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 practice. They were likewise appalled by the violent and
exploitive conditions of reform schools. The fact that orphans were thrown into reform
schools for the uncontrollable circumstance of having no parents shocked the
Progressives’ moral values. Taking up the plight of the children of the urban immigrant
poor, they argued that these children were not bad, but were corrupted by the
environment in which they grew up.
The shift in thinking at the end of 19th century regarding children meant that parents
a. were no longer considered to have sole and exclusive legal responsibility over their
children.
b. were considered to have sole and exclusive legal responsibility over their children.
c. were legally responsible for their children’s behavior.
d. must provide for their children.
CASE 8.3
For most Americans, the judge is the symbol of justice. Of all the actors in the criminal
justice process, the public holds the judge most responsible for ensuring that the system
operates fairly and impartially. And most certainly the trappings of officethe flowing
black robes, the gavel, and the command “All rise!” when the judge enters the
courtroomreinforce this mystique. As important as these symbols are, they sometimes
raise obstacles to understanding what judges actually do and how they influence the
criminal justice process.
Which of the following is not one of the jobs of a judge?
a. conduct hearings.
b. accept pleas.
c. impose sentences.
d. decide whether or not to charge a defendant with a crime.
Juvenile courts differ from adult courts in which of the following ways?
a. they use different terms.
b. they are informal.
c. they are secret.
d. all of these answers are correct.
The Latin term for when a prosecutor dismisses charges is
a. non sequitor
b. writ of certiorari
c. corpus delicti
d. nolle prosequi
In states without intermediate appellate courts, state courts of last resort
a. must hear all criminal appeals.
b. have discretion to hear only the cases they decide are the most important.
c. hear only the most notorious cases.
d. None of these answers is correct.
The federal district courts are the federal ____________________ courts.
a. bankruptcy
b. appellate
c. trial
d. courts of last resort
If the state judicial conduct commissions find merit to the complaint about a judge they
often
a. work informally to correct the problem.
b. work formally to correct the problem.
c. file formal charges.
d. file formal warnings.
In the aftermath of the attacks of September 11, 2001 courts have wrestled with the
issue of:
a. the extension of the use of electronic eavesdropping by police
b. the use of informants in suspected terrorism cases
c. warrantless stop and frisks
d. the use of scientific evidence in criminal trials
Various researchers have found that the passage of speedy trial laws in many states has
led to
a. a much more rapid handling of cases.
b. a decrease in the speed of case flow.
c. little change in disposition time.
d. the hiring of considerably more judges and attorneys.
What type of evidence helped convict Dharun Ravi?
a. blood spatter.
b. fingerprints.
c. social media.
d. DNA.
A count bargain means
a. the defendant’s top charge was reduced to something less severe.
b. the defendant agrees to plead guilty to fewer charges.
c. the defendant agrees to plead guilty in exchange for a lesser sentence.
d. the defendant gets one sentence for multiple charges, instead of consecutive
sentences.
Which of the following is true about celebrated cases?
a. they are atypical.
b. they are typical.
c. they are a good example of how the court operates.
d. all of these answers are true of celebrated cases.
Which of the following is a characteristic of the due process model of criminal justice?
a. Concern for the rights of defendants
b. Efficiency is the main goal
c. Eliminating loopholes for defendants
d. Stress on informal fact-finding
Which of the following is not one of the four types of charging documents?
a. arrest warrant
b. complaint
c. Indictment
d. writ of certiorari
Which of the following is not a common name for a trial court of general jurisdiction?
a. magistrate’s court
b. district court
c. superior court
d. circuit court
Which two Amendments to the U.S. Constitution mention due process?
a. Fifth and Sixth
b. Eighth and Tenth
c. Fifth and Fourteenth
d. Eighth and Fourteenth
CASE 4.1
Just as American law borrowed heavily from English common law, the organization of
American courts reflects their English heritage. But the colonists and later the citizens
of the fledgling new nation that called itself the United States of America adapted this
English heritage to the realities of the emerging nation. Issues such as the clash of
opposing economic interests, the debate over state versus national power, and outright
partisanship have shaped America’s 50 diverse state court systems.
In the colonial courts, each colony modified its court system according to what?
a. local customs
b. patterns of commercial trade
c. different religious practices
d. each colony modified its court system in all of these ways
Which of the following statements is true regarding the U.S. Supreme Court’s decision
in Gideon v. Wainwright?
a. The decision was highly controversial.
b. The Court focused on the need for a lawyer at all stages of the criminal justice
system.
c. The Court decided that judges could not prevent a defendant from bringing a lawyer
to court.
d. The Court declared that lawyers in criminal courts are necessities, not luxuries.
A number of warrant exceptions apply based on the location of the search. Searches in
which of the following locations do not require a search warrant?
a. searches at airports or international borders
b. searches of students in school
c. searches of public employees at their workspaces
d. None of these locations required a search warrant.
In Santobello v. N.Y., the U.S. Supreme Court ruled that what amendment’s right to
effective assistance of counsel applies during plea bargaining?
a. the Eighth Amendment.
b. the Fifth Amendment.
c. the Fourteenth Amendment.
d. the Sixth Amendment.
Which of the following statements is true about preliminary hearings?
a. Defendants who have their cases dismissed at this stage may be recharged by the
prosecutor; a dismissal at this stage does not invoke the constitutional safeguard against
double jeopardy.
b. A preliminary hearing is an informal proceeding conducted in open court.
c. The prosecutor need only show through the standard of “preponderance of the
evidence” that a crime has been committed and that the defendant committed it.
d. If the magistrate decides that the prosecutor established that a crime has been
committed and that the defendant committed it, the defendant will automatically be held
in custody.
Analyze the role of the media in the public’s perceptions of crime and the criminal
justice system. Give examples from both the news and entertainment media.
Which of the following offenders has the right to a trial by jury?
a. an adult offender charged with a petty offense
b. a teenager prosecuted as a juvenile offender
c. a drunk driver facing a term of six months or less in jail
d. none of the these
Which of the following is not true about crime in the United States?
a. The majority of crimes are property crimes.
b. Many crimes are never reported.
c. The police make an arrest in only half the crimes known to them.
d. Approximately 75% of misdemeanor defendants plead guilty at the initial
appearance.
By and large, criminal defendants are:
a. young, poor, uneducated, male and a member of a minority group
b. young, poor, female, and a member of a minority group
c. young, poor, male, minority, and a member of a street gang
d. middle-aged, male, uneducated, and a repeat offender
Factors such as young age, lack of mental capacity, and lower social stability may have
an influence on sentencing and are called
a. mitigating factors.
b. positive and negative sanctions.
c. latent and patent considerations.
d. exacerbating and exculpatory factors.
The Federal Rules of Criminal Procedure and rules governing criminal procedure in
most states require that
a. judges accept Alford pleas.
b. the plea bargain be entered into the record.
c. judges participate in the plea bargaining process.
d. defendants who plea bargain waive their right to be sentenced under sentencing
guidelines.
The most important victim characteristic that influences case processing is
a. the victim’s race.
b. the victim’s age.
c. the victim’s social class.
d. the victim’s relationship with the offender.
Courtroom work groups use “normal penalties” to guide sentencing. What factors are
considered at the sentencing stage?
a. seriousness of the crime, family ties, and defendant’s remorse
b. seriousness of the crime, prior criminal record, and aggravating or mitigating
circumstances
c. seriousness of the crime and aggravating or mitigating circumstances
d. seriousness of the crime and prior criminal record
Criminal trials start with two presumptions: the presumption of innocence and the
presumption of:
a. sanity
b. equality
c. zealous representation
d. judicial activism
CASE 12.1
Some people within the court system are concerned that plea bargaining reduces the
courthouse to a place where guilt or innocence is negotiated like prices in a flea market.
Primarily, though, opposition to plea bargaining reflects different ideological
preferences. What is particularly interesting is that civil libertarians as well as
spokespersons for law and order see plea bargaining as a danger, but often for different
reasons.
Advocates of abolishing plea bargaining ignore what reality of criminal courts?
a. in most cases, the participants do not substantially disagree over the facts.
b. in most cases, the defendants do not want a trial.
c. in most cases, the prosecutors are difficult to work with.
d. in most cases, the judges are difficult to work with.
Which of the following statements is generally true with respect to state attorneys
general?
a. Many choose to emphasize civil litigation since they have limited authority over
criminal matters.
b. Many choose to become involved in large litigation matters such as those against the
tobacco industry and consumer complaints that involve motor vehicles.
c. They have little control over the chief prosecutors at the county level.
d. All of these answers are true.
Discuss the nature of appellate review. Specifically, discuss the functions of appellate
courts and the scope of appellate review.
Potentially exculpatory evidence includes any prior inconsistent statements of
prosecutorial witnesses.
A study conducted in Milwaukee found that fewer than 15 percent of victims and
witnesses were with the handling of their cases by the criminal justice system.
“Judge shopping” rarely occurs in large urban courts.
Crimes fall into three categoriesfelonies, misdemeanors, and ____________________.
A(n) ________________________ prison sentence is one with a minimum and
maximum term.
Crime laboratory results may not be introduced as evidence unless the person
responsible for creating them gives testimony and is subject to cross-examination.
When cases are appealed, appellate court judges may call on witnesses to testify.
When prisons are overcrowded juries may mandate the release of prisoners.
Law is enacted by public officials in a legitimate manner.
If the lower court made a substantial legal error, the appellate court deems it a(n)
_____________________ error.
A judicial order that prohibits persons involved with the case from providing
information to the media is called a ________________________ order.
A petit jury is the jury that hears a criminal trial.
Defense attorneys who have active criminal cases and maintain
____________________ relationships with the prosecutor’s office are commonly
referred to as “gamblers.”
In the crime control model, one goal is to process defendants quickly.
Legislatively altered sentencing structures have had a minimal effect on prison
populations across the United States.
Release on recognizance is one way to secure pretrial release.
Discuss the Progressive and Child Saver Movements and their impact on juvenile
justice.
A possible disposition in the juvenile court is ____________________. With such a
disposition, youth are placed in a residential facility for delinquents or status offenders.
The model of criminal justice believes the death penalty should be abolished because it
is morally wrong for the state to take a life.