Courts Systems and Practices
Liberals and proponents of the Due Process Model argue that plea bargaining- -undercuts the Constitutional protections afforded defendants. -leads to the conviction of innocent defendants. -produces few tangible benefits for defendants. -All of these answers are correct.
All of these answers are correct.
Which of the following is not true of the highest state courts? -All of these answers are true. -All the judges on the court participate in rendering a decision about a particular case. -All state supreme courts have a limited amount of original jurisdiction. -Some states have more than one court of last resort.
All of these answers are true.
Which of the following is true of appellate courts? -The function of an appellate court is to carefully review the facts that were presented at a defendant's criminal trial. -Appellate court decisions are always made by a group of judges; decisions are never made by a single judge. -Appellate courts, like trial courts, may hear testimony from witnesses, conduct trials, or use juries. -Appellate court decisions must be unanimous.
Appellate court decisions are always made by a group of judges; decisions are never made by a single judge.
Which of the following is a characteristic of the crime control model of criminal justice? -The process resembles an obstacle course for the prosecution and police -Stresses formal and court fact-finding -Concern for speed and protecting society -Focus on the rights of defendants
Concern for speed and protecting society
Which of the following is a characteristic of the due process model of criminal justice? Concern for the rights of defendants Efficiency is the main goal Eliminating loopholes for defendants Stress on informal fact-finding
Concern for the rights of defendants
To gain a potential advantage in plea bargaining, prosecutors sometimes- deliberately overcharge. waive grand jury review. demand a preliminary hearing. refuse to take Alford pleas.
deliberately overcharge.
The adversary system incorporates a series of checks and balances aimed at curbing political misuse of the criminal courts through: incorporation of rights diffusion of powers prosecutorial discretion judicial activism
diffusion of powers
Which of the following is not one of the three common types of plea bargaining? charge count sentence dismissal
dismissal
What court system provides a safety valve for checking the most flagrant abuses of local justice? dual appellate unified problem-solving
dual
This doctrine allows parallel state and federal prosecutions for the same offense. double jeopardy concurrent jurisdiction parallel prosecution dual sovereign
dual sovereign
The guilty act, guilty intent, relationship between guilty act and guilty intent, attendant circumstances, and results combined make up what is known as... elements of juvenile delinquency elements of administrative law elements of civil law elements of a crime
elements of a crime
Federal judges are elected in district-wide elections. t/f
f
This principle distributes government power between national and state governments, creating decentralization that compounds the fragmentation of the criminal justice system.- federalism deconstructionism utilitarianism nationalism
federalism
What is one of the most frustrating aspects of being a judge? -heavy caseloads -administrative problems -heavy caseloads and corresponding administrative problems -working with the courtroom work group
heavy caseloads and corresponding administrative problems
A defendant's guilty plea must be- intelligent and voluntary. exculpatory and sensate. inculpatory and cognitive. volitional and exculpatory.
intelligent and voluntary.
Arrest warrants may be issued by chiefs of police. prosecutors judges. defense attorneys.
judges.
Which of the following is not a major subcomponent of discretion? legal judgments policy priorities judicial restraints personal philosophies
judicial restraints
What judges typically authorize search warrants? lower court judges major trial court judges appellate court judges supreme court judges
lower court judges
If the defendant wants to enter an Alford plea, the judge- -cannot lawfully accept it. -may accept the plea only if the defense attorney agrees. -may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea. -may accept it only if the defendant is not able to understand the meaning of factual guilt.
may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea.
Which of the following is not part of the Miranda warnings? right to a speedy and public trial right to remain silent right to an attorney right to a court appointed attorney if necessary
right to a speedy and public trial
Criminal trials start with two presumptions: the presumption of innocence and the presumption of- sanity Fairness reasonable doubt justice
sanity
When a criminal defendant acts pro se, courts have the discretion to appoint? -a guardian ad litum -a victim mediator -shadow counsel -mediating counsel
shadow counsel
Prosecutors consider both legal and extra-legal focal concerns when making a charging decision. Which of the following is an extra-legal focal concern? -degree of harm caused by the offense -degree of cooperation by the defendant -socio-economic status of the victim -likelihood of prosecution in another jurisdiction
socio-economic status of the victim
Quiz 3-Ch 3 The United States has a dual court system consisting of: district and superior courts. trial and appellate courts. criminal and civil courts. state and federal courts.
state and federal courts.
Laws created by federal and state legislatures are known as: ordinances statutes administrative regulations legislation
statutes
The decisions of trial courts may be reviewed by appellate courts. t/f
t
Most "federal question" cases present issues concerning: -the interpretation or application of the U.S. Constitution. -cases in which two or more states are parties. -the application and interpretation of a statute enacted by Congress. -securities and banking regulations relating to the housing market crash.
the application and interpretation of a statute enacted by Congress.
A count bargain means- -the defendant's top charge was reduced to something less severe. -the defendant agrees to plead guilty to fewer charges. -the defendant agrees to plead guilty in exchange for a lesser sentence. -the defendant gets one sentence for multiple charges, instead of consecutive sentences.
the defendant agrees to plead guilty to fewer charges.
What rule prohibits the prosecutor from using illegally obtained evidence during a trial? the exclusionary rule. the discovery rule. the alibi rule. the suppression rule.
the exclusionary rule.
The concept of assembly-line justice stresses- -the high volume of cases in courthouses. -the emphasis on moving the docket. -the low volume of cases in courthouses. -the high volume of cases in courthouses and the emphasis on moving the docket.
the high volume of cases in courthouses and the emphasis on moving the docket.
The questioning of potential jurors is called- voir dire. sequester. venire. inquiry.
voir dire.
Which of the following provides the best example of hearsay evidence? -"As best as I can recall..." -"Mary told me she saw..." -"I told my wife..." -"I don't remember hearing anyone say..."
"Mary told me she saw..."
In crimes of violence such as assaults, robberies, and rapes, Hispanic women report the crime to the authorities what percent of the time? 10 25 35 50
35
What Amendment gives a criminal defendant the privilege not to testify at trial? 4th 5th 6th 7th
5th
The minimum size criminal jury approved by the U.S. Supreme Court is- 6 persons. 8 persons. 10 persons. 12 persons.
6 persons.
What Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury?" 4th 6th 5th 7th
6th
Which Amendment states: "In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation"? 4th Amendment 5th Amendment 6th Amendment 8th Amendment
6th Amendment
The United States Supreme Court often hears fewer than _____ cases each term (year). 100 85 250 1,000
85
Quiz 6-Ch 6 The office of the prosecutor is in which branch of government? Executive Legislative judicial administrative
Executive
Which Amendment to the U.S. Constitution prohibits unreasonable searches and seizures? First Amendment Fourth Amendment Fifth Amendment Eighth Amendment
Fourth Amendment
Which of the following is not an element of a crime? Mens rea Actus reus Attendant circumstances Guilty conscience
Guilty conscience
Proponents of the due process model of criminal justice believe all of the following, except: -The courts' priority should be to protect the rights of the individual. -The belief in the need to reform people through rehabilitation. -That the court system is fundamentally unfair to poor and minority defendants. -Informal fact-finding is sufficient to prevent false convictions.
Informal fact-finding is sufficient to prevent false convictions.
Quiz 10-Ch 10 Which of the following is a major weakness of the Uniform Crime Reports? -The data are only available for some states. -It is based only on crimes reported to the police. -It provides information only for serious, violent offenses. -It only reports federal crimes.
It is based only on crimes reported to the police.
Which of the following three reasons for case attrition directly involves the courtroom work group? legal judgments policy priorities personal standards of justice None of these involve the courtroom work group
None of these involve the courtroom work group
Of the following, who is the only official who works closely with police officers? Prosecutor defense attorney Judge victim advocate
Prosecutor
The three major ways of providing indigents with court appointed attorneys are: (1) assigned counsel, (2) contract systems, and (3) public defender. Which of the following is true about these differing ways of providing indigents with court appointed attorneys? -Studies find no major differences between these three systems in results achieved. -Studies find assigned counsel is better in results achieved. -Studies find contract systems are better in results achieved. -Studies find public defenders are better in results achieved.
Studies find no major differences between these three systems in results achieved.
Which of the following is true of grand juries? They are used by all states They deliberate in open hearings They issue an indictment in most cases They are utilized only in misdemeanor cases
They issue an indictment in most cases
Which of the following is the federal court of last resort in the United States? U.S. District Court U.S. Court of Criminal Appeals U.S. Supreme Court U.S. Magistrate Court
U.S. Supreme Court
In a high-profile case what might be necessary to find a pool of potential jurors who could render a fair and impartial verdict, free from the taint of pretrial publicity? a change in custody a rebuttal jury consultants a change in venue
a change in venue
The operation of two separate and distinct court systems in the United States is referred to as: a dual court system checks and balances separate but equal judicial federalism
a dual court system
Around ninety percent of felony convictions result from: a plea bargain a trial by jury a bench trial a preliminary hearing
a plea bargain
The return of a grand jury indictment is also referred to as- a true bill. an information. a complaint. an injunction.
a true bill.
In what way(s) are defendants likely to volunteer information that might hurt them in court? all forms of social media Twitter Facebook e-mail
all forms of social media
Which of the following is among the ethical issues faced by prosecutors? -how much evidence to disclose to the defense -how much information to release to the public -whether to prosecute a given defendant -all of the answers are among the ethical issues faced by prosecutors
all of the answers are among the ethical issues faced by prosecutors
Members of the courtroom work group become frustrated when victims and witnesses- -do not cooperate -are intimidated by the defendant's friends -are intimidated by the defendant -all of these answers are correct
all of these answers are correct
Which of the following is a serious problem public attorney's face in dealing with their clients? -refusal to cooperate -dishonesty -deception -all of these are serious problems public attorneys face in dealing with their clients
all of these are serious problems public attorneys face in dealing with their clients
What is the typical remedy for prosecutorial error? appellate court reversal trial court reversal civil lawsuits criminal lawsuits
appellate court reversal
During what part of the criminal court process does a defendant enter a plea? arrest plea agreement bail arraignment
arraignment
Prior relationships are most notable in what kind of crime? homicide domestic violence assault theft
assault
The term pro bono means that -indigent defendants are entitled to court-appointed counsel. -attorneys work free of charge. -defendants may represent themselves. -an attorney will be selected from a list of practicing attorneys in a jurisdiction.
attorneys work free of charge.
Quiz 2-Ch 2 The key characteristics of common law include all of the following, except: -predominately judge-made -based on justice -found in multiple sources -applies rules of law found in previous cases
based on justice
A trial by a judge without a jury is called a: summary trial bar trial bench trial trial de novo
bench trial
Included among those who are not covered by statutory exemption from serving on a jury panel are- police officers. emergency medical personnel. firefighters. caregivers.
caregivers.
In what type of plea bargain does the defendant plead guilty to a less serious offense than the one charged? sentence bargaining charge bargaining defense bargaining prosecution bargaining
charge bargaining
Victims of crime are increasingly resorting to: notifying law enforcement criminal prosecution vigilantism civil litigation
civil litigation
What must be supported by oath or affirmation of either the victim or the arresting officer? It is most commonly used in prosecuting misdemeanor offenses or city order violations. complaint subpoena information arrest warrant
complaint
What is one of the most important tasks of defense attorneys? relating to their client knowing the whole story making sure they get paid counseling
counseling
Which of the following is not a member of the courtroom work group? prosecutor defendant judge defense attorney
defendant
At which of the following stages in the criminal justice process is an indigent defendant not guaranteed counsel paid for by the government? plea bargaining trial first appearance discretionary appeal
discretionary appeal
At which of the following stages in the criminal justice process is an indigent defendant provided counsel paid by the government? at the time of arrest during a preliminary hearing during a grand jury hearing when filing a discretionary appeal
during a preliminary hearing
Infancy and insanity are known as: substantive defenses excuse defenses justification defenses mental incapacity defenses
excuse defenses
The United States Constitution specifies that all Article III federal judges are to be chosen by which form of selection? executive appointment partisan elections bipartisan elections merit selection
executive appointment
What do senators influence through senatorial courtesy? state judicial selections Supreme Court Justice selections State judicial conduct commission federal judicial selections
federal judicial selections
What type of cases do major trial courts decide? misdemeanors violations traffic tickets felonies
felonies
Challenges to jurors that require a justification are called challenges- per se. for cause. by reason. at law.
for cause.
Quiz 4-Ch 4 How many layers exist in a typical court system? Two Three four five
four
Mens rea refers to the: guilty act body of the crime scene of the crime guilty mind
guilty mind
What is a commonly mentioned problem that prosecutors experience with police? ethical violations withholding key information making inflammatory statements to the public inadequate reports
inadequate reports
Litigants in state courts are most often- -large and small businesses. -individuals and small businesses. -large businesses and governmental bodies. -individuals and governmental bodies.
individuals and small businesses.
After arrest, arrestees are brought before a judge and advised of their rights, the charges against them, and given a chance to make bail at the: pretrial hearing initial appearance arraignment preliminary hearing
initial appearance
In some jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced at which stage? arraignment initial appearance preliminary hearing trial
initial appearance
When in the criminal process does the right to counsel begin? -initial appearance -arrest -charging -grand jury
initial appearance
The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that: -innocent persons are not harassed or wrongly convicted -the guilty are punished -society administers justice to the accused -convictions are not overturned on appeal
innocent persons are not harassed or wrongly convicted
In Barker v. Wingo, the Court held that the right to a speedy trial -was violated by a five year delay. -is a relative, not an absolute, right. -was an absolute constitutional mandate. -is a right of the prosecution but not the defense.
is a relative, not an absolute, right.
What is it called when the jury ignores the law and acquits an obviously guilty defendant? jury nullification jury reversal jury invalidation jury obfuscation
jury nullification
What is the lack of cooperation by victims and witnesses in low-income, high crime neighborhoods often called? legal cynicism witness cynicism victim cynicism victim/witness cynicism
legal cynicism
Although a prosecutor may believe that a given defendant violated the law, s/he may decide against moving forward with prosecution based on a belief that no jury would come back with a guilty verdict. This represents a discretionary decision based on- legal judgment. policy priority. personal philosophy. judicial restraint.
legal judgment.
According to Sally Kenney (2012), what does having women on the bench add to the institution? legitimacy ethnic diversity intelligence all of these
legitimacy
Federal judges are appointed for how long? four-year terms six-year terms ten-year terms life
life
Various researchers have found that the passage of speedy trial laws in many states has led to- -a much more rapid handling of cases. -a decrease in the speed of case flow. -little change in disposition time. -the hiring of considerably more judges and attorneys.
little change in disposition time.
Which of the following is the primary reason for high turnover among assistant district attorneys? little formal on-the-job training low salaries high stress little opportunity for promotion
low salaries
Most lawyers practice civil law because it is more- lucrative. expensive. time-consuming. problematic.
lucrative.
It is estimated that career criminals commit what percent of crimes? over 40% over 50% over 60% over 70%
over 70%
Which of the following is one of the three major reasons for case attrition? jail overcrowding overabundance of evidence personal standards of justice poorly written laws
personal standards of justice
The three main components of the American Criminal Justice system are: federal, state and local judges, prosecutors, and defense attorneys police, courts, and corrections probation, prison, and parole
police, courts, and corrections
The burden of proof required for a victory in a civil case is: preponderance of evidence beyond a reasonable doubt probable cause reasonable suspicion
preponderance of evidence
The right to self-representation is also referred to by the Latin term- pro se mala in se pro bono mens rea
pro se
What type of proof is necessary to arrest, conduct a search or seize evidence? probable cause reasonable suspicion beyond a reasonable doubt clear and convincing evidence
probable cause
The burden of proof required at a preliminary hearing is- preponderance of the evidence. proof beyond a reasonable doubt. reasonable suspicion. probable cause.
probable cause.
The key goal of the crime control model is: repression of criminal conduct the rights of defendants the rights of victims the integrity of the courts
repression of criminal conduct
What type of panels are typically used by intermediate courts of appeals? rotating three-judge rotating five-judge nine-judge single-judge
rotating three-judge
Criminal trials start with two presumptions: the presumption of innocence and the presumption of: sanity equality zealous representation judicial activism
sanity
Quiz 5-Ch 5 The _____ is responsible for transporting detained defendants from the jail to the courthouse. bailiff bail bondsman sheriff's deputy clerk of court
sheriff's deputy
Which of the following is not a problem confronting lower courts? inadequate financing unbalanced caseloads inadequate facilities strict court procedures
strict court procedures
An example of a legal attendant circumstance would be: the credibility of eyewitnesses the defendant's character the defendant's getaway vehicle the amount of money or goods stolen
the amount of money or goods stolen
The method by which defense attorneys seek to reach the best possible solution for their clients is directly related to their relationships with other members of- the prosecutor's office. the police department. their law office. the courtroom work group.
the courtroom work group.
Most people in the United States learn about the ways in which criminal cases are processed through the courts from what source? college the media internet blogs government informational bulletins
the media
Most members of the courtroom work group are essentially part of what class? the urban underclass the lower class the middle class the upper class
the middle class
As prosecutorial dominance increased, what else also happened? -the power of the victim declined -the power of the victim increased -the power of the victim remained the same -the authority of the judge was undermined
the power of the victim declined
Who sets the tone for plea bargaining in the courtroom? the judge the prosecutor the defense attorney the clerk
the prosecutor
Courts can be classified according to their function (rather than jurisdiction) into: local, state, and federal courts substantive and procedural national and multinational courts trial and appeals courts
trial and appeals courts
If the grand jury finds probable cause to hold the defendant for trial it returns a... warrant no true bill true bill Alford bill
true bill
Quiz 13-Ch 13 Pretrial publicity can taint a jury pool. What process is supposed to screen out potential jurors who have been tainted? venire objections voir dire venue
voir dire
All members of the courtroom work group have a common interest in- collecting fees. avoiding unnecessary trials. appearing tough on crime. reducing jail overcrowding.
avoiding unnecessary trials.
Why will some judges not accept Alford pleas? -because the defendant does not have to acknowledge guilt on the record and this is in direct contravention of what guilt is all about. -because they slow down the judicial process. -due to concerns about their constitutionality. -because they may be liable for civil penalties once the plea is entered.
because the defendant does not have to acknowledge guilt on the record and this is in direct contravention of what guilt is all about.
A trial before a judge without a jury is called a(n)- informal trial justice trial magistrate trial bench trial
bench trial
What is the term indicating that a prosecutor in a criminal cases must produce some evidence to justify moving a case forward? burden of proof burden of evidence burden of production burden of instructions
burden of production
Quiz 9-Ch 9 Victims and witnesses face frustrations in coping with the court process- -but overall exhibit surprising support for the system -and almost never show up for court -and overall resent the system as a result -none of these answers is correct
but overall exhibit surprising support for the system
The main difference between a guilty plea and a no contest (nolo contendere) plea is that the latter- -cannot be used in a civil proceeding against the defendant. -results only in a conditional conviction. -cannot be entered in felony cases. -cannot be entered by defendants charged with violent offenses.
cannot be used in a civil proceeding against the defendant.
What is the principal objective of a unified court system? centralized management local control reduced caseloads independent judges
centralized management
A defendant is charged with aggravated assault. The prosecutor will accept a plea to simple assault. This is an example of what kind of bargain? count charge reduction indictment
charge
If a person is indicted, s/he is- convicted of a crime. found guilty of contempt of court. exonerated. charged with a crime.
charged with a crime.
Which of the following is the exclusive domain of the prosecutor? charging arraignment arrest bail
charging
The prosecution always bears the burden of persuading the trier-of-fact that the defendant: -is guilty based on clear and convincing evidence. -committed the majority of the elements of the crime(s) charged -committed each and every element of the crime(s) charged -is guilty and deserves to be punished to the fullest extent of the law
committed each and every element of the crime(s) charged
Although most cases are disposed by a guilty plea, approximately what percent of defendants are tried in a court? 10% 30% 20% 40%
10%
Drug prosecutions account for approximately what percentage of all federal criminal cases? 10 20 40 65
20
A defendant charged with a serious offense has the right to a jury trial only if the offense is punishable by a term of incarceration of more than- 30 days. 90 days. 6 months. one year.
6 months.
Which Amendment provides the right to counsel? 4th Amendment 5th Amendment 6th Amendment 7th Amendment
6th Amendment
Quiz 12 The overwhelming majority (__________ percent by some estimates) of criminal convictions in the United States result from guilty pleas rather than trials. 75 90 96 84
90
The overall conviction rate at trial for felonies is upward of: 60 percent 70 percent 80 percent 90 percent
90 percent
There are ________ U.S. District Courts, with each state having at least one. 59 78 94 111
94
A defendant who pleads guilty is generally required to read and sign what form? A Boykin form A Crockett form A Reeves form A Santobello form
A Boykin form
A habeas corpus petition may include which of the following? -A challenge of a criminal conviction based on the argument the trial was constitutionally defective. -A federal prisoner's request to get their sentence set aside or corrected because the punishment was harsher than that allowed by law. -Allegations that prison officials do not allow inmates to practice their religion behind bars. -Allegations that an inmate's constitutional rights were violated by a federal official acting under color of law.
A challenge of a criminal conviction based on the argument the trial was constitutionally defective.
Which of the following types of evidence is generally not admissible at trial? -DNA -fingerprint -hair analysis -Polygraph
Polygraph
What federal court has original jurisdiction over disputes between states? Legislative Court District Court Court of Appeals Supreme Court
Supreme Court
Critics of judicial elections assert that they are fundamentally inconsistent with the principle of judicial independence. t/f
T
Defense attorneys are not allowed to be present during grand jury hearings. t/f
T
Exculpatory evidence is any evidence that may be favorable to the defendant. t/f
T
If a police lineup is improperly conducted, the identification of the suspect may be excluded from evidence during trial pursuant to the exclusionary rule. t/f
T
Judges may be impeached. t/f
T
Most felony crimes are for nonviolent offenses. t/f
T
Potentially exculpatory evidence includes any prior inconsistent statements of prosecutorial witnesses. t/f
T
The majority of searches are conducted without a warrant. t/f
T
The particularity requirement means that warrants should be as detailed as possible. t/f
T
There may be as many as 28 judges who work together to make an appellate court decision. t/f
T
When victims cooperate with the prosecution, the odds that a case will be prosecuted increase dramatically. t/f
T
Quiz 8-Ch 8 Judges are under pressure to move their docket. True False
True
An Alford plea is one in which the- -defendant pleads on the nose. -defendant pleads guilty but maintains innocence. -prosecutor makes no sentence recommendation. -defendant denies that there has been a plea bargain.
defendant pleads guilty but maintains innocence.
Discovery rules are vitally important to- prosecutors defense attorneys judges juries
defense attorneys
Small prosecutors' offices generally employ what type of prosecution? horizontal streamlined vertical directed
vertical
Which of the following decisions is the exclusive domain of the prosecutor? Bail Charging arraignment sentencing
Charging
Which of the following are negative consequences of delay in the courts? -Delay works to the disadvantage of the prosecutor. -Delay works to the advantage of the judge. -Delay jeopardizes the rights of defendants. -All of these are negative consequences of delay in the courts.
Delay jeopardizes the rights of defendants.
Defending unpopular clients is the basis for a great deal of criticism of lawyers. What is the core legal ethical value in defending an unpopular client? -Every client is entitled to legal representation, no matter how unpopular or heinous the crime. -It is not ethical for a defense attorney to defend someone who is lying about their innocence. -As a matter of legal ethics, no lawyer may represent someone who intentionally perjured him/herself after being advised against doing so. -As long as the client is adequately represented in a court of law, defense attorney ethics are secondary.
Every client is entitled to legal representation, no matter how unpopular or heinous the crime.
Quiz 11 The U.S. Supreme Court's ruling in Brady v. Maryland prevents the suppression of what type of evidence? Incriminating Exclamatory Exculpatory Confessions
Exculpatory
Incumbent judges are very likely to be voted out of office. t/f
F
Quiz 7-Ch 7 In which case did the U.S. Supreme Court hold that indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government? Miranda v. Arizona Gideon v. Wainwright Plessey v. Ferguson U.S. v. Wade
Gideon v. Wainwright
Which court decision held that once a suspect has invoked his right to an attorney, police may not continue interrogation without his/her attorney present? Minnick v. Mississippi Miranda v. Arizona Mapp v. Ohip Burns v. Reed
Minnick v. Mississippi
Which of the following statements is not true about criminal defense attorneys? -Most have a regular clientele. -Some defense attorneys rely on police officers, bail agents, and court clerks to give their names to defendants who need counsel. -The private attorney's fee in a criminal case is generally a flat fee paid in advance. -Most earn a modest, middle-class living.
Most have a regular clientele.
A number of warrant exceptions apply based on the location of the search. Searches in which of the following locations do not require a search warrant? searches at airports or international borders searches of students in school searches of public employees at their workspaces None of these locations required a search warrant.
None of these locations required a search warrant.
Which of the following statements is true about search warrants? -If officers exceed the scope of the authorized invasion under the terms of the warrant, the evidence seized will usually be deemed admissible in court. -If law enforcement officers have a search warrant, they are generally not required to knock-and-announce their presence. -Provided that they have a search warrant, the police may remain on the premises for an unlimited amount of time in order to conduct a thorough search. -Search warrants must be executed at a reasonable time of day, unless the warrant provides a reason to execute a nighttime search.
Search warrants must be executed at a reasonable time of day, unless the warrant provides a reason to execute a nighttime search.
This Amendment to the U.S. Constitution guarantees the right to counsel. Fourth Fifth Sixth Eighth
Sixth
What amendment provides for the right to a speedy and public trial? Fourth Fifth Sixth Seventh
Sixth
According to the chapter, which of the following best explains why few cases receive individual treatment? discretion speedy-trial laws assembly-line justice the dynamics of the courtroom work group
assembly-line justice
Which of the following is one example of a safeguard provided by the adversarial system? The presumption of equality Pretrial detention of defendants The right to compensation for losses suffered The right to cross-examination
The right to cross-examination
Intermediate courts of appeals do which of the following? -These courts carefully review evidence presented at a trial. -These courts determine whether technical violations of the law were committed at trial and release affected defendants. -These courts review trial proceedings to make sure the law was followed and that the defendant received a fair trial. -All of these answers are correct.
These courts review trial proceedings to make sure the law was followed and that the defendant received a fair trial.
Which of the following is not true of federal district court judges? -They are nominated by the President. -They must be confirmed by the U.S. Senate. -They must reside in their district. -They are appointed for eight year terms..
They are appointed for eight year terms..
U.S. attorneys serve life terms. four-year terms. ten-year terms. at the discretion of the president.
at the discretion of the president.
A person cited for a misdemeanor would most likely appear before- a court of limited jurisdiction. a court of general jurisdiction. a circuit court. a court of common pleas.
a court of limited jurisdiction.
Informal prosecutorial disclosure stems from- -a long-held courthouse theory that an advance glimpse at the prosecutor's case encourages a plea of guilty. -sympathy for the defendant. -fear of lawsuits. -fear of losing a case.
a long-held courthouse theory that an advance glimpse at the prosecutor's case encourages a plea of guilty.
Complete freedom from civil liability is known as... qualified immunity partial immunity immunity absolute immunity
absolute immunity
Plea bargaining is arguably contrary to the concept of a(n)- presumption of guilt. defendant's free will. adversary system of justice impartial judge.
adversary system of justice
What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? all open files of any type all exculpatory evidence and all impeachment evidence all witness statements all statements made by the defendant
all exculpatory evidence and all impeachment evidence
What is a form of settling disputes, such as unruly children annoying neighbors, through less adversarial means than the traditional court system designed to deal with issues? alternative dispute resolution domestic court drug court civil court
alternative dispute resolution
How many challenges for cause may be made by the prosecution and the defense in a felony criminal trial? five ten fifteen an unlimited number
an unlimited number
The jury trial penalty -is a sanction against prosecutors who demand jury trials. -means that defendants who do not enter pleas of guilty can expect to receive harsher sentences as a consequence for going to trial. -refers to the extra resources necessary to conduct a jury trial as compared to a bench trial. -simply refers to the time jurors have to spend in jury duty.
means that defendants who do not enter pleas of guilty can expect to receive harsher sentences as a consequence for going to trial.
The mental state, or criminal intent, required for a crime to have been committed is referred to as... actus reus mens rea corpus delicti result
mens rea
What is the name of a crime that is generally punishable by a fine or up to a year in jail? felony crime misdemeanor crime delinquent crime property crime
misdemeanor crime
As compared with less serious crimes, defendants charged with serious crimes such as rape and murder are- more likely to accept a plea bargain. more likely to go to trial. more likely to have their cases dismissed. more likely to be acquitted by a jury.
more likely to go to trial.
A judge who accepts a guilty plea agreement reached by the defense attorney and the prosecutor provides an example of- discretion. mutual interdependence. routine administration of justice. assembly-line justice.
mutual interdependence.
The American Bar Association recommends that all felony cases reach disposition within- six months of arrest. six months of filing.. one year of arrest. one year of filing.
one year of filing.
Challenges to jurors that do not require reasons are termed- automatic challenges discretionary challenges peremptory challenges ministerial challenges
peremptory challenges
A discretionary decision based on decision makers' values and attitudes reflects- legal judgments. policy priorities. personal philosophies. judicial restraints.
personal philosophies.
What is the term for protected statements between an attorney and client? pro bono pro se assigned counsel privileged communication
privileged communication
Which of the following is the primary requirement for a search warrant? probable cause good faith reasonable suspicion preponderance of the evidence
probable cause
Quiz 1-Ch 1 The most influential actor in the courthouse is the: judge defense attorney clerk of court prosecutor
prosecutor
Which of the following court members dominates the grand jury? Judge defense attorney prosecutor court clerk
prosecutor
Neither prosecutors nor defense attorneys may use peremptory challenges to eliminate potential jurors on the basis of- race or sex. attitude or appearance. unwillingness to follow the law. refusal to answer questions.
race or sex.
Most of what we know about the ordeal of testifying in court comes from research on victims of rape. robbery. assault. burglary.
rape.
The level of proof for an officer to conduct a brief, limited, investigative detention ("stop and frisk") is: probable cause mere suspicion clear and convincing evidence reasonable suspicion
reasonable suspicion
The "Rule of Four" refers to: -the number of justices required to vote in favor of granting certiorari to review a case. -the number of justices required to uphold or overturn a lower court ruling. -the maximum number of presenters allowed during oral arguments. -the minimum number of justices required to publish a dissenting opinion.
the number of justices required to vote in favor of granting certiorari to review a case.
CASE 7.2 Is it enough to have a lawyer? Must the lawyer also be competent and effective? The Supreme Court has recognized the effective assistance of counsel as essential to the Sixth Amendment guarantee (McMann v. Richardson 1970). In regards to ineffective assistance of counsel, appellate courts must reverse only if the proceedings were fundamentally unfair and- -the outcome would have been different if counsel had not been ineffective -the outcome would have been worse if counsel had not been ineffective -the outcome would have been better if counsel had not been ineffective -the outcome would have been the same if counsel had not been ineffective
the outcome would have been different if counsel had not been ineffective
Crime control advocates, crime victims, and conservatives criticize plea bargaining because they fear that- -courts will become overloaded with cases. -the sentences will be too lenient. -defense attorneys will not aggressively protect their clients. -defense attorneys will collect excessive fees for doing little work
the sentences will be too lenient.
Which of the following is a key consideration for prosecutors when deciding whether to offer a defendant a plea deal? -a defendant's willingness to avoid incarceration -a victim's desire to have the case go to trial -the strength of the case -a defendant's willingness to testify in another case
the strength of the case
The most important victim characteristic that influences case processing is- the victim's race the victim's age the victim's social class the victim's relationship with the offender
the victim's relationship with the offender
What happens with most complaints about attorney misconduct? -the complainant receives a settlement -the defendant loses in court -the attorney is disbarred -they are dismissed due to insufficient evidence
they are dismissed due to insufficient evidence
Individuals cannot serve on juries in any state if- they are not citizens of the United States. they have been convicted of a felony. they understand English, but are illiterate. All of these answers are correct.
they are not citizens of the United States.