Criminal Justice Ch. 7-9

A preliminary hearing is a proceeding before a judicial officer in which the following matter/s must be decided. A. Whether a crime was committed B. Whether the crime occurred within the territorial jurisdiction of the court C. Whether there are reasonable grounds to believe that the defendant committed the crime D. All of the above

D. All of the above

The federal Speedy Trial Act allows for the dismissal of charges when the prosecution does not seek indictment within 30 days of arrest, or when a trial does not begin within ___________ working days after indictment. A. 201 B. 180 C. 90 D. 70

D. 70

Matt's attorney files an appeal in a U.S. court of appeals to review Matt's conviction in a rape case. The attorney appeals on the basis that Matt was only sixteen years old at the time of trial but was tried as an adult. Which of the following types of appeals is indicated in this scenario? A. A consensual appeal. B. A frivolous appeal. C. A ritualistic appeal. D. A nonconsensual appeal.

D. A nonconsensual appeal.

Which of the following happened in September 1996? A. Representatives Trent Franks (R-AZ) and Jim Costa (D-CA) introduced a revised Victim Rights Amendment as House Joint Resolution 106. B. The legislation also lacked the support of President Bill Clinton and was officially withdrawn. C. Proposition 9 in California passed with 53.8% of the vote. D. A victim's rights constitutional amendment-Senate Joint Resolution 65-was proposed by a bipartisan in the U.S. Congress.

D. A victim's rights constitutional amendment-Senate Joint Resolution 65-was proposed by a bipartisan in the U.S. Congress.

How many regional courts of appeal are there in the United States? A. 12 B. 6 C. 10 D. 60

A. 12

Dennis is arrested for speeding and causing a minor accident. The arresting officer releases him after he gives a written assurance that he will appear for trial. Which of the following alternatives to bail has Dennis used in this scenarios? A. A signature bond B. A third-party custody C. A property bond D. A deposit bail

A. A signature bond

Which of the following is true of sentencing practices? A. About 41% of felons convicted in state courts were sentenced to active prison terms; another 28% received jail sentences involving less than one year's confinement. B. Of the total, 37% were sentenced to probation with no jail or prison time to serve. C. The average probation sentence was 8 years. D. An average of 60% of convicted defendants in courts of limited jurisdiction receive fines as sentences, some in combination with another penalty.

A. About 41% of felons convicted in state courts were sentenced to active prison terms; another 28% received jail sentences involving less than one year's confinement.

Which types of cases are NOT heard by the state court? A. Alleged violations of federal law B. Limited jurisdiction C. Original jurisdiction D. Criminal cases

A. Alleged violations of federal law

Which of the following was NOT suggested by proponents of state court reform in order to create a uniform judiciary model for all states? A. Combining original and appellate jurisdiction. B. Centralizing court structure. C. Consolidating courts with overlapping jurisdictions. D. Centralizing a state court authority.

A. Combining original and appellate jurisdiction.

Which one of the following is part of the philosophy of restorative justice? A. Crime has both individual and social dimensions of responsibility. B. Take criminal justice system controls crime. Offender accountability is defined as taking punishment. C. Crime is an act against the state, a violation of a law, an abstract idea. D. The community is on the sidelines, represented abstractly by the state.

A. Crime has both individual and social dimensions of responsibility.

Which of the following alternatives to bail places a court in the role of a bond agent, allowing a defendant to post a percentage of a full bail with the court? A. Deposit bail B. Signature bond C. Release on recognizance D. Conditional release

A. Deposit bail

Which of the following is NOT one of the four traditional sentencing options? A. Deterrence B. Fines C. Probation D. Death Sentence

A. Deterrence

Which one is not among the four traditional sentencing options? A. Drug treatment order B. Death C. Probation D. Imprisonment

A. Drug treatment order

The United States dual court system is compromised of what two type of courts? Pick the best answer. A. Federal and state courts B. Federal courts and the Supreme Court C. Municipal and drug courts D. State courts and the State Court of Appeals

A. Federal and state courts

Taylor, a suspect in a homicide case, is sentenced to death penalty by electrocution. His lawyers file an appeal in a higher court arguing that death by electrocution is cruel and inhumane. Which of the following landmark judgments is most likely to be cited by a court to uphold Taylor's sentence? A. In re Kemmier (1890) B. Baze v. Rees (2008) C. Furman v. Georgia (1972) D. Woodson v. North Carolina (1976)

A. In re Kemmier (1890)

Matt and Hannah are members of a jury. Hannah believes in alternative sanctions, while Matt, who believes in retribution, prefers traditional forms of sentencing. Which of the following is Matt most likely to choose if all four options are equally applicable for the crime? A. Incarceration B. Rehabilitation C. Parole D. Probation

A. Incarceration

__________ is a model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences. A. Indeterminate sentencing B. Voluntary sentencing C. Mandatory sentencing D. Presumptive sentencing

A. Indeterminate sentencing

What comes to the judge in the form of a presentence investigation (PSI) report? A. Information about a defendant's background B. Usually devoted to the investigating officer's recommendations C. Criminal records repositories that can provide comprehensive files on the criminal history of those who have been processed by the Justice system D. Detailed information about a crime

A. Information about a defendant's background

Which of the following cases is most likely to be resolved in a community court? A. Jackson is booked for vandalizing homes in his neighborhood. B. Bret is arrested as a suspect in a burglary case. C. Andrea is arrested in an embezzlement case. D. Susan is charged for committing a murder.

A. Jackson is booked for vandalizing homes in his neighborhood.

Which of the following scenarios illustrates retribution? A. James is sentenced to death for murdering three children. B. Corbin is convicted with charges of vandalism and ordered to serve 70 hours in community service. C. Paula is ordered to pay an amount of $30,000 to the victim to cover victim's medical expenses. D. Deborah is asked to undergo de-addiction treatment for a year after being convicted in a DUI case.

A. James is sentenced to death for murdering three children.

_____________ is the power of a court to reconsider the actions and decisions made by other agencies of government. A. Judicial review B. Arraignment C. Original jurisdiction D. Jurisprudence

A. Judicial review

Which of the following constitutes circumstantial evidence? A. Kim notices Rob leave her boss's room in a hurry, and minutes later, her boss is found dead. She testifies to this fact in a court. B. Jeremy sees Nick threaten a store clerk at gunpoint and collect the money from the cash register before exiting the store. Jeremy testifies to this fact in a court. C. When Max robs a bank, his image is recorded on a CCTV camera installed in the bank. CCTV footage is submitted as evidence. D. Marie's fingerprint is found on a glass of poisoned wine found next to the body of the victim. The fingerprint analysis is submitted as evidence.

A. Kim notices Rob leave her boss's room in a hurry, and minutes later, her boss is found dead. She testifies to this fact in a court.

What are mitigating circumstances? A. Mitigating circumstances, which indicate that a lesser sentence is called for, are generally similar to legal defenses, although in this case they only reduce criminal responsibility, not eliminate it B. Truth in sentencing C. Voluntary/advisory sentencing guidelines D. Call for a tougher sentence and may include especially heinous behavior, cruelty, injury to more than one person and so on

A. Mitigating circumstances, which indicate that a lesser sentence is called for, are generally similar to legal defenses, although in this case they only reduce criminal responsibility, not eliminate it

A jury considers alternate sentencing for Ram, who is accused of assault. The jury is likely to give Ram a punishment of a lesser degree if the crime involved mitigating circumstances. Which circumstance could result in Ram being on probation, as opposed to being incarcerated? A. Ram committed the offense under duress. B. Ram committed the offense to avoid or prevent a lawful arrest. C. Ram included others to participate in the commission of the offense. D. Ram committed the offense for hire.

A. Ram committed the offense under duress.

Bob is accused of committing a robbery. Rodney, who claims to have seen Bob commit the act, is called upon by the prosecutor in this case to recall the event in a state court. Which of the following statements is true in this scenario? A. Rodney, a lay witness, is a nonprofessional courtroom participant. B. Rodney, a juror, is a professional courtroom participant. C. Bob, the defendant, is a professional courtroom participant. D. Bob, the victim, is a professional courtroom participant.

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

Rita and Ken are accused of forgery. Tina represents them. Maya represents the state. Which of the following statements is true in this case? A. Tina is the defense counsel. B. Tina is responsible for producing evidence against the defendants. C. Tina is the district attorney. D. Tina is the prosecutor.

A. Tina is the defense counsel.

Which of the following provides the first appellate level for courts of limited jurisdiction? A. Trial courts of general jurisdiction B. Courts of last resort C. Intermediate appellate courts D. District courts

A. Trial courts of general jurisdiction

Matt is a courthouse employee who maintains records of criminal cases, including motions made before, during, and after trial. He also prepares a jury pool, issues jury summonses, subpoenas witnesses, and supports the work of the court in other ways. However, he is not responsible for recording hearings that occur during a trial. Matt is likely to be a ______________. A. clerk of the court B. part of the jury C. bailiff D. court reporter

A. clerk of the court

Structured sentencing is a _____________________________. A. model of criminal punishment that includes determinate and commission created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines B. model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. C. sentencing that holds an offender's criminal history should objectively be taken into account in sentencing decisions D. model of criminal punishment that meets the following conditions: (1) The appropriate sentence for an offender convicted of a specific charge is presumed to fall within range of sentences authorized by sentencing guidelines that are adopted by legislatively created sentencing body, usually a Sentencing commission

A. model of criminal punishment that includes determinate and commission created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines

All of the following are considered professionals in the courtroom work group, EXCEPT the _________. A. victim B. prosecuting attorney C. judge D. defense attorney

A. victim

Who among the following conducts a presentence investigation? A. A defense attorney B. A parole officer C. A defendant D. A judge

B. A parole officer

Which of the following is a duty of the clerk of court? A. Ensuring order in a courtroom B. Creating a record of all that occurs during a trial C. Issuing jury summonses D. Conducting trials and deciding cases

C. Issuing jury summonses

Brian, a suspect in a robbery case, signs a document which says that the trial court of Alabama can seize his house and car if he does not appear on his trial date. Which of the following alternatives to bail does this scenario illustrate? A. A deposit bail B. A property bond C. A third-party custody D. An unsecured bond

B. A property bond

Which of following scenarios illustrate an arraignment? A. Santiago, an accused in a rape case, is released when his attorney gives assurance that Santiago will appear in court as required. B. Arun, an accused in a homicide case, is presented before a trial court with original jurisdiction for the first time. The judge allows him an enter a plea. C. Deborah, an accused in a robbery case, is released on a deposit bail. D. William, an accused in a murder case, is arrested and immediately presented before a magistrate. The magistrate informs William of his rights.

B. Arun, an accused in a homicide case, is presented before a trial court with original jurisdiction for the first time. The judge allows him an enter a plea.

Which of the following is NOT another name for a prosecuting attorney? A. State's attorney B. Assigned counsel C. District attorney D. Solicitor

B. Assigned counsel

Which of the following isn't true of determinate sentencing? A. Policies that were not required by law, were usually based on past sentencing practices, but served as guides to judges. B. Became common in the 1980s as states began to experiment with sentencing guidelines developed by sentencing commissions. C. A convicted offender is sentenced to a fixed term that may be reduced by good time or gain. D. Eliminated the use of traditional parole and created explicit standards to specify the amount of punishment appropriate for a given offense.

B. Became common in the 1980s as states began to experiment with sentencing guidelines developed by sentencing commissions.

Which of the following terms refers to the issue of whether the defendant is actually responsible for the crime of which he or she stands accused? A. Demonstrated guilt B. Factual guilt C. Implied guilt D. Legal guilt

B. Factual guilt

At which stage of the hearing are defendants brought before a judge to possibly be afforded the opportunity for bail? A. Pretrial release B. First appearance C. Grand jury hearing D. Preliminary hearing

B. First appearance

Which of the five goals protects innocent members? A. Retribution B. Incapacitation C. Rehabilitation D. Deterrence

B. Incapacitation

Which of the following scenarios illustrates a traditional sentencing option? A. Ernest, an accused in a robbery case, is sentenced to home detention. B. Jacob, an accused in a murder case, is sentenced to 25 years of imprisonment. C. Cindy, an accused in a DUI case, is instructed to join the Alcoholics Anonymous (AA) program. D. Valerie, an accused in a sexual harassment case, is ordered to udergo psychological counseling.

B. Jacob, an accused in a murder case, is sentenced to 25 years of imprisonment.

In which U.S. Supreme Court case was the Court's authority as the final interpreter of the U.S. Constitution established? A. U.S. v. Hazzard B. Marbury v. Madison C. Sell v. U.S. D. U.S. v. Montalvo-Murillo

B. Marbury v. Madison

Which of the following is NOT an example of an appellate-jurisdiction case? A. Jacob is arrested for murder and is tried in a state trial court. B. Matt appeals in a higher court against a lower court's decision in favor of his landlord. C. A court of appeals upholds Carlos' conviction in a sexual harassment case by a state trial court. D. Mary approaches a state supreme court to review the state trial court's decision to charge her with grand larceny.

B. Matt appeals in a higher court against a lower court's decision in favor of his landlord.

Which of the following statements is true of state courts in the United States? A. The structure of state courts is the same across all states. B. Most criminal courts can be classified within a three-tiered structure. C. State courts do not have appellate jurisdiction unlike federal courts. D. State courts hear cases related to violation of constitutional rights.

B. Most criminal courts can be classified within a three-tiered structure.

A state court systems developed, which of the following court models was copied by most states? A. Federal Judiciary Act of 1789 B. New York State Field Code of 1848 C. Federal Reorganization Act of 1801 D. Magistrate's Act of 1968

B. New York State Field Code of 1848

Tom and Beth are part of the courtroom work group. Steve represents the sole defendant; Ray is charged with lawsuit for an assault that took place on a bus; Nina is the person against Ray allegedly committed a criminal offense. Which of the following statements is true in this case? A. Tom and Beth are likely to be lay witnesses. B. Nina is likely to be the victim in this case. C. Steve is likely to be the prosecuting attorney. D. Ray is unlikely to be represented by Steve.

B. Nina is likely to be the victim in this case.

A criminal trial is in progress wherein Kelsey is the prosecutor, and Melvin represents the defendant. If Kelsey and Melvin are in the process of advising the jury of what they intend to prove and describing how such proof will be offered, at what stage of the trial? A. Presenting evidence B. Opening statements C. Jury deliberation D. Closing arguments

B. Opening statements

Which of the following cases is most likely be settled in a dispute-resolution center? A. Sean is charged with aggravated assault for physically abusing his wife. B. Robert is caught stealing groceries from a local store. C. Jacob is arrested for raping and killing a ten-year-old girl. D. Leslie is arrested for using illegal drugs.

B. Robert is caught stealing groceries from a local store.

Roark believes that offenders should pay for their crimes and be imprisoned. Sanah believes that offenders should be given the opportunity to learn and live free if they have changed and can do no more harm. Which of the following statements is true in this scenario? A. Roark is likely to believe that retribution is not based on the highest of human values. B. Sanah is likely to believe that indeterminate sentencing is the most effective method of rendering justice. C. Sanah is likely to believe that restoration should not be adopted, as it can be misused. D. Roark is likely to believe that incapacitation is not effective in reducing crime.

B. Sanah is likely to believe that indeterminate sentencing is the most effective method of rendering justice.

Ron, who has been accused of repeated burglary, is tried before a federal court. The jury decides to use fear of extreme punishment as a method to reduce recidivism. Which of the following sentencing goals is the jury seeking to accomplish? A. General deterrence B. Specific deterrence C. Rehabilitation D. Restoration

B. Specific deterrence

Which of the following statements is true of the dual-court system in the United States? A. Federal courts exercise significant power in deciding issues of state law under any circumstance. B. State courts do not hear cases involving violations of federal law. C. State courts strictly follow a two-tiered structure. D. A majority of criminal cases originate within federal courts.

B. State courts do not hear cases involving violations of federal law.

Which of the following acts increased the number of crimes punishable by death under federal jurisdiction? A. The Violence against Women Act B. The USA PATRIOT Act C. The Innocence Protection Act D. The Antiterrorism and Effective Death Penalty Act

B. The USA PATRIOT Act

Which of the following acts requires judges to consider victim-impact statements at federal sentencing hearings and places responsibility for their creation on federal probation officers? A. The Violence against Women Act B. The Victim and Witness Protection Act C. The Victims of Crime Act D. The USA PATRIOT Act

B. The Victim and Witness Protection Act

In September 1996 _____________. A. a revised amendment was proposed B. a victim's rights constitutional amendment-Senate Joint Resolution-was proposed by a bipartisan committee in the U.S. Congress, but problems of wording and terminology prevented its passage C. a revised Victim Rights Amendment as House Joint Resolution 106 was passed D. a new amendment was proposed by the Senate Judiciary Committee's Subcommittee on the Constitution, Federalism, and Property, but it did not make it to the Senate floor

B. a victim's rights constitutional amendment-Senate Joint Resolution-was proposed by a bipartisan committee in the U.S. Congress, but problems of wording and terminology prevented its passage

Rob, an accused in a robbery case, is unable to afford a lawyer to represent him in a state trial court. Geller, an attorney who is chosen from a pool of practicing criminal lawyers within the court's jurisdiction, is appointed by the court to represent Rob. In this scenario, Geller is a(n) __________. A. public defender B. assigned counsel C. prosecutor D. bailiff

B. assigned counsel

A formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense is called a(n) __________. A. indictment B. information C. grand jury D. arraignment

B. information

Christian, a management consultant, is required by a state court to listen to the evidence presented during trial and determine whether Valerie, an accused in a murder case, is guilty or not guilty of the charges against her. In this scenario, Christian is most likely playing the role of a ____________. A. victim B. juror C. defendant D. lay witness

B. juror

A juror's duty in a criminal trial is __________. A. to ensure order in the courtroom and prevent the escape of an accused B. to serve as an arbiter of the facts in a court of law C. to represent a victim ad conduct proceedings against an accused D. to represent an accused and ensure that a defendant's civil rights are not violated during a trial

B. to serve as an arbiter of the facts in a court of law

A juror's duty in a criminal trial is __________. A. to represent a victim and conduct proceedings against an accused B. to serve as an arbiter of the facts in a court of law C. to ensure order in a courtroom and prevent the escape of an accused D. to represent an accused and endure that a defendant's civil rights are not violated during a trial

B. to serve as an arbiter of the facts in a court of law

On appeal, when a trial court of general jurisdiction offers a new trial instead of the review of the lower court's decision, it is giving a ___________. A. Constitutional trial B. trial de novo C. Jury trial D. Adversarial trial

B. trial de novo

There are ______ federal judicial districts. A. 18 B. 14 C. 94 D. 64

C. 94

Which of the following scenarios illustrates a challenge for cause during jury selection? A. A defense attorney dismisses two potential women jurors from a case involving a bank robbery without giving a reason. B. A prosecuting attorney dismisses four potential jurors from a shoplifting case without giving any reason. C. A defense attorney claims that a potential juror who was a victim of rape is likely to be partial against the defendant in a rape case. D. A defense attorney believes that the pool from which potential jurors are selected for a discrimination case is not representative of both the defendant and the community.

C. A defense attorney claims that a potential juror who was a victim of rape is likely to be partial against the defendant in a rape case.

Which of the following is an example of an original-jurisdiction case? A. Matt appeals in a higher court against a lower court's decision in favor of his landlord. B. A court of appeals upholds Carlos' conviction in a sexual harassment case by a state trial court. C. Brian is arrested for identity theft and is tried in a state trial court. D. Mary approaches a state supreme court to review the state trial court's decision to charge her with grand larceny.

C. Brian is arrested for identity theft and is tried in a state trial court.

During a trial, Mallory addresses the jury and sums up why her client is innocent. She recounts the evidence submitted by the prosecution and states that the prosecution has not met the burden-of-proof requirement. She implores the jury to realize that there is not enough substantial evidence to establish that her client, Farah, is guilty of murder. Which of the following stages of a criminal trial is indicated in this scenario? A. Trial inititation B. Opening statement C. Closing argument D. Jury selection

C. Closing argument

Which of the following scenarios illustrates public shaming? A. Penny, a convict in a substance abuse case, is sentenced by a court to attend a rehabilitation center for six months. B. Marie, a convict in a robbery case, is directed by a court to volunteer for an orphanage and raise money during Christmas time. C. Collin, a convict in a drunk driving case, is ordered to attach a fluorescent license plate to his car. D. Dan, a convict in a murder case, is ordered by a court to consult a therapist to work on controlling his anger and aggression.

C. Collin, a convict in a drunk driving case, is ordered to attach a fluorescent license plate to his car.

Which of the following refers to a model of criminal punishment in which an offender is given a fixed term of imprisonment that is likely to be reduced by good time or gain time? A. Presumptive sentencing B. Voluntary sentencing C. Determinate sentencing D. Mandatory sentencing

C. Determinate sentencing

What is the primary purpose of any criminal trial? A. Recognition of informal rules of civility B. Instruction to meet the needs of trial judges C. Determination of the defendant's guilt or innocence D. Cooperation and communication with the police

C. Determination of the defendant's guilt or innocence

Which of the following statements is true of jury selection in the criminal trial process? A. The number of peremptory challenges permitted during jury selection is limited to ten across all states. B. Jury selection is the first step in the criminal trial process. C. During jury selection, both prosecution and defense attorneys question potential jurors in a process known as voir dire examination. D. During jury selection, testimony or oral evidence is collected from potential jurors in a process known as voir dire examination.

C. During jury selection, both prosecution and defense attorneys question potential jurors in a process known as voir dire examination.

Which of the following statements is true of the adversarial system of justice in the United States? A. It is the job of a prosecution to determine the guilt of a defendant. B. It is the job of a defense attorney to determine the guilt of a defendant. C. Even defense attorneys who are convinced of their clients's guilt are exhorted to defend their client as effectively as possible. D. The establishment of factual guilt of an accused is necessary for a jury or judge to deliver a verdict in a trial.

C. Even defense attorneys who are convinced of their clients's guilt are exhorted to defend their client as effectively as possible.

__________ refers to the issue of whether a defendant is actually responsible for the crime of which he or she stands accused. A. Warrant B. Verdict C. Factual guilt D. Judicial review

C. Factual guilt

Who among the following is most likely a public defender? A. Roger, a practicing criminal attorney, is appointed by a state trial court to represent a defendant in a murder case. B. Nadia, a partner in a law firm, represents a defendant in a case of embezzlement. C. Farah, who is employed by a state, represents a defendant who cannot afford a lawyer in a rape case. D. Sean, who represents a state's case against Rick, a defendant, in a state court.

C. Farah, who is employed by a state, represents a defendant who cannot afford a lawyer in a rape case.

Who is likely to be the lay witness in a trial? A. Ricky, who has to produce evidence against the defendant B. Salim, who represents the people of the state C. Hannah, who is called on to testify to facts but not draw conclusions D. Ben, who has special knowledge recognized by the court to determine guilt or innocence

C. Hannah, who is called on to testify to facts but not draw conclusions

Which Supreme Court case held that new evidence of innocence is no reason to order a new state trial when constitutional grounds are lacking? A. Marbury v. Madison B. Keeney v. Tamayo-Reyes C. Herrera v. Collins D. McNabb v. U.S.

C. Herrera v. Collins

Which of the following is not an example of alternative sentencing? A. Drug treatment B. Community service C. Imprisonment D. Home detention

C. Imprisonment

Abel believes criminal trials that are built around an adversarial system are more effective in rendering justice than those that focus on scientific evidence. Which of the following statements strengthens his argument? A. A false accusation is more likely to lead to conviction when an experienced attorney uses his expertise to win the dispute. B. Factual issue are less difficult to ascertain through scientific means. C. In the adversarial model, both sides are allowed to argue their cases before an impartial jury. D. False conviction for murder is more accurately detectable through through the use of DNA fingerprinting then verbal arguments.

C. In the adversarial model, both sides are allowed to argue their cases before an impartial jury.

Which of the following statements best describes the jurisdiction of a court? A. It is the power of a court to review only the actions and decisions made by other agencies of government. B. It is the formal written accusation submitted to a court by a grand jury, alleging that a specified person has committed a specified offense. C. It is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statue or constitution. D. It is the provision which allows courts to grant pretrial release of a criminal defendant on his or her written promise to appear in court as required.

C. It is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statue or constitution.

Judge Silvia De Robert is hearing a criminal proceeding at a district trial court. Dan, the prosecutor, and Tina, the defense attorney, argue over the suspect, Pete, and a witness, Jack. Kate, an attorney for the prosecution, is not present for the hearing. Who among the following is excluded from courtroom work group of this case? A. Kate B. Tina C. Jack D. Silvia

C. Jack

Which of the following cases is most likely to be tried in a lower court? A. Lorrie murders her neighbor, David, in a drunken brawl over a financial dispute. B. Jane accuses her boss of raping her. C. Jim accidentally crashes his car into another car causing minor damages. D. Mitchell intentionally sets his brother's house on fire over a property dispute.

C. Jim accidentally crashes his car into another car causing minor damages.

Regarding the death penalty, what happened between 1930-1967? A. A de facto moratorium existed, with no executions carried out in any U.S. jurisdiction. Following the lifting of the moratorium, executions resumed. B. Only 5 offenders were put to death, whereas 39 were executed nationwide. C. Nearly 3,800 people were put to death. D. Nearly 200 legal killings took place each year. Executions declined substantially every year thereafter.

C. Nearly 3,800 people were put to death.

Which of the following is NOT one of the goals of contemporary sentencing? A. The use of imprisonment or other means to reduce the likelihood that a particular offender will commit more crime. B. A sentencing rationale that seeks to inhibit criminal behavior through punishment or the fear of punishment. C. No attempt to reform a criminal offender. D. A just deserts perspective that emphasizes taking revenge on a criminal perpetrator or group of offenders.

C. No attempt to reform a criminal offender.

Bob consigned all of his stock holdings to the court as collateral against pretrial flight. What type of bail did he post? A. Signature bond B. Unsecured bond C. Property bond D. Deposit bail

C. Property bond

Judith is accused of theft and assault. Ricky, who is preparing the presentence investigation report (PSI), is in the final section of the report. Which of the following statements is true based on these facts? A. Information given by Judith needs no corroboration by Ricky. B. Judith is likely ti be represented by Ricky in the court. C. Ricky's current task is likely to involve giving his recommendation in the report. D. Ricky is likely to be the defense counsel.

C. Ricky's current task is likely to involve giving his recommendation in the report.

What was determined by Baze v. Rees? A. Use of death as a penalty for all but the most severe Crimes. B. Executing mentally retarded people violates the Constitution's ban on cruel and unusual punishment. C. The method of execution of an offender may not create a substantial risk of wanton and unnecessary infliction of pain, torture, or lingering death. D. Evolving standards of decency.

C. The method of execution of an offender may not create a substantial risk of wanton and unnecessary infliction of pain, torture, or lingering death.

All of the following are outsiders to the courtroom work group, EXCEPT __________. A. defendants B. lay witnesses C. bailiff D. victims

C. bailiff

High-level appellate courts are also referred to as __________. A. Trial courts of limited jurisdiction B. Intermediate appellate courts C. courts of last resort D. Trial courts of general jurisdiction

C. courts of last resort

In the context of pretrial activities, the purpose of bails is to ____________. A. allow defendants to enter a plea B. inform an accused of his or her rights C. ensure reappearance of an accused D. allow defendants to retain an attorney

C. ensure reappearance of an accused

Keats is a proponent of indeterminate sentencing, while Emily opposes the model. If Emily states that indeterminate sentencing violates the second fundamental sentencing principle, which implies that similar crimes should be punished with the same degree of severity, regardless of other factors, Emily's argument is based on the principle of ___________. A. rehabilitation B. restoration C. equity D. proportionality

C. equity

The _________ is a two-sided structure under which the American criminal trial court operates that pits the prosecution against the defense. A. appointment system B. adversarial system C. grand jury system D. election system

C. grand jury system

Jane conducts a criminal proceeding against a serial rapist on behalf of Gia, a rape victim, in a state court. In this scenario, Jane is most likely to be a ___________. A. public defender B. bailiff C. prosecutor D. public attorney

C. prosecutor

The purpose of incapacitation is to __________. A. make a victim whole again through healing practices B. inhibit criminal behavior through the fear of punishment C. reduce the likelihood that an offender will commit future offenses D. reform a criminal offender through education and psychological treatment

C. reduce the likelihood that an offender will commit future offenses

__________ is the use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines. A. Presumptive sentencing B. Determinate sentencing C. Indeterminate sentencing D. Alternative sentencing

D. Alternative sentencing

Benjamin, who is defined as mentally retarded, displays frequent, violent outbursts. During one such outburst, he kills his caretaker and two other mentally handicapped inmates in a mental health facility. Which of the following Supreme Court rulings will spare Benjamin from a death sentence? A. Furman v. Georgia (1972) B. Baze v. Rees (2008) C. Woodson v. North Carolina (1976) D. Atkins v. Virginia (2002)

D. Atkins v. Virginia (2002)

Which of the following is the least likely requirement to become a judge in general jurisdiction and appellate courts in almost all states? A. Hold a law degree. B. Be a member of his or her state bar association. C. Be a licensed attorney. D. Be above the age of 35.

D. Be above the age of 35.

Which of the following is NOT a type of juror challenge? A. Challenges to the array B. Challenge for cause C. Peremptory challenges D. Challenges for knowledge

D. Challenges for knowledge

The prosecutor wins the case against a serial murderer whose victims were children. The prosecutor asks for a death sentence. Which of the following statements, if used by the prosecutor, could convince the jury to issue a sentence of capital punishment? A. Every human life is sacred. B. The death penalty is not an effective deterrent for other offenders. C. The death penalty can be and has been inflicted on innocent people. D. Executed offenders cannot commit further crimes.

D. Executed offenders cannot commit further crimes.

Ted is involved in the scientific jury selection of a criminal trial. Hafna is elected as a member of the sequestered jury of the same trial. Which of the following statements is true in this case? A. Hafna's decision on the dispute is unlikely to be affected by the evidence produced before the court. B. Ted's findings are likely to have influenced the decision to include Hafna in the jury. C. Ted's findings are likely to influence Hafna's verdict in the case. D. Hafna's judgement is unlikely to be influenced by public opinion.

D. Hafna's judgement is unlikely to be influenced by public opinion.

According to the Center on Budget and Policy Priorities, which from the following is true? A. Historically, crime rates have risen and fallen in sync with incarceration rates. B. The number of criminal offenders sent to prison has decreased dramatically over time. C. Lengths of prison stays for all crimes have decreased significantly. D. High levels of incarceration impose significant human economic costs without necessarily making society any safer.

D. High levels of incarceration impose significant human economic costs without necessarily making society any safer.

Which of the following is not part of structured sentencing? A. Presumptive sentencing B. Voluntary sentencing C. Determinate sentencing D. Indeterminate sentencing

D. Indeterminate sentencing

Which of the following statements is true of indeterminate sentencing? A. It includes determinate, presumptive, and voluntary or advisory sentencing guidelines. B. It encourages retribution and incapacitation through the fixed prison terms. C. It is a form of structured sentencing. D. It encourages rehabilitation through the use of general and relatively unspecific sentences.

D. It encourages rehabilitation through the use of general and relatively unspecific sentences.

Which of the following is true of a presentence investigation report? A. Its contents are freely available to investigating officers. B. Its information is derived solely from a defendant. C. It helps judges determine apt sentences for convicted defendants. D. It is prepared by a defense attorney.

D. It is prepared by a defense attorney.

____________ is the act of taking revenge on a criminal perpetrator. A. Rehabilitation B. Restoration C. Incapacitation D. Retribution E. Deterrence

D. Retribution

Which of the following officially notifies witnesses that they are to appear in court to testify? A. Sentence B. Appeal C. Bill D. Subpoena

D. Subpoena

Which of the following statements is true of the U.S. Supreme Court? A. The Court wields unrestricted original jurisdiction. B. The Court is the trial court of the federal court system. C. The Court accepts cases only from state supreme courts. D. The Court has the capacity for judicial review of statutes and lower court decisions.

D. The Court has the capacity for judicial review of statutes and lower court decisions.

Which of the following amendment's requirement of public trial supports the right of reporters and spectators to be present at a criminal trial? A. The First Amendment to the U.S. Constitution B. The Fifth Amendment to the U.S. Constitution C. The Eighth Amendment to the U.S. Constitution D. The Sixth Amendment to the U.S. Constitution

D. The Sixth Amendment to the U.S. Constitution

Which of the following is NOT a characteristic of the U.S. Supreme Court? A. The U.S. Supreme Court wields immense power. B. The U.S. Supreme Court can only hear criminal cases. C. The U.S. Supreme Court is the highest federal court. D. The U.S. Supreme Court justices serve for eight years.

D. The U.S. Supreme Court justices serve for eight years.

In the context of the death penalty, which of the following arguments reflects the retentionist position? A. The death penalty fails to deter people from committing criminal offenses. B. The death penalty costs millions of dollars to a state for each execution. C. The death penalty discriminates against certain racial and ethnic minorities. D. The death penalty provides a sense of closure to a victim.

D. The death penalty provides a sense of closure to a victim.

Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt? A. The bailiff B. The judge C. The defense counsel D. The prosecutor

D. The prosecutor

Which of the following is a disadvantage of using fines as a criminal sanction? A. The use of fines increases the tax burden of law-abiding citizens. B. Fines help offenders enjoy the proceeds of their crimes. C. Fines result in overcrowded prisons. D. The use of fines suffers from built-in-inequities and a widespread failure to collect them.

D. The use of fines suffers from built-in-inequities and a widespread failure to collect them.

Jonathan says the victims' rights movement has hardly improved in the last three decades in the United States. Diya disagrees with him. Which of the following statements is likely to support Diya's argument and weaken Jonathan's? A. Victims' assistance programs today lack crisis intervention services. B. The grassroots resurgence of concern for the plight of victims that began in the early 1970s declined in the 1990s. C. The initial efforts of the President's Task Force on Victims of Crime were lost in the later years. D. Today's victims' assistance programs focus on victims' psychological trauma.

D. Today's victims' assistance programs focus on victims' psychological trauma.

Which of the following is the first step in the criminal trial process? A. Judge's charge to the jury B. Presentation of opening statements C. Jury deliberation D. Trial initiation

D. Trial initiation

________________ is a close correspondence between the sentence imposed upon those sent to prison and the time actually served prior to prison release. A. Aggravating circumstances B. Presumptive sentencing C. Mitigating curcumstances D. Truth in sentencing

D. Truth in sentencing

Criminal trials under the American system of justice are built around ___________. A. the court system B. the grand jury system C. a public defender system D. an adversarial system

D. an adversarial system

Court-appointed defense attorneys, whose fees are paid at a set rate by local or state government, are also called __________. A. public counsel B. private counsel C. opposing counsel D. assigned counsel

D. assigned counsel

The sentencing goal of retribution has the following purpose: a just deserts perspective that A. emphasizes taking revenge on a criminal perpetrator or group of offenders. B. means to reduce the likelihood that a particular offender will commit more crime. C. seeks to inhibit criminal behavior through punishment or the fear of punishment. D. attempt to reform a criminal offender.

D. attempt to reform a criminal offender.

The Judicial Conference of the United States adopted a policy opposing ___________ in district courts, and that policy was incorporated into the Code of Conduct for United States Judges. A. media coverage of proceedings B. broadcast of in-camera trials C. movement of a trial to another location D. broadcast of civil proceedings

D. broadcast of civil proceedings

Over the past thirty years the number of people incarcerated in the United States has dramatically risen. This was most likely a result of _________. A. the increasing tension between the police and minority offenders B. alternative sentencing C. the increased amount of personal discretion allotted to courtroom judges D. get tough on crime policies

D. get tough on crime policies

During a trial, the __________ stage happens before the __________ stage, but after the __________ stage. A. jury selection; opening statement; presentation of evidence B. closing arguments; opening statement; jury selection C. presentation of evidence; opening statement; closing statement D. opening statement; closing statement; jury selection

D. opening statement; closing statement; jury selection

Weapons, tire tracks, and fingerprints are examples of _________. A. testimonial evidence B. exculpatory evidence C. circumstantial evidence D. real evidence

D. real evidence

Alternative sentencing includes ______________. A. a project that identified Georgia, Hawaii, Kansas, Missouri, Oklahoma, and Pennsylvania as leaders in the justice reinvestment movement B. the use of alternatives to incarceration for persons convicted C. expansion of post-release supervision to all felons and limits the authority of parole officials and judges to revoke post-release supervision D. the use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender mediation, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines

D. the use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender mediation, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines