing problem of criminals involved in organized crime.
false
__________ are nominated by the president and confirmed by the Senate.
federal judge
Tough laws on drunk driving meant to dissuade others from drinking and driving are examples of __________ deterrence.
general
Trial courts of __________ have the legal authority to decide all matters not delegated to lower courts.
general jurisdiction
In __________ judicial selection, the candidate may require confirmation by the state legislature or an executive counsel.
gubernatorial appointment
Which method of judicial selection might require confirmation by the state legislature or an executive counsel?
gubernatorial appointment
Offenders who have numerous prior convictions are referred to as __________ offenders.
habitual
Offenders who have numerous prior convictions are known as _______.
habitual offenders
__________ is when an offender is placed in an environment in which he/she is unable to commit future crimes.
incapacitation
A defendant who was found guilty of murder and complains that his defense attorney did not check out the defendant's alibi or interview witnesses could potentially claim _______.
ineffective counsel
The __________ is the formal document prepared by the prosecutor that lists all the charges against the defendant.
information
The formal document prepared by the prosecutor that enumerates all charges against the defendant is known as the _______.
information
The prosecutor is responsible for each of the following EXCEPT _______.
issuing a warrant
A court's legal authority to hear and decide a particular type of case is called _______.
jurisdiction
In __________ elections, the candidate is nominated and appointed/elected by the state legislature.
legislative
In which model of judicial selection is the candidate nominated and appointed/elected by the state legislature?
legislative appointment/election
District judges serve for ________.
life
At which level of court would a trial for a nonfelony case be held?
lower courts
An instrument developed by the federal government that uses a grid system that allows the court to arrive at a more consistent sentence is the _______.
sentencing guidelines
Many new federal judges acknowledged having psychological problems in each of these areas EXCEPT _______.
sleep deprivation
Applying life in prison to an offender is an example of __________ deterrence.
specific
Each of the following is part of the judge's instructions to the jury EXCEPT _______.
strength of evidence
To say that a defendant had "ineffective counsel" means _____.
the defense attorney provided inadequate assistance that negatively impacted the outcome of the case
A relatively new member of the courtroom workgroup is the ________, often having degrees in criminal justice, social work, or psychology.
victim advocate
The __________ is a statement made to the court by the victim describing how the crime affected him/her.
victim impact statement
The statement made to the court by the victim describing how the crime affected the victim, which helps the court focus on the human cost of the crime, is known as the _______.
victim impact statement
__________ bargaining is the offer to plead guilty to a lesser offense than that charged.
charge
During the __________ period, most Americans lived under laws that were transferred from England.
colonial model
In the ______________ method of judicial selection, the applicant is evaluated by a nominating commission, which sends a list of best qualified candidates to the governor for selection.
commission-based appointment
__________ sentences are sentences in which the separate counts are served at the same time.
concurrent
Sentences in which the separate counts are served together are called _____.
concurrent sentences
__________ bargaining is the offer to plead guilty to one or more counts in exchange for the rest of the counts to be dismissed.
count
The United States currently uses the __________ model of corrections.
crime control
The United States currently utilizes which model of corrections?
crime control model
DNA testing has led to approximately how many exonerations of death row inmates?
20
If an individual is convicted of two counts of burglary and received two different sentences of 3 years in prison, to be served consecutively, how many years does he/she have to serve?
6
There are __________ Supreme Court justices.
9
The Supreme Court meets over a __________ term.
9-month
There are __________ district courts.
94
Approximately what percentage of cases heard in the United States are handled by state court judges?
97%
Jim was convicted of two counts of armed robbery and sentenced to a separate 10-year term for each, which would be considered a concurrent sentence.
False
New judges know the job before taking on the position; there is no need to train new judges.
False
Prosecutors are not immune from prosecutions for actions taken in their official capacity.
False
Prosecutors have little impact on sentencing decisions, since this decision is entirely up to the judge.
False
Proving a defendant had "ineffective counsel" is a relatively easy and straightforward process.
False
Recent policy-making decisions by the judicial branch have been almost entirely based on the Constitution.
False
Surprisingly, special interest groups have had little impact on the composition of state courts.
False
The U.S. Supreme Court has been very explicit in establishing the time frames for a speedy trial as well as the enforcement mechanisms for ensuring this right is not violated.
False
The U.S. Supreme Court is in session from September of each year until the end of May the following year.
False
The United States is currently adhering to the community model, which emphasizes the use of probation and parole and other forms of community supervision as a means of relief for overburdened prison populations.
False
The contract system of appointing counsel works by awarding contracts to the lowest-bidding law firm to represent indigent defendants.
False
The goal of retribution includes sending an offender to substance abuse treatment and educational programs.
False
The judge is considered the single most powerful person in the criminal justice system.
False
The most common method of execution in the United States is lethal gas.
False
The prosecutor's primary responsibility is to convict offenders.
False
The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts and magistrate courts is called _______.
Federal court system
Jane was sentenced to a 5- to 10-year prison term for armed robbery, which is indicative of what kind of sentence?
Indeterminate
These courts stand between trial courts and courts of last resort.
Intermediate court of appeal
What was the critical essence of the U.S. Supreme Court ruling in Furman v. Georgia (1972)?
It found the death penalty was cruel and unusual punishment.
What has the United States Supreme Court held with regard to the use of lethal injection?
It would only violate the Constitution if it was deliberately intended to inflict pain.
Judge Jones often keeps his court waiting more than 30 minutes for him to enter the courtroom, typically calls attorneys by their first names, and issues random disrespectful comments during court proceedings. What is the best way to characterize Judge Jones' behavior?
Judicial arrogance
Which method of execution is currently the most commonly used in the United States?
Lethal injection
How is the majority of a judge's time spent?
Managing administrative tasks
At the __________ in Reno, Nevada, about 65 on-site and online courses are offered each year related to the training and education of judges.
National Judicial College
At which hearing does the judicial officer determine whether probable cause is sufficient against the accused to proceed to trial?
Preliminary hearing
__________ are paid government employees whose function is to provide representation for indigent clients.
Public defenders
Attempting to reform an offender through treatment or educational programs with the goal of turning the offender from crime is best described by which goal of punishment?
Rehabilitation
What methods to judges have to ensure courtroom civility among attorneys?
Reporting attorneys to disciplinary boards
Public support for the death penalty for offenders who murder young children would be most closely aligned with which goal of punishment?
Retribution
Which goal of punishment traces its roots to the Old Testament adage of "an eye for an eye; a tooth for a tooth"?
Retribution
The highest court in the nation is the _____.
Supreme Court
Which of the following would NOT be included in a judge's instructions to the jury?
Suspicions regarding why a defendant did not testify in his defense
In Tehan v. United States ex rel. Shott (1966), what did the U.S. Supreme Court say about the purpose of a trial?
That it was meant to determine the truth
Families of homicide victims are afforded the right to make a statement to the court at sentencing to explain how the crime impacted the family.
True
Habitual offenders are those convicted of numerous offenses, either felonies or misdemeanors.
True
Incapacitation is the goal of punishment that places offenders in an environment in which they are unlikely to commit another crime.
True
Judicial election is under increased scrutiny due to concerns a judge's impartiality may be compromised if he or she has to face re-election by the public.
True
Judicial training schools and seminars have been developed to help ease the transition of new judges into the position.
True
More than 200 death row inmates have been exonerated of their crimes using DNA technology.
True
No two states use the exact same method of selecting judges.
True
Only those attorneys who have secured admission to the Supreme Court bar may argue a case before the U.S. Supreme Court.
True
Placing an offender on probation in the community with specific rules to follow would be a form of incapacitation.
True
Prosecutors are required to disclose exculpatory evidence to the defense.
True
Prosecutors will take the victim's attitude and wishes into consideration when making the determination to file charges in a case.
True
Public defenders are paid government employees whose sole function is to provide defense for indigent clients.
True
Some judges are selected in nonpartisan elections, where their names appear on a ballot without any political party affiliation noted.
True
The Sentencing Reform Act was passed to ensure that offenders who commit similar crimes and have similar background characteristics are sentenced in a more uniform manner.
True
The authority to grant discretionary early release to a prisoner varies from one state to another.
True
The court's responsibility is to provide fair hearings with all due process rights accorded to the accused.
True
The judges who sit on the circuit court of appeals are nominated by the president.
True
The lowest level of state courts is trial courts of limited jurisdiction.
True
The medical model of corrections reflected a belief that offenders were mentally ill and needed rehabilitation and treatment.
True
The most serious criminal violations are heard in trial courts of general jurisdiction.
True
There is at least one district court in each state.
True
Trial courts of general jurisdiction have the legal authority to decide all matters not specifically delegated to lower courts.
True
Trial courts of limited jurisdiction have the authority to handle arraignments and preliminary hearings for felony cases.
True
The primary duty of the __________ is to ensure the defendant's rights are preserved.
defense attorney
__________ is the goal of punishment that traces its roots back to the Old Testament and refers to "an eye for an eye."
retribution
Which of the following would be a preferable course of action for a new judge?
Accept help and mentoring from more experienced court staff and other judges.
Defense attorneys who are private counsel appointed by the court on an as-needed basis would belong in which category?
Assigned counsel
Why are the courts so frequently asked to deal with controversial public policy issues?
Because the courts must interpret the vague language of Constitutional limitations on government
Which of the following are benefits of being a judge?
Being a judge is considered the pinnacle of a legal career.
The court between the U.S. District Court and the U.S. Supreme Court is the _______.
Circuit Court of Appeals
The bulk of state prison inmate petitions filed in the U.S. district courts are primarily composed of a fairly even split of which types of issues?
Civil rights violations and habeas petitions
Joe received a prison term of 5 years for burglary, which is indicative of what kind of sentence?
Determinate
An offender's desire to avoid unpleasant consequences is most closely aligned with which goal of punishment?
Deterrence
The exchange of evidence between the prosecutor and defense attorney prior to trial is referred to as __________.
Discovery
__________ refers to the notion that one cannot be tried twice for the same offense.
Double jeopardy
The United States has a __________ court system, both a state and federal court system.
Dual
At what point in the trial does the prosecutor outline the facts he or she is attempting to prove at trial?
During the opening statements
The _________ Amendment protects against cruel and unusual punishment.
Eighth
The __________ Amendment prohibits the execution of persons who are mentally incompetent at the time of their execution.
Eighth
What is one of the concerns about judges facing election?
Elections might compromise judicial impartiality.
Which of the following statements is true of the commission-based appointment system of selecting judges?
In retention elections, the voters are asked whether the judge should remain on the bench..
What is exculpatory evidence?
Evidence that could exonerate the defendant
A defendant may make bail only through payment of the full amount in cash.
False
A preliminary hearing is like a mini trial in which the prosecutor and defense attorneys present evidence before a judge.
False
All states have both an intermediate court of appeals and a court of last resort.
False
Among the benefits of being a judge are the higher pay than is made by a private attorney, a security detail, and a high level of prestige and respect.
False
Defendants have the right to counsel during the initial appearance.
False
District judges serve for a 4-year term.
False
If the appellate court overturns a conviction, the new trial is held in the state intermediate court of appeals.
False
In the commission-based method of selecting judges, a selection commission evaluates potential nominees, makes selections, and the candidates are confirmed by the state legislature.
False
In the gubernatorial appointment method of selecting judges, judicial applicants are evaluated by a nominating commission, which sends a list of best qualified candidates to the governor, who then appoints one of the nominees.
False
What rights to counsel does an indigent defendant have in the appellate process?
Free legal counsel for the first appeal
Passing a strict law against drunk driving offenses with the purpose of dissuading people from driving after drinking would best meet which goal of punishment?
General deterrence
Which of the following is an advantage of the contract system of appointed counsel?
Greater expertise of attorneys
In __________, the U.S. Supreme Court observed that "there can be no equal justice where the kind of trial a man gets depends on the amount of money he has."
Griffin v. Illinois
Placing an offender in an environment in which he or she is unable to commit future crimes is known as _______.
Incapacitation
This model included the idea that criminals are mentally ill and emphasized treatment.
Medical model
The commission-based appointment is also referred to as _______.
Missouri Plan
A prosecutor receives a case with insufficient evidence and some concerns about how evidence was collected. Which of the following options are open to the prosecutor?
Not filing charges in the case
Which case upheld the use of victim impact statements?
Payne v. Tennessee
in which model of corrections were offenders separated from each other in order to reflect upon their criminal behavior and expected to work 10 hours a day, 6 days a week?
Penitentiary model
In which case did the U.S. Supreme Court prohibit application of the death penalty on those under age 18 at the time the crime occurred?
Roper v. Simmons (2005)
Which of the following would be most closely aligned with the goal of rehabilitation?
Sending an offender to classes to earn her General Equivalency Diploma
Which of the following would be an example of incapacitation?
Sentencing an offender to prison
What is the most important factor in determining an offender's sentence?
Seriousness of the offense
The __________ Amendment guarantees the accused person's right to counsel.
Sixth
Which of the following statements is TRUE regarding the death penalty?
Some states have halted use of the death penalty given the number of death row inmates found to be innocent.
What is the penalty for violating a defendant's right to a speedy trial?
The case is dismissed
What happens at the initial appearance if the judge does not believe there is enough evidence to establish probable cause?
The case is dismissed.
What does it mean that a prisoner's petition to the court has standing?
The inmate has a valid complaint.
In a writ of habeas corpus, what is the inmate contesting?
The legality of his/her confinement
Which of the following factors would a prosecutor take into consideration with regard to filing charges or not?
The number of counts in the complaint
Which of the following is a true statement regarding the death penalty?
The number of executions in the United States has been declining since 2000.
Who does the prosecutor represent in a criminal case?
The people of the state (victims in particular)
Which courtroom player is responsible for the charging decision, the bail decision, and offering plea agreements?
The prosecutor
Which member of the courtroom workgroup is considered the "gatekeeper" of the criminal justice system?
The prosecutor
Who is considered the single most powerful person in the American criminal justice system?
The prosecutor
Why do new judges often feel isolated from others?
Their former lawyer friends tend to avoid them.
Jurors may only impose the death penalty in murder cases in which what has first been determined?
There is at least one aggravating circumstance
Defendants have the right to counsel during critical stages of the criminal justice process, including interrogation, jury selection, trial, and sentencing.
True
Defense attorneys might attempt to negotiate a plea bargain for their clients, including a deal for reduced charges or punishment in exchange for a guilty plea.
True
Defense attorneys should explain the court process to defendants, including the charges against them and possible punishments, as well as their rights for the court process.
True
Double jeopardy does not apply to grand jury proceedings.
True
How are federal judges selected?
They are nominated by the president and confirmed by the Senate.
What right to counsel do indigent defendants have with regard to filing an appeal?
They have the right to appointed counsel for the first appeal.
What length term do federal judges serve?
They serve for life.
Which of the following is considered a benefit of incarceration?
Three meals a day and a warm bed
What is the possible strategy of a defense attorney who repeatedly asks the court for a continuance in the case?
To delay the case until publicity diminishes
What is the primary responsibility of the defense attorney?
To ensure the defendant's rights are preserved
What is the prosecutor's primary responsibility in the criminal justice system?
To see that justice is served
Which of the following reflects the progressive model of corrections?
Treatment was focused on individuals and their specific problems.
At which level of court would a murder trial be held?
Trial court of general jurisdiction
The more serious criminal violations are heard in which type of trial courts?
Trial courts of general jurisdiction
A relatively new member of the courtroom workgroup is the victim advocate.
True
All state supreme courts have a limited amount of original jurisdiction.
True
Because most of a judge's time is spent on administrative duties, new judges should have strong administrative skills.
True
The __________ is/are described as the workhorse of the federal judiciary.The workload of the lower courts is divided into each of the following EXCEPT _______.
U.S. district courts
How long does the jury deliberate?
Until they reach a verdict
Which of the following is true of the partisan election model for selecting judges?
Voters cast ballots for judicial candidates as they would for other public officials.
The __________ Jail introduced the use of solitary confinement as a means to reform inmates.
Walnut Street
Under what circumstances is a criminal defendant NOT entitled to a jury trial?
When charged with misdemeanors with a penalty of less than 6 months in jail
__________ are defense attorneys who are private counsel appointed by the court on as-needed basis.
assigned counsel
A legal system in which there is a contest between two opposing sides is referred to as an __________ system.
adversarial
A legal system in which there is a contest between two opposing sides is call a(n) _______.
adversarial system
The workload of the lower courts is divided into each of the following EXCEPT _______.
appeals
Each of the following are example of specialty courts EXCEPT _______.
appellate
Aggravating circumstances may include each of the following EXCEPT _______.
no prior record
During the __________, the prosecutor outlines the facts he or she is attempting to prove at trial.
opening statement
Each of the following is a potential sentence a judge may impose on a guilty person EXCEPT _______.
parole
In __________ elections, voters case ballots for judicial candidates as they would for other public officials.
partisan
Prosecutors and defense attorneys are given a set number of ____________________ when they dismiss a potential juror without specifying a reason.
peremptory challenges
At the __________, the judicial officer determines whether enough probable cause exists to proceed to trial.
preliminary hearing
Federal District judges are nominated by the __________.
president
The three systems for providing legal representation to indigent persons include each of the following EXCEPT _______.
private defense system
The __________ can influence the sentencing decision by agreeing to engage in plea negotiations and by arguing certain points to the judge to enhance the sentencing penalty.
prosecutor
The __________ is considered the single most powerful person in the criminal justice system.
prosecutor
Defendants cannot sue __________ for civil damages for how they handles a case.
prosecutors
The four goals of punishment include each of the following EXCEPT _______.
recidivism
Attempting to reform an offender through treatment and/or programs is most closely aligned with the punishment goal of __________.
rehabilitation
In __________ elections, the voters are asked whether the judge should remain on the bench.
retention
The accused person's right to counsel is guaranteed by which amendment?
the sixth amendment
Each of the following defines good judging EXCEPT _______.
they are judges 24 hours a day
What is the shared characteristic of states without an intermediate court of appeals?
they have smaller populations and few appeals
All of the steps in the adjudicatory process are called _____.
trial process
In states using a determinate sentencing structure, convicted offenders are sentenced for a fixed term.
true
Indigent defendants have the right to appointed counsel for their first appeal only.
true
Instead of a preliminary hearing, some states use a grand jury system for determining probable cause against the defendant to proceed to trial.
true
Lack of family obligations, daily meals, and the company of close gang acquaintances can all be considered relative benefits of incarceration.
true
Opponents to the death penalty argue it has claimed the lives of innocent people and that it has no deterrent value.
true