Courts can be classified according to their function (rather than jurisdiction) into:
a. local, state, and federal courts
b. substantive and procedural
c. national and multinational courts
d. trial and appeals courts
Which participants in the criminal justice system have traditionally been forgotten?
a. Defendants
b. Victims and witnesses
c. Defense attorneys
d. Members of juries
The Speedy Trial Act of 1974 (amended in 1979) allows how many days from
indictment to trial?
a. 20
b. 30
c. 50
d. 70
CASE 14.2
Joe was accused of an assault on his neighbor George. Joe is convicted of assault and
sentenced to probation, community service, and restitution. At the sentencing, George
read a victim impact statement in which he said that he wanted Joe to make things right
so that they could go back to being good neighbors.
What philosophy best fits the sentence that Joe received?
a. rehabilitation
b. deterrence
c. incapacitation
d. retribution
What annual event focuses on the plight of crime victims?
a. National Crime Victims Week
b. National Crime Victims Month
c. Crime Victim Awareness Month
d. Crime Victim Awareness Day
According to the FBI’s Uniform Crime Reports, property crimes outnumber violent
offenses by a ratio of
a. 4 to 1.
b. 8 to 1.
c. 10 to 1.
d. 20 to 1.
Which of the following statements is true about judicial conduct commissions?
a. The hearings are open to the public
b. The commission has the authority to remove judges from the bench
c. The commission investigates all complaints brought to its attention
d. None of these are true about judicial conduct commissions
Individuals cannot serve on juries in any state if
a. they are not citizens of the United States.
b. they have been convicted of a felony.
c. they understand English, but are illiterate.
d. All of these answers are correct.
During trial, attorneys must make timely objections to the judge’s rulings on points of
law, or the objection will be deemed waived. This is called the
a. the contemporaneous objection rule
b. the off-the-record objection rule
c. the contemporary objection rule
d. the on-the-record objection rule
CASE 17.1
Beginning around 1890, members of the Progressive movement advocated a variety of
political, economic, and social reforms. They were genuinely concerned about the
economic disparities, social disorders, and excesses of industrialization, particularly as
they affected children. Progressives denounced the evils of child labor and pushed for
legislation banning the practice. They were likewise appalled by the violent and
exploitive conditions of reform schools. The fact that orphans were thrown into reform
schools for the uncontrollable circumstance of having no parents shocked the
Progressives’ moral values. Taking up the plight of the children of the urban immigrant
poor, they argued that these children were not bad, but were corrupted by the
environment in which they grew up.
Within a generation, many of the social forces unleashed by the Progressives would
lead to
a. Prohibition.
b. World War I.
c. a new era in corrections.
d. none of these answers is correct.
CASE 8.1
In evaluating which judicial selection system is best it is important to determine if one
system produces better judges than another. Judicial folklore has long held that
particular systems may produce superior judges. Several studies have systematically
analyzed this folklore. Researchers use measurable judicial credentials, such as
education and prior legal experience, as indicators of judicial quality.
Which of the following statements is true?
a. Some methods of judicial selection produce much better judges than others.
b. Methods of judicial selection make a difference, but not much.
c. Methods of judicial selection make no difference.
d. None of these statements is true.
CASE 4.2
At the second level of state courts are the trial courts of general jurisdiction, usually
referred to as major trial courts. An estimated 3,200 major trial courts in the 50 states
and the District of Columbia are staffed by more than 11,000 judges (LaFountain et al.
2008). The term general jurisdiction means that these courts have the legal authority to
decide all matters not specifically delegated to lower courts.
Most of the nation’s judicial business takes place at what level?
a. City
b. State
c. county
d. federal
Which of the following U.S. Supreme Court decisions held that defendants have the
right to court-appointed counsel during custodial interrogations?
a. Gideon v. Wainwright
b. Terry v. Ohio
c. Miranda v. Arizona
d. Plessey v. Ferguson
How do arrests by police impact the criminal court process?
a. failure to gather enough evidence may make it difficult for the prosecutor to gain a
conviction c. the increase in the number of arrest has swollen the court docket
b. arrests by police do not impact the criminal court process
d. arrests by police may make it difficult to gain a conviction and swell the court docket
CASE 9.1
Dharun Ravi, a freshman at Rutgers University, used a web cam to spy on his gay
roommate’s dorm-room sexual encounters and streamed the video (Shallwani, 2012). A
few days later his roommate Tyler Clementi, a talented young musician, committed
suicide. These events quickly became the subject of intense national interest and Ravi
was charged under New Jersey law with hate crime, invasion of privacy, witness
intimidation, and bias intimidation (but not murder).
The jury in the Ravi case decided that the evidence
a. elevated the crime
b. reduced the crime
c. mitigated the crime
d. waived the crime
A legal error that requires the lower court’s ruling to be overturned is called a(n)
a. fatal error
b. reversible error
c. primary error
d. consequential error
Which Article of the U.S. Constitution provides the basis for the federal judiciary?
a. Article I
b. Article II
c. Article III
d. Article IV
The minimum size criminal jury approved by the U.S. Supreme Court is
a. 6 persons.
b. 8 persons.
c. 10 persons.
d. 12 persons.
In what case did the Court hold that defendants’ could withdraw a guilty plea if the
prosecutor did not keep the promise made in the agreement?
a. Santobello v. New York
b. Alford v. North Carolina
c. Bordenkircher v. Hayes
d. Boykin v. Alabama
Criminal justice is best viewed as a system and a
a. conglomerate
b. business
c. nonsystem
d. victim’s agency
Which of the following is not a characteristic of the traditional American judge?
a. female
b. upper-middle class background
c. Protestant
d. better educated than the average American
Which Amendment to the U.S. Constitution prohibits unreasonable searches and
seizures?
a. First Amendment
b. Fourth Amendment
c. Fifth Amendment
d. Eighth Amendment
CASE 9.2
The criminal courts confront a double bind with regard to victims. On the one hand,
victims are valued for the cases they bring to the system; their misfortunes become the
raw material of the court process. On the other hand, individual victims represent a
potential source of irrationality in the process. The personal and often emotional
involvement of victims in the crime experience can generate particular demands for
case outcomes that have little to do with the public interest.
Members of the courtroom work group may perceive that the victim’s demands for
public justice actually mask a desire for
a. private vengeance
b. private regret
c. public vengeance
d. public vindication
The public defender system was started where in 1914?
a. Chicago
b. Los Angeles
c. New York City
d. Seattle
Which of the following gave the U.S. Supreme Court the authority to invalidate an act
of Congress as unconstitutional?
a. Marbury v. Madison (1803)
b. Article III of the U.S. Constitution
c. The Judiciary Act of 1789
d. The Judiciary Act of 1801
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.
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.
Which of the following are negative consequences of delay in the courts?
a. Delay works to the disadvantage of the prosecutor.
b. Delay works to the advantage of the judge.
c. Delay jeopardizes the rights of defendants.
d. All of these are negative consequences of delay in the courts.
A defendant’s guilty plea must be
a. intelligent and voluntary.
b. exculpatory and sensate.
c. inculpatory and cognitive.
d. volitional and exculpatory.
CASE 14.1
No consensus exists on how the courts should punish the guilty, perhaps due to the fact
that five different philosophical principles guide sentencing in the United States:
retribution, incapacitation, deterrence, rehabilitation, and restoration. These sentencing
philosophies differ in important ways. Some focus on past behavior, whereas others are
future-oriented. Some stress that the punishment should fit the crime, whereas others
emphasize that punishment should fit the criminal. These issues influence contemporary
thinking about sentencing.
Which sentencing philosophy encompasses the idea that offenders deserve punishment?
a. Retribution.
b. Incapacitation.
c. Deterrence.
d. Rehabilitation.
What are the most popular mandatory minimum laws?
a. truth in sentencing laws
b. limited probation laws
c. no good time laws
d. three strikes laws
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
CASE 11.2
A search warrant is a written document, signed by a judge or magistrate, authorizing a
law enforcement officer to conduct a search. The Fourth Amendment specifies that “no
Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched and the Persons or things to be seized.”
In light of the plain language of the Fourth Amendment, search warrants issued by a
neutral judicial officer are the preferred mechanism for authorizing and conducting
searches and seizures in the United States.
Regardless of the area or persons to be searched, a few general rules must be followed
during the execution of a search warrant. Which of the following is notone of those
rules?
a. Search warrants must be executed in a timely manner.
b. The scope of law enforcement activities during the execution of the warrant must be
strictly limited to achieving the objectives that are set forth with particularity in the
warrant.
c. Search warrants can be executed at any time of day.
d. Law enforcement officers are generally required to knock-and-announce their
presence, authority, and purpose before entering premises to execute a search warrant.
CASE 15.2
Since 2000, the U.S. Supreme Court has raised serious doubts about the
constitutionality of many state sentencing guidelines, holding that other than a prior
conviction, any fact that increases the penalty for a crime beyond the statutory
maximum must be tried before a jury (Apprendi v. New Jersey, 2000). Based on this
reasoning, in 2004 the Court struck down sentencing guidelines in the State of
Washington, holding that the Sixth Amendment gives juries (and not judges) the power
to make a finding of fact beyond a reasonable doubt (Blakely v. Washington, 2004). The
dissenters argued that the decision will serve only to increase judicial discretion and
lead to less uniformity in sentencing, perhaps leading to increasing racial
discrimination.
Some state supreme courts held that Blakely did not apply to their state sentencing
schemes until what case?
a. Cunningham v. California (2007).
b. United States v. Booker (2005).
c. Rita v. United States (2007).
d. Kimbrough v. United States (2007).
The organization of courts in the United States impacts the processing of cases in which
of the following ways?
a. decentralization of justice
b. appeals
c. unification
d. problem-solving
Law is both substantive and _____.
Examples of judicial misconduct may range from a conviction for drunk driving, to
failing to supervise a courtroom, to taking bribes in return for official acts.
What is the difference between a juvenile case that is petitioned and one that is
non-petitioned? What types of cases are most likely to be petitioned and which are most
likely to non-petitioned?
A mentally ill defendant may never represent himself in criminal court.
The Supreme Court held that juveniles are entitled to all of the same due process rights
of adults.
Trial courts are primarily concerned with considering evidence to resolve factual
decisions within the bounds of the law.
Critics of judicial elections assert that they are fundamentally inconsistent with the
principle of judicial independence.
Trial courts of _____ jurisdiction are sometimes referred to as inferior courts or lower
courts.
Supporters of the exclusionary rule argue that the rule is the only effective deterrent
against police misconduct.
Explain how the juvenile court differs from the adult court. Provide at least four
examples of how proceedings differ.
Postconviction remedies are also called collateral attacks.
The strength of the _____ provided by police to prosecutors is one of the most
important factors influencing whether charges are filed or not.
The U.S. Supreme Court and state supreme courts can largely select which cases they
want to hear.
Rejection of search warrant applications by magistrates is a common occurrence.
A judge’s office is commonly referred to as _____.
Legal ethics is an example of applied and _____ ethics.
At trial, information about the defendant’s character, prior convictions, or a reputation
would not normally be relevant and is, therefore, inadmissible.
Victims of domestic violence may request a civil _____ order.
The different agencies involved in the administration of the federal court system include
the Judicial Conference of the United State, the Administrative Office of the U.S.
Courts, the Federal Judicial Center, and the U.S. Sentencing Commission. What are
their responsibilities? How are these responsibilities hierarchical in nature?
Public defenders find that defendants more readily accept their advice than the advice
of private attorneys.