Criminal Justice Test 3

Which Constitutional Amendment contains a speedy trial provision?

Sixth Amendment

Which Constitutional Amendment guarantees the right to an impartial jury?

Sixth Amendment

In what 2000 Supreme Court case did the Court rule that the Anders procedure was only one method of satisfying the Constitution's requirements for indigent criminal appeals and that the states are free to adopt different procedures as long as those procedures adequately safeguard a defendant's right to appellate counsel?

Smith v. Robbins

Most convictions are affirmed on appeal.

True

Most jurisdictions allow prosecutors to make recommendations when defendants they have convicted are being considered for parole or for early release from prison.

True

The primary purpose of any criminal trial is the determination of the defendant's guilt or innocence.

True

The power of judicial review is explicitly mentioned in the Constitution.

False

The federal government and all 50 states use grand juries as part of the pretrial process.

False

In what 1993 Supreme Court case did the Court rule that "common sense compel[s] the conclusion that 180-day period does not commence until the prisoner's disposition request has actually been delivered to the court and prosecutor of the jurisdiction that lodged the detainer against him"?

Fex v. Michigan

Trial courts of limited, or special, jurisdiction are also known as what?

Lower courts

In what 2003 Supreme Court case did the Court rule that the use of antipsychotic drugs on a nonviolent pretrial defendant who does not represent a danger while institutionalized must be in the defendant's best medical interest and be "substantially unlikely" to cause side effects that might compromise the fairness of the trial?

Sell v. U.S.

What is the name of the process where both prosecution and defense attorneys question potential jurors?

Voir dire

What is the legal term for a request from the Supreme Court to a lower court ordering it to send the records of the case forward for review?

Writ of certiorari

The dying declaration is an exception to the hearsay rule.

True

What percentage of all criminal cases prepared for trial are eventually resolved through a negotiated plea?

90%

In a report by the National Advisory Commission in Criminal Justice Standards and Goals issued thirty years ago found that as many as ______ of felony defendants in some jurisdictions were unable to make bail.

93%

What is trial de novo?

A new trial

What is the fact-finding framework within which trial courts of general jurisdiction operate?

Adversarial process

When is the jury removed from the courtroom and permitted to begin its deliberations?

After the charge

What 2002 Supreme Court decision ruled that defendants in state courts who are facing relatively minor charges must be provided with an attorney at government expense even when they face only the slightest chance of incarceration?

Alabama v. Shelton

Who is included as part of the courtroom work group?

All are included as part of the courtroom work group

Regarding pleas, the Federal Rules of Criminal Procedure require judges to do what?

All of the Above

What occurs at the first appearance or initial appearance?

All of the above (The defendant is given formal notice of the charges, the defendant is advised of his/her rights, and the defendant is given the opportunity to retain counsel)

What criteria may be considered when release on recognizance (ROR) is an option?

All of the above (a good employment record, Residential stability, and No previous convictions)

A nolo contendere plea is much the same as a not guilty plea.

False

All states have a supreme court and intermediate appellate courts.

False

At the preliminary hearing, the defendant is not entitled to testify or present witnesses

False

Based on the McNabb decision, 72 hours following arrest became the standard maximum time by which a first appearance should be held.

False

District court judges are appointed by the president and confirmed by the Senate, and they serve a ten year term.

False

Federal district courts do not have original jurisdiction over all cases involving alleged violations of federal statutes.

False

For procedural purposes at the arraignment, a defendant who stands mute is considered to have entered a plea of nolo contendere.

False

Most law students choose to specialize in criminal law.

False

Of approximately 5,000 requests for review received by the Supreme Court yearly, only about 1,000 are heard.

False

Prosecutors may advocate any fact or position that they know is untrue in court.

False

The Eighth Amendment to the U.S. Constitution guarantees the opportunity for bail.

False

The U.S. Supreme Court has held that defendants are not entitled to representation at their first appearance.

False

The federal Speedy Trial Act is applicable to all state and federal courts.

False

For the Supreme Court to hear a case how many justices must vote in favor of a hearing?

Four

In which 1976 Supreme Court case did the Court rule that "state prosecutors are absolutely immune from liability...for their conduct in initiating a prosecution and in presenting the State's case"?

Imbler v. Pachtman

What 1967 Supreme Court decision granted the right to appointed counsel to juveniles charged with a delinquent act?

In re Gault

In which 1803 Supreme Court case did the Court forcefully assert its power of judicial review?

Marbury v. Madison

What 1990 Supreme Court decision upheld the use of closed-circuit television to shield children who testify in criminal courts?

Maryland v. Craig

What 1943 Supreme Court decision established that any unreasonable delay in an initial court appearance would make confessions inadmissible if interrogating officers obtained them during the delay?

McNabb v. U.S

What 1991 Supreme Court decision strengthened rape shield statutes?

Michigan v. Lucas

What 1991 Supreme Court case decided that, despite the convicted defendant's claim that his right to a fair trial had been denied due to pretrial publicity, the Court upheld the conviction on the grounds that jurors did not claim to be biased?

Mu'Min v. Virginia

What 1986 Supreme Court case clarified the duty of lawyers to reveal known instances of client perjury?

Nix v. Whiteside

In which 1973 Supreme Court decision did the Court rule that the denial of a speedy trial should result in the dismissal of all charges?

Strunk v. U.S.

What is the name of the document that officially notifies witnesses that they are to appear in court to testify?

Subpoena

In what 1945 Supreme Court case did the Court clarify the concept of a "jury of one's peers" by noting that while it is not necessary for every jury to contain representatives of every conceivable racial, ethnic, religious, gender, and economic group in the community, court officials may not systematically and intentionally exclude any juror solely because of his or her social characteristics?

Thiel v. Southern Pacific Co

What type of cases are trial courts of limited jurisdiction authorized to hear?

Traffic violations

What is the three-tiered structure of the state courts that followed the federal model?

Trial courts of limited jurisdiction, trial courts of general jurisdiction, and appellate courts

Approximately 62% of all state-level felony criminal defendants and 66% of all federal felony defendants are released before trial

True

At the federal level, the court system is administered by the Administrative Office of the United States Courts.

True

Bail bonds usually involve cash deposits but may be based on property or other valuables.

True

Bail is the most common release/detention decision-making mechanism in American courts.

True

Bailiffs in federal courtrooms are deputy U.S. marshals.

True

Courts within the appellate division do not conduct new trials.

True

Decisions rendered by the Supreme Court are rarely unanimous.

True

During a first appearance, the suspect is given the opportunity to present evidence on their own behalf.

True

Evidence can be either direct or circumstantial.

True

Federal courts were created by the Constitution

True

Following conviction, prosecutors are usually allowed to make sentencing recommendations to the judge.

True

In some parts of the United States, lower-court judges, such as justices of the peace, local magistrates, and "district" court judges, may still be elected without educational and other professional requirements.

True

Probable cause hearings are necessary when arrests are made without a warrant.

True

Race alone cannot provide the basis for jury selection, and juries may not be intentionally selected for racial balance.

True

State statutes generally require that sentences of death or life imprisonment be automatically reviewed by the state supreme court.

True

The U.S. Courts of Appeals for the Federal Circuit and the 12 regional courts of appeals are often referred to as circuit courts.

True

The United States Supreme Court has limited original jurisdiction.

True

The arraignment is the first appearance of the defendant before the court that has the authority to conduct a trial.

True

The first appearance may also involve a probable cause hearing.

True

The primary purpose of the preliminary hearing is to give the defendant an opportunity to challenge the legal basis for his or her detention.

True

What does an indictment become if the majority of the grand jury members agree to forward it to the trial court?

True Bill

Federal appellate courts have mandatory jurisdiction over the decisions of district courts within their circuits. What is mandatory jurisdiction?

U.S. courts of appeals are required to hear all cases brought to them

What is the name of the trial courts of the federal system?

U.S. district courts

In which 1985 Supreme Court decision did the Court rule that the prosecution must disclose any evidence that the defense requests? The Court reasoned that to withhold evidence, even when it does not relate directly to issues of guilt or innocence, may mislead the defense into thinking that such evidence does not exist.

U.S. v. Bagley

What 1984 Supreme Court case was decided only a few months after enactment of the federal bail reform and held that Congress was justified in providing for denial of bail to offenders who represent a danger to the community?

U.S. v. Hazzard

In what 1988 Supreme Court case did the Court rule that trial delays that derive from the willful actions of the defendant do not apply to the 70-day requirement of the Speedy Trial Act?

U.S. v. Taylor

Court-appointed attorneys, also called assigned counsel, are usually drawn from a roster of all practicing criminal attorneys within the jurisdiction of the trial court.

true

What type of evidence may be considered real evidence?

All of the above are types of real evidence (Journals, Weapons, and Tire tracks)

What 1967 Supreme Court case found that to protect a defendant's constitutional right to appellate counsel, appellate courts must safeguard against the risk of accepting an attorney's negative assessment of a case where an appeal is not actually frivolous?

Anders v. California

In which 1963 Supreme Court case did the Court hold that the prosecution is required to disclose to the defense evidence that directly relates to claims of either guilt or innocence?

Brady v. Maryland

In which 1991 Supreme Court case did the Court hold that "[a] state prosecuting attorney is absolutely immune from liability for damages...for participating in a probable cause hearing, but not for giving legal advice to the police"?

Burns v. Reed

What type of challenge makes the claim that an individual juror cannot be fair or impartial?

Challenge for cause

What term is used to define when a trial is moved to another jurisdiction less likely to have been exposed to publicity?

Change of venue

What type of evidence requires the judge or jury to make inferences and to draw conclusions?

Circumstantial evidence

In what 1991 Supreme Court decision did the Court impose a promptness requirement on probable cause determinations for in-custody arrestees?

County of Riverside v. McLaughlin

What type of evidence proves a fact without requiring the judge or jury to draw inferences?

Direct evidence

In what 1992 Supreme Court case did the Court rule that a delay of eight and a half years violated speedy trial provisions because it resulted from government negligence?

Doggett v. U.S.

What 1991 Supreme Court case ruled that peremptory challenges in civil suits were not acceptable if based on race?

Edmonson v. Leesville Concrete Co., Inc.

What 1972 Supreme Court decision required adequate legal representation for anyone facing a potential sentence of imprisonment?

Argersinger v. Hamlin

What 1986 Supreme Court decision laid out the requirements that defendants must prove when seeking to establish discriminatory use of peremptory challenges?

Batson v. Kentucky

What 1992 Supreme Court decision barred criminal defendants and their attorneys from using peremptory challenges to exclude potential jurors in the basis of race?

Georgia v. McCollum

What 1963 Supreme Court decision extended the right of appointed counsel to all indigent defendants charged with a felony in state court?

Gideon v. Wainwright

What 1965 Supreme Court decision declared that if a defendant refuses to testify, prosecutors and judges are enjoined from even commenting on this fact, although the judge should instruct the jury that such a failure cannot be held to indicate guilt?

Griffin v. California

After a guilty plea has been entered, it may be withdrawn with the consent of the court. In what 1976 Supreme Court case did the Court permit a defendant to withdraw a plea of guilty nine years after it had been given?

Henderson v. Morgan

In what 1993 Supreme Court case did the Court rule that new evidence of innocence is no reason for a federal court to order a new state trial if constitutional grounds are lacking?

Herrera v. Collins

What 1938 Supreme Court decision overturned the conviction of an indigent federal inmate, holding that his Sixth Amendment due process right to counsel had been violated? This decision established the right for indigent defendants to receive the assistance of appointed counsel in all criminal proceedings in federal court.

Johnson v. Zerbst

In what 1992 U.S. Supreme Court case did the Court rule that a "respondent is entitled to a federal evidentiary hearing [only] if he can show cause for his failure to develop the facts in the state-court proceedings and actual prejudiced resulting from that failure, or if he can show that a fundamental miscarriage of justice would result from failure to hold such a hearing"?

Keeney v. Tamayo-Reyes

In what 1979 case did the state of California adopt a new standardized procedure that was designed to protect the right of the criminal defendant to appeal?

People v. Wende

What 1932 Supreme Court decision held that the Fourteenth Amendment requires state courts to appoint counsel for defendants in capital cases who are unable to afford their own?

Powell v. Alabama

What 1991 Supreme Court case held that "[a]lthough an individual juror does not have the right to sit on any particular petit jury, he or she does possess the right not to be excluded from one on account of race"?

Powers v. Ohio

In what 2001 Supreme Court case did the Court rule that the Sixth Amendment right to counsel is "offense specific" and applies only to the offense with which a defendant is charged?

Texas v. Cobb

What happens when the verdict of the trial court is reversed in appeals?

The defendant is released from prosecution, The defendant cannot be retried because of double jeopardy, The case is remanded back for a new trial

In what 1968 Supreme Court case did the Court rule that a juror opposed to the death penalty could be excluded from such juries if certain conditions were met?

Witherspoon v. Illinois