Original and appellate jurisdiction fall under what classification of jurisdiction?
a. geographical jurisdiction
b. subject matter jurisdiction
c. hierarchical jurisdiction
d. general jurisdiction
Which of the following states does not have any trial courts of limited jurisdiction?
a. California
b. New York
c. Texas
d. Ohio
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
In 2010, the incarceration rate in the United States did what for the first time in 40
years?
a. decreased.
b. increased.
c. remained the same.
d. included women.
Habeas corpus, motions to vacate sentence, mandamus, and Section 1983 and Bivens
Civil Rights Actions are all examples of what type of petitions?
a. prisoner petitions
b. jurisdiction petitions
c. bankruptcy petitions
d. extradition petitions
Prosecutors consider both legal and extra-legal focal concerns when making a charging
decision. Which of the following is an extra-legal focal concern?
a. degree of harm caused by the offense
b. degree of cooperation by the defendant
c. socio-economic status of the victim
d. likelihood of prosecution in another jurisdiction
What is the title given to the state’s chief legal officer?
a. Lead Attorney
b. State Attorney
c. District Attorney
d. Attorney General
What is the name of the situation where a case is heard by all the judges on the
appellate court?
a. de facto
b. corpus delicti
c. mandamus
d. en banc
CASE 7.2
Is it enough to have a lawyer? Must the lawyer also be competent and effective? The
Supreme Court has recognized the effective assistance of counsel as essential to the
Sixth Amendment guarantee (McMann v. Richardson 1970).
In regards to ineffective assistance of counsel, appellate courts must reverse only if the
proceedings were fundamentally unfair and
a. the outcome would have been different if counsel had not been ineffective
b. the outcome would have been worse if counsel had not been ineffective
c. the outcome would have been better if counsel had not been ineffective
d. the outcome would have been the same if counsel had not been ineffective
CASE 12.1
Some people within the court system are concerned that plea bargaining reduces the
courthouse to a place where guilt or innocence is negotiated like prices in a flea market.
Primarily, though, opposition to plea bargaining reflects different ideological
preferences. What is particularly interesting is that civil libertarians as well as
spokespersons for law and order see plea bargaining as a danger, but often for different
reasons.
Which of the following is not one of the reasons supporters of the values of the due
process model are concerned about plea bargaining?
a. that plea bargaining undercuts the protections afforded individuals.
b. that plea bargaining may lead to the conviction of innocent defendants.
c. that plea bargaining produces few tangible benefits for defendants.
d. that plea bargaining degrades the human spirit.
In contrast to the criminal courtroom work group, in the juvenile courtroom work group
a. the judge has less discretion.
b. the prosecutor has little power.
c. defense attorneys have more power.
d. probation officers play a greater role.
Juvenile courts’ interventions in the lives of children and families was based on the
legal doctrine of
a. res ipsa loquitir.
b. ipse dixit.
c. parens patriae.
d. patriae familiae.
CASE 17.2
The nature of the juvenile court process remained unchanged until the 1960s. When the
Warren Court began to scrutinize procedures in adult criminal courts, its attention
turned also to juvenile courts. In a groundbreaking decision, the Supreme Court held in
In re Gault (1967) that the due process clause of the Fourteenth Amendment applied to
juvenile court proceedings. The court emphasized that “under our Constitution the
condition of being a boy does not justify a kangaroo court.”
Gault and subsequent cases signaled that the juvenile court must become a real court
and its procedures must be regularized in accordance with
a. constitutional requirements.
b. parens patriae.
c. civil law.
d. criminal rules of procedure.
What is the name of a request for a judge to make a decision?
a. an affidavit
b. a warrant
c. a motion
d. a judgment
How many states have adopted determinate sentencing laws?
a. all states
b. no states
c. half of states
d. less than half of states
In Blakely v. Washington (2004) the U.S. Supreme Court invalidated a Washington State
sentencing law on what grounds?
a. The law allowed prosecutors to use evidence that had not been admitted at trial.
b. The law allowed judges, rather than juries, to take into account information that
increased a sentence.
c. The law was not in compliance with federal sentencing guidelines.
d. The offender’s prior convictions were granted too much weight.
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.
CASE 12.2
Guilty pleas are the bread and butter of the American criminal courts. Between 85 and
95 percent of all state and federal felony convictions are obtained by a defendant
entering a negotiated plea of guilt (Covey 2008; Hashimoto 2008). Plea bargaining can
best be defined as the process through which a defendant pleads guilty to a criminal
charge with the expectation of receiving some consideration from the state.
When the prosecutor allows the defendant to plead guilty to a less serious charge than
the one originally filed this is called
a. charge bargaining.
b. count bargaining.
c. sentence bargaining
d. limit bargaining.
Which of the following types of evidence is generally not admissible at trial?
a. DNA
b. fingerprint
c. hair analysis
d. Polygraph
In which of the following cases did the U.S. Supreme Court establish that the right to
effective assistance of counsel extends to plea bargaining?
a. Iowa v. Tovar
b. United States v. Ruiz
c. Alabama v. Smith
d. Missouri v. Frye
Why do defense attorneys 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.
What cases involve suits between citizens of different states or between a U.S. citizen
and a foreign country or citizen?
a. diversity of citizenship cases
b. mandamus cases
c. en banc cases
d. venue cases
When does charging occur in juvenile court?
a. during the bail hearing
b. during the case processing
c. during the arraignment
d. during the intake decision
What sentencing schemes target sentencing decisions by judges?
a. structured sentencing
b. determinate sentencing
c. indeterminate sentencing
d. voluntary sentencing
The party who lost in the lower court and files the first appeal is called the
a. respondent.
b. appellee.
c. appellant.
d. complainant.
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.
The idea that the sentence of one offender should be a warning to others is inherent in
what sentencing philosophy?
a. Retribution
b. Incapacitation
c. Deterrence
d. Rehabilitation
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.
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.
CASE 2.1
After confessing to racketeering, Nicky Cheeks’ (through his high-priced mob attorney)
is now saying that his confession was coerced and that his waiver of Miranda rights
was not valid, therefore his confession should not be admissible in court.
Under the adversary system, it is the responsibility of the defense attorney to:
a. prove the defendant not guilty by a preponderance of the evidence.
b. argue for the client’s innocence and assert legal protections.
c. dispute all evidence presented by the prosecution.
d. present a defense that counters all claims made by the prosecution.
How many different types of plea agreements are there?
a. one
b. four
c. three
d. two
The return of a grand jury indictment is also referred to as
a. a true bill.
b. an information.
c. a complaint.
d. an injunction.
What is the major problem facing the federal courts?
a. heavy caseloads
b. reduced jurisdiction
c. legislative cooperation
d. excess funds
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.
Victim impact statements belong in what sentencing philosophy?
a. rehabilitation
b. deterrence
c. restoration
d. incapacitation
Challenges to jurors that require a justification are called challenges
a. per se.
b. for cause.
c. by reason.
d. at law.
The term pro bono means that
a. indigent defendants are entitled to court-appointed counsel.
b. attorneys work free of charge.
c. defendants may represent themselves.
d. an attorney will be selected from a list of practicing attorneys in a jurisdiction.
Approximately 2.5 million people work in the criminal justice system.
When lawyers think an error is being made at trial, they must object in order to give the
trial court _____ the opportunity to correct the error.
What are normal crimes? What are the two most important factors in determining
normal penalties?
A(n) _____ defense means that the defendant claims the crime was committed while the
s/he was somewhere else, and thus could not have been the perpetrator.
Compare and contrast justice of the peace courts and municipal courts.
The role of the prosecutor involves little discretion.
Law is a body of rules enacted by public officials in a legitimate manner and back by
the force of the state.
_____ model adherents criticize plea bargaining because it negates the fundamental
protection of the adversary system.
Analyze the impact the federal courts have on the administration of criminal justice at
the state and local levels through their federal question jurisdiction.
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?
For a death penalty law to be constitutional it must provide for a bifurcated trial
process.
In a limited number of criminal offenses, the _____ of the illegal act plays a critical part
in defining the crime.
Drug crimes are categorized as Type I offenses in the Uniform Crime Reports.
A state _____ provides legal advice to state agencies and represents the state in court
when state actions are challenged.
The increasing use of probation is a direct reflection of the serious problem of prison
overcrowding.
Defense attorneys are the _____ powerful members of the courtroom work group.
The _____ rule bars evidence from being used in the prosecution’s case-in-chief if it
was obtained in violation of a defendant’s constitutional rights.
Victim/witness assistance programs provide economic assistance for victims of crime.
Grand juries generally indict whomever the _____ wants indicted.