America's Courts and the Criminal Justice System 11th Edition

With a "plea on the nose", a defendant a. pleads guilty to the original charge. b. pleads guilty only to the top charge. c. avoids later prosecution for possibly related offenses. d. accepts the maximum sentence. Answer: A Answer: A Answer: A In Ewing v. California (2002), the U.S. Supreme Court upheld the State of California's Three Strikes

Which of the following represents a clear disadvantage of localized control of justice? a. Local courts are closely linked to the people they serve. b. The application of 'state" law often has a local flavor. c. The officials who staff these courts are recruited from the local community they serve and thus reflect the

CASE 17.1 Beginning around 1890, members of the Progressive movement advocated a variety of political, economic, and social reforms. They were genuinely concerned about the economic disparities, social disorders, and excesses of industrialization, particularly as they affected children. Progressives denounced the evils of child labor and pushed for legislation banning the

There are more white offenders on death row than minority offenders. Answer: F Answer: F Answer: F The four most common types of initiatives are: (1) victim/witness assistance programs, (2) victim programs, (3) a victim's bill of rights, and victim impact statements. Answer: compensation Answer: compensation Answer: compensation All persons charged with an offense for which any amount

CASE 17.1 Beginning around 1890, members of the Progressive movement advocated a variety of political, economic, and social reforms. They were genuinely concerned about the economic disparities, social disorders, and excesses of industrialization, particularly as they affected children. Progressives denounced the evils of child labor and pushed for legislation banning the

When studies analyze sentences in terms of the severity of the crime and the defendant's prior record, they generally conclude that sentencing is not characterized by a widespread pattern of . Answer: discrimination Answer: discrimination Answer: discrimination The ____________________ Amendment provides for the right to a speedy and public trial. Answer: Sixth Answer: Sixth Answer: Sixth The Double Jeopardy

Some see the victims' movement as providing much needed support for victims of crime. Others view the victims' movement as manipulating victims by providing a. money but no support b. symbols but no substance c. support but no money d. substance but no symbols Answer: B Answer: B Answer: B Courts can be classified according to their function

CASE 2.2 Uniformed officers are driving a marked car into an area known for heavy drug trafficking, intending to investigate drug activity and anticipating encountering drug customers and lookouts. One officer sees the suspect standing next to a building and holding an opaque bag. The suspect looks in the direction of

Federal judicial appointments must be confirmed by a. the President of the United States. b. the Vice President of the United States. c. members of the U.S. House of Representatives. d. members of the U.S. Senate. Answer: D Answer: D Answer: D CASE 17.2 The nature of the juvenile court process remained unchanged until the 1960s. When the Warren

One type of plea agreement is termed ____________________ bargaining. In return for the defendant's guilty plea, the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed. Answer: charge Answer: charge Answer: charge Describe the four most common ways that defendants can secure pretrial release? Which is the

In what hearing, does the defendant, in open court, admit to the conduct central to the criminality of crimes charged? a. allocution b. Boykin c. disposition d. sentencing Answer: A Answer: A Answer: A Over the past several decades, the composition of the bench has become a. more diverse. b. more white. c. less diverse. d. more male dominated. Answer: A Answer: A Answer: A How

CASE 13.1 Throughout most of our nation's history, the three broad constitutional provisions dealing with trial by jury had little applicability in state courts. The U.S. Constitution applied only to trials in federal courts. These practices changed dramatically, however, when the Supreme Court decided Duncan v. Louisiana (1968), ruling that the

The results of the most recent and methodologically sophisticated studies provide evidence that the contemporary sentencing process is not racially neutral. Answer: T Answer: T Answer: T The standard of proof for the government prosecutor under the adversary system is beyond a reasonable doubt. Answer: T Answer: T Answer: T In recent years, state supreme courts have become

The Victim and Witness Act, a federal law passed in 1982, required greater protection of victims and witnesses and also mandated guidelines for the fair treatment of victims and witnesses in federal criminal cases. Answer: Protection Answer: Protection Answer: Protection Part of the reason for the breakdown of trust between the client and the

The due process model of criminal justice believes the death penalty should be abolished because a. it is morally wrong for the state to take a life. b. it is legally wrong for the state to take a life. c. it is emotionally wrong for the state to take a life. d. it is

Tort law includes any wrong, hurt, or damage done to a person's rights, body, reputation, or property. Answer: T Answer: T Answer: T Most trial courts of limited jurisdiction are created, funded, and operated by the state. Answer: F Answer: F Answer: F The plain view doctrine has been expanded to cover other senses, such as "plain smell." Answer:

Punishments between ordinary probation and jail or prison are termed _________________________ sanctions. Answer: intermediate Answer: intermediate Answer: intermediate The rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights. Answer: exclusionary Answer: exclusionary Answer: exclusionary The U.S. Supreme Court has emphasized that racial discrimination in the imposition

Homicides are usually committed by someone the victim knows by sight; in fact, the victim and the perpetrator are strangers in less than 15 percent of all murders. Answer: T Answer: T Answer: T A defendant will be asked to enter a plea to the charges at arraignment. Answer: T Answer: T Answer: T Discuss the customary steps

The criminal lawyer's most important commodity in securing clients is his or her reputation. Answer: T Answer: T Answer: T In the modern era, both the prosecution and the defense often try their cases in the press before a jury is picked. For this reason, judges often impose a ____________________ on high-profile cases. Answer: gag order Answer:

Which of the following are negative consequences of delay in the courts? a. Delay works to the disadvantage of the prosecutor. b. Delay works to the advantage of the judge. c. Delay jeopardizes the rights of defendants. d. All of these are negative consequences of delay in the courts. Answer: C Answer: C Answer: C Of the following,

As civil law is set up to settle disputes between individuals, is it proper for the government to use civil law to deter violations of criminal law, like drug dealing (e.g., using public nuisance laws to condemn abandoned houses used by drug dealers)? Answer: Students answers will vary, but should include a

In states without intermediate appellate courts, state courts of last resort must hear all criminal . Answer: appeals Answer: appeals Answer: appeals Explain the historical evolution of the federal courts into their present structure and operations, including the debate over states' rights versus federalism. Answer: Anti-Federalists debated Federalists about whether there should be a federal

Researchers estimate that more than half of all major crimes are never reported to the police. Answer: T Answer: T Answer: T The "law in action" related to discovery is that prosecutors reveal information about their case to the defense in order to obtain a ____________________. Answer: guilty plea Answer: guilty plea Answer: guilty plea The ________________ has

The U.S. Supreme Court and state supreme courts can largely select which cases they want to hear. Answer: T Answer: T Answer: T The doctrine of stare decisis ("let the decision stand") precludes judges from overturning previous decisions. Answer: F Answer: F Answer: F The federal government enacted the ______________________ Protection Act of 2004, which expands judicial review of

Joe Smith suffers from paranoid schizophrenia. He has been under a doctor's care for ten years, but often stops taking his medication because he thinks he's cured. While off his medication, Joe steals a car to "escape from a CIA hit man," accidentally running over and seriously injuring a pedestrian

During a hearing on motions, the defense attorney usually bears the burden of proving that the search was illegal or that the confession was coerced. Answer: pretrial Answer: pretrial Answer: pretrial Sentencing _____________________ exists when some illegitimate attribute is associated with sentencing outcomes after all legally relevant variables have been taken into consideration. Answer: discrimination Answer: discrimination Answer:

With regard to a written product, a recording, or a photograph, the best-evidence rule means that only a. non-hearsay evidence may be used. b. judicial notice must be given to make the evidence admissible. c. only expert witnesses may give opinions. d. the original is generally required. Answer: D Answer: D Answer: D The Uniform Crime Report's Type

Contrast the roles of trial and appellate courts. Answer: Most courts are trial courts. This is where trials are held, jurors are sworn, and witnesses are questioned. Trial courts are divided into major and lower courts. In lower courts, minoroffenses are tried in front of a judge and the initial stages

In ____________________ the Court ruled that prosecutors enjoy only qualified immunity from civil lawsuits for actions taken during criminal investigations and statements made during news conferences. a. Berger v. United States b. Buckley v. Fitzsimmons c. Burns v. Reed d. Kalina v. Fletcher Answer: B Answer: B Answer: B After booking, arrestees will be brought before a judge

The presumption is that the adjudication process is characterized by an adversarial model. The is that the courtroom work group has a mutual interest in processing large numbers of cases expeditiously. Answer: reality Answer: reality Answer: reality Explain the difference between vertical and horizontal assignment of cases to prosecutors. Answer: Horizontal case assignment is typical

Formal methods for removing unfit judges include which of the following? a. impeachment proceedings b. recall elections c. impeachment proceedings and recall elections d. impeachment proceedings, recall elections, and judicial conduct commissions Answer: C Answer: C Answer: C One of the alternatives to institutional incarceration is intermediate sanctions. According to the chapter, intermediate sanctions include a. restitution b. All of

What are important because they provide necessary boundaries on conflict represented by the adversary system? a. courtroom workgroups b. defense attorneys c. bail bondsmen d. legal ethics Answer: D Answer: D Answer: D During trials, attorneys must make timely objections to judge's rulings on points of law, or the objection will be deemed waived. What is the name

CASE 1.1 The creation of "designer drugs" is outpacing the ability of society to enact laws to prohibit them. Many of these substances have negative side effects, ranging from violent behavior to death. Which of the following responses to the problem would best fit the "crime control" philosophy? a. Government takes steps to

A prisoner _____________ is a civil lawsuit filed by an inmate alleging violations of his or her rights. Answer: petition Answer: petition Answer: petition A guilty plea requires a defendant's waiver of a number of important rights. Answer: T Answer: T Answer: T Explain and discuss sentencing guidelines. What is their purpose and what has been their impact? Answer:

In some states, judges are appointed by the state legislature. Answer: T Answer: T Answer: T A state attorney general typically exercises great authority over local criminal proceedings. Answer: F Answer: F Answer: F Grand juries often function as a rubber stamp for prosecutors. Answer: T Answer: T Answer: T Describe the four problem areas facing the lower courts in the United

The doctrine bars derivative evidence unless the evidence is so far attenuated from the constitutional violation that its use would not offend due process. Answer: fruit of the poisonous tree Answer: fruit of the poisonous tree Answer: fruit of the poisonous tree Impeachment does not mean conviction, but rather allegations of wrongdoing. Answer: T Answer: T Answer:

Most state judges are appointed by the President and confirmed by the Senate. Answer: F Answer: F Answer: F Law in approaches to solving the problem of delay can prove effective because they focus on coordinating the activities of the key actors in the courthouse. Answer: action Answer: action Answer: action What are the different ways that a

High courts of last resort accept only cases that present significant public policy questions. Answer: T Answer: T Answer: T Both the adult criminal justice system and the juvenile justice system provide defendants a right to a trial by jury. Answer: F Answer: F Answer: F The overwhelming majority of all state and federal felony convictions are obtained

CASE 7.2 Is it enough to have a lawyer? Must the lawyer also be competent and effective? The Supreme Court has recognized the effective assistance of counsel as essential to the Sixth Amendment guarantee (McMann v. Richardson 1970). The Court's most significant holding regarding the effective assistance of counsel came in

The protection of Fifth, Sixth, and Fourteenth Amendment rights during a legal proceeding is commonly referred to as _____________________. Answer: due process Answer: due process Answer: due process "Law on the books" is found in the Constitution, legislative statutes, administrative rules and regulations, and court opinions. Answer: T Answer: T Answer: T The victims' movement is seen as

A key characteristic of the common law is the use of , often referred to as stare decisis. Answer: precendent Answer: precendent Answer: precendent Judges sometimes consider ______________________ investigation reports when deciding on a sentence. Answer: presentence Answer: presentence Answer: presentence A judge's office is commonly referred to as ____________________. Answer: chambers Answer: chambers Answer: chambers Explain the difference between the

Wrongful convictions have resulted from which of the following? a. hair microscopy b. serology c. fingerprinting d. All of these have contributed to wrongful convictions Answer: C Answer: C Answer: C The primary justification for providing constitutional safeguards in the criminal justice process is to ensure that: a. innocent persons are not harassed or wrongly convicted b. the guilty are

Which Supreme Court decision limited the right of non-felony defendants to have court-appointed counsel? a. Argersinger v. Hamlin b. Faretta v. California c. Strickland v. Washington d. Gideon v. Wainwright Answer: A Answer: A Answer: A One of the most frustrating aspects of being a judge is the a. heavy caseload. b. administrative problems. c. heavy caseload and administrative problems. d. None

Jury consultants use information they gather to design questionnaires to be administered to the potential jurors in an actual case. Answer: T Answer: T Answer: T A criminal defendant who files a postconviction attack on the judgment will file a civil action. Answer: T Answer: T Answer: T Many judges say that sentencing is the most difficult part of

To be criminal, an act must be voluntary. Answer: T Answer: T Answer: T Selective incorporation refers to the application of certain provisions of the Bill of Rights to the states through the Fourteenth Amendment. Answer: T Answer: T Answer: T Self-representation is a rare occurrence. Answer: T Answer: T Answer: T Most felony crimes are for nonviolent offenses. Answer: Answer: Answer: T T T What

A Batson challenge, derived from the U.S. Supreme Court's ruling in Batson v. Kentucky, alleges what? a. that the prosecutor or defense attorney is exercising his/her peremptory challenges to exclude jurors solely on the basis of their race. b. that the prosecutor or defense attorney has exceeded his/her limited number of

One of the most fundamental rights, enumerated in the Sixth Amendment, granted to those accused of violating the criminal law is __________________. Answer: trial by jury Answer: trial by jury Answer: trial by jury The ___________________ or paternalism hypothesis suggests that women will generally get more lenient treatment in the criminal justice system than

Findings from the National Crime Victimization Survey indicate that what percent of violent crimes are reported to the police? a. about 30 percent b. only half c. about 70 percent d. close to 90 percent Answer: B Answer: B Answer: B Which of the following is consistent with court unification? a. Judges may be temporarily assigned to other courts

CASE 14.3 In Trop v. Dulles (1958), the Supreme Court explained that the scope of the Cruel and Unusual Punishments Clause of the Eighth Amendment to the U.S. Constitution is not static, but rather should be interpreted on the basis of "evolving standards of decency in a maturing society" (p. 101).

The ____________________ Amendment states that "in all criminal prosecutions the accused shall enjoy the right to have assistance of counsel for his defense." Answer: Sixth Answer: Sixth Answer: Sixth Defense attorneys are the __________________ powerful members of the courtroom work group. Answer: least Answer: least Answer: least One of the four major problems confronting the lower courts is