What were the main objectives of changes in sentencing structures beginning in the
1960s? What were the major consequences of these changes?
To be eligible for drug treatment by drug courts, defendants
a. must have no prior felony convictions.
b. must have no prior misdemeanor or felony convictions.
c. may be charged with drug possession or drug sale.
d. must request drug treatment, but are not required to admit that they have a drug
problem.
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.
What percentage of all major crimes are never reported to the police?
a. more than half.
b. less than half.
c. more than one fourth.
d. less than one third.
CASE 13.2
Before the first word of testimony, trials pass through the critical stage of jury selection.
Juries are chosen in a process that combines random selection with deliberate choice.
Jury selection occurs in three stages: compiling a master list, summoning the venire,
and conducting voir dire. Whether these processes actually produce fair and impartial
juries has been the subject of much concern.
Basing the master jury list on voter registration tends to exclude which of the
following?
a. the poor
b. the young
c. racial minorities
d. all of these answers are correct
Historically, police officers made an arrest only as a last resort in what crime?
a. assault
b. prostitution
c. Homicide
d. intimate-partner violence
An increase in the public’s fear of juvenile crime has led to what?
a. more treatment for juveniles
b. a get tough attitude towards juveniles
c. a movement towards restorative justice for juveniles
d. a rehabilitative attitude towards juveniles
What is the term for protected statements between an attorney and client?
a. pro bono
b. pro se
c. assigned counsel
d. privileged communication
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.”
In what case following In re Gault did the Court hold that a juvenile is charged with an
act that would be a crime if committed by an adult, then every element of that criminal
act must be proved beyond a reasonable doubt?
a. In re Winship.
b. In re L.M.
c. In re McKeiver.
d. In re Schall.
CASE 8.3
For most Americans, the judge is the symbol of justice. Of all the actors in the criminal
justice process, the public holds the judge most responsible for ensuring that the system
operates fairly and impartially. And most certainly the trappings of officethe flowing
black robes, the gavel, and the command “All rise!” when the judge enters the
courtroomreinforce this mystique. As important as these symbols are, they sometimes
raise obstacles to understanding what judges actually do and how they influence the
criminal justice process.
Which of the following is/are the jobs of a judge?
a. arrest offenders
b. record court proceedings
c. impose sentences
d. charge defendants
In some jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced
at which stage?
a. arraignment
b. initial appearance
c. preliminary hearing
d. trial
CASE 5.2
The regular participants in the day-to-day activities of a courtroom include the judge,
prosecutor, and defense attorney. There actors in the courtroom often make decisions
without reference to specific rules or facts. The decision made by these actors allow the
courtroom process to flow smoothly enable the speedy processing of defendants.
What is the name of the concept that describes the network of ongoing relationships
among courthouse actors?
a. courtroom security
b. courtroom workgroup
c. courtroom personnel
d. courtroom ethics
If a circuit justice thinks that there is merit in a case such that the full Supreme court
should have an opportunity to decide whether to hear the case, the justice will grant:
a. a temporary writ of certiorari.
b. an injunction.
c. a stay.
d. a preliminary review.
In Santobello v. N.Y., the U.S. Supreme Court ruled that what amendment’s right to
effective assistance of counsel applies during plea bargaining?
a. the Eighth Amendment.
b. the Fifth Amendment.
c. the Fourteenth Amendment.
d. the Sixth Amendment.
How are newcomers to a courtroom taught formal requirements of the job and informal
rules of behavior?
a. training
b. mutual interdependence
c. discretion
d. socialization
A judge who accepts a guilty plea agreement reached by the defense attorney and the
prosecutor provides an example of
a. discretion.
b. mutual interdependence.
c. routine administration of justice.
d. assembly-line justice.
CASE 17.3
Although a fairly uniform upper age limit for the exercise of original juvenile court
jurisdiction in delinquency proceedings has been established in the United States, there
is far less uniformity involving lower age limits for juveniles charged with serious
offenses, or who have a history of repeated offenses, who may be tried as adults.
Transfer to criminal court refers to the process whereby the jurisdiction over a juvenile
delinquent is moved to adult court. There are four primary mechanisms for juvenile
transfers to adult criminal courts: judicial waivers, prosecutorial waivers, statutory
waivers, and automatic waivers.
Prosecutorial waivers are sometimes called
a. concurrent jurisdiction waivers
b. conjective jurisdiction waivers
c. consecutive jurisdiction waivers
d. comprehensive jurisdiction waivers
What is one of the most frustrating aspects of being a judge?
a. heavy caseloads
b. administrative problems
c. heavy caseloads and corresponding administrative problems
d. working with the courtroom work group
The level of proof for an officer to conduct a brief, limited, investigative detention
(‘stop
and frisk”) is:
a. probable cause
b. mere suspicion
c. clear and convincing evidence
d. reasonable suspicion
Which of the following is not a major subcomponent of discretion?
a. legal judgments
b. policy priorities
c. judicial restraints
d. personal philosophies
Prior relationships are most notable in what kind of crime?
a. homicide
b. domestic violence
c. assault
d. theft
The key characteristics of common law include all of the following, except:
a. predominately judge-made
b. based on justice
c. found in multiple sources
d. applies rules of law found in previous cases
What sentencing guidelines require a judge to provide an explanation for any deviation?
a. presumptive sentencing guidelines
b. indeterminate sentencing guidelines
c. prescriptive sentencing guidelines
d. voluntary sentencing guidelines
Which U.S. Supreme Court case held that police must inform suspects of their rights
prior to custodial interrogation?
a. U.S. v. Miller
b. Texas v. Cobb
c. Miranda v. Arizona
d. Mapp v. Ohio
In ancient societies, the primary purpose of punishment was
a. rehabilitation.
b. deterrence.
c. incapacitation.
d. retribution.
What type of research do jury consultants use to profile jurors?
a. social scientific research
b. legal research
c. biological research
d. historical research
What is the typical remedy for prosecutorial error?
a. appellate court reversal
b. trial court reversal
c. civil lawsuits
d. criminal lawsuits
Which of the following is consistent with court unification?
a. centralized jury selection
b. integration of federal and state judicial systems
c. localized budgeting
d. statewide financing
The United States has one national court system plus separate court systems in each of
the 50 states and the District of Columbia.
An example of a legal attendant circumstance would be:
a. the credibility of eyewitnesses
b. the defendant’s character
c. the defendant’s getaway vehicle
d. the amount of money or goods stolen
CASE 2.4
Uniformed officers are driving a marked car into an area known for heavy drug
trafficking, intending to investigate drug activity and anticipating encountering drug
customers and lookouts. One officer sees the suspect standing next to a building and
holding an opaque bag. The suspect looks in the direction of the officers and flees. The
officers turn their car, watch the suspect run through an alley, and eventually corner him
on the street. One officer leaves the car, stops the defendant, and conducts a frisk of the
defendant, discovering a concealed handgun.
Which of the following facts cannot be used to provide justification for the stop?
a. It was an area known for heavy drug trafficking.
b. The suspect was standing next to a building holding an opaque bag.
c. The suspect’s unprovoked flight upon seeing the officers.
d. Discovery of the concealed handgun.
What is the name given to automatic discovery for certain types of evidence, without
the necessity for motions and court orders?
a. cooperative disclosure
b. formal disclosure
c. formal mandated disclosure
d. reciprocal disclosure
The most common type of post-conviction relief is
a. habeas corpus.
b. mandamus.
c. de novo.
d. emeritus.
Large prosecutors’ offices generally employ what type of prosecution?
a. horizontal
b. streamlined
c. vertical
d. directed
List the steps in processing a typical felony case. Briefly describe what happens at each
step.
In _____ cases, the relationship between lawyer and client is often characterized by
trust and full disclosure.
Most lawyers practice civil law because it is more _____.
The minimum size of a jury approved by the U.S. Supreme Court (at least for
non-capital cases) is _____ persons.
Today, the trial courts that primarily exercise original jurisdiction in the federal system
are the United States _____ Courts.
The bailiff is responsible for transporting detained defendants from jail to the
courthouse.
A failure to act when there is a legal duty to act can also qualify as “actus reus.”
Statements made by a client to his or her attorney are considered _____
communication.
Describe the impact of court organization and its consequences.
The doctrine of parens _____ authorizes the state to act as a parent.
Grand juries decide the guilt or innocence for defendants charged with felony offenses.
Describe the process of impeachment for a federal judge from the complaint stage to
the dismissal stage.
Because the payment to court-appointed counsel or public defenders is very low,
discuss the quality of counsel often available to indigent defendants. What type of
lawyer engages in court-appointed defense work?
A defendant is not required to prove him or herself innocent.
Legal ethics seek to ensure clients that their lawyers are working in their best interests.
Members of the courtroom work group become frustrated when victims and witnesses
do not cooperate and are intimidated by the defendant or the defendant’s friends and
family. Describe some ways victims and witnesses can be uncooperative. What issues
do you think the court should address to deal with this failure to cooperate?
Proceedings in juvenile court are more formal than in adult court.