Joe Smith suffers from paranoid schizophrenia. He has been under a doctor’s care for
ten years, but often stops taking his medication because he thinks he’s cured. While off
his medication, Joe steals a car to “escape from a CIA hit man,” accidentally running
over and seriously injuring a pedestrian in the process. Joe is arrested and charged with
several felonies. His public defender believes he is not guilty by reason of insanity.
Which of the following is true regarding the use of the insanity defense in this case?
a. In addition to the burden of proving the elements of the offense, the prosecution bears
the additional burden of proving the defendant is not insane.
b. With increasing public awareness regarding mental illnesses, the insanity defense has
become more commonly presented and is often successful.
c. The defense bears the burden of proving the defendant’s insanity, often an expensive
proposition.
d. If acquitted, Joe will likely spend less time in a mental facility than in jail or prison.
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.
The FBI, DEA, U.S. Marshals Service, and the Federal Bureau of Prisons are all part of
which entity?
a. Department of Justice
b. The U.S. Attorney General
c. The Federal Judiciary
d. Homeland Security
When lawyers think an error is being made at trial, they must object in order to
a. give the trial court judge the opportunity to correct the error.
b. give the defense attorney a chance to correct the error.
c. give the prosecutor the opportunity to correct the error.
d. give the clerk the opportunity to verify the error.
Searches fall into two broad categories:
a. warrant and probable cause.
b. warrantless and reasonable suspicion.
c. warrant and warrantless.
d. bench warrant and affidavit.
Most civil cases involve a request for:
a. declaratory judgment
b. monetary damages
c. an injunction
d. temporary restraining order
CASE 10.2
The United States experienced a dramatic increase in crime at the beginning of the
1960s. For almost two decades, the number of crimes known to the police increased
much faster than the growth in population. The crime rate plateaued in the beginning of
the 1980s and has deceased considerably since the early 1990s. Despite these decreases,
the public continues to perceive that crime is on the increase. These fears are reinforced
by extensive media coverage, particularly of violent crime.
How many official measures of crime exist in the United States?
a. two.
b. three.
c. four.
d. five.
Evaluations of boot camp graduates show that
a. the quasi-military experience sends most offenders off in more positive directions;
boot camp graduates are significantly more likely to find and keep jobs.
b. the physical training and harshness of the program help inner-city youth stay out of
trouble once they return to their communities.
c. these programs cost significantly less than traditional incarceration.
d. boot camp graduates do no better than other offenders after release.
If a person is indicted, s/he is
a. convicted of a crime.
b. found guilty of contempt of court.
c. exonerated.
d. charged with a crime.
Which of the following statements is consistent with some research?
a. More racially-diverse courtroom work groups appear to reduce sentencing disparities
b. Less racially-diverse courtroom work groups appear to reduce sentencing disparities
c. More racially-diverse courtroom work groups appear to increase sentencing
disparities
d. Less racially-diverse courtroom work groups appear to increase sentencing
disparities
The obligation of a party to produce evidence to put facts in issue is called the burden
of:
a. presumption
b. production
c. progression
d. persuasion
Roy Flemming (1990) studied how many prosecutors’ offices in three states?
a. seven.
b. eight.
c. nine.
d. ten.
The prosecution always bears the burden of persuading the trier-of-fact that the
defendant:
a. is guilty based on clear and convincing evidence.
b. committed the majority of the elements of the crime(s) charged
c. committed each and every element of the crime(s) charged
d. is guilty and deserves to be punished to the fullest extent of the law
The standard of proof required in juvenile court to classify a juvenile as a delinquent is
a. probable cause.
b. preponderance of the evidence.
c. reasonable suspicion.
d. beyond a reasonable doubt.
A nolo contendere plea has all the same criminal and civil consequences as a guilty
plea.
How many different major ways are there for judges to be selected in the United States?
a. two.
b. four.
c. three.
d. five.
The Progressives’ efforts to save the children of the urban masses reflected
a. a major shift in thinking about children.
b. a minor shift in thinking about children.
c. the typical thinking at the time about children.
d. no change in thinking about children.
Drug prosecutions account for approximately what percentage of all federal criminal
cases?
a. 10
b. 20
c. 40
d. 65
The Progressives were primarily
a. lower class
b. middle class
c. upper class
d. None of these answers is correct
Although most cases are disposed by a guilty plea, approximately what percent of
defendants are tried?
a. 10%
b. 30%
c. 20%
d. 40%
The three main components of the American Criminal Justice system are:
a. federal, state and local
b. judges, prosecutors, and defense attorneys
c. police, courts, and corrections
d. probation, prison, and parole
CASE 16.1
Appeals courts approach appellate decision making in different ways, depending on the
types of questions presented for review on appeal. Sometimes appellate courts are very
deferential to what happened in lower courts, while other times they give no deference
at all. How much deference or scrutiny an appellate court will afford to the decisions of
a judge, jury, or administrative agency in an appeal is referred to as the standard of
review.
Questions of fact decided by a judge will receive what standard of appellate review?
a. de novo c. clear error
b. reasonableness d. abuse of discretion
Although the prosecution can file an appeal over a question of law, the Double Jeopardy
Clause of what amendment to the U.S. Constitution prevents the prosecution from
seeking to have a “not guilty” verdict overturned on appeal?
a. the Fifth Amendment
b. the Seventh Amendment
c. the Sixth Amendment
d. the Eighth Amendment
CASE 5.2
Court jurisdiction structure are intangible concepts but courthouses are concrete. From
the outside, courthouses appear to be imposing government buildings, but on the inside
they are beehives of activity. Courthouses are places where you find lawyers arguing
before juries, talking to their clients, and conversing with one another. But courthouses
also employ numerous nonlawyers who perform vital roles; without clerks and
probation officers, bail agents and bailiffs, courthouses could not function.
All of the following are law enforcement personnel that may be in a courtroom except
a. Court Security Staff.
b. Sheriff’s Deputy.
c. Bailiff.
d. Probation Officer.
What rule prohibits the prosecutor from using illegally obtained evidence during a trial?
a. the exclusionary rule.
b. the discovery rule.
c. the alibi rule.
d. the suppression rule.
A typical court system includes how many layers?
a. Two
b. Three
c. four
d. five
CASE 12.3
Plea bargaining is a contest involving the prosecutor, defendant, defense counsel, and at
times, the judge. Each party has its own objectives. Each attempts to structure the
situation to its own advantage by using tactics to improve its bargaining position. Each
defines success in terms of its own objectives. Among the conflicting objectives,
accommodations are possible, because each side can achieve its objectives only by
making concessions on other matters.
To improve their bargaining position, some prosecutors deliberately
a. negotiate directly with the defense attorney.
b. involve the judge in the negotiations.
c. overcharge the defendant.
d. interfere with the trial court calendar.
Most “federal question” cases present issues concerning:
a. the interpretation or application of the U.S. Constitution.
b. cases in which two or more states are parties.
c. the application and interpretation of a statute enacted by Congress.
d. securities and banking regulations relating to the housing market crash.
What is the name of automatic discovery for certain types of evidence, without the
necessity for motions and court orders?
a. reciprocal disclosure.
b. informal disclosure.
c. formal disclosure.
d. imperfect disclosure.
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 on the
books”?
a. Police Mirandize a suspect and obtain a voluntary confession.
b. At initial appearance, the judge sets a low bail because the jail is overcrowded.
c. The prosecutor meets with the defense attorney to discuss the terms of a plea
agreement.
d. Upon accepting the plea, the judge sentences the defendant based on his own
discretion.
Who is the most prestigious member of the courtroom workgroup?
a. the judge.
b. the defense attorney.
c. the prosecutor.
d. the court clerk.
The Progressive and juvenile court movements began around
a. 1825.
b. 1890.
c. 1930.
d. 1950.
At which of the following stages in the criminal justice process is an indigent defendant
not guaranteed counsel paid for by the government?
a. plea bargaining
b. trial
c. first appearance
d. discretionary appeal
CASE 6.2
Ethical issues facing prosecutors are very different from those confronting defense
attorneys because prosecutors do not represent individual clients. Prosecutors often
define their jobs as representing victims of crime and the police, but these are not
typically considered to fit under the attorney”client relationship. Rather, the client of the
prosecutor is the government, and for this reason prosecutors are given special
responsibilities.
In what case was it determined that a district attorney’s office may not be held liable
under Section 1983 for failure to train prosecutors based on a single Brady violation?
a. Connick v. Thompson (2011).
b. Kalina v. Fletcher (1997).
c. Buckley v. Fitzsimmons (1993).
d. Burns v. Reed (1991).
CASE 10.3
Deciding whom to release and whom to detain pending trial poses critical problems for
American courts. The realities of the bail system in the United States reflect an attempt
to strike a balance between the legally recognized purpose of setting bail to ensure
reappearance for trial and the working perception that some defendants should not be
allowed out of jail until their trial.
Which of the following factors reflects a law in action approach to bail setting?
a. There is a serious risk that the person will flee.
b. The person may obstruct justice.
c. The offense is one of violence.
d. The jail is overcrowded.
Explain why most lawyers do not represent criminal defendants.
Evaluate the major problems facing the federal courts and the strengths and weaknesses
of the major solutions that have been proposed to address these problems.
Explain what a “conditions of confinement” lawsuit is, including who files it, the basis
for the claim, and an example of such a claim.
The executive branch of government becomes involved in punishment by way of
pardons and parole.
On the civil side, the lower courts decide disputes under a set amount.
Assistant prosecutors are often judged not on how many cases they win, but on how
few they lose.
Judges are appointed by executives (like governors and the president), elected by the
voters, or appointed through a merit selection process.
A prison guard may not be sued by a prison inmate.
The police may remain on premises only for as long as it is necessary to conduct the
search.
The U.S. Supreme Court has ruled that the effective assistance of counsel is a right
protected by the __________________ Amendment.
Both justice of the peace courts and courts are considered lower courts.
Grand juries have the power to grant witnesses immunity from prosecution.
Civil lawsuits are an effective way for victims to receive compensation from
defendants.
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?
The U.S. Department of Justice is headed by the U.S. ____________________, who is
a member of the president’s cabinet.
Explain why many argue that the prosecutor is the most powerful member of the
courtroom work group.
Some defendants are processed in groups. For example, during the initial appearance,
felony defendants may be advised of their rights in one large group rather than
individually.