True / False
1. The United States has a dual court system.
a. True
b. False
2. Most criminal cases are heard at the federal level.
a. True
b. False
3. United States courts use the adversarial process to determine guilt in a criminal court.
a. True
b. False
4. The geographic territory over which a court has authority is known as its jurisdiction.
a. True
b. False
5. Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money.
a. True
b. False
6. Appellate courts do not try criminal cases.
a. True
b. False
7. Trial courts of limited jurisdiction have jurisdiction over all offenses, including felonies and appeals.
a. True
b. False
8. All state courts in the United States use a basic three-tiered structure.
a. True
b. False
9. Many judges take large pay cuts to sit on the bench.
a. True
b. False
10. Judges selected based on merit avoid public election.
a. True
b. False
11. In most states, no higher authority can second guess or change the decision of a prosecutor.
a. True
b. False
12. The state’s governor appoints most local prosecutors.
a. True
b. False
13. Prosecutors act independently of the political system.
a. True
b. False
14. Prosecutors have great influence at virtually every stage of the criminal justice process.
a. True
b. False
15. The “prosecution complex” occurs when prosecutors view themselves as agents of law enforcement.
a. True
b. False
16. During the discovery process, a prosecutor can conceal evidence that demonstrates that the defendant is actually
innocent.
a. True
b. False
17. Because trials are so infrequent, defense attorneys’ working lives tend to be quite different than the lives of attorneys
as portrayed on television.
a. True
b. False
18. Most public defense attorneys become quite wealthy because of the large number of cases they typically handle.
a. True
b. False
19. Assigned counsel are attorneys employed full-time by the government to provide defense services to those offenders
who cannot afford their own attorneys.
a. True
b. False
20. Most states use the “contract counsel” method of providing attorneys for those who cannot afford their own attorneys.
a. True
b. False
21. Scholars often view public defenders as better than assigned counsel because public defenders are full-time
government employees who are specialists in criminal law.
a. True
b. False
22. Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that
they are paid by the state.
a. True
b. False
23. Research findings have indicated that there is little difference in outcomes between private attorneys, public defenders,
contract counsel, and assigned counsel.
a. True
b. False
24. Values and norms do not affect the functioning of a courtroom.
a. True
b. False
25. Judges are part of the local legal culture.
a. True
b. False
26. United States attorneys are appointed by the president and assigned to a U.S. district court jurisdiction.
a. True
b. False
27. There are 74 U.S. attorneys, two for every U.S. district court.
a. True
b. False
28. Prosecutors at the state and local levels of government are always appointed.
a. True
b. False
29. In Missouri v. Frye (2012) the Supreme Court ruled that defense attorneys are obligated to inform their clients about
plea agreement offers made by the prosecutor.
a. True
b. False
30. In Missouri v. Frye (2012) the Supreme Court ruled that the right to counsel attaches at the initial hearing before a
magistrate when the defendant is informed of the charges and restrictions on liberty are imposed.
a. True
b. False
31. Most defense attorneys are experienced and very well paid.
a. True
b. False
32. The impact of budget cuts on federal public defenders has had only negligible effects.
a. True
b. False
33. A public defender is a private sector attorney who works on a contract (for fee) basis.
a. True
b. False
34. An assigned counsel is a private sector attorney who works on a contract (for fee) basis.
a. True
b. False
Multiple Choice
35. Trials in the United States pit prosecutor against defense attorney. This is known as the ____________________
system.
a. adversarial
b. inquisitorial
c. civil law
d. authoritarian
e. totalitarian
36. Many other countries use a process where the judge takes an active role in questioning witnesses as well as many
other areas of the case.
a. adversarial
b. inquisitorial
c. civil law
d. authoritarian
e. totalitarian
37. What is the geographic location and/or legal boundaries which determine the range of the court’s authority?
a. district b. county
c. jurisdiction d. circuit
38. The three levels of state courts are:
a. appellate, district, and limited jurisdictional.
b. appellate, general jurisdiction, and limited jurisdiction.
c. limited jurisdiction, commercial, and appellate.
d. general jurisdiction, limited jurisdiction, and district.
e. commercial, district, and appellate.
39. State courts of last resort are usually called:
a. trial courts.
b. misdemeanor courts.
c. trial courts of general jurisdiction.
d. Supreme Courts.
e. trial courts of limited jurisdiction.
40. American trial courts are highly decentralized. This means that:
a. the federal government dictates their policies.
b. the state government runs all trial courts.
c. each jurisdiction decides on how to run their courts.
d. judges and their staff do not share offices.
e. different judges hear the guilt portion of the trial than the sentencing portion.
41. Which of the following is NOT a responsibility of judges?
a. setting bail
b. issuing search warrants
c. making arrests
d. scheduling hearings
e. accepting guilty pleas
42. 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
e. appellate advocate
43. In which role does the judge uphold the rights of the accused in decisions about detention, plea, trial, and sentence?
a. adjudicator
b. administrator
c. negotiator
d. electoral candidate
e. appellate advocate
44. In which role does the judge work to manage his or her employment staff and balance a budget?
a. adjudicator
b. administrator
c. negotiator
d. electoral candidate
e. appellate advocate
45. This type of judge is nominated by the president and confirmed by the senate.
a. trial court judge b. magistrate
c. federal judge d. federal clerk
46. This type of election occurs when a judicial candidate is openly endorsed by a political party.
a. partisan election b. nonpartisan election
c. appointment d. selection committee
47. This type of judgeship selection involves a nominating commission made up of citizens and attorneys and sends the
names to the governor for selection.
a. partisan election b. nonpartisan election
c. appointment d. merit selection
48. Which of the following is NOT a name given to a prosecuting attorney?
a. district attorney
b. state’s attorney
c. commonwealth attorney
d. county attorney
e. public defender
49. Which of the following factors increases the power of the prosecutor?
a. Many of their decisions are hidden from public view.
b. They must have a judge sign off on any decision to drop a case.
c. They are dependent upon the defense attorney for witness statements.
d. Jurisdictional boundaries are sometimes confusing.
e. Cases overturned at appeal can be damaging to a prosecutor’s career.
50. Which of the following describes the “prosecution complex”?
a. An offender fears unfair treatment by the prosecutor.
b. A judge sides with the prosecutor in a court decision.
c. A defense attorney comes to believe he or she represents the state.
d. A prosecutor views herself as an instrument of law enforcement.
e. A prosecutor is unable to understand the complexities of the justice system.
51. Which of the following statements concerning the role of a prosecutor is FALSE?
a. A prosecutor has considerable discretion in the criminal justice system.
b. A prosecutor is influenced by other actors in the criminal justice system.
c. A prosecutor has independent authority to decide how to handle each case.
d. A prosecutor has limited influence in the early stages of the criminal justice process.
e. A prosecutor may be heavily involved in local politics.
52. Which of the following is NOT a role of the prosecutor?
a. trial counsel for the police b. house counsel for the police
c. best defense possible d. elected official
53. Which of the following most accurately describes the discretion given to a prosecutor?
a. limited discretion
b. no discretion
c. broad discretion
d. relative discretion
e. supervised discretion
54. After deciding that a case should be filed against an offender, the next step of the prosecutor is to determine:
a. whether to seek the death penalty.
b. which charges to file against the offender.
c. whether the defendant has a court-appointed attorney.
d. whether the police used excessive force in apprehending the offender.
e. how the criminal justice system might best serve the offender.
55. Each offense that a prosecutor charges a person with in an indictment is a(n):
a. element. b. crime.
c. count. d. charge.
56. The process during which the prosecution shares information with the defense is known as:
a. nolle prosequi
b. legal sufficiency.
c. probable cause.
d. discovery.
e. deposition.
57. A nolle prosequi is:
a. the decision of the prosecutor to drop a case.
b. the process of determining probable cause.
c. the questioning of a jury in a criminal case.
d. the power of the prosecutor to bring charges.
e. another name for prosecutorial discretion.
58. Charges are not likely to be brought against offenders when victims:
a. are upstanding members of society.
b. are not credible.
c. want the offender prosecuted.
d. are trustworthy.
e. appear sympathetic to juries.
59. How might public opinion affect a prosecutor’s decision to try a certain case?
a. Prosecutors conduct surveys of the community to determine which cases are most important.
b. Most prosecutors are elected, so their decisions should reflect community values.
c. Prosecutors have no discretion to try cases—they must bring every case they receive to court.
d. Prosecutors keep the community happy by having low conviction rates.
e. Public opinion does not affect prosecutorial decision-making.
60. Which of the following would NOT be considered a key relationship of the prosecutor?
a. judges b. community
c. schools d. victims and witnesses
61. The person who represents accused and convicted persons in the criminal justice system is known as the:
a. clerk of courts.
b. state’s attorney.
c. defense attorney.
d. judicial attorney.
e. bailiff.
62. What is the process of events from the arrest of a suspect to the filing of formal charges with the court?
a. criminal justice b. accusatory
c. dual court d. due process
63. The defense attorney’s responsibility is not to save the suspect, but to protect his or her:
a. constitutional rights. b. suspect rights.
c. due process rights. d. individual rights.
64. Individuals who are too poor and do not have enough resources to pay for attorneys are considered:
a. poverty bound. b. indigent.
c. inadequate. d. emaciated.
65. Which of the following refers to a situation where an attorney is employed on a full-time, salaried basis by the
government to represent indigents?
a. public defender
b. assigned counsel
c. contract counsel
d. legal aid attorney
e. appellate defender
66. This type of private attorney is paid by the government with jurisdiction over the case to represent indigent
defendants.
a. public defender b. assigned counsel
c. contract attorney d. legal aid attorney
67. In which of the following systems does a court administrator oversee the appointment of counsel?
a. an ad hoc assignment system
b. an ad hoc contract system
c. a coordinated contract system
d. a coordinated assignment system
e. a public defender system
68. A recent survey revealed that which of the following systems of defense representation is most common in the 100
most populous counties in the United States?
a. public defender
b. assigned counsel
c. contract counsel
d. legal aid attorney
e. appellate defender
69. Which of the following statements about public defenders is TRUE?
a. They represent the state against criminal defendants.
b. They easily gain the trust of their clients.
c. They often face a heavy caseload.
d. Their interests are purely financial.
e. None of these; all of the statements given are false.
70. The view held by local court officials as to the proper sentence, given the characteristics of the case, is known as the:
a. normative level.
b. going rate.
c. sentencing market.
d. local rate.
e. work group.