criminal justice chapter 8

Defendants in ________ cases often are entitled to automatic, nondiscretionary appeals to the high court. A) death penalty B) federal C) kidnapping D) terrorism

A) death penalty

To appeal a conviction, the ________ files an appellate brief. A) defendant B) judge C) prosecutor D) jury

A) defendant

In most states, high courts have ________ appeals. A) discretionary B) mandatory C) automatic D) presumptive

A) discretionary

Most felony suspects in the United States: A)have resources available to them. B)are poor and thus are represented by appointed counsel. C)represent themselves. D)pay for their attorney's fees.

B)are poor and thus are represented by appointed counsel.

A judges' responsibility is to ensure that the trial proceeds according to the rules of: A)real process. B)due process. C)fair process. D)just process.

B)due process.

Sometimes juries choose not to apply criminal laws when they feel doing so would be unjust. This is an example of: A)peremptory challenge. B)jury nullification. C)venire.

B)jury nullification.

Approximately how many cases does the U.S. Supreme Court hear each year? A) 1,000 B) 10,000 C) 100 D) 10

C) 100

How many federal district courts are present in the United States? A) 67 B) 5 C) 94 D) 13

C) 94

In 2006, which of the following rules did the Supreme Court pass concerning suspected terrorists? A) Suspected terrorists could be tried in courts-martial as they would have violated the Uniform Code of Military Justice. B) Special military courts could try suspected terrorists at Guantanamo Bay if they were held there for more than 5 years. C) Special military courts could not try suspected terrorists being held at Guantanamo Bay. D) All of the answers are correct.

C) Special military courts could not try suspected terrorists being held at Guantanamo Bay.

In the U.S. criminal justice system, who decides whether to issue search and arrest warrants? A) The defense attorney B) The prosecutor C) The judgee D) The grand jury

C) The judgee

Who among the following in a trial is NOT part of the courtroom workgroup? A) The prosecutor B) The defense attorney C) The police officer D) The judge

C) The police officer

A specialty court deals with: A) mentally ill offenders. B) drug offenders. C) family law issues. D) All of the answers are correct.

D) All of the answers are correct.

It is argued that the judiciary lacks: A) gender diversity. B) ethnic diversity. C) social class diversity. D) All of the answers are correct.

D) All of the answers are correct.

Most public defenders are: A) overworked. B) inexperienced. C) underpaid. D) All of the answers are correct.

D) All of the answers are correct.

________ provide direct oversight of trial judges. A) Supreme courts B) Reentry courts C) District courts D) Appellate courts

D) Appellate courts

Which of the following is NOT one of the listed benefits of court centralization? A) A more streamlined bureaucracy B) Greater consistency in procedures C) Less vulnerability to local political pressures D) Less sensitivity to local needs

D) Less sensitivity to local needs

Federal prosecutors are appointed by the: A) Senate. B) Supreme Court. C) Congress. D) President.

D) President.

Jack works for the government and represents indigent defendants. Jack is: A) an assigned counsel. B) a merit appointment attorney. C) a contracted attorney. D) a public defender.

D) a public defender.

The judge in a criminal trial is responsible for all of the following EXCEPT: A) ruling on motions that attorneys make. B) deciding what evidence will be admitted. C) giving the jurors their instructions. D) deciding which jurors will serve on the jury.

D) deciding which jurors will serve on the jury.

State trial courts are also called: A) federal trial courts. B) nonsuperior courts. C) intermediary appeals courts. D) district courts.

D) district courts.

During a criminal trial of a murder suspect, the judge must decide all matters of: A) evidence. B) substance. C) fact. D) law.

D) law.

A state's high court is often called the ________. A) circuit court B) district court C) state court of appeals D) state supreme court

D) state supreme court

A ________ is a group of people called to be prospective jurors. A) defense attorney B) going rate C) voir dire D) venire

D) venire

Which of the following is NOT a type of indigent defense system? A)The assigned counsel system B)The contract method C)A public defender D)None of the answer is correct.

D)None of the answer is correct

Most states have ________ justices on their high court. A) 7 B) 12 C) 3 D) 15

A) 7

Which of the following is NOT one of the duties of a judge? A) Arresting individuals when probable cause exists B) Releasing suspects from custody while trials are pending C) Determining the amount of bail a defendant must provide D) Issuing arrest warrants

A) Arresting individuals when probable cause exists

What does the current research say about drug courts? A) Drug courts tend to be effective for reducing drug use but not recidivism for adults and youth. B) Drug courts tend to be effective for adults but not for youth. C) Drug courts tend to be effective for reducing drug use and recidivism for adults and youth. D) Drug courts tend to be effective for reducing recidivism for youth but not for adults.

A) Drug courts tend to be effective for reducing drug use but not recidivism for adults and youth.

What do judges do during a trial? A) Enforce laws B) Interpret laws C) Promulgate laws D) Create laws

A) Enforce laws

Which U.S. Supreme Court case helped to shape the role of the courts in the U.S. justice system by giving the Supreme Court the right of judicial review and the authority to interpret law? A) Marbury v. Madison B) U. S. v. Draper C) Plessy v. Ferguson D) Miranda v. Arizona

A) Marbury v. Madison

What constitutional amendment is violated when the attorney-client privilege is violated and what is said between a criminal defendant and his or her attorney is made known to the prosecutor and the judge? A) The Fifth Amendment B) The Eighth Amendment C) The Fourth Amendment D) The Fourteenth Amendment

A) The Fifth Amendment

Which constitutional amendment prohibits a defendant from being tried twice for the same crime? A) The Fifth Amendment B) The Fourth Amendment C) The Eighth Amendment D) The Fourteenth Amendment

A) The Fifth Amendment

John Jones loses his criminal case. He files an appellate brief with his state's intermediary appeals court. Who will respond with a brief stating that no legal errors were made? A) The prosecutor B) The jury C) The judge D) The defendant

A) The prosecutor

John Jones loses his criminal case. He files an appellate brief with his state's intermediary appeals court. John Jones is now the: A) appellant. B) plaintiff. C) respondent. D) None of the answer is correct.

A) appellant.

Federal courts have jurisdiction over all of the following cases EXCEPT cases involving: A) less than $25,000 in controversy. B) federal laws. C) citizens of different states. D) the federal constitution.

A) less than $25,000 in controversy.

A ________ is a small group of citizens who determine whether a criminal defendant is guilty of the crimes with which he or she is charged. A) petit jury B) venire C) bench D) grand jury

A) petit jury

When appellate court judges ________ a case, they send it back to the trial court. A) remand B) demand C) uphold D) command

A) remand

Cindy is robbed while working as a clerk in a convenience store. The police apprehend Mike, the suspect in the case. Who is considered the "legal" victim in the case once the trial begins? A)The state B)The federal government C)Cindy D)The convenience store

A)The state

The Supreme Court has ruled that judges must recuse themselves from deciding cases involving parties who: A)have given them significant campaign contributions. B)are of the same political affiliation. C)have already been found guilty by them in an earlier decision. D)have already appeared before their court

A)have given them significant campaign contributions

A subpoena: A)orders a witness to appear in court. B)is required when a defendant is appealing his or her case. C)is issued by a bailiff. D)orders the police to make an arrest.

A)orders a witness to appear in court.

Justice Sonia Sotomayor was nominated by President Barack Obama. Who was responsible for confirming her nomination? A) The vice president B) The Senate C) The Supreme Court D) The House of Representatives

B) The Senate

How many circuit courts of appeals are present in the United States? A) 5 B) 13 C) 67 D) 94

B) 13

John Jones loses his criminal case. He files an appellate brief with his state's intermediary appeals court. Which of the following could John Jones appeal? A) The admission of evidence that should have been excluded at his trial B) Allegations of faulty jury instructions C) Inappropriateness of the sentence D) All of the answers are correct.

B) Allegations of faulty jury instructions

Which of the following is NOT one of the ways a federal judge loses his or her job? A) Retiring B) Firing C) Impeachment D) Resigning

B) Firing

Which of the following is defined as a meeting that occurs between attorneys and a judge in the judge's office rather than in the courtroom? A) Attorney-client privilege B) In chambers C) Prosecutorial discretion D) In house

B) In chambers

Which of the following is a true statement about juries? A) Juries decide matters of law. B) Juries have been around for thousands of years. C) Juries were first used after the British colonization of North America. D) Civil law systems use juries today.

B) Juries have been around for thousands of years.

Who is usually the only adult in a teen court? A) The prosecutor B) The judge C) The defense attorney D) The jury

B) The judge

Who decides whether a suspect is charged with a crime? A) The victim B) The prosecutor C) The judge D) The jury

B) The prosecutor

In a retention election, who decides whether a state judge has performed well enough to stay on the bench? A) The governor B) The voters C) The senators D) The president

B) The voters

Cases in intermediary appeals courts are heard by: A) a jury. B) a panel of judges. C) a judge. D) a grand jury.

B) a panel of judges.

Bob is representing his client Ernest who has been charged with robbery. Bob learns that to pay for his legal defense, Ernest is going to commit another robbery while he is out on bail. If Bob does not report this future criminal act, he can be charged as: A) a conspirator. B) an accessory. C) an accomplice. D) a codefendant.

B) an accessory.

Appellate courts: A) decide the facts of a particular case. B) determine whether legal errors were made at trial. C) decide if a defendant is civilly liable for a criminal charge. D) decide whether a defendant is guilty.

B) determine whether legal errors were made at trial.

If a judge on the appellate court disagrees with the majority decision, he or she can write a ________ opinion. A) consenting B) dissenting C) concurring D) recanting

B) dissenting

If at least ________ justices agree that a case merits the Supreme Court's attention, then a writ of certiorari is issued, ordering the lower court to deliver all relevant records of the case for the Court's examination. A) three B) four C) nine D) seven

B) four

A ________ is a generally agreed-upon sentence for a defendant based on the crime and prior record. A) subpoena B) going rate C) venire D) recusal

B) going rate

A ________ is a panel of citizens who may investigate certain crimes and determine whether sufficient evidence exists to bring a defendant to trial. A) going rate B) grand jury C) voir dire D) petit jury

B) grand jury

An example of a court of limited jurisdiction is a: A) federal court. B) juvenile court. C) criminal court. D) state court.

B) juvenile court.

Most federal judges are nominated by the: A)Senate. B)President. C)Congress. D)Supreme Court.

B)President.

The role of a defense attorney includes all of the following EXCEPT: A)conducting pretrial investigations. B)advising the police. C)arguing about the sentence. D)arguing the case in court.

B)advising the police.

Which of the following statements is FALSE about appellate courts? A) There is no evidence presented in appellate courts. B) There is no jury in appellate courts. C) Witnesses testify to a panel of judges in appellate courts. D) Decisions in appellate courts can sometimes take months.

C) Witnesses testify to a panel of judges in appellate courts.

Marcie works for a private law firm but takes indigent clients on a case-by-case basis and is paid a set fee for representing those clients. Marcie is: A) a contracted attorney. B) a public defender. C) an assigned counsel. D) a merit appointment attorney.

C) an assigned counsel.

Andrew was removed as a potential juror because he was the brother of the defendant who was about to go to trial. His removal from the jury was based on the prosecutor's: A) venire. B) jury nullification. C) challenge for cause. D) peremptory challenge.

C) challenge for cause.

A public defender is: A) appointed by a court administrator. B) hired by the victim. C) employed and paid by the government. D) hired by the defendant.

C) employed and paid by the government.

An attorney's removal of a prospective juror he or she feels will not be sympathetic to his or her side of the case is called ________. A) challenge for cause B) prosecutorial discretion C) peremptory challenge D) jury nullification

C) peremptory challenge

In a capital case, only the ________ can decide whether to seek the death penalty. A) judge B) victim C) prosecutor D) jury

C) prosecutor

Judge Mills enters her courtroom and sees that her friend is on trial for battery. Judge Mills must exercise ________ by turning the case over to another judge who can be impartial. A) excusal B) recusal C) removal D) vacate

C) removal

Prosecutors have all of the following duties EXCEPT: A) arguing a state's case at appeals. B) conducting investigations. C) sentencing offenders. D) arguing a state's case at trials.

C) sentencing offenders.

The Supreme Court has allowed juries as small as ________ members. A) two B) nine C) six D) three

C) six

All of the following are types of judges EXCEPT: A) justices of the peace. B) referees. C) solicitors. D) magistrates.

C) solicitors.

Most criminal cases are prosecuted in ________ courts. A) county B) local C) state D) high

C) state

________ refers to a situation in which judges use the courts to further their own personal or social agendas. A)Judicial nomination B)Judicial review C)Judicial activism D)Judicial retention

C)Judicial activism

Who is considered a state's head law enforcement officer? A)A U.S. attorney B)The district attorney C)The attorney general D)A special prosecutor

C)The attorney general

The ________ maintains court records and schedules and also swears in jurors and witnesses in a trial. A)court reporter B)bailiff C)court clerk

C)court clerk