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.
Within a generation, many of the social forces unleashed by the Progressives would
lead to
a. prohibition.
b. World War I.
c. a new era in corrections.
d. none of these answers is correct.
The most important factor in setting normal penalties is the
a. seriousness of the offense.
b. prior record of the offender.
c. persuasiveness of the prosecutor.
d. skill of the defense attorney.
Members of the courtroom work group become frustrated when victims and witnesses
a. do not cooperate.
b. are intimidated by the defendant’s friends.
c. are intimidated by the defendant
d. all of these answers are correct.
CASE 11.2
A search warrant is a written document, signed by a judge or magistrate, authorizing a
law enforcement officer to conduct a search. The Fourth Amendment specifies that “no
Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched and the Persons or things to be seized.”
In light of the plain language of the Fourth Amendment, search warrants issued by a
neutral judicial officer are the preferred mechanism for authorizing and conducting
searches and seizures in the United States.
Regardless of the area or persons to be searched, a few general rules must be followed
during the execution of a search warrant. Which of the following is notone of those
rules?
a. Search warrants must be executed in a timely manner.
b. The scope of law enforcement activities during the execution of the warrant must be
strictly limited to achieving the objectives that are set forth with particularity in the
warrant.
c. Search warrants can be executed at any time of day.
d. Law enforcement officers are generally required to knock-and-announce their
presence, authority, and purpose before entering premises to execute a search warrant.
A _____________ court system has a coherent hierarchy with authority concentrated in
the state capital.
a. structured
b. systematic
c. complex
d. unified
Court reformers recommend that juvenile court be part of
a. family court
b. civil court
c. trial court
d. adult court
In what ways does community prosecution differ from a traditional prosecutor’s
approach?
a. The two really do not differ, because they both react to crime though prosecution.
b. Community prosecution stresses a proactive approach at the local level with a
specific focus on crime prevention and flexibility.
c. Community prosecution is guided by clear cut procedures that uniformly apply to all
neighborhoods.
d. Prosecutorial dictates are the norm in a community prosecution model.
The Solicitor General’s Office generally requests Supreme Court review only in cases
with a high degree of significance and
a. in which the government is a party.
b. in which the government has a reasonable legal argument.
c. in which a violation of the U.S. Constitution is believed to have occurred.
d. in which a federal employee is involved.
In the work of Flemming (1990), what label is given to district attorneys who are very
dissatisfied with the status quo and are prepared to battle to change it? They do not shy
away from open conflict, nor do they hesitate to challenge the courthouse community in
pursuit of their goals.
a. office conservators
b. courthouse insurgents
c. revolutionaries
d. policy reformers
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
Researchers agree that law in action approaches to court delay are
a. less effective than law on the books approaches.
b. more effective than law on the books approaches.
c. equally effective as law on the books approaches.
d. not comparable to law on the books approaches.
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 substantial merit. For
example, of the roughly 5,125 written dispositions in criminal appeals filed by
defendants in the California Court of Appeals in 2010, the court reversed only 226 (4%)
convictions (Judicial Council of California, 2011). Why do criminal appeals rarely
succeed? First, the appellate standards of review applicable to most decision-making
during criminal trials are highly deferential to trial court outcomes (Primus, 2007).
Second, appellate courts often find that no reversible error was committed during the
trial court proceedings.
What defendants did Neubauer (1991) find were most likely to win on appeal?
a. defendants convicted of nonviolent offenses and who received a relatively lenient
sentence.
b. defendants convicted of violent offenses and who received a relatively lenient
sentence.
c. defendants convicted of nonviolent offenses and who received a relatively harsh
sentence.
d. defendants convicted of violent offenses and who received a relatively harsh
sentence.
Which Congressional action gave the U.S. Supreme Court control over its’ docket?
a. Court of Appeals Act of 1891
b. Judges Bill of 1925
c. Judiciary Act of 1789
d. Federal Court Improvement Act of 1982
“Only by locking him up and throwing away the key” can we assure that he won”t be
able to rape another woman.” That statement best matches which of the following
purposes of punishment?
a. retribution
b. incapacitation
c. general deterrence
d. specific deterrence
This doctrine requires a judge to decide a case by applying the rule of law found in
previous cases, provided the facts are similar.
a. selective incorporation
b. judicial restraint
c. precedent
d. jurisprudence
Adherents of both the due process and crime control models have called for
a. more emphasis on rehabilitation
b. more punishment for drug offenders
c. reductions in judicial discretion
d. reductions in the use of mandatory minimums
Over the years, juvenile courts have increasingly come to resemble
a. criminal courts
b. specialized courts
c. Administrative courts
d. alternative dispute resolution courts
An example of a legal attendant circumstance would be:
a. the credibility of eyewitnesses
b. the defendant’s character
c. the defendant’s getaway vehicle
d. the amount of money or goods stolen
Corpus delicti is a Latin phrase meaning:
a. guilty act
b. body of the crime
c. guilty mind
d. body of the victim
What was the legal issue presented to the U.S. Supreme Court in Payne v. Tennessee
(1991)?
a. victim characteristics
b. “Son of Sam” law
c. victim impact statements
d. mandatory restitution
A major criticism of the assigned counsel system versus the other systems is that
a. there is no guarantee that the selected attorney will be qualified to handle criminal
law.
b. only public defenders should be hired to represent indigents.
c. many attorneys are expected to work pro bono, which pressures them to dispose
cases quickly.
d. clients cannot be trusted.
In 1968 Congress created this position to alleviate the workload of U.S. District Courts
and to replace the former position of U.S. commissioner.
a. U.S. magistrate judges
b. U.S. attorneys
c. U.S. bankruptcy judges
d. U.S. circuit justices
Television portrayals of fictional lawyers like Alan Shore and Denny Crane create
a. unreasonable expectations in viewers who may need to hire a lawyer. public
defender.
b. reasonable expectations in viewers who may need to hire a lawyer.
c. low expectations in viewers who may need to hire a lawyer.
d. None of these answers is correct.
Which of the following does not meet the requirement of actus reus?
a. voluntary acts
b. omission
c. contemplation
d. possession
Thirty-six states have created task forces to investigate gender bias in the legal system.
These task forces have found that
a. female lawyers, more so than their male counterparts, were addressed by their first
names.
b. judges addressed female lawyers in a demeaning manner; terms like ‘sweetie,” “little
lady lawyer,” “pretty eyes,” and “dear” were used.
c. Female lawyers perceive that it is harder to get hired.
d. All of these answers are correct.
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 speedy administration of punishment.
What have researchers found with regard to the effect of a defendant’s economic status
on court processing outcomes?
a. A defendant’s economic status has no effect on the likelihood of pretrial release.
b. Because poor people are less likely to gain pretrial release, harsher punishments are
more likely.
c. The overwhelming majority of sentencing scholars find that unemployed defendants
are more likely to be sentenced to prison and for longer periods of time.
d. The vast majority of studies find that a defendant’s economic status does not
influence the sentencing decision.
Which of the following statements is not true of a presentence investigation report?
a. It includes police accounts of the crime.
b. It includes the defendant’s social history.
c. It is prepared prior to trial to assist the court in ruling on a lawyer’s motions.
d. It may include the defendant’s prior convictions.
What Amendment gives a criminal defendant the privilege not to testify at trial?
a. 4th
b. 5th
c. 6th
d. 7th
Speedy-trial laws reflect
a. A law on the books approach to problem solving.
b. A law in action approach to problem solving.
c. A legal ethics approach to problem solving.
d. A bail bonds approach to problem solving.
More than half of defendants are described by their attorneys as passive participants in
their overall defense.
The prosecutor proceeds from a position of strength in plea bargaining.
The U.S. Supreme Court has ruled that juries do not have to consist of 12 members.
They declared that the number 12 was a “historical accident, wholly without
significance except to mystics.”
The U.S. Supreme Court, in the case of Johnson v. Zerbst ruled that criminal defendants
in cases were entitled to court-appointed counsel if they were too poor to hire their own
attorney.
The U.S. Supreme Court has ruled that defendants must live up to their end of the plea
agreement.
The conditions surrounding a criminal act are known as ______________________.
Compare and contrast the exclusionary rule and the fruit of the poisonous tree doctrine.
Provide a history of both in your answer.
The order in which different components of a trial unfolds differs by .
In Payne v. Tennessee (1991), the U.S. Supreme Court overruled stare decisis and
allowed certain evidence to come in at the sentencing stage. Explain why the Court
overruled precedent and the type of evidence now allowed at the sentencing stage. Do
researchers generally find that this type of evidence makes a difference?
True sentencing schemes control release decisions, usually by abolishing parole boards
in addition to other measures.
Who are the courtroom workgroup members? Why is it important that the members of
the courtroom workgroup cooperate with each other?
How the courts are organized and administered has a profound effect on the way cases
are processed and on the type of that results
Members of the courtroom work group become frustrated when victims and witnesses
do not cooperate and are intimidated by the defendant or the defendant’s friends and
family. Describe some ways victims and witnesses can be uncooperative. What issues
do you think the court should address to deal with this failure to cooperate?
Suppression motions represent only liabilities for prosecutors.
Incumbent judges are very likely to be voted out of office.
The Prison Litigation Act (1996) limits the ability of inmates to file civil rights actions.