To gain a potential advantage in plea bargaining, prosecutors sometimes
a. deliberately overcharge.
b. waive grand jury review.
c. demand a preliminary hearing.
d. refuse to take Alford pleas.
A basic principle of U.S. law is that the losing party has the right to
a. one appeal
b. no appeal
c. two appeals
d. as many appeals as necessary
The Latin term for when a prosecutor dismisses charges is
a. non sequitor
b. writ of certiorari
c. corpus delicti
d. nolle prosequi
Criminal trials start with two presumptions: the presumption of innocence and the
presumption of:
a. sanity
b. equality
c. zealous representation
d. judicial activism
Challenges to jurors that do not require reasons are termed
a. automatic challenges
b. discretionary challenges
c. peremptory challenges
d. ministerial challenges
Sentencing is a two-stage process. The first decision whether to grant probation, to
incarcerate, or impose an intermediate sanction. The second decision is what?
a. where to incarcerate
b. who should supervise
c. whether to punish consecutively or concurrently
d. how long the sentence should be
The burden of proof required for a victory in a civil case is:
a. preponderance of evidence
b. beyond a reasonable doubt
c. probable cause
d. reasonable suspicion
This type of prisoner petition seeks a court order to compel a public entity or official to
do something that is owed to the plaintiff as a matter of constitutional or statutory right.
a. mandamus
b. habeas corpus
c. motion to compel
d. Section 1983 action
CASE 4.1
Just as American law borrowed heavily from English common law, the organization of
American courts reflects their English heritage. But the colonists and later the citizens
of the fledgling new nation that called itself the United States of America adapted this
English heritage to the realities of the emerging nation. Issues such as the clash of
opposing economic interests, the debate over state versus national power, and outright
partisanship have shaped America’s 50 diverse state court systems.
In the colonial courts, each colony modified its court system according to what?
a. local customs
b. patterns of commercial trade
c. different religious practices
d. each colony modified its court system in all of these ways
Of the delinquency cases brought to the attention of the juvenile court, approximately
what percentage are handled formally by the juvenile court?
a. 40
b. 54
c. 74
d. 90
What member of the court room work group generally conducts a pre-sentence
investigation?
a. the defense attorney.
b. the probation officer.
c. the prosecutor.
d. the judge.
The American Civil Liberties Union outlined three priorities for the juvenile justice
system. What was the first priority?
a. keep children out of the criminal justice system
b. protect the rights of incarcerated children
c. reintegrate juvenile delinquents into communities
d. place troubled youth in mental health facilities
More studies have been done of racial discrimination at what decision point than any
other in the criminal justice system?
a. arrest.
b. sentencing.
c. booking.
d. release.
Questions of law are reviewed
a. de novo
b. for reasonableness
c. for clear error
d. for abuse of discretion
What is the lack of cooperation by victims and witnesses in low-income, high crime
neighborhoods often called?
a. legal cynicism
b. witness cynicism
c. victim cynicism
d. victim/witness cynicism
Why are most criminal cases affirmed on appeal?
a. The harmless error rule
b. The harmless error rule and standards of review applied by appellate courts
c. standards of review applied by appellate courts
d. none of these answers is correct
According to the chapter, who is the most experienced member of the courtroom team?
a. the judge.
b. the prosecutor.
c. the defense attorney.
d. the stenographer.
Which of the following is an Index Crime?
a. embezzlement
b. simple assault
c. fraud
d. robbery
What type of crime is generally handled by major trial courts?
a. misdemeanor crimes
b. violations
c. felony crimes
d. all crimes
Which Congressional action gave the U.S. Supreme Court control over its’ docket?
a. Court of Appeals Act of 1891
b. Judges Bill of 1925
c. Judiciary Act of 1789
d. Federal Court Improvement Act of 1982
Which of the following occurs with the imposition of tougher laws?
a. police do not necessarily make more arrests
b. juries are reluctant to convict
c. prosecutors are pressured to plea bargain
d. all of these occur with the imposition of tougher laws
In which of the following U.S. Supreme Court decisions was the exclusionary rule
developed?
a. Miranda v. Arizona
b. Weeks v. U.S.
c. U.S. v. Miller
d. U.S. v. Salerno
Explain and describe California’s Three Strike’s Law by making reference to the Ewing
case from California. Explain the rationale for the law and why Ewing appealed his
conviction to the U.S. Supreme Court. Explain the Supreme Court’s ruling in the case,
and your thoughts about the decision rendered.
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 does George’s victim impact statements best represent?
a. incapacitation
b. restoration
c. deterrence
d. retribution
The judge explains the relevant law to the jury in the jury
a. instructions.
b. voir dire.
c. venire.
d. verdict form.
What is the most common type of postconviction relief?
a. habeas corpus
b. en banc
c. amicus curiae
d. certiorari
A lower trial court would only handle the initial stages of which type of case?
a. Public drunkenness
b. Petty theft
c. Disorderly conduct
d. Robbery
Appellate courts primarily review the legal decisions made by trial courts. In doing so
they serve dual purposes. The first is error correction, what is the second?
a. policy formation
b. vacating sentences
c. issuing stays
d. issuing writs of certiorari
The hierarchy rule is related to which of the following documents?
a. the NCVS
b. the NIBRS
c. none of these documents
d. the UCR
What is a common type of post-verdict motion?
a. motion for a change of venue
b. motion for a continuance
c. motion for a new trial
d. motion for a writ of habeas corpus
List and describe the three primary methods used in the United States to provide
indigent defendants with attorneys.
The single most important Supreme Court case with respect to juvenile justice is In re
Gault. Briefly describe the case and its impact on the juvenile justice system.
In _____ bargaining the prosecutor allows the defendant to plead guilty to a less serious
charge than the one originally filed.
With regard to juvenile proceedings, juveniles have the right against self-incrimination.
Parental rights may be terminated altogether if a juvenile court judge determines that
the parents failed in their responsibility to raise a child properly.
Some states set no _____ age for transfer of juveniles to adult court.
The organization of prosecutors in the United States is consistent across the state and
federal criminal justice system.
Southern states account for the most capital sentences but not the most executions.
Researchers consistently find that jurisdictions with larger caseloads have higher rates
of plea bargaining than jurisdictions with smaller caseloads.
A petit jury is the jury that hears a criminal trial.
Self-representation is a rare occurrence.
Most defendants plead guilty.
The burden of persuasion is the obligation of a party to prove a fact to a certain level.
Therapeutic drug courts operate in all 50 states.
A common form of a plea agreement is called _____ bargaining. A plea of guilty is
entered in exchange for leniency in sentencing.
Typical felony defendants possess few of the _____ needed to compete successfully in
an increasingly technological society.
Both justice of the peace courts and _____ courts are considered lower courts.
If state judicial conduct commissions find merit to a complaint about a judge, they often
implement formal sanctions immediately.