a.
It always violates the offender’s First Amendment rights.
b.
It is always used unfairly, particularly for female offenders.
c.
It is unfair to incarcerate someone when we assume all offenders are innocent until proven guilty.
d.
The financial costs should not be considered.
c
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
61. In the case of United States v. Salerno and Cafero (1987), the Supreme Court decided that the use of preventive
detention
a.
is constitutional.
b.
violates offenders’ constitutional rights.
c.
is detrimental to offenders at trial.
d.
is racially biased.
a
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
62. What has been referred to as the “ultimate ghetto”?
a.
b.
c.
d.
Pretrial Detention
ASCJ.COLE.17.09.06 – Analyze the context of pretrial detention
63. Which 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
Effective Management of the State Courts
ASCJ.COLE.17.09.02 – Analyze the qualities that we desire in a judge
64. Trial courts of _________ jurisdiction are criminal courts with jurisdiction over all offenses, including felonies.
a.
general
b.
limited
c.
appellate
d.
specific
a
The Structure of American Courts
ASCJ.COLE.17.09.01 – Describe the structure of the American court system
65. __________ had fewer opportunities to enter the legal profession prior to the 1960s and thus were seldom considered
for judgeships.
a.
Women
b.
Men
c.
The elderly
d.
College-educated men and women
a
ASCJ.COLE.17.09.03 – Describe the pretrial process in criminal cases
66. 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
c
ASCJ.COLE.17.09.03 – Describe the pretrial process in criminal cases
67. ___________ 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
ASCJ.COLE.17.09.03 – Describe the pretrial process in criminal cases
68. Preliminary hearings provide an opportunity for defense attorneys to challenge the prosecution’s evidence and make
________ to the court requesting that an order be issued to bring about a specified action.
a.
objections
b.
rulings
c.
motions
d.
sentences
c
From Arrest to Trial or Plea
ASCJ.COLE.17.09.04 – Describe the pretrial process in criminal cases.
69. The amount of ________ is based mainly on the judge’s view of the seriousness of the crime and of the defendant’s
record.
a.
bail
b.
court dates
c.
appearances
d.
fines
a
From Arrest to Trial or Plea
ASCJ.COLE.17.09.04 – Describe the pretrial process in criminal cases.
Judge Brown has been a superior court judge for the past seven years. He was the first one in his family to graduate
college. He is running for reelection 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 cases, he
feels that he just works out agreements with the defense and the prosecution. The way he sees it, at least a guilty plea
acknowledges he is putting defendants away.
70. 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
The Structure of American Courts
ASCJ.COLE.17.09.01 – Describe the structure of the American court system
71. Judge Brown states that he spends significant hours organizing schedules and budgets. When this occurs, he is
assuming the duties of a(n)
a.
administrator.
b.
negotiator.
c.
adjudicator.
d.
reconciler.
a
ASCJ.COLE.17.09.03 – Describe the pretrial process in criminal cases
72. Judge Brown spends significant time trying to work out plea agreements between prosecutors and defense attorneys.
In this capacity, he works as a(n)
a.
administrator.
b.
negotiator.
c.
adjudicator.
d.
reconciler.
ASCJ.COLE.17.09.03 – Describe the pretrial process in criminal cases
73. Judge Brown is up for reelection. His political affiliation is not listed on the ballot; therefore, he is running in a(n)
_________ election.
a.
partisan
b.
adversarial
c.
nonpartisan
d.
inquisitorial
c
ASCJ.COLE.17.09.03 – Describe the pretrial process in criminal cases
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.
74. Katie was charged with armed robbery at which point during the pretrial process?
a.
Arrest
b.
Booking
c.
Arraignment
d.
Disposition
c
From Arrest to Trial to Plea
ASCJ.COLE.17.09.04 – Describe the pretrial process in criminal cases.
75. Katie’s family most likely would have to consult a _________ in order to post her bond.
a.
bond hearing
b.
bail bondsman
c.
bail enforcer
d.
bond guard
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
76. Until Katie’s family raises her bail, she will remain
a.
in prison.
b.
in jail.
c.
on probation.
d.
on parole
Pretrial Detention
ASCJ.COLE.17.09.06 – Analyze the context of pretrial detention
77. The judge in Katie’s case determined her bail amount based on
a.
cash bonds.
b.
bail funds.
c.
detention guidelines.
d.
bail guidelines.
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
78. Katie’s lawyer files a request to suppress certain details of Katie’s alleged involvement in the robbery. The lawyer’s
request came in the form of a
a.
bench statement
b.
motion
c.
hearing
d.
disposition
From Arrest to Trial to Plea
ASCJ.COLE.17.09.04 – Describe the pretrial process in criminal cases.
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 believes the prosecutor and judge will
agree to a 20-year sentence through a plea bargain, which will eliminate the chance of a life sentence.
79. Brady will not be released on bail and will await his trial
a.
on house arrest.
b.
on preventive detention.
c.
on parole.
d.
in prison.
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
80. Brady will await his trial or plea agreement in jail. Which is a characteristic of those he is serving time with?
a.
They are serving a sentence of more than one year.
b.
Fellow inmates have not been offered bail.
c.
They have all been sentenced.
d.
Waiting trial at a federal court.
Pretrial Detention
ASCJ.COLE.17.09.06 – Analyze the context of pretrial detention
81. Brady will not be released on bail and will await his trial in jail. His lawyer’s request for bail was turned down
because
a.
Brady has no family locally.
b.
of the murder charge.
c.
Brady is not parole eligible.
d.
Brady could not post bail.
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
82. U.S. district courts are often referred to as ______ courts.
a.
appeals
b.
country
c.
state supreme
d.
trial
The Structure of American Courts
ASCJ.COLE.17.09.01 – Describe the structure of the American court system
83. A written order or summons, issued by a law enforcement, often directing an alleged offender to appear in court at a
specified time to answer a criminal charge is called a
a.
citation.
b.
summons.
c.
warrant.
d.
preventive assumption.
a
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
84. Holding a defendant for trial, for fear that if the defendant were released on bail he or she might endanger another
person or the community, is referred to as
a.
a citation.
b.
bail.
c.
release on recognizance.
d.
preventive detention.
Bail: Pretrial Release
ASCJ.COLE.17.09.05 – Discuss how the bail system operates.
Completion
85. The United States has a ____________________ court system with separate federal and state court systems.
dual
The Structure of American Courts
86. Courts that do not try criminal cases but hear appeals are called ____________________ courts.
87. A problem with state courts is the overlapping and conflicting ____________________.
88. Judges have three major roles: adjudicator, negotiator, and _________.
89. The ____________________ system involves an active judge.
90. In a(n) ___________ election, judges are openly endorsed by political parties.
91. When a judge oversees the “contest” between the defense attorney and the prosecutor, he or she takes on the role of
____________________.
92. When judges work with attorneys outside of the public view, they usually take on the role of ____________________.
93. When judges take on the role of ____________________, they are concerned with how their courtroom is running.
94. Prospective judges receive special training in law school to become professional judges in an _______________.
95. The facts upholding the belief that a crime has been committed constitute ____________________.
96. The ____________________ makes the decision about whether to file charges for particular crimes and offenders.
97. Defendants state their pleas (guilty or not guilty) at the ____________________.
98. The amount of money specified by a judge to be paid as a condition of pretrial release is called
____________________.
99. Bail will be _________ if the defendant does not appear in court.
100. Trial courts have ________ jurisdiction over misdemeanor cases and preliminary matters in felony cases.
101. ____________ occurs when a defendant is held for trial based on a judge’s finding that if the defendant were
released on bail, he or she would flee or would endanger another person or the community.
102. __________ is a reform plan in which judges are nominated by a commission and appointed by the governor for a
given period.
103. A(n) __________ election is an election in which candidates’ party affiliations are not listed on the ballot.
104. A court’s _________ is the geographic territory or legal boundaries within which control maybe exercised, or the
range of the court’s authority.
105. Courts that do not try criminal cases but hear appeals of decisions of lower courts are called __________ courts.
106. When judge deal with political actors such as county commissioners and legislators, they act in their _______
capacity.
107. A(n) ________ 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.
108. Judges are typically white men with strong political connections. Do you see any problems with this in terms of
fairness in sentencing?
109. Why is it important that states develop standardized court structures?
110. 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?
111. 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.
112. What is one criticism of the bail system in the United States? Suggest a recommendation for fixing this.
113. Should state judges be selected through elections? Why or why not?
114. Discuss the impacts of budget cuts on the courts.
115. What is the basis of the adversarial system in the United States, and why is it so vital to the success of our modern-
day criminal justice system? How does plea bargaining impact the adversarial system?
116. How does the modern-day entertainment industry affect the way our society views the pretrial process? Does the
entertainment industry increase or decrease society’s awareness of how our justice system works?
117. Explain why American jails are referred to as the “ultimate ghetto.” How could this stereotype be changed?
118. Describe the structure of the American court system.
119. Describe the pretrial process in criminal cases.