Criminal Justice Chapter 9
Under the 10 percent cash bail system, once the individual appears in court, they will receive 10% of the money back. a. True b. False
False
Very few efforts have been made to reform state courts in the twentieth century. a. True b. False
False
The American legal system is based on a passive judge and jury seeking to find the truth as attorneys for each side argue vigorously. a. True b. False
True
The Eighth Amendment to the U.S. Constitution forbids the use of excessive bail. a. True b. False
True
The United States has a dual court system. a. True b. False
True
The bail system discriminates against poor people. a. True b. False
True
The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause. a. True b. False
True
The fragmented structure of state courts is the biggest barrier to effective justice. a. True b. False
True
The geographic territory that defines a court's authority is called jurisdiction. a. True b. False
True
The occupation of "bail bondsman" is a job unique to the United States. a. True b. False
True
The purpose of drug courts is to divert substance abusers away from incarceration. a. True b. False
True
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Why would a local court want to implement a centralized court administration? a. It would avoid problems with jurisdiction. b. It would reduce caseloads. c. It would prevent the political party in power from using those positions as "rewards." d. It would help to eliminate gender and racial bias in hiring.
c. It would prevent the political party in power from using those positions as "rewards."
Which is not a responsibility performed by judges? a. Setting bail b. Issuing search warrants c. Making arrests d. Scheduling hearings
c. Making arrests
In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys? a. Adjudicator b. Administrator c. Negotiator d. Electoral candidate
c. Negotiator
As __________, all judges must deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy. a. negotiators b. adjudicators c. administrators d. enforcers
c. administrators
Most felony arrests are decided by a a. dismissal. b. rejection at screening. c. guilty plea. d. conviction at jury trial.
c. guilty plea.
A court-appointed special advocate is someone who a. serves jury duty. b. acts as a judge in special courts. c. has no official legal training. d. must complete law school before serving.
c. has no official legal training.
Preliminary hearings provide an opportunity for defense attorneys to challenge the prosecution's evidence and make ________ to the court requesting that an order be issued to bring about a specified action. a. objections b. rulings c. motions d. sentences
c. motions
Which is not a goal of a unified court system? a. Eliminating overlapping boundaries b. Creating a hierarchical court structure c. Having courts funded by local government d. Creating a centralized court structure
c. Having courts funded by local government
Which statement best reflects valid criticism of the use of preventive detention? a. It always violates the offender's First Amendment rights. b. It is always used unfairly, particularly for female offenders. c. It is unfair to incarcerate someone when we assume all offenders are innocent until proven guilty. d. The financial costs should not be considered.
c. It is unfair to incarcerate someone when we assume all offenders are innocent until proven guilty.
After a suspect is arrested, he or she can be deprived of freedom, even if a finding of guilty is unlikely. a. True b. False
False
At the heart of reform of state courts is the goal of making the process more complex. a. True b. False
False
It is impossible for a poor person to become a judge. a. True b. False
False
Most criminal cases are heard at the federal level. a. True b. False
False
Most felony cases are disposed of by dismissals. a. True b. False
False
Most felony cases take a year or more to adjudicate. a. True b. False
False
Nonpartisan selection allows the public to choose a judge from a list of candidates. a. True b. False
False
The bail bondsperson is a nonprofit actor within the criminal justice system. a. True b. False
False
The prosecution will use the pretrial time period to introduce motions for lack of evidence or violation of rights. a. True b. False
False
The use of bondsmen is a fairly rare occurrence and becoming rarer. a. True b. False
False
Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money. a. True b. False
False
Trial courts of limited jurisdiction have jurisdiction over all offenses, including felonies and appeals. a. True b. False
False
Appellate courts do not try criminal cases. a. True b. False
True
Both prosecutors and defense attorneys can bring pretrial motions in court proceedings. a. True b. False
True
If an individual cannot make bail, they will be forced to remain in jail until their case is resolved. a. True b. False
True
If the offense is punishable by life imprisonment or death then bail will be denied. a. True b. False
True
Judges have a variety of roles within the judicial system. a. True b. False
True
Judges selected based on merit must eventually face public election. a. True b. False
True
Judges spend significant time as negotiators while working with prosecutors and defense attorneys regarding plea bargaining. a. True b. False
True
Pretrial detention can be a very troubling experience for the defendant. a. True b. False
True
The criterion for deciding whether evidence is strong enough to uphold an arrest is called a. probable cause. b. proof beyond a reasonable doubt. c. preponderance of the evidence. d. reasonable doubt.
a. probable cause.
All courts in the United States use a basic three-tiered structure. a. True b. False
a. True
State courts have huge caseloads. a. True b. False
a. True
Which of the following principles should be used to make bail decisions? a. Accused offenders are entitled to release on their own recognizance. b. Nonfinancial alternatives to bail should be avoided at all costs. c. Reasons for bail decisions must not be made known to the parties involved. d. Review of bail determinations can be made sporadically.
a. Accused offenders are entitled to release on their own recognizance.
Which is true about the bail system? a. Bail is sometimes set before the defendant has an attorney. b. Bail bondspersons cannot deny bail to defendants if they can pay at least 10% of the entire bail amount. c. Police officers are never allowed to influence the bail decision. d. Bail bondspersons are nonprofit employees of the state.
a. Bail is sometimes set before the defendant has an attorney.
__________ had fewer opportunities to enter the legal profession prior to the 1960s and thus were seldom considered for judgeships. a. Women b. Men c. The elderly d. College-educated men and women
a. Women
Judge Brown has been a superior court judge for the past seven years. He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown states that he spends significant hours organizing schedules and budgets. When this occurs, he is assuming the duties of a(n) a. administrator. b. negotiator. c. adjudicator. d. reconciler.
a. administrator.
In the United States, the judicial system operates according to a(n) _______ system of justice. a. adversarial b. inquisitorial c. civil law d. authoritarian
a. adversarial
The amount of ________ is based mainly on the judge's view of the seriousness of the crime and of the defendant's record. a. bail b. court dates c. appearances d. fines
a. bail
A written order or summons, issued by a law enforcement, often directing an alleged offender to appear in court at a specified time to answer a criminal charge is called a a. citation. b. summons. c. warrant. d. preventive assumption.
a. citation.
Trial courts of _________ jurisdiction are criminal courts with jurisdiction over all offenses, including felonies. a. general b. limited c. appellate d. specific
a. general
In the case of United States v. Salerno and Cafero (1987), the Supreme Court decided that the use of preventive detention a. is constitutional. b. violates offenders' constitutional rights. c. is detrimental to offenders at trial. d. is racially biased.
a. is constitutional.
Judge Brown has been a superior court judge for the past seven years. He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown is a judge in superior court. He hears only cases that deal with felonies; therefore, he works in a trial court of ________ jurisdiction. a. limited b. general c. appellate d. district
b. general
Bail is typically determined within 3 hours after the arrest. a. True b. False
b. False
Brady has just been charged with murder in the first degree. His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail. His attorney believes the prosecutor and judge will agree to a 20-year sentence through a plea bargain, which will eliminate the chance of a life sentence.Brady will not be released on bail and will await his trial in jail. His lawyer's request for bail was turned down because a. Brady has no family locally. b. of the murder charge. c. Brady is not parole eligible. d. Brady could not post bail.
b. of the murder charge.
Brady has just been charged with murder in the first degree. His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail. His attorney believes the prosecutor and judge will agree to a 20-year sentence through a plea bargain, which will eliminate the chance of a life sentence. Brady will not be released on bail and will await his trial a. on house arrest. b. on preventive detention. c. on parole. d. in prison.
b. on preventive detention.
What has been referred to as the "ultimate ghetto"? a. American prisons b. American jails c. American courtrooms d. American police departments
b. American jails
Which correctly lists the three levels of state courts? a. Appellate, district, limited jurisdictional b. Appellate, general jurisdiction, limited jurisdiction c. Limited jurisdiction, commercial, appellate d. General jurisdiction, limited jurisdiction, district
b. Appellate, general jurisdiction, limited jurisdiction
___________ is designed to remove politics from the selection of judges and to allow the voters to unseat judges. a. Partisan election b. Merit selection c. Nonpartisan election d. Community endorsement
b. Merit selection
Which is the most likely to occur when a judge assumes the bench? a. Will base decisions on factors other than the law b. Will take a pay cut in order to assume a position on the bench c. Will make more money than the highest-paid private attorneys d. Will go straight from law school directly into a judging career
b. Will take a pay cut in order to assume a position on the bench
The court appearance of an accused person at which the charges are read is called a(n) a. probable cause hearing. b. arraignment. c. grand jury hearing. d. reasonable doubt appearance.
b. arraignment.
Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent. Katie's family most likely would have to consult a _________ in order to post her bond. a. bond hearing b. bail bondsman c. bail enforcer d. bond guard
b. bail bondsman
Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent. Until Katie's family raises her bail, she will remain a. in prison. b. in jail. c. on probation. d. on parole
b. in jail.
Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent. Katie's lawyer files a request to suppress certain details of Katie's alleged involvement in the robbery. The lawyer's request came in the form of a a. bench statement b. motion c. hearing d. disposition
b. motion
Judge Brown has been a superior court judge for the past seven years. He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown spends significant time trying to work out plea agreements between prosecutors and defense attorneys. In this capacity, he works as a(n) a. administrator. b. negotiator. c. adjudicator. d. reconciler.
b. negotiator.
Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent. Katie was charged with armed robbery at which point during the pretrial process? a. Arrest b. Booking c. Arraignment d. Disposition
c. Arraignment
Which types of cases are heard in federal courts? a. Only criminal cases b. Only civil cases c. Both criminal and civil cases d. Only murder cases
c. Both criminal and civil cases
Judge Brown has been a superior court judge for the past seven years. He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown is up for reelection. His political affiliation is not listed on the ballot; therefore, he is running in a(n) _________ election. a. partisan b. adversarial c. nonpartisan d. inquisitorial
c. nonpartisan
The practice by which judges grant releases if the defendant is employed and has roots in the community is called a. citation release. b. preventive detention. c. release on recognizance. d. preventive assumption.
c. release on recognizance.
Brady has just been charged with murder in the first degree. His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail. His attorney believes the prosecutor and judge will agree to a 20-year sentence through a plea bargain, which will eliminate the chance of a life sentence. Brady will await his trial or plea agreement in jail. Which is a characteristic of those he is serving time with? a. They are serving a sentence of more than one year. b. Fellow inmates have not been offered bail. c. They have all been sentenced. d. Waiting trial at a federal court.
d. Waiting trial at a federal court.
U.S. district courts are often referred to as ______ courts. a. appeals b. country c. state supreme d. trial
d. trial
Which of the following is not a factor in how the judge determines a amount of the bail? a. Seriousness of the crime b. Defendant's prior record c. Defendant's family responsibilities d. Admissibility of evidence gathered by the police
d. Admissibility of evidence gathered by the police
Which is not a solution to create a united court system? a. Eliminating overlapping and conflicting jurisdictional boundaries b. Creating a hierarchical and centralized court structure with a chief justice c. Having the courts funded by state government d. Joining both civil and criminal courts together
d. Joining both civil and criminal courts together
Which statement is true regarding working as a judge? a. Judges usually have very low caseloads. b. The typical judge is a white female. c. All judges must have doctoral degrees to sit on the bench. d. Judges are usually able to set their own schedules and work hours.
d. Judges are usually able to set their own schedules and work hours.
Which statements best describes the method of judicial "nonpartisan election"? a. Judges are appointed by the governor. b. Judges are selected by the legislator. c. Judges are first appointed by a commission, then voters approve the appointment later. d. Judges run for election and are not endorsed by political parties.
d. Judges run for election and are not endorsed by political parties.
According to Cole and Smith, what is the biggest barrier to effective justice for state courts? a. Lack of qualified judges b. Too few courthouses c. Not enough police officers d. The fragmented structure of the judicial system
d. The fragmented structure of the judicial system
What is the main purpose of drug courts? a. To mete out harsh punishments to drug offenders b. To teach children about the dangers of drug use c. To bring "drug kingpins" to trial d. To help drug offenders overcome their addictions
d. To help drug offenders overcome their addictions
Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent. Katie's family most likely would have to consult a _________ in order to post her bond. a. bond hearing b. bail bondsman c. bail enforcer d. bond guard
d. bail guidelines.
An application to a court requesting that an order be issued to bring about a specified action is called a a. dismissal. b. rejection at screening c. guilty plea. d. motion.
d. motion.
Holding a defendant for trial, for fear that if the defendant were released on bail he or she might endanger another person or the community, is referred to as a. a citation. b. bail. c. release on recognizance. d. preventive detention.
d. preventive detention.
In 1984, Congress passed the Bail Reform Act, which authorized the use of a. citations. b. 10% cash bail. c. release on recognizance. d. preventive detention.
d. preventive detention.
U.S. district courts exist a. in only the 10 largest states. b. to handle all criminal cases that arise in the country. c. to share appellate responsibilities with state supreme courts. d. to handle trial-level federal cases.
d. to handle trial-level federal cases.
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