The primary justification for providing constitutional safeguards in the criminal justice
process is to ensure that:
a. innocent persons are not harassed or wrongly convicted
b. the guilty are punished
c. society administers justice to the accused
d. convictions are not overturned on appeal
Which of the following court participants is supposed to stand at the center of the
criminal court drama?
a. the prosecutor
b. the defendant
c. the defense attorney
d. the judge
When a defendant bears the burden of persuasion to prove a defense, it is called a(n):
a. alibi defense
b. affirmative defense
c. defense rebuttal
d. violation of due process
The party who initiates a civil suit is known as the:
a. Appellant
b. Victim
c. appellee
d. plaintiff
In Ewing v. California the U.S. Supreme Court held that what California law did not
violate the Eighth Amendment?
a. mandatory-minimum sentencing
b. parole abolition
c. indeterminate sentencing
d. three-strikes
What is the best-known example of shock incarceration?
a. probation
b. intensive supervision probation
c. parole
d. boot camp
This doctrine requires a judge to decide a case by applying the rule of law found in
previous cases, provided the facts are similar.
a. selective incorporation
b. judicial restraint
c. precedent
d. jurisprudence
A person cited for a misdemeanor would most likely appear before
a. a court of limited jurisdiction.
b. a court of general jurisdiction.
c. a circuit court.
d. a court of common pleas.
What amendment provides for the right to a speedy and public trial?
a. Fourth
b. Fifth
c. Sixth
d. Seventh
The key components of court unification do not include
a. simplified court structure
b. decentralized administration
c. centralized rule making
d. centralized judicial budgeting
Which of the following is not true of the highest state courts?
a. All of these answers are true.
b. All the judges on the court participate in rendering a decision about a particular case.
c. All state supreme courts have a limited amount of original jurisdiction.
d. Some states have more than one court of last resort.
What is the most common explanation for plea bargaining?
a. too many cases.
b. poor police practices.
c. lack of evidence.
d. difficult defense attorneys.
In carrying out responsibilities in court, judges mainly react to the work of prosecutors
and
a. interpreters.
b. court reporters.
c. defense attorneys.
d. stenographers.
Considerable evidence shows that plea bargaining became a common practice in state
courts sometime after
a. the Civil War
b. World War II
c. World War I
d. the Korean War
A defendant charged with a serious offense has the right to a jury trial only if the
offense is punishable by a term of incarceration of more than
a. 30 days.
b. 90 days.
c. 6 months.
d. one year.
Discretion in the criminal justice system has been compared to what kind of process?
a. evolutionary process
b. constitutional process
c. debilitating process
d. hydraulic process
What is the name of the first Hispanic appointed to the United States Supreme Court?
a. Scalia
b. Breyer
c. Kagan
d. Sotomayor
Which two Amendments to the U.S. Constitution mention due process?
a. Fifth and Sixth
b. Eighth and Tenth
c. Fifth and Fourteenth
d. Eighth and Fourteenth
During what phase of the criminal justice process is the felony defendant formally
accused of a crime and called upon to enter a plea?
a. initial appearance
b. preliminary hearing
c. arraignment
d. sentencing phase
Small prosecutors’ offices generally employ what type of prosecution?
a. horizontal
b. streamlined
c. vertical
d. directed
What Act, passed in 1996, greatly restricted access to habeas corpus actions?
a. the Innocence Protection Act
b. the Prosecutorial Misconduct Act
c. the Antiterrorism and Effect Death Penalty Act
d. the Judicial Act
Why do most lawyers practice civil law?
a. it is more lucrative
b. they have higher prestige
c. they have fewer problems dealing with clients
d. all of these answers are correct
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.
What kind of crimes do state courts primarily decide?
a. major drug distribution
b. terrorist crimes
c. white-collar crimes
d. street crimes
Which of the following is true of many state court systems regarding postconviction
remedies?
a. they are unlimited
b. they are strictly limited
c. prisoners can only file them pro se
d. attorneys for filing are provided
Which of the following is a key consideration for prosecutors when deciding whether to
offer a defendant a plea deal?
a. a defendant’s willingness to avoid incarceration
b. a victim’s desire to have the case go to trial
c. the strength of the case
d. a defendant’s willingness to testify in another case
CASE 6.3
Prosecutors spend most of their time working directly with other members of the
courtroom work group. Even when interviewing witnesses or conducting legal research,
the prosecutor is anticipating the reactions of judges and defense attorneys. Thus, the
activities of prosecutors can be understood only within the setting of the courtroom
work group (Worden 1990).
Who is the most important member of the courtroom work group?
a. The prosecutor.
b. The judge.
c. The court clerk.
d. The stenographer.
Why do prosecutors engage in plea bargaining?
a. to move cases.
b. to gain leniency for the defendants.
c. to gain convictions.
d. None of these answers is correct.
Which Amendment to the U.S. Constitution provides for protection against
self-incrimination?
a. 1st Amendment
b. 4th Amendment
c. 5th Amendment
d. 6th Amendment
Prosecutors prefer to deal with inexperienced defense attorneys.
Explain the function of the criminal justice system from both an interdependent system
perspective as well as a fragmented non-system perspective.
As written by the framers of the U.S. Constitution more than 200 years ago, the right to
counsel meant only that a judge could not prevent a defendant from bringing a lawyer
to court. Thus, it affected only those who could afford to hire their own lawyers.
The _____ model of criminal justice believes the death penalty should be abolished
because it is morally wrong for the state to take a life.
The three major agencies involved in prosecution in state courts are the State Attorney
General, the chief prosecutor, and the _____ prosecutor.
In criminal cases, the relationship between lawyer and client is more likely to be
marked by distrust and hostility.
The bail agent provide a _____ form of insurance.
Discrimination refers to legitimate influences on the sentencing processes.
Administrative regulations are the newest, fastest growing, and least understood source
of law.
Identify and describe three types of programs/initiatives designed to aid victims in
coping with the criminal justice process.
The juvenile court is a continuing legacy of the _____ Movement.
Newcomers to a job learn the formal and informal rules of behavior through ____.
The party who initiates or files the first appeal is called the _____.
Discovery is designed to give only the defense in a legal dispute a good idea about the
evidence that will be presented at trial.
Discuss the five ways that juvenile courts differ from adult courts. How does this fit
with the philosophy of the progressives and the child-savers?
Describe the wedding cake model of the criminal justice system. Be sure to provide
examples of the types of offenses that may be found in each layer.