KEYWORDS: Bloom’s: Remember
71. The values and norms shared by members of a particular court community about how cases should be handled and the
way court officials should behave is called the:
a. workgroup culture.
b. brethren.
c. grouping culture.
d. local legal culture.
e. docket culture.
72. Which of the following individuals would NOT be considered part of the local legal culture?
a. bailiff
b. judge
c. attorney
d. clerks
e. criminal defendant
73. An attorney will sometimes request that the trial date be placed at another date. This is typically called a:
a. going rate. b. work group.
c. continuance. d. legal culture.
74. These individuals are the leaders of the courtroom team.
a. prosecutors
b. defense attorneys
c. judges
d. clerks
e. bailiffs
75. The official responsible for the prosecution of crimes that violate the laws of the United States is the:
a. district attorney.
b. state’s attorney.
c. commonwealth attorney.
d. county attorney.
e. U.S. attorney.
76. Which of the following statements does NOT accurately describe the influence of the prosecutor?
a. Prosecutors have little influence and are bound by statutory limits.
b. Prosecutors are involved throughout most of the criminal justice process.
c. Prosecutors are linked to other actors in criminal justice system.
d. Prosecutors often times have to make tough or lenient recommendations.
e. None of the above.
77. In which case did the Supreme Court rule that defense attorneys are obligated to inform their clients about plea
agreement offers made by the prosecutor?
a. Missouri v. Frye b. Strickland v. Washington
c. Rothgery v. Gillespie County, Texas d. Ross v. Moffitt
78. In which case did the Supreme Court rule 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. Missouri v. Frye b. Strickland v. Washington
c. Rothgery v. Gillespie County, Texas d. Ross v. Moffitt
79. Which of the following statements is FALSE?
a. Defense attorneys are misunderstood by public and by defendant.
b. Defense attorneys are sometimes inexperienced, overburdened, uncaring, and ineffective.
c. Defense attorneys usually win their cases.
d. Defense attorneys have a great deal of interaction with the prosecutor.
e. Defense attorneys have clients whose lives and problems are depressing.
80. Which of the following groups of private practice lawyers is NOT considered a specialist in criminal
defense?
a. nationally known defense attorneys who charge high fees.
b. lawyers of choice for defendants who can afford to pay high fees.
c. lawyers who lack training and experience.
d. courthouse regulars who accept many cases for small fees
e. none of the above.
81. The environment of criminal defense practice is characterized by all of the following statements EXCEPT:
a. clients whose lives and problems are depressing.
b. poor pay.
c. usually interesting cases that may be used to catapult an attorney to national prominence.
d. usually on the losing side.
e. none of the above.
82. An attorney in private practice who contracts with the government to represent all indigent defendants in a county
during a set period of time and for a specified dollar amount is called a:
a. public defender. b. assigned counsel.
c. contract attorney. d. legal aid attorney.
83. Which of the following is NOT a method by which indigents receive legal defense?
a. public defender b. assigned counsel
c. contract attorney d. legal aid attorney
84. Which of the following is NOT a lawyer who works in the private sector but provides legal aid to indigents?
a. public defender b. assigned counsel
c. contract attorney d. none of the above
85. The process by which prosecutors select cases to prosecute is called:
a. screening. b. the accusatory process.
c. collaboration. d. due process.
86. A prosecutors decision-making process includes evaluating each of the following EXCEPT:
a. screening. b. the accusatory process.
c. how best to use limited resources. d. the quality of the defense lawyer.
Samantha has been out of work for the last two years. She could not afford to insure her car and one day the police
stopped her during a routine traffic stop and arrested her for driving an uninsured vehicle, a felony in her state. Her case
is being reviewed by the district attorney.
87. The decision to prosecute a felony case rests with the district attorney. In this case she is concerned that prosecution
will create a negative public image. She is acting in which capacity?
a. trial counsel for the police b. representative of the court
c. house counsel for the police d. elected official
88. In a similar instance of no insurance, the district attorney immediately sought the harshest charges possible, believing
she was fighting crime. The prosecutor was fulfilling which function?
a. trial counsel for the police b. representative of the court
c. house counsel for the police d. elected official
89. It turns out that the police made a procedural error and that a quality defense lawyer could get Samantha off on a
technicality. The district attorney advises the police the best course of action is to drop the case. The DA is fulfilling
which function?
a. trial counsel for the police b. representative of the court
c. house counsel for the police d. elected official
Completion
90. The United States has a ____________________ court system.
91. The ________ of a case will determine where and what court hears the case.
92. Courts that hear cases after the initial trial are called ____________________ courts.
93. When a judge oversees the “contest” between the defense attorney and the prosecutor, he or she has taken on the role
of ____________________.
94. When judges take on the role of ____________________, they are responsible for managing their staff and also how
their courtroom is running.
95. The ____________________ makes the decision about whether to file charges for particular crimes and offenders.
96. Officials responsible for prosecuting federal crimes are called ____________________.
97. The chief legal officer of a state is known as the ____________________.
98. The prosecution role most responsive to public opinion and most likely to make their decisions on political
impact are referred to as ____ ____.
99. One role of the __________ is to act in the position of trial counsel for the police.
100. Information is made available by prosecutors to defense attorneys during the ____________________ process.
101. Prosecutors depend on the cooperation of victims and ________to effectively prosecute suspects.
102. _______ _________ designates assistant district attorneys to specific neighborhoods in order to become known to the
community they serve.
103. Prosecutors wishing to maintain a high ____________________ rate will drop cases with weak evidence.
104. The series of events from the arrest of a suspect to the filing of a formal charge is known as the
____________________ process.
105. The ______ _______to the U.S. Constitution requires those who are considered indigent the right to counsel if they
face the possibility of prison.
106. ____________________ defendants are too poor to hire a private attorney.
107. An attorney employed on a full-time basis by the government to represent the poor is called a
____________________.
108. When a private attorney is chosen by a court to represent an indigent, they are referred to as
____________________.
109. The _______ _______ system provides legal services to indigent defendants for a specific dollar amount.
110. Values and norms that are shared by judges, attorneys, clerks, and bailiffs about how cases should be handled are
referred to as the _______ ________ _______.
111. The _______ _______ _______ handles 82 percent of indigent criminal cases.
112. A ______ ___________ is a collections of individuals who interact in the workplace on a continuing basis, share
goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles.
113. The local court officials’ consensus as to the proper sentence is called the _______________.
114. A __________is an adjournment of an already scheduled case until a later date.
115. United States attorneys are appointed by the _______ and assigned to a U.S. district court jurisdiction.
116. Prosecutors face conflicting pressures to press charges vigorously against lawbreakers while also upholding justice
and the rights of the accused. These pressures are often called __ _______ ____.
117. The right to counsel attaches at the _____ ______ before a magistrate when the defendant is informed of the charges
and restrictions on liberty are imposed.
118. _____ _____ are obligated to inform their clients about plea agreement offers made by the prosecutor.
Subjective Short Answer
Bob Campbell has been charged with a series of bank robberies over the last year, stashing his ill-gotten gains in a
neighboring state. He has been unemployed and feels as though he had no other recourse than to resort to theft. Mr.
Campbell does not have a prior record.
119. Based upon the type of crime Mr. Campbell has committed, what court has jurisdiction over this case.
a. mental health court
b. federal courts
c. appellate courts
d. magistrate courts
120. Depending on the jurisdiction of Mr. Campbell’s case, what would the prosecuting attorney be called?
a. U.S. Attorney
b. state attorney general
c. district attorney
d. public defender
121. Because Mr. Campbell is too poor to pay for his own attorney, he is considered a(n):
a. felon.
b. criminal.
c. suspect.
d. indigent.
122. Because Mr. Campbell’s attorney is court appointed, he will most likely receive an inferior defense.
a. Yes, private attorneys always spend more time on their cases.
b. Yes, court-appointed attorneys never care about the cases they receive.
c. No, attorneys generally provide the same result regardless of how/what they practice.
d. No, court-appointed attorneys generally win cases.
Sharon Allen is an attorney who is planning to run for a judgeship. She is planning her election strategy. She knows her
competition is going to be fierce and is working with various individuals to make her first run a success.
123. Mrs. Allen is not allowed to run with a party affiliation, which concerns her with her vast Republican contacts. What
type of election is she running in?
a. partisan election
b. nonpartisan election
c. Democratic election
d. Republican election
124. A screening committee will decide if Mrs. Allen is to be recommended, and if so, she will be placed on the
bench by the governor and she will later go before the voters for approval or disapproval, based on
her performance in office. This method of selection is called:
a. merit.
b. partisan.
c. non-partisan.
d. qualified.
125. When Mrs. Allen assumes her position on the bench, she is shocked at the amount of time she spends scheduling her
staff. She spends more time doing this than trying cases. Her biggest function is that of a(n):
a. adjudicator.
b. negotiator.
c. administrator.
d. judicial executive.
Jay Boyce is a prosecuting attorney in a small rural area. The town has recently been the victim of a mass shooting that
has received national media attention. Prior to this case, Jay had only prosecuted one murder.
126. As the lead prosecutor in this case, Mr. Boyce will need to do all of the following EXCEPT:
a. decide the charges to be brought.
b. determine if he is going to go after the death penalty.
c. make a plea agreement with the victim.
d. argue against bail.
127. Mr. Boyce is currently gathering psychological testing for the defense. This process is known as:
a. nolle prosequi
b. motion to introduce
c. motion to suppress
d. discovery
128. Mr. Boyce has been informed that many officers and clerks will not vote for him in the next election unless he seeks
the death penalty. This would be considered:
a. local legal culture.
b. normative culture.
c. belief system culture.
d. legalese culture.
Essay
129. In many jurisdictions, judges are elected by the public. However, their elections rarely receive much media
attention—what does this imply for the election of judges? Is this a fair method for selecting judges in the United States?
130. Some say that prosecutors have more power than judges in the courtroom. Would you agree or disagree with this
statement? Support your answer with specific references to the functions and duties of each.
131. Discuss the key relationships of the prosecutor with others in the criminal justice system. In which relationships does
the prosecutor hold more power than the other individuals? In which relationships does the prosecutor hold less power?
132. Prosecutors have a great deal of discretion in every facet of their job. They have the ability to determine what cases
will be tried and what to charge suspects with. With such discretionary ability comes the chance of abuse of power. What
safeguards can be put in place to prevent unethical exchanges from the prosecutor? Should there be an oversight
committee to prevent such behaviors? If so, who would make up this committee?
133. While most people believe the U.S. court system is adversarial, in reality the judge, prosecutor, and defense attorney
work together to move cases through the system. What implications does this system have for a defendant’s due process
rights? Are they more or less likely to have their rights violated? Explain your answer.
134. The role of a defense attorney is often skewed in the media, which leaves many thinking that defense attorneys are
extremely wealthy and do everything in their power to prevent their defendant from being found guilty. The reality is
quite different. Explain what the role of an effective defense attorney is? Should a defense attorney be able to represent a
suspect who they know is guilty? Why or why not?
135. There are several pertinent court cases that pertain to the right to counsel. Which court cases, in your opinion, are the
most important to the prosecution, the defense, and to the overall system? Why?
136. Explain the role of indigent defense. How is a person declared indigent? What are the different types of indigent
defense? What are the pros and cons for each type?
137. Why would someone choose to work in the public defender’s office? Does this type of work draw a certain
individual to work in such an office? What do you feel the turnover rate would be?
138. If you or a family member has been charged with first degree murder and the death penalty is being sought, who
would you choose to represent you? Do you feel that a private attorney would serve you better? Why or why not?
139. Describe the structure of the American court system.
140. Describe the functions of the American court system. Be specific.
141. List the methods for providing counsel for defendants who cannot afford a private attorney.