Criminal Justice Revel Pearson Chapter 9

What does a change of venue involve?

Holding the trial in a different jurisdiction A change of venue involves moving the trial to another jurisdiction less likely to have been affected by pretrial publicity.

Which of the following statements about state appellate courts is true?

If a defendant is not satisfied with the resolution by the state appellate court, he or she may try to appeal the case to the U.S. Supreme Court. Defendants who are not satisfied with the resolution of their case within the state court system may attempt an appeal to the U.S. Supreme Court. However, for an appeal to have any chance of being heard by the Supreme Court, it must be based on claims that the defendant's rights, as guaranteed under the U.S. Constitution or under federal law, were violated.

Jim is charged with manslaughter and is indigent, so he cannot afford to hire an attorney. He is being defended by Alison, a criminal attorney whose name was selected at random from a list of all criminal lawyers practicing in the jurisdiction of the trial court. Alison is not receiving her normal fee but is being paid at a rate set by the state government. What form of indigent defense is being used in this scenario?

An assigned counsel system An assigned counsel system draws attorneys for indigent criminal defendants from a list of all practicing criminal attorneys within the jurisdiction of the trial court. The fees of assigned counsel are established by a rate set by the state or local government, which are typically low and may affect the amount of effort the assigned attorney puts into the case.

Which of the following is a responsibility of the bailiff?

Announcing to the court that judge is entering the courtroom The bailiff is usually an armed law enforcement officer who maintains order in the courtroom. The bailiff announces the judge's entry in to the courtroom, calls witnesses, prevents the escape of defendants who are not released on bond, supervises sequestered juries, and controls public and media access to the jury.

Which of the following is a criticism of public defenders and public defender programs?

Because they typically have huge caseloads, they may use plea bargaining excessively. Critics claim that the huge caseloads that are typical of public defenders' offices create pressure for them to use plea-bargaining excessively, which may harm the legal interests of their defendants.

Which of the following statements is true regarding circuit court judges, who are members of the U.S. courts of appeals?

Circuit court judges are appointed by the president of the United States and confirmed by the U.S. Senate. Circuit court judges are appointed for life by the president with the advice and consent of the Senate. The judge who has served on the court the longest, and who is under age 65, is the chief judge.

Which of the following statements regarding defense counsel is true?

Communications between defense attorneys and defendants is confidential and attorneys cannot be required or forced to reveal any information confided to them by their clients. Discussions between lawyers and defendants are protected under the umbrella of attorney-client confidentiality.

Which of the following statements about juries is true?

Convicted felons generally are excluded from jury service. In most jurisdictions, convicted felons are excluded from jury service.

Which of the following statements about dispute-resolution centers is true?

Dispute-resolution programs handle minor violations of law. Dispute-resolution centers hear victims' claims of minor violations such as passing bad checks, trespassing, shoplifting, and petty theft.

Which of the following statements regarding the structure of the American court system is true?

Individual states have judicial autonomy over their individual court systems separate from federal control. The substantial legislative authority and judicial autonomy states have over their court systems is a result of a consensus among the nation's founders to preserve such state legislative authority and judicial autonomy in criminal justice affairs.

Joan works in a county mental health court that addresses both public safety concerns and the needs of defendants with mental illness. Defendants with serious and persistent mental illnesses are given treatment and counseling instead of being incarcerated in a jail or prison. Which of the following is true about the court in which Joan works?

It is a problem-solving court. Problem-solving courts generally handle special populations or address special issues, such as problems focusing on the mental health.

Which of the following statements best describes the jurisdiction of a court?

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

Jack is employed in the state court system. He is responsible for ensuring that the court system operates smoothly and efficiently. What is Jack's role?

Jake is a state court administrator. State court administrators manage the operational functions of a state's court system, including overseeing funding, staffing, training of support personnel, case flow, and inter-jurisdictional coordination.

Which of the following statements regarding the use of cameras in courtrooms is true?

Most states prohibit the recording of jurors or juveniles, or of conferences between an attorney and the defendant or the judge. Most states impose restrictions on certain kinds of recording, although most permit the filming of conferences without audio pickup.

_________ jurisdiction is the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.

Original Original jurisdiction is the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts.

During a criminal trial, the judge employs the Daubert standard to determine whether which of the following items of evidence is admissible?

Testimony from a physician explaining the level of accuracy of DNA evidence The Daubert standard provides criteria for the introduction of scientific evidence at trials and effectively cleared the way for the use of DNA evidence in the courtroom.

How has the Missouri Plan addressed the concern about allowing politics to enter the judicial selection process?

The Missouri Plan requires judicial candidates to be screened by a nonpartisan state judicial nominating committee. By mandating that candidates for judicial vacancies undergo screening by a nonpartisan state judicial nominating committee, the Missouri Plan has reduced the influence of politics on the judicial nominating process.

Which of the following is true about the power of judicial review?

The Supreme Court uses its power of judicial review to decide whether lower courts decisions are aligned with the intent of the U.S. Constitution. Through its exercise of judicial review, the Supreme Court determines which laws and lower court decisions to uphold and which to strike down, according to the Court's interpretation of the purposes of various provisions of the U.S. Constitution.

Which member of the courtroom working group is responsible for maintaining custody of physical evidence during a trial?

The clerk of court During a trial, it is the responsibility of the clerk of court, or an assistant, to mark physical evidence for identification as instructed by the judge and to maintain custody of that evidence.

Which of the following is true about the dual court system in the United States?

The power of the federal government has been increasing and states' rights have gradually weakened. In the last 200 years, states' rights have gradually waned relative to the power of the federal government.

Although federal district court judges may serve for life, why do many choose to serve a shorter term?

The salary received by district court judges is low compared to what they could earn in private practice. Although the salary puts district court judges in the top 1% of income-earning Americans, it is low compared to what most of them could earn in private practice. As a result, many serve for a term that is based on their financial position and then resign and return to private practice, rather than serving for life.

Which of the following serves as the trial court of the federal court system?

U.S. district court The U.S. district courts are the trial courts of the federal court. They have jurisdiction over almost all types of federal cases, including both civil and criminal issues.

How do community courts differ from dispute-resolution centers?

Unlike dispute-resolution centers, community courts can hand down sentences such as fines and a period of incarceration in jail without the need for further judicial review. Because community courts are always official components of the criminal justice system, they have the authority to sentence offenders to fines and jail time. Dispute-resolution centers are not necessarily run by the courts and do not have the power to impose formal sentences.

George has been convicted of sexual assault. However, after the case is over, his attorney discovers that the prosecutor had obtained evidence that would have proven George's innocence but had withheld it because he wanted a conviction in the high-profile case. This type of evidence is known as ________ evidence.

exculpatory Exculpatory evidence is any information that has a tendency to clear a person of guilt or blame.

22-year-old Perry is charged with first-degree murder. During the trial, the defense attorney calls Janice, Perry's elderly next-door-neighbor, to the stand. Janice describes Perry's personality to the jury, and explains how he has always refused to take any payment for helping her around the house and yard, because he said it was the right thing to do. The defense attorney uses this information to try to persuade the jury that Perry would never commit a violent crime. Janice is an example of a(n)

character witness. A character witness provides information about the personality, family life, and so on of the defendant in an effort to show that this is not the kind of person who would commit the crime with which he or she is charged. Janice is testifying to Perry's character.

The Supreme Court has rendered a decision in a controversial case and the Chief Justice has written the majority opinion. One of the associate justices agrees with the judgment of the Court but not with the reasoning of the Chief Justice. This justice may write a(n) ______________ to explain her reasoning.

concurring opinion Supreme Court justices who agree with the Court's judgment in a case may write concurring opinions if they agree for a different reason or want to provide some new insight on a legal issue in the case.

Suzette received a traffic ticket and wants to contest the ticket rather than paying it. To do this, she has to appear in traffic court. Traffic court is an example of a

court of limited jurisdiction. Courts of limited jurisdiction have jurisdiction on a restricted range of cases, primarily lesser criminal and civil matters, including misdemeanors, small claims, traffic, parking, and civil infractions. They are also called inferior courts or lower courts.

At the federal level, appellate courts are most likely to reverse the decision of a lower court when hearing _________ appeals.

nonconsensual Nonconsensual appeals involve major questions of law and policy, and tend to be on issues where there is a large amount of disagreement among the courts and within the legal profession. The probability of reversal is highest in nonconsensual appeals.

Deciding to dismiss a case for lack of evidence before the case comes to trial is an example of _________ discretion.

prosecutorial The prosecutor has considerable decision-making power in the criminal justice system. Before a case comes to trial, the prosecutor may choose to accept a plea bargain, divert the suspect to a social service agency, ask the suspect to seek counseling, or dismiss the case entirely.

The ________ is often one of the most forgotten people in the courtroom.

victim Although the victim may have been significantly affected by the crime and is emotionally committed to the trial proceedings and outcome, he or she may have no direct participatory role in the trial.