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52. State courts have huge caseloads.
a. True
b. False
53. All courts in the United States use a basic three-tiered structure.
a. True
b. False
54. At the heart of reform of state courts is the goal of making the process more complex.
a. True
b. False
55. The American legal system is based on a passive judge and jury seeking to find the truth as attorneys for each side
argue vigorously.
a. True
b. False
56. Theoccupationof“bailbondsman”isajobuniquetotheUnitedStates.
a. True
b. False
57. It is easy for a poor person with little education to become a judge.
a. True
b. False
58. Judges have a variety of roles within the judicial system.
a. True
b. False
59. Judges selected based on merit must eventually face public election.
a. True
b. False
60. After a suspect is arrested, he/she cannot be deprived of freedom until guilt is proven.
a. True
b. False
61. The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause.
a. True
b. False
62. Most felony cases are disposed of by dismissals.
a. True
b. False
63. Both prosecutors and defense attorneys can bring pretrial motions in court proceedings.
a. True
b. False
64. The Eighth Amendment to the United States Constitution forbids the use of excessive bail.
a. True
b. False
65. Bail is typically determined within three hours after the arrest.
a. True
b. False
66. The bail system discriminates against poor people.
a. True
b. False
67. The bail bondsperson is a non-profit actor within the criminal justice system.
a. True
b. False
68. Judges are typically white men with strong political connections. Do you see any problems with this in terms of
fairness in sentencing?
69. Why is it important that states develop standardized court structures?
70. In many jurisdictions, judges are elected by the public. These elections are rarely publicized by the media. What
does this imply for the election of judges? Is this a fair method for selecting judges in the United States?
71. Judges have an enormous amount of discretion in making decisions about pretrial detention. In your opinion, is this
harmful or helpful for defendants? Be sure to support your answer with facts from class and the textbook.
72. What is one criticism of the bail system in the United States? How might you recommend that this problem be
fixed?
73. Should state judges be selected through elections? Why or why not?
74. What impacts do budget cuts have on the courts?
75. The state court system is only fragmented. Which of the following is not a solution to create a united court system?
a. eliminating overlapping and conflicting jurisdictional boundaries
b. creating a hierarchical and centralized court structure with a chief justice
c. having the courts funded by state government
d. joining both civil and criminal courts together
76. Trial courts of _________ jurisdiction are criminal courts with jurisdiction over all offenses including felonies.
a. general
b. limited
c. appellate
d. specific
77. __________ have had fewer opportunities to enter the legal profession prior to the 1960s and thus were seldom
considered for judgeships.
a. women
b. males
c. elderly
d. college educated
78. As __________, all judges must deal with political actors such as county commissioners, legislators, and members
of the state executive bureaucracy.
a. negotiators
b. adjudicators
c. administrators
d. enforcers
79. ___________ is designed to remove politics from the selection of judges and to allow the voters to unseat judges.
a. partisan election
b. merit selection
c. nonpartisan election
d. community endorsement
80. Preliminaryhearingsprovideanopportunityfordefenseattorneystochallengetheprosecution’sevidenceand
make ________ to the court requesting that an order be issued to bring about a specified action.
a. objections
b. ruling
c. motions
d. sentence
81. Theamountof________isbasedmainlyonthejudge’sviewoftheseriousnessofthecrimeandofthe
defendant’srecord.
a. bail
b. court dates
c. appearances
d. fines
82. Trial courts of ________ jurisdiction over misdemeanor cases and preliminary matters in felony cases.
83. ____________occurswhenadefendantisheldfortrial,basedonajudge’sfindingthat,ifthedefendantwere
released on bail, he or she would flee or would endanger another person or the community.
84. A ________ is a written order or summons, issued by a law enforcement officer, often directing an alleged
offender to appear in court at a specified time to answer a criminal charge.
85. __________ is a reform plan by which judges are nominated by a commission and appointed by the governor for a
given period.
86. A__________electionisanelectioninwhichcandidates’partyaffiliationsarenotlistedontheballot.
87. The court's _________ is the geographic territory or legal boundaries within which control maybe exercised; the
rangeofacourt’s
authority.
88. The purpose of drug courts is to divert substance abusers away from incarceration.
a. True
b. False
89. Judges spent significant time working as a negotiator while working with prosecutors and defense attorneys about
plea bargaining.
a. True
b. False
90. What is the basis of the adversarial system in the US? Why is it so vital to the success of our modern day criminal
justice system? How does plea bargaining impact the adversarial system?
91. How does the modern day entertainment industry impact the way our society views the pretrial process? Does the
entertainment industry increase or decrease society's awareness of how our justice system works?
92. Explain why American jails are referred to as the ultimate ghetto. Can this stereotype be changed? How?
Judge Brown has been a superior court judge for the seven years. He was the first one in his family to graduate
college, much less law school. He is running for election without his political affiliation being identified. Even
though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and
budgets. Instead of trying to cases, he feels that he just works out agreements with the defense and prosecution.
The way he sees it, at least a guilty plea acknowledges he is putting defendants away.
93. Judge Brown is a judge in superior court. He hears only cases that deal with felonies; therefore, he works in a trial
court of ________ jurisdiction.
a. limited
b. general
c. appellate
d. district
94. Judge Brown states that he spends significant hours organizing schedules and budgets. When this occurs, he is
assuming the duties of an _________.
a. administrator
b. negotiator
c. adjudicator
d. reconciler
95. Judge Brown spends significant time trying to work on plea agreements between prosecutors and defense
attorneys. In this capacity, he works as a _________.
a. administrator
b. negotiator
c. adjudicator
d. reconciler
96. Judge Brown is up for reelection. His political affiliation is not listed on the ballot; therefore, he is running in a
_________ election.
a. partisan
b. adversarial
c. nonpartisan
d. inquisitorial
Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail
awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit
the crime because she could not pay her rent.
97. Katie was charged with armed robbery at which point during the pretrial process?
a. arrest
b. booking
c. arraignment
d. disposition
98. Katie's family most likely would have to consult a _________ in order to raise her bond.
a. bond hearing
b. bail bondsmen
c. bail enforcer
d. bond guard
99. Until Katie's family raises her bail, she will remain in ________.
a. prison
b. jail
c. probation
d. parole
100. The judge in Katie's case determine her bail amount based upon _________.
a. cash bonds
b. bail funds
c. detention guidelines
d. bail guidelines
Brady has just been charged with murder in the first degree. His previous record includes several drug charges
and a sexual assault that is pending. Brady will not be released on bail. His attorney feels like he can talk the
prosecutor and judge into a 20 year sentence through a plea bargain, which will eliminate the chance of a life
sentence.
101. Brady will not be released on bail and will await his trial on __________.
a. house arrest
b. preventive detention
c. parole
d. prison
102. Brady will await his trial or plea agreement in jail. Which of the following is not a characteristic of those he is
serving time with?
a. substance abusers
b. innocent
c. guilty
d. free
