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