America's Courts and the Criminal Justice System 12th Edition

One of the five major areas of civil law is domestic relations law. Answer: T Answer: T Answer: T Brady material consists of any exculpatory material that the prosecutor has and must be turned over to the defense prior to trial. Answer: F Answer: F Answer: F Searches conducted at any _____ border do not require a warrant. Answer:

Severe defects in trial proceedings that require reversal of a conviction and remand for a new trial in order to avoid a miscarriage of justice are called a. plain error b. harmless error c. reversible error d. none of these answers is correct Answer: A Answer: A Answer: A In what case did the Court hold that a

The second step in jury selection is the drawing of the _____. Answer: venire Answer: venire Answer: venire Case scheduling is a simple process. Answer: F Answer: F Answer: F Victim/witness _____ programs are designed to help better navigate the court process. Answer: Assistance Answer: Assistance Answer: Assistance Defendants will opt for a trial if a prison sentence may be high. Answer: Answer:

Which of the following statements is true about drug courts? a. The first drug court was in New York City. b. These courts assume that treatment will reduce the likelihood that convicted drug offenders will reoffend. c. Judges who oversee these courts take a "hands-off" approach to offender monitoring. d. These courts emphasize the

1 Chapter 1 COURTS, CRIME, AND CONTROVERSY TEST BANK MULTIPLE CHOICE 1. The most influential actor in the courthouse is the: a. judge c. clerk of court b. defense attorney d. prosecutor ANS: D REF: Identifying the Actors in the Courthouse OBJ: 3 Blooms:

192 ANS: C REF: The Criminal Justice Wedding Cake OBJ: 10 KEY: Blooms: Remember 192 ANS: C REF: The Criminal Justice Wedding Cake OBJ: 10 KEY: Blooms: Remember 192 ANS: C REF: The Criminal Justice Wedding Cake OBJ: 10 KEY: Blooms: Remember Chapter 10 ARREST

235 Chapter 11 DISCLOSING AND SUPPRESSING EVIDENCE TEST BANK MULTIPLE CHOICE 1. The U.S. Supreme Courts ruling in Brady v. Maryland prevents the suppression of what type of evidence? a. Incriminating c. Exculpatory b. Exclamatory d. Confessions ANS: C REF: Discovery OBJ: 3 KEY:

261 ANS: B REF: Law in Action: Bargaining and Discretion OBJ: 2 KEY: 261 ANS: B REF: Law in Action: Bargaining and Discretion OBJ: 2 KEY: 261 ANS: B REF: Law in Action: Bargaining and Discretion OBJ: 2 KEY: Chapter 12 NEGOTIATED JUSTICE AND THE PLEA OF

283 Chapter 13 TRIALS AND JURIES TEST BANK MULTIPLE CHOICE 1. Pretrial publicity can taint a jury pool. What process is supposed to screen out potential jurors who have been tainted? a. venire c. voir dire b. objections d. venue ANS: C REF:

312 Chapter 14 SENTENCING OPTIONS TEST BANK MULTIPLE CHOICE 1. Only by locking him up and throwing away the key can we assure that he wont be able to rape another woman. That statement best matches which of the following purposes of punishment?

348 14. Researchers find that urban courts make greater use of probation and shorter prison terms than their rural counterparts. ANS: T REF: Differences in Sentencing Outcomes OBJ: 5 KEY: Blooms: Remember ANS: T REF: Differences in Sentencing Outcomes OBJ: 5 KEY: Blooms: Remember ANS: T REF:

337 ANS: B REF: Differences in Sentencing Outcomes OBJ: 4 KEY: Blooms: Remember 337 ANS: B REF: Differences in Sentencing Outcomes OBJ: 4 KEY: Blooms: Remember 337 ANS: B REF: Differences in Sentencing Outcomes OBJ: 4 KEY: Blooms: Remember Chapter 15 SENTENCING DECISIONS TEST BANK

359 ANS: C REF: Nature of the Appellate Process OBJ: 5 KEY: Blooms: Remember 359 ANS: C REF: Nature of the Appellate Process OBJ: 5 KEY: Blooms: Remember 359 ANS: C REF: Nature of the Appellate Process OBJ: 5 KEY: Blooms: Remember Chapter 16 APPELLATE AND

402 ANS: A REF: Transfer to Adult Court OBJ: 3 KEY: Blooms: Remember 402 ANS: A REF: Transfer to Adult Court OBJ: 3 KEY: Blooms: Remember 402 ANS: A REF: Transfer to Adult Court OBJ: 3 KEY: Blooms: Remember Chapter 17 JUVENILE COURTS TEST BANK

20 ANS: B REF: Effects of Criminal Law on the Courts OBJ: 8 KEY: Blooms: Remember 20 ANS: B REF: Effects of Criminal Law on the Courts OBJ: 8 KEY: Blooms: Remember 20 ANS: B REF: Effects of Criminal Law on the Courts OBJ: 8 KEY: Blooms:

41 ANS: A REF: Basic Principles of Court Organization OBJ: 2 KEY: Blooms: Remember 41 ANS: A REF: Basic Principles of Court Organization OBJ: 2 KEY: Blooms: Remember 41 ANS: A REF: Basic Principles of Court Organization OBJ: 2 KEY: Blooms: Remember Chapter 3 FEDERAL

63 Chapter 4 STATE COURTS TEST BANK MULTIPLE CHOICE 1. Which of the following is not an essential element of therapeutic jurisprudence? a. immediate intervention c. treatment programs b. hands-on judicial involvement d. adversarial adjudication ANS: D REF: Problem-Solving Courts OBJ: 8 KEY:

82 Chapter 5 THE DYNAMICS OF COURTHOUSE JUSTICE TEST BANK MULTIPLE CHOICE 1. The _____ is responsible for transporting detained defendants from the jail to the courthouse. a. bailiff c. sheriffs deputy b. bail bondsman d. clerk of court ANS: C REF: The Courthouse

103 Chapter 6 PROSECUTORS TEST BANK MULTIPLE CHOICE 1. The office of the prosecutor is in which branch of government? a. Executive c. judicial b. Legislative d. administrative ANS: A REF: Role of the Prosecutor OBJ: 1 KEY: Blooms: Remember ANS: A REF:

125 ANS: C REF: The Right to Counsel OBJ: 1 KEY: Blooms: Remember 125 ANS: C REF: The Right to Counsel OBJ: 1 KEY: Blooms: Remember 125 ANS: C REF: The Right to Counsel OBJ: 1 KEY: Blooms: Remember Chapter 7 DEFENSE ATTORNEYS

148 Chapter 8 JUDGES TEST BANK MULTIPLE CHOICE 1. What is one of the most frustrating aspects of being a judge? a. heavy caseloads b. administrative problems c. heavy caseloads and corresponding administrative problems d. working with the courtroom work group ANS: C

170 ANS: C REF: Characteristics of Defendants OBJ: 2 KEY: Blooms: Remember 170 ANS: C REF: Characteristics of Defendants OBJ: 2 KEY: Blooms: Remember 170 ANS: C REF: Characteristics of Defendants OBJ: 2 KEY: Blooms: Remember Chapter 9 DEFENDANTS, VICTIMS, AND WITNESSES TEST BANK

Explain the difference between vertical and horizontal assignment of cases to prosecutors. Answer: Horizontal case assignment is typical in large prosecutors' offices. With horizontal case assignment, a prosecutor (or deputy prosecutor) is assigned a specific court function. For example, he/she may be assigned only to initial appearances or to preliminary

Most state judges are appointed by the President and confirmed by the Senate. Answer: F Answer: F Answer: F 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 U.S. Supreme Court is an

CASE 6.1 The U.S. Attorneys serve as the nation's principal litigators under the direction of the attorney general. One U.S. Attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where one serves both districts. Each U.S. Attorney is the chief federal law

Courts can be classified according to their function (rather than jurisdiction) into: a. local, state, and federal courts b. substantive and procedural c. national and multinational courts d. trial and appeals courts Answer: D Answer: D Answer: D Which participants in the criminal justice system have traditionally been forgotten? a. Defendants b. Victims and witnesses c. Defense attorneys d. Members of juries Answer:

Who are the courtroom workgroup members? Why is it important that the members of the courtroom workgroup cooperate with each other? Answer: Judges, prosecutors, and defense attorneys are representatives from separate, independent sponsoring institutions. They are drawn together by a common task. As a result, courthouse regulars work together cooperatively

_____ jury review is required in all federal felony prosecutions. Answer: Grand Answer: Grand Answer: Grand Reverse waivers allow a juvenile to _____ the criminal court to transfer jurisdiction to a juvenile court. Answer: petition Answer: petition Answer: petition Most assistant district attorneys are hired _____ after graduation from law school. Answer: immediately Answer: immediately Answer: immediately There may be as many as

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 punished c. society administers justice to the accused d. convictions are not overturned on appeal Answer: A Answer: A Answer: A Which of the following court participants is supposed

As prosecutorial dominance increased in the United States, the power of victims declined. Answer: T Answer: T Answer: T _____ sentencing laws require that offenders convicted of certain offenses must be sentenced to a prison term of not less than a specified period of years, and non-prison sentences (such as probation) are expressly precluded. Answer:

Original and appellate jurisdiction fall under what classification of jurisdiction? a. geographical jurisdiction b. subject matter jurisdiction c. hierarchical jurisdiction d. general jurisdiction Answer: C Answer: C Answer: C Which of the following states does not have any trial courts of limited jurisdiction? a. California b. New York c. Texas d. Ohio Answer: A Answer: A Answer: A Which of the following is not true of

Supporters of the Due Process Model worry that plea bargaining may undercut protections afforded individuals in our adversary system. Answer: T Answer: T Answer: T Some states have two courts of last resortone for civil appeals and another for criminal appeals. Answer: T Answer: T Answer: T One of the most fundamental protections recognized in the American criminal

Juveniles were denied the right to a jury trial by the Supreme Court in 1971 in what case? a. McKeiver v. Pennsylvania b. O"Connor v. Pennsylvania c. Pittman v. Pennsylvania d. Solis v. Pennsylvania Answer: A Answer: A Answer: A The traditional legal rule regarding confessions is that confessions a. may be physically coerced. b. must

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 Contrast the due process and crime control models of criminal Answer: The crime control

Once a not guilty verdict is returned the prosecutor cannot _____ the acquittal. Answer: appeal Answer: appeal Answer: appeal The three major reasons for case attrition are: (1) legal judgments, (2) policy priorities, and (3) personal standards of justice. Answer: T Answer: T Answer: T Before jury deliberations the judge _____ the jury with regard to the applicable

What is an Alford plea? Explain what it is, whether or not it is constitutional, and why this type of plea has its critics. Answer: An Alford plea occurs when a defendant pleads guilty but still claims his/her innocence. The Supreme Court ruled that such a plea could be accepted

CASE 6.1 The U.S. Attorneys serve as the nation's principal litigators under the direction of the attorney general. One U.S. Attorney is assigned to each of the judicial districts, with the exception of Guam and the Northern Mariana Islands, where one serves both districts. Each U.S. Attorney is the chief federal law

Judge who disagree with the majority opinion in an appeal may write a dissenting opinion. Answer: T Answer: T Answer: T In some cases, the fruit of the poisonous tree doctrine bars _____ evidence. Answer: derivative Answer: derivative Answer: derivative Juvenile court proceedings emphasize informality. Answer: T Answer: T Answer: T The defense has the opportunity to _____ each of the prosecution's

To gain a potential advantage in plea bargaining, prosecutors sometimes a. deliberately overcharge. b. waive grand jury review. c. demand a preliminary hearing. d. refuse to take Alford pleas. Answer: A Answer: A Answer: A A basic principle of U.S. law is that the losing party has the right to a. one appeal b. no appeal c. two appeals d. as many

What were the main objectives of changes in sentencing structures beginning in the 1960s? What were the major consequences of these changes? Answer: During the late 1960s and early 1970s, an unusual political coalition developed between liberals and conservatives. Both sides found considerable fault in existing sentencing practices. Liberals and

What rule prohibits the prosecutor from using illegally obtained evidence during a trial? a. the exclusionary rule. b. the discovery rule. c. the alibi rule. d. the suppression rule. Answer: A Answer: A Answer: A A common civil remedy used in drug cases is: a. writ of habeas corpus b. mandatory minimum sentences c. asset forfeiture d. declaratory damages Answer: C Answer: C Answer:

The importance of the Supreme Court is measured in terms of: a. the cases it does not hear. b. the sheer volume of cases that they are required to hear each year. c. the wide-ranging impact their decisions have on all stages of the process. d. none of these answers is correct Answer: C Answer: C Answer:

American prison populations have been leveling off since 1995. Answer: F Answer: F Answer: F Lawyers must assert valid defense and ensure _____. Answer: confidentiality Answer: confidentiality Answer: confidentiality The principal objective of a _____ court system is a shift in judicial administration from local control to centralized management. Answer: unified Answer: unified Answer: unified Prosecutors enjoy absolute immunity from civil lawsuits when

A successful mistake of fact defense negates the _____ of the crime with which the defendant is charged. Answer: mens rea[/cpmembership] Answer: mens rea[/cpmembership] Answer: mens rea[/cpmembership] The organization of courts in the United States impacts case processing. Answer: T Answer: T Answer: T What are the most recent changes by the U.S. Supreme Court

Which of the following is not one of the justice professionals in the courthouse? a. social services personnel b. prosecutors c. judges d. police Answer: A Answer: A Answer: A The principal weakness of the excessive caseload hypothesis, in plea bargaining, is what assumption? a. a purely mechanical process b. a stagnant process c. a dynamic process d. a courtroom work group

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 In the bifurcated process used in death penalty cases, during the first phase of the trial the jury considers only guilt or innocence. Answer: T Answer: T Answer: T The Uniform

Proponents of the _____ Model of criminal justice argue that children who commit crimes should be punished as adults. Answer: Crime Control Answer: Crime Control Answer: Crime Control The use of precedent promotes fairness and consistency. Answer: T Answer: T Answer: T The "law in action" represents an idealized view of law, one that stresses an abstract set

Many defendants view the public defender as similar to what other courtroom actor? a. The judge b. the bailiff c. the victim d. the defendant Answer: D Answer: D Answer: D What effect can the exclusionary rule have on the prosecutor when questions of the constitutionality of a search and seizure arise in a case? a. such questions have

Criminal trials start with two presumptions: the presumption of innocence and the presumption of a. sanity b. Fairness c. reasonable doubt d. justice Answer: A Answer: A Answer: A Around ninety percent of felony convictions result from: a. a plea bargain b. a trial by jury c. a bench trial d. a preliminary hearing Answer: A Answer: A Answer: A What type of evidence is used

What Amendment gives a criminal defendant the privilege not to testify at trial? a. 4th b. 5th c. 6th d. 7th Answer: B Answer: B Answer: B 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 of the

When prosecutors are not acting as the government's advocate in some judicial phase of the criminal justice process they enjoy only qualified immunity for their actions. Answer: T Answer: T Answer: T Assistant prosecutors are often judged not on how many cases they win, but on how few they ____. Answer: lose Answer: lose Answer: lose The three major

Some proponents of the crime control model of criminal justice go as far as to argue that it is time to abolish the juvenile court altogether. Answer: T Answer: T Answer: T Prohibition on conduct that brings the judicial office into disrepute is a requirement of canons of judicial ethics. Answer: T Answer: T Answer: T Compared to

In the courtroom work group, the judge generally knows less about the case than the attorneys. Answer: T Answer: T Answer: T SVU often bases its storylines on real cases. Answer: T Answer: T Answer: T _____ are conclusions or deductions that can be made based on the facts that have been established by the evidence. Answer: Inferences Answer: Inferences Answer:

What prompted the passage of the Victim and Witness Protection Act? In what way(s) did the Act help victims and witnesses? Answer: Public and governmental concern over the plight of victims has prompted numerous piecesof legislation. The Victim and Witness Protection Act, a federal law passed in 1982, required greater

Assistant district attorneys spend most of their time not in the central office but in the ____. Answer: courtroom Answer: courtroom Answer: courtroom Changes in sentencing structure since the 1960s have resulted in a major increase in the number of persons in prison in the United States. Answer: T Answer: T Answer: T Much scholarly research has demonstrated

Which of the following actors would be in favor of broader discovery laws? a. prosecutors b. judges c. defense attorney d. police officers Answer: C Answer: C Answer: C An advantage to the public defender system is that a. it likely provides more experienced counsel. b. excellent private attorneys may be appointed. c. legal fees are kept down because attorneys compete

The three major agencies involved in prosecution in state courts are the state attorney general, the chief prosecutor and the a. local prosecutor b. federal attorney general c. solicitor general d. defense attorney Answer: A Answer: A Answer: A CASE 3.1 The founding fathers engaged in a vigorous debate over whether there should be a federal court system separate

What factor(s) affect the availability of lawyers to represent defendants in major cities? a. low status b. difficulty in securing clients c. low fees d. all of these answers are correct Answer: A Answer: A Answer: A What happens when victims a. lack of cooperation b. they don"t like victims c. they deserve d. Researchers consistently find that victims who receive help

The "trial" to determine whether a youth is guilty or not guilty is called what in juvenile court? a. initial hearing b. detention hearing c. adjudicatory hearing d. conference hearing Answer: C Answer: C Answer: C Which of the following is not a traditional aspect of juvenile court proceedings? a. informal proceedings b. proceedings that are open to the public c. proceedings

What types of evidence must always be turned over by the prosecutor to the defense in virtually all jurisdictions? a. all open files of any type b. all exculpatory evidence and all impeachment evidence c. all witness statements d. all statements made by the defendant Answer: B Answer: B Answer: B The _____ is responsible for transporting detained

Jury _____ use social science research to _____ jurors. Answer: profile Answer: profile Answer: profile The UCR is based on crimes reported to police. Answer: T Answer: T Answer: T The collection of certain debts owed the federal government is one of the responsibilities of ____. Answer: U.S. attorneys Answer: U.S. attorneys Answer: U.S. attorneys Use immunity provides more protection for the

What statements consist of written or oral information about the impact of crime on the victim and the victim's family? a. victim impact statements b. victim testimony c. eyewitness testimony d. circumstantial evidence Answer: A Answer: A Answer: A Courts of therapeutic jurisdiction do not include which of the following? a. drug courts b. courts of last resort c. domestic violence

In recent years, state high courts have become important _____. Answer: policymakers Answer: policymakers Answer: policymakers Victim cooperation with the prosecution dramatically _____the odds that a case will be prosecuted. Answer: increases Answer: increases Answer: increases The _____ branch of government controls the length of the prison term. Answer: Executive Answer: Executive Answer: Executive _____ courts are divided into major and lower

Victim/witness _____ programs encourage cooperation in the court process by reducing inconveniences faced by citizens appearing in court. Answer: assistance Answer: assistance Answer: assistance The clerk of court is responsible for maintaining order in the courtroom. Answer: F Answer: F Answer: F The three major methods of judicial selection include _____, judicial elections, and merit selection. Answer: executive appointment Answer: executive

Closed discovery encourages a. plea-bargains. b. jury trials. c. trials without a jury. d. guilty pleas. Answer: C Answer: C Answer: C CASE 1.3 As a result of increased enforcement efforts, the courts and correctional facilities are inundated with mostly low-level drug offenders. Public support of the newest campaign in the war on drugs is starting to wane as increasing

CASE 16.2 Criminal appeals are generally routine because they seldom raise meritorious issues (Primus, 2007; Wold & Caldeira, 1980). Current standards of effective assistance of counsel often force lawyers to appeal, no matter how slight the odds of appellate court reversal. As a result, a significant number of criminal appeals lack

Overall, states in the western region of the United States impose the harshest punishments for crime. Answer: F Answer: F Answer: F Brief, limited investigative detentions ('stop and frisk") are also known as _____ stops as a result of the landmark Supreme Court decision authorizing them. Answer: Terry Answer: Terry Answer: Terry Status offenses involve acts that are

Trial courts of _____ jurisdiction are commonly referred to as major trial courts. Answer: general Answer: general Answer: general According to the wedding cake model, the top layer of the criminal justice system consists of _____ cases. Answer: celebrated Answer: celebrated Answer: celebrated Evidence of racial imbalance in prison populations is not evidence of racial discrimination in the

In the United States, separate systems of federal courts and state courts exist. Answer: T Answer: T Answer: T The race of the offender and victim is less important in sentencing the race of the offender alone. Answer: F Answer: F Answer: F The major alternatives to imprisonment include probation; fines; restitution; and intermediate sanctions. Describe each of