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82
Chapter 5
THE DYNAMICS OF COURTHOUSE JUSTICE
TEST BANK
MULTIPLE CHOICE
1. The _____ is responsible for transporting detained defendants from the jail to the
courthouse.
a.
bailiff
c.
sheriff’s deputy
b.
bail bondsman
d.
clerk of court
2. Who is the record keeper for the court, often responsible for summoning potential jurors?
a.
law clerk
b.
clerk of court
c.
court reporter
d.
secretary
3. Assembly-line justice, discretion, and the courtroom work group are all concepts used to
explain what?
a.
the difference between law in action
and law on the books
c.
the difference between judges and
magistrates
b.
courthouse discretion
d.
legal ethics
4. The claim that increasing plea bargains and declining trials are a recent phenomenon is a
weakness of what explanation?
a.
assembly-line justice
b.
discretion
c.
courtroom work group
d.
none of these is correct
5. Which of the following is not a member of the courtroom work group?
a.
prosecutor
c.
judge
b.
defendant
d.
defense attorney
6. According to the chapter, which of the following best explains why few cases receive
individual treatment?
a.
discretion
b.
speedy-trial laws
c.
assembly-line justice
d.
the dynamics of the courtroom work group
7. What happens with most complaints about attorney misconduct?
a.
the complainant receives a settlement
b.
the defendant loses in court
c.
the attorney is disbarred
d.
they are dismissed due to insufficient evidence
8. Which of the following courtroom actors works mostly behind the scenes?
a.
law clerks
b.
bailiffs
c.
lawyers
d.
court administrators
9. Which of the following is not a major subcomponent of discretion?
a.
legal judgments
c.
judicial restraints
b.
policy priorities
d.
personal philosophies
10. A discretionary decision based on decision makers’ values and attitudes reflects
a.
legal judgments.
c.
personal philosophies.
b.
policy priorities.
d.
judicial restraints.
11. Although a prosecutor may believe that a given defendant violated the law, s/he may
decide against moving forward with prosecution based on a belief that no jury would
come back with a guilty verdict. This represents a discretionary decision based on
a.
legal judgment.
c.
personal philosophy.
b.
policy priority.
d.
judicial restraint.
12. How are newcomers to a courtroom taught formal requirements of the job and informal
rules of behavior?
a.
training
b.
mutual interdependence
c.
discretion
d.
socialization
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13. A judge who accepts a guilty plea agreement reached by the defense attorney and the
prosecutor provides an example of
a.
discretion.
c.
routine administration of justice.
b.
mutual interdependence.
d.
assembly-line justice.
14. Maverick defense attorneys
a.
most often get the best plea bargains for their clients.
b.
work cooperatively with prosecutors to resolve cases quickly.
c.
generally have few sanctions imposed on them.
d.
are seldom able to negotiate the most lenient sentences.
15. Women make up what percent of judges in the U.S. (approximately)?
a.
10%
b.
20%
c.
40%
d.
30%
16. The American Bar Association recommends that all felony cases reach disposition within
a.
six months of arrest.
c.
one year of arrest.
b.
six months of filing.
d.
one year of filing.
17. What 13th Century document attempted to address the problem of delay in justice?
a.
Declaration of the Rights of Man
c.
English Constitution
b.
Magna Carta
d.
Code of Wales
18. What amendment provides for the right to a speedy and public trial?
a.
Fourth
c.
Sixth
b.
Fifth
d.
Seventh
19. What concept is directly related to the reality that the criminal courthouse is not a single
organization but rather a collection of separate institutions that gather in a common workplace?
a.
discretion
b.
mutual interdependence
c.
assembly-line justice
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d.
legal ethics
20. What concept stresses the importance of the patterned interactions of judges, prosecutors,
and defense attorneys?
a.
The courthouse dynamics concept.
b.
The courtroom workgroup concept.
c.
The plea bargaining concept.
d.
The assembly-line justice concept.
21. The law on the books approach to delay focuses on
a.
courthouse dynamics.
c.
plea bargaining.
b.
the courtroom work group.
d.
resources and procedures.
22. The court case Barker v. Wingo is concerned with what constitutional guarantee?
a.
the right to an attorney
b.
freedom from unreasonable search and seizure
c.
free speech
d.
the right to a speedy trial
23. In Barker v. Wingo, the Court held that the right to a speedy trial
a.
was violated by a five year delay.
b.
is a relative, not an absolute, right.
c.
was an absolute constitutional mandate.
d.
is a right of the prosecution but not the defense.
24. The Speedy Trial Act of 1974 (amended in 1979) allows how many days from arrest to
indictment in federal courts?
a.
30
c.
60
b.
45
d.
75
25. The Speedy Trial Act of 1974 (amended in 1979) allows how many days from indictment
to trial?
a.
20
c.
50
b.
30
d.
70
26. Most state speedy trial laws are designed to protect
a.
defendants.
c.
the prosecutor.
b.
the state.
d.
judicial integrity.
27. Various researchers have found that the passage of speedy trial laws in many states has
led to
a.
a much more rapid handling of cases.
b.
a decrease in the speed of case flow.
c.
little change in disposition time.
d.
the hiring of considerably more judges and attorneys.
28. Which of the following is a law in action approach to court delay?
a.
implementing speedy trial laws
b.
adding court resources
c.
streamlining court procedures
d.
trying to achieve better coordination among members of the courtroom work group
29. 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.
30. Which of the following statements is true regarding legal ethics?
a.
Lawyers are not allowed to mislead the court.
b.
Lawyers cannot knowingly allow witnesses for their side to perjure themselves.
c.
Before an individual may be admitted to the bar, s/he must pass a separate test on
legal ethics.
d.
All of these statements are true.
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31. What factors often influence discretionary decision making by members of the courtroom
work group?
a.
legal judgments
b.
policy priorities
c.
personal philosophies
d.
legal judgments, policy priorities, and personal philosophies
32. The concept of assembly-line justice stresses
a.
the high volume of cases in courthouses.
b.
the emphasis on moving the docket.
c.
the low volume of cases in courthouses.
d.
the high volume of cases in courthouses and the emphasis on moving the docket.
33. What are important because they provide necessary boundaries on conflict represented by
the adversary system?
a.
courtroom workgroups
c.
bail bondsmen
b.
defense attorneys
d.
legal ethics
34. Which of the following are negative consequences of delay in the courts?
a.
Delay works to the disadvantage of the
prosecutor.
c.
Delay jeopardizes the rights of
defendants.
b.
Delay works to the advantage of the
judge.
d.
All of these are negative consequences
of delay in the courts.
35. 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.
36. Law in action approaches to solving the problem of delay can prove effective because
a.
They focus on coordinating the activities of the key actors in the courthouse.
b.
They ignore activities of the key actors in the courthouse.
c.
They override the activities of juries in the courthouse.
d.
They assist the activities of the key actors in the courthouse.
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37. What is the term used to explain why few cases receive individual treatment?
a.
courthouse dynamics.
c.
plea bargaining.
b.
the courtroom work group.
d.
assembly-line justice.
CRITICAL THINKING SCENARIOS
CASE 5.1
Sixteen times Willie Barker’s murder case was set for trial, and sixteen times it was continued.
At first the defense readily agreed, gambling that Barker’s codefendant would be found not
guilty. Thus, some of the continuances were caused by the six separate trials before the
codefendant was finally convicted. Other continuances were granted because of the illness of the
police investigator. It was not until five years after arrest that Barker was convicted of murder.
38. What right did Barker’s lawyer argue was violated?
a.
the Sixth Amendment right to a speedy trial.
b.
the Seventh Amendment right to a speedy trial.
c.
the Eighth Amendment right to a speedy trial.
d.
the Fourth Amendment right to a speedy trial.
39. The right to a speedy trial
a.
was violated by a five year delay.
b.
is a relative, not an absolute, right.
c.
was an absolute constitutional mandate.
d.
is a right of the prosecution but not the defense.
40. The problems in prosecuting and convicting Barker indicate what is often needed in
interpreting the law?
a.
discretion
c.
Rule
b.
rigidity
d.
Humility
CASE 5.2
The regular participants in the day-to-day activities of a courtroom include the judge, prosecutor,
and defense attorney. There actors in the courtroom often make decisions without reference to
specific rules or facts. The decision made by these actors allow the courtroom process to flow
smoothly enable the speedy processing of defendants.
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41. What is the name of the concept that describes the network of ongoing relationships
among courthouse actors?
a.
courtroom security
c.
courtroom personnel
b.
courtroom workgroup
d.
courtroom ethics
42. What do we all the authority to make decisions without reference to specific rules or
facts?
a.
delay
c.
ethics
b.
socialization
d.
discretion
43. What is the name given to the process that treats defendants’ as objects to be processed?
a.
socialization
b.
delay
c.
discretion
d.
assembly-line justice
CASE 5.3
Lawyers often suffer from a negative public image, which is one reason the legal profession
places considerable emphasis on legal ethics. Ethics refers to the study and analysis of what
constitutes good or bad conduct (Pollock 2012). Legal ethics represents a specific type of ethics.
44. Legal ethics are an example of what type of ethics?
a.
Theoretical ethics.
b.
Applied ethics.
c.
Professional ethics.
d.
Applied and professional ethics.
45. Legal ethics is of critical importance because
a.
the American legal system is based on the adversarial system.
b.
the American legal system is based on the confrontational system.
c.
the American legal system is based on the legalistic system.
d.
the American legal system is based on the acrimonious system.
TRUE/FALSE
1. In some courthouses civil and criminal cases are heard in the same courtroom during the
same court session.
2. The clerk of court is responsible for maintaining order in the courtroom.
3. The bailiff is responsible for transporting detained defendants from jail to the courthouse.
4. The clerk of court is responsible for overseeing jury selection.
5. Bail bondsmen have their offices outside of courtrooms.
6. The concept of assembly-line justice stresses the mutual interdependence of the
courtroom workgroup.
7. Interactions between members of the courtroom work group strictly follow the
adversarial model.
8. Law in action approaches to solving the problem of delay are ineffective because they
focus on coordinating the activities of the key actors in the courthouse.
9. The courtroom workgroup includes all who appear in the courtroom at any trial.
10. Plea bargaining predates any of the “modern” problems of the courthouse.
11. Legal ethics seek to ensure clients that their lawyers are working in their best interests.
12. Most cases end in a plea of guilty.
13. The same differences of opinion about crime that characterize society as a whole likewise
divide courthouse actors.
14. Discretion is exercised at every key decision point within the criminal justice system.
15. Delay is a problem because it wastes court resources.
16. Speedy-trial laws are limited because they do not deal with discretion.
17. The shared decision making of the courtroom work group helps to diffuse responsibility.
18. The most effective approaches to the problem of court delay are law on the books
approaches.
19. A law in action approach to court delay sets out specific times within which the
prosecutor must indict and try the case.
20. Speedy-trial statutes exist in all 50 states.
21. The federal speedy-trial law is viewed as an important objective irrespective of whether
the defendant’s interests are in jeopardy.
22. Speedy-trial laws reflect a law in action approach to problem solving.
23. Case scheduling is a simple process.
24. The concept of assembly-line justice stresses the high volume of cases in courthouses and
the emphasis on moving the docket.
25. Judges, lawyers, clerks, court stenographers, law clerks, and bailiffs work inside the
courtroom.
COMPLETION
1. Clerks of court and court _____ work behind the scenes.
2. To one side of the bench sits the court _____, whose machine mysteriously makes a
shorthand record of the proceedings.
3. The _____ is responsible for maintaining order in the courtroom.
93
4. _____ justice explains why few cases receive individual treatment.
5. The courtroom work group refers to the _____ participants.
6. _____ is best defined as the lawful ability of an agent of government to exercise choice in
making a decision.
7. Because criminal laws are so broad and general they must be _____ enforced.
8. The _____ is the officer who presides in a court of law.
9. Legal ethics is an example of applied and _____ ethics.
10. Assistant prosecutors are often judged not on how many cases they win, but on how few
they ____.
11. Newcomers to a job learn the formal and informal rules of behavior through ____.
12. The typical remedy for legal mistakes during the trial is a(n) _____ court reversal.
13. State task forces consistently find evidence of _____ bias in four areas of the legal
system: domestic violence, sexual assault, divorce, and behavior toward female workers.
14. In a general sense, the term _____ suggests abnormal or unacceptable time lapses in the
processing of cases.
15. Speedy-trial laws are not based on an analysis of why _____ occurs.
16. The _____ Amendment provides for the right to a speedy and public trial.
17. In essence _____ crimes represent a group sense of justice.
18. According to the _____ Trial Act of 1974 (amended in 1979), certain time periods, such
as those associated with hearings or pretrial motions and the mental competency of the
defendant, are considered excludable time.
95
19. Law in _____ approaches to solving the problem of delay can prove effective because
they focus on coordinating the activities of the key actors in the courthouse.
20. _____ refers to the study and analysis of what constitutes good or bad conduct.
ESSAY
1. Identify the different people who work in the courthouse and describe their duties. How
have changes in courtroom security changed the workplace for these people?
2. Explain why discretionary decision making occurs in the criminal courts and provide
some specific examples of prosecutorial discretion.
ANS:
3. One of the often-noted problems of courts is that it take too long for cases to reach
disposition. What are the three reasons that delay is seen as a problem for the courts?
Which one do you think is the biggest problem? Why?
4. What is assembly-line justice? Discuss the strengths and weaknesses of the assembly-line
justice explanation.
5. Who are the courtroom workgroup members? Why is it important that the members of
the courtroom workgroup cooperate with each other?
6. What are legal ethics and why are they important to the legal system?
7. Compare and contrast the law on the books and the law in action approaches to court
delay. Which approach do you think is the most effective at addressing the problem of
delay in courts? Why?
8. What are the strengths and weaknesses of speedy-trial laws? Provide examples.
