The importance of the Supreme Court is measured in terms of:
a. the cases it does not hear.
b. the sheer volume of cases that they are required to hear each year.
c. the wide-ranging impact their decisions have on all stages of the process.
d. none of these answers is correct
During the Constitutional Convention, Anti-Federalists maintained the belief that a
strong national government would:
a. provide political and economic unity.
b. weaken individual liberties.
c. abolish state courts.
d. create a uniform body of federal law.
Which of the following is true of grand juries?
a. They are used by all states
b. They deliberate in open hearings
c. They issue an indictment in most cases
d. They are utilized only in misdemeanor cases
CASE 2.3
Roberta picks her toddler up at the daycare after she gets off work. The child is asleep
in her car seat and Roberta decides to stop off at the local pool hall for a beer and to talk
to some friends for a little while. She leaves the child in the car while she goes inside.
She winds up staying for a second beer and a couple of line dances. The temperature in
the car reaches 120 degrees and the child dies of hyperthermia. Roberta, though not
very bright, would never intentionally harm her child.
Which of the following elements is apparently lacking in this scenario?
a. actus reus
b. omission
c. mens rea
d. criminal result
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 jury trial _____ is a theory that defendants who demand a jury trial will receive
extra punishment if convicted because they did not agree to enter a guilty plea.
CASE 12.3
Brown was indicted on two felony charges. He agrees to plead to a lesser included
offense and the prosecutor agrees to make no recommendation regarding the sentence.
Months pass before sentencing. Before sentencing, a new prosecutor and judge take
over the case. The prosecutor recommends the maximum one-year sentence and the
judge imposed the sentence.
Based on previous cases, what would the most likely result be if Brown appeals his
case?
a. the sentence will be upheld
b. the verdict will be overturned
c. the sentence would be vacated and the case would be remanded
d. the appeals court would overturn the verdict
The problems in prosecuting and convicting Barker indicate what is often needed in
interpreting the law?
a. discretion
b. rigidity
c. Rule
d. Humility
CASE 7.3
Indigents are defendants who cannot afford to pay a lawyer and, therefore, are entitled
to a lawyer for free. Although the Supreme Court has essentially mandated the
development of indigent-defense systems, it has left the financing and type of delivery
system up to states and counties, which have considerable discretion in adopting
programs (Worden and Worden 1989). How best to provide legal representation for the
poor has been a long-standing issue for the courts and the legal profession. In the
United States, the three primary methods are assigned counsel, contract systems, and
public defender.
The contract systems method is
a. attorneys appointed by the judge on a case-by-case basis.
b. attorneys hired to provide services for a specified dollar amount.
c. a salaried public official representing all indigent defendants.
d. None of these answers is correct.
What term means allegations of judicial wrongdoing?
a. removal
b. impeachment
c. conviction
d. none of these
What might happen to a jury if a judge is concerned about publicity in a trial?
a. they might be nullified
b. they might be summoned
c. they might be venire
d. they might be sequestered
Magistrate judges are
a. nominated by the President and confirmed by the Senate.
b. elected by voters in their district.
c. selected by the U.S. Supreme Court.
d. selected by U.S. district court judges.
Which of the following terms means that there is a “fair probability” that a felony was
committed?
a. reasonable suspicion
b. mere suspicion
c. preponderance of the evidence
d. probable cause
What is the body of rules, other than criminal law, that governs private parties?
a. inheritance law
b. civil law
c. production law
d. attempt law
Over the past several decades, the composition of the bench has become
a. more diverse
b. more white
c. less diverse
d. more male dominated
Assembly-line justice, discretion, and the courtroom work group are all concepts used
to explain what?
a. the difference between law in action and law on the books
b. courthouse discretion
c. the difference between judges and magistrates
d. legal ethics
Analyze the role of the media in the public’s perceptions of crime and the criminal
justice system. Give examples from both the news and entertainment media.
In states without intermediate appellate courts, state supreme courts
a. have complete discretion over the cases placed on their dockets.
b. have no power to choose which cases will be placed on their dockets.
c. hear only civil cases.
d. hear only criminal cases.
Although enthusiasm for helping victims is clearly growing what problem still exists?
a. the willingness to pay for the necessary services is not always present.
b. the ability to pay for the necessary services is not always present.
c. the time to pay for the necessary services is not always present.
d. the willingness to pay for the necessary services is always present.
Defendants and their lawyers may opt for a trial if they think the case factually presents
a reasonable doubt or
a. if the prison sentence will be high.
b. if the defendant is guilty.
c. they are likely to be convicted.
d. the judge in the case is known to be a soft touch.
How do death-qualified jurors differ from regular jurors?
a. Death-qualified jurors are more likely to be male, Caucasian, politically conservative,
and middle-class.
b. Death-qualified jurors are more likely to believe in the infallibility of the criminal
justice process.
c. Death-qualified jurors are more likely to weigh aggravating circumstances (i.e.,
arguments for death) more heavily than mitigating circumstances.
d. All of these answers are correct.
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.
What types of waiver laws permitand sometimes even requirejuvenile court judges to
transfer a juvenile to adult court for criminal prosecution?
a. judicial waiver laws
b. statutory waiver laws
c. prosecutorial waiver laws
d. automatic waiver laws
Because of the numerous sanctions that may be applied to defense attorneys, they are
forced to take what kind of posture?
a. Proactive
b. Neutral
c. complacent
d. reactive
CASE 8.1
In evaluating which judicial selection system is best it is important to determine if one
system produces better judges than another. Judicial folklore has long held that
particular systems may produce superior judges. Several studies have systematically
analyzed this folklore. Researchers use measurable judicial credentials, such as
education and prior legal experience, as indicators of judicial quality.
Which system is likely to produce judges who were former legislators?
a. the appointment system.
b. the merit system.
c. the Missouri system.
d. the election system.
A count bargain means
a. the defendant’s top charge was reduced to something less severe.
b. the defendant agrees to plead guilty to fewer charges.
c. the defendant agrees to plead guilty in exchange for a lesser sentence.
d. the defendant gets one sentence for multiple charges, instead of consecutive
sentences.
Incapacitation that focuses on offenders with a high risk of serious recidivism is termed
a. focused incapacitation
b. special incapacitation
c. selective incapacitation
d. restricted incapacitation
The majority of appeals involve what type of cases?
a. civil cases
b. juvenile cases
c. criminal cases
d. environmental cases
Capital punishment research on the offender-victim dyad established that which of the
following cases were more likely to result in the death penalty as compared to other
dyads?
a. black offenders and white victims
b. white offenders and white victims
c. black offenders and black victims
d. white offenders and black victims
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 do we all the authority to make decisions without reference to specific rules or
facts?
a. delay
b. socialization
c. ethics
d. discretion
The leading advocate for federal grand jury reform is
a. the American Bar Association.
b. the National Association of Criminal Defense Attorneys.
c. the National Center for State Courts.
d. the U.S. Supreme Court.
In what case, in 1972, did the U.S. Supreme Court strike down all capital punishment
laws?
a. Furman v. Georgia
b. Thomas v. Georgia
c. Clark v. Georgia
d. Gregory v. Georgia
Federal judges may be removed from office
a. through impeachment procedures
b. through a recall election
c. by presidential decree
d. by the judicial council
Researchers find that attempts by supervisors to control the work of assistant district
attorneys tend to
a. reduce stress, especially among newly hired assistant district attorneys.
b. increase morale because such efforts lead to fewer differences in the handling of
cases among assistant district attorneys.
c. lead to greater respect for the district attorney because a clear policy is articulated.
d. erode the morale of the office.
CASE 11.1
Smith is sleeping when the police knock on his door to question him regarding a
kidnapping and rape. The police take him to the station because he doesn”t want to talk
in front of his wife. He is put in a lineup but the victim is unable to identify him. In the
interrogation room, Smith asked how he did, and the Detective replies, “You flunked.”
After two hours of questioning, he signed a written confession admitting guilt. At his
subsequent trial the only prosecution exhibit was the signed confession. The jury
quickly returned guilty verdicts for kidnapping and rape.
What constitutional amendment(s) are important in Smith’s case?
a. the Fourth and Fifth Amendments
b. the Fourth Amendment
c. the Fifth Amendment
d. the Eighth Amendment
In recent years, state supreme courts have become important policymakers in a number
of contentious areas, such as same-sex marriages and parental rights in divorce cases.
Since Cunningham, it is clear that Blakely applies to state sentencing laws.
A justice of the peace court provides an example of a trial court of general jurisdiction.
The director of the _____ of the U.S. Courts is responsible for the day-to-day
administrative tasks of the federal courts, including lobbying Congress for more funds
and judgeships.
Both crime control and due process advocates oppose plea bargaining but for different
reasons. What are the differing reason for each groups’ opposition?
There are three major was that judges are selected in the United States.
What specific rights are covered in the reading of the Miranda warnings? What was the
U.S. Supreme Court’s rationale in handing down this decision?
Researchers find that urban courts make greater use of probation and shorter prison
terms than their rural counterparts.
The voir dire process provides a way for prosecutors and defense attorneys to begin
developing rapport with potential jurors.
Evidence at trial is limited to relevant evidence.
The _____ counsel system is used in over half of all U.S. counties, but serves less than
one third of the nation’s population.
What is assembly-line justice? Discuss the strengths and weaknesses of the
assembly-line justice explanation.
For misdemeanor defendants, the initial _____ is typically the defendant’s only
courtroom encounter; three out of four plead guilty and are sentenced immediately.
To be criminal, an act must be voluntary.
The typical remedy for legal mistakes during the trial is a(n) _____ court reversal.
One of the most important tasks of defense attorneys is ____.
Most states have a “_____ exclusion” clause which makes victims living in the same
household as the offender ineligible for victim compensation.
The office of the prosecutor is characterized by _____ organization.
The standard of proof in a criminal case is proof beyond a _____ doubt.
Historically, those eight years old and older were considered adults in the eyes of the
law, prosecuted as adults, convicted as adults, and served their sentences in the same
prison cells as adults.