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1
Chapter 1
COURTS, CRIME, AND CONTROVERSY
TEST BANK
MULTIPLE CHOICE
1. The most influential actor in the courthouse is the:
a.
judge
c.
clerk of court
b.
defense attorney
d.
prosecutor
2. A trial by a judge without a jury is called a:
a.
summary trial
c.
bench trial
b.
bar trial
d.
trial de novo
3. The operation of two separate and distinct court systems in the United States is referred to as:
a.
a dual court system
c.
separate but equal
b.
checks and balances
d.
judicial federalism
4. Coercive police practices are a violation of this essential element of due process.
a. equal protection c. self-incrimination
b. the third degree d. fundamental fairness
5. The key goal of the crime control model is:
a.
repression of criminal conduct
c.
the rights of victims
b.
the rights of defendants
d.
the integrity of the courts
6. The three main components of the American Criminal Justice system are:
a.
federal, state and local
b.
judges, prosecutors, and defense attorneys
c.
police, courts, and corrections
d.
probation, prison, and parole
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7. Which of the following is not true of “law in action”?
a. Focus on human factors governing application of law
b. Stresses the importance of discretion
c. Strict enforcement of laws and adherence to procedures
d. Prosecutors use discovery to encourage guilty pleas
8. According to the text, a good deal of the political rhetoric about crime focuses on…
a.
prosecutors
b.
police
c.
the criminal courts
d.
judges
9. Jurors expectations of forensic evidence in even the most mundane of cases has been
called…
a.
the DNA effect
b.
the CSI effect
c.
the science effect
d.
the BSU effect
10. The numerous public agencies involved in implementing public policy concerning crime are
referred to as:
a.
the court system
b.
the corrections system
c.
the law enforcement system
d.
the criminal justice system
11. Criminal justice is best viewed as a system and a…
a.
conglomerate
c.
nonsystem
b.
business
d.
victim’s agency
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12. Which of the following is not one of the justice professionals in the courthouse?
a.
social services personnel
b.
prosecutors
c.
judges
d.
police
13. What is the name of a request for a judge to make a decision?
a.
an affidavit
c.
a motion
b.
a warrant
d.
a judgment
14. If the grand jury finds probable cause to hold the defendant for trial it returns a…
a.
warrant
c.
true bill
b.
no true bill
d.
Alford bill
15. Which of the following is the federal court of last resort in the United States?
a.
U.S. District Court
c.
U.S. Supreme Court
b.
U.S. Court of Criminal Appeals
d.
U.S. Magistrate Court
16. Courts can be classified according to their function (rather than jurisdiction) into:
a.
local, state, and federal courts
c.
national and multinational courts
b.
substantive and procedural
d.
trial and appeals courts
17. In contrast to federal judges, most state judges are:
a.
appointed by the governor
c.
appointed by the state supreme court
b.
appointed by the state legislature
d.
elected
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18. After arrest, arrestees are brought before a judge and advised of their rights, the charges
against them, and given a chance to make bail at the:
a.
pretrial hearing
c.
arraignment
b.
initial appearance
d.
preliminary hearing
19. Which of the following is true of grand juries?
a.
They are used by all states
c.
They issue an indictment in most cases
b.
They deliberate in open hearings
d.
They are utilized only in misdemeanor
cases
20. Around ninety percent of felony convictions result from:
a.
a plea bargain
c.
a bench trial
b.
a trial by jury
d.
a preliminary hearing
21. Which of the following is a characteristic of the due process model of criminal justice?
a.
Concern for the rights of defendants
c.
Eliminating loopholes for defendants
b.
Efficiency is the main goal
d.
Stress on informal fact-finding
22. Which of the following is a characteristic of the crime control model of criminal justice?
a.
The process resembles an obstacle course for the prosecution and police
b.
Stresses formal and court fact-finding
c.
Concern for speed and protecting society
d.
Focus on the rights of defendants
23. The overall conviction rate at trial for felonies is upward of:
a. 60 percent c. 80 percent
b. 70 percent d. 90 percent
5
24. Most people in the United States learn about the ways in which criminal cases are processed
through the courts from what source?
a.
college
b.
the media
c.
internet blogs
d.
government informational bulletins
25. The United States Supreme Court often hears fewer than _____ cases each term (year).
a.
100
c.
250
b.
85
d.
1,000
26. By and large, criminal defendants are:
a.
young, poor, uneducated, and male
b.
young, poor, and female, and a member of a minority group
c.
young, poor, male, and minority
d.
middle-aged, male, uneducated, and a repeat offender
27. Proponents of the due process model of criminal justice believe all of the following, except:
a.
The courts’ priority should be to protect the rights of the individual.
b.
The belief in the need to reform people through rehabilitation.
c.
That the court system is fundamentally unfair to poor and minority defendants.
d.
Informal fact-finding is sufficient to prevent false convictions.
28. The Supreme Court’s opinion in Brown v. Mississippi was based on:
a. the Fourteenth Amendment due process clause
b. the Fifth Amendment right against self-incrimination
c. the Fourth Amendment right against unreasonable seizures
d. the Eighth Amendment prohibition against cruel and unusual punishment
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29. A lower trial court would only handle the initial stages of which type of case?
a.
Public drunkenness
c.
Disorderly conduct
b.
Petty theft
d.
Robbery
30. In grand jury proceedings, the burden of proof for the prosecutor is:
a. reasonable suspicion c. probable cause
b. proof beyond a reasonable doubt d. clear and convincing evidence
31. Which of the following does not take place at arraignment?
a. formal charges read and copy provided to defendant
b. determination made as to existence of probable cause
c. defendant called upon to enter plea
d. defendant advised of rights
32. The importance of the Supreme Court is measured in terms of:
a. the cases it does not hear.
b. the sheer volume of cases that they are required to hear each year.
c. the wide-ranging impact their decisions have on all stages of the process.
d. none of these answers is correct
33. What type of crime is generally handled by major trial courts?
a. misdemeanor crimes
b. violations
c. felony crimes
d. all crimes
34. During a preliminary hearing, the prosecutor must prove to _____ that a crime was
committed and that there is probable cause to believe the defendant committed the crime.
a. the grand jury b. a judge
c. a jury d. the District Attorney
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35. The dominant reality of contemporary sentencing is:
a. the use of structured sentencing to eliminate wide variations in sentences.
b. prison overcrowding.
c. the decreased used of intermediate sanctions in favor of active sentences.
d. rehabilitation to reduce recidivism.
36. This principle distributes government power between national and state governments,
creating decentralization that compounds the fragmentation of the criminal justice system.
a. federalism b. utilitarianism
b. deconstructionism d. nationalism
37. The federal government and most states have created two levels of appellate courts:
a. lower and major b. state and federal
b. district and superior d. intermediate and supreme
38. These motions contend that police conducted an illegal search/seizure or obtained a
confession in violation of the defendant’s constitutional rights.
a. motion to strike b. motion to vacate
b. motion to suppress d. motion to dismiss
39. Which of the following is not an element of “law on the books”?
a. legal duties of the main actors b. structure of the courts
c. careful use of discretion d. steps in the criminal justice process
CRITICAL THINKING SCENARIOS
CASE 1.1
The creation of “designer drugs” is outpacing the ability of society to enact laws to prohibit
them. Many of these substances have negative side effects, ranging from violent behavior to
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death.
40. Which of the following responses to the problem would best fit the “crime control”
philosophy?
a. Government takes steps to limit the availability of ingredients used in the manufacture of
designer drugs.
b. Design a public awareness campaign to warn potential users of the dangers presented by use
of these drugs.
c. Partner with community leaders to identify underlying social issues promoting the drug
subculture.
d. Pass legislation and increase enforcement efforts to send a message of “zero tolerance” to
those who manufacture, sell, and use designer drugs.
41. Which of the following responses to the problem would best fit the “due process”
philosophy?
a. Government takes steps to limit the availability of ingredients used in the manufacture of
designer drugs.
b. Pass legislation and increase enforcement efforts to send a message of “zero tolerance” to
those who manufacture, sell, and use designer drugs.
c. Dramatic increase in the use of drug courts to divert first-time offenders and defer
prosecution.
d. Design public awareness campaign to warn potential users of the serious legal ramifications
if they are caught with the drugs.
CASE 1.2
Politicians have expressed their outrage at the designer drug problem by enacting legislation
targeting manufacture, sale, and possession that require mandatory minimum sentences. The
police across the country start making arrests based on this new legislation.
42. Which of the following aspects of the criminal justice process exemplify “law on the
books”?
a. Police Mirandize a suspect and obtain a voluntary confession.
b. At initial appearance, the judge sets a low bail because the jail is overcrowded.
c. The prosecutor meets with the defense attorney to discuss the terms of a plea agreement.
d. Upon accepting the plea, the judge sentences the defendant based on his own discretion.
43. Which of the following aspects of the criminal justice process exemplify “law in action”?
a. Police Mirandize a suspect and obtain a voluntary confession.
b. At initial appearance, the defendant is advised of his rights and bail is set according to the
bond schedule.
c. The prosecutor meets with the public defender to discuss the terms of a plea agreement.
d. Upon pleading guilty, the defendant is dissatisfied with the sentence and appeals.
CASE 1.3
As a result of increased enforcement efforts, the courts and correctional facilities are inundated
with mostly low-level drug offenders. Public support of the newest campaign in the war on
drugs is starting to wane as increasing taxes to build new jails to house pretrial detainees are
discussed.
44. Which of the following is not part of the “crime control” belief system?
a. Individual responsibility is at issue when considering the ramifications of drug abuse.
b. “Speedy trial” legislation should be enacted to ensure that justice is not delayed.
c. The adversarial process at trial achieves the correct result.
d. Incarceration achieves the dual result of deterrence and increased public safety.
45. Which of the following is not part of the “due process” belief system?
a. The war on drugs has a disproportionate effect on racial minorities.
b. “Speedy trial” legislation should be enacted to ensure that justice is not delayed.
c. The adversarial process at trial achieves the correct result.
c. Rehabilitation achieves the dual result of deterrence and increased public safety.
TRUE/FALSE
1. The term “dual court system” refers to separate state and federal courts.
2. Approximately 2.5 million people work in the criminal justice system.
3. The organization of prosecutors in the United States is consistent across the state and
federal criminal justice system.
4. The decisions of trial courts may be reviewed by appellate courts.
5. Federal judges are elected in district-wide elections.
6. In the crime control model, one goal is to process defendants quickly.
7. The due process model emphasizes protecting the rights of the individual.
8. The judge is generally the most influential official of the court house actors.
9. In the United States, separate systems of federal courts and state courts exist.
10. Appellate courts review the evidence presented a trial and determine if the jury reached a
fair verdict.
11. In a criminal case, neither side is required disclose any of the evidence they will present
or witnesses they will call to the opposing party.
12. Grand juries indict in only a small percentage of the cases brought to them by the
prosecutor.
13. Coerced confessions are admissible only if they are proven to be reliable.
14. Plea negotiations are governed by informal understandings of what sentence is
appropriate for a given type of defendant.
15. The U.S. Supreme Court and state supreme courts can largely select which cases they
want to hear.
16. A defendant will be asked to enter a plea to the charges at arraignment.
17. Most criminal defendants hire a private lawyer for their defense.
18. Most state judges are appointed by the President and confirmed by the Senate.
19. Defendants and victims are the most important actors in the courthouse.
20. Advocates of the crime control model of criminal justice believe that unless crime is
controlled, the rights of law-abiding citizens will not be protected, and the security of
society will be diminished.
21. “Law on the books” is found in the Constitution, legislative statutes, administrative rules
and regulations, and court opinions.
22. The “law in action” represents an idealized view of law, one that stresses an abstract set
of rules that fails to take real people into account.
23. Defense attorneys are often successful at securing not guilty verdicts at trial.
24. The majority of crimes committed are violent crimes.
25. Under discovery rules, defense attorneys are required to provide all requested information
to the prosecutor prior to trial.
COMPLETION
1. The Wickersham Commission (1931) defined the _____ as “the inflicting of pain,
physical or mental, to extract confessions or statements.”
2. The public often blames _____ for allowing guilty defendants to go free on
“technicalities”.
3. One of the most fundamental rights granted to those accused of violating the criminal law
is _____.
4. _____ courts are divided into major and lower courts.
5. In _____ courts, no trials are held, no jurors are employed and no witnesses are heard.
6. The _____ is the most influential of the courthouse actors.
7. Crimes fall into three categories—felonies, misdemeanors, and _____.
8. The term “_____” refers to the exchange of information prior to trial.
9. In felonies, bail is usually first set at the initial _____ stage of the judicial process.
10. _____ jury review is required in all federal felony prosecutions.
11. Felony defendants enter a plea at the _____ stage of the judicial process.
12. A trial by a judge only, without a jury is called a(n) _____ trial.
13. The due process model focuses on the rights of the_____.
14. American government is based on the principle of _____ , which distributes government
power between national (usually referred to as federal) and state governments.
15. In Brown v. Mississippi, the U.S. Supreme Court ruled that confessions obtained as a
result of physical torture were inadmissible in court as they violated the essential
elements of _____.
16. For misdemeanor defendants, the initial _____ is typically the defendant’s only
courtroom encounter; three out of four plead guilty and are sentenced immediately.
17. Pretrial _____ is largely limited to defendants who have committed serious crimes.
18. The standard of proof for the prosecutor at a preliminary hearing is _____.
19. The “law in action” related to discovery is that prosecutors reveal information about their
case to the defense in order to obtain a _____.
20. The “law on the books” articulates _____ rules relating to the formal and informal
exchange of information before trial.
ESSAY
1. Contrast the due process and crime control models of criminal
2. List the steps in processing a typical felony case. Briefly describe what happens at each
step.
3. Describe some of the key differences between the “law on the books” and the “law in
action”.
4. Discuss the Casey Anthony case, including whether or not the case is a typical criminal
case. What does the statistical data tell us about the similarities/differences?
5. Contrast the roles of trial and appellate courts.
6. Discuss the function and importance of the grand jury.
7. Explain the function of the criminal justice system from both an interdependent system
perspective as well as a fragmented non-system perspective.
8. 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.
