What Amendment gives a criminal defendant the privilege not to testify at trial?
a. 4th
b. 5th
c. 6th
d. 7th
During trials, attorneys must make timely objections to judge’s rulings on points of law,
or the objection will be deemed waived. What is the name of the rule?
a. the contemporaneous objection rule
b. the on-the-record objection rule
c. the relinquished objection rule
d. the concurrent objection rule
What is the title of the head of the Department of Justice?
a. The U.S. Solicitor General
b. The U.S. Attorney
c. The Assistant U.S. Attorney
d. The U.S. Attorney General
The most commonly used punishment in the United States is
a. Restitution
b. imprisonment
c. an intermediate sanction
d. probation
How many different major ways are there for judges to be selected in the United States?
a. two.
b. four.
c. three.
d. five.
A nolo contendere plea has all the same criminal and civil consequences as a guilty
plea.
The Progressives were primarily
a. lower class
b. middle class
c. upper class
d. None of these answers is correct
A court that must hear an appeal has what kind of appellate jurisdiction of that appeal?
a. compulsory
b. contingent
c. mandatory
d. presumptive
The United States Constitution specifies that all Article III federal judges are to be
chosen by which form of selection?
a. executive appointment
b. partisan elections
c. bipartisan elections
d. merit selection
The practice of state courts using state constitutions to reinvigorate rights and make
policy is called the new judicial
a. federalism.
b. activism.
c. directive.
d. pronouncement.
CASE 14.3
In Trop v. Dulles (1958), the Supreme Court explained that the scope of the Cruel and
Unusual Punishments Clause of the Eighth Amendment to the U.S. Constitution is not
static, but rather should be interpreted on the basis of “evolving standards of decency in
a maturing society” (p. 101). Since that time, the Court has been repeatedly called upon
to determine if particular capital punishment laws or their application in particular cases
are consistent with the Eighth Amendment as viewed from the perspective evolving
standards of decency in a maturing society.
In 2008 the Court upheld the constitutionality of what form of execution?
a. Electrocution
b. Hanging
c. Gas poisoning
d. Lethal injection
The case of Thurman v. Torrington involved what crime?
a. rape
b. domestic violence
c. assault
d. homicide
Proponents of the due process model of criminal justice believe all of the following,
except:
a. The courts’ priority should be to protect the rights of the individual.
b. The belief in the need to reform people through rehabilitation.
c. That the court system is fundamentally unfair to poor and minority defendants.
d. Informal fact-finding is sufficient to prevent false convictions.
A trial before a judge without a jury is called a(n)
a. informal trial
b. justice trial
c. magistrate trial
d. bench trial
The top layer of the criminal justice wedding cake consists of
a. a few celebrated cases.
b. serious felonies.
c. less serious felonies.
d. misdemeanors.
The dominant reality of contemporary sentencing is:
a. the use of structured sentencing to eliminate wide variations in sentences.
b. prison overcrowding.
c. the decreased used of intermediate sanctions in favor of active sentences.
d. rehabilitation to reduce recidivism.
Which courts are tribunals created by Congress to handle specialized types of cases?
a. article III Courts
b. article II courts
c. state courts
d. Article I courts
How many offices are involved in prosecution in state courts?
a. one.
b. three.
c. two.
d. four.
Since the prosecution bears the burden of persuasion to prove a defendant guilty beyond
a reasonable doubt, and the defendant is protected against being forced to incriminate
himself/herself, limits have been placed on what process?
a. pretrial motions
b. discovery in criminal cases
c. discovery in civil cases
d. discovery in all cases
Which of the following statements is true regarding the U.S. Supreme Court’s decision
in Gideon v. Wainwright?
a. The decision was highly controversial.
b. The Court focused on the need for a lawyer at all stages of the criminal justice
system.
c. The Court decided that judges could not prevent a defendant from bringing a lawyer
to court.
d. The Court declared that lawyers in criminal courts are necessities, not luxuries.
Which Amendment provides the right to counsel?
a. 4th Amendment
b. 5th Amendment
c. 6th Amendment
d. 7th Amendment
All of the following are warrantless search except?
a. search with consent
b. search incident to lawful arrest
c. hidden view
d. plain view
What branch of government typically carries out sentences?
a. the judicial branch of government
b. the executive branch of government
c. the legislative branches of government
d. the correctional branch of government
Various researchers have found that the passage of speedy trial laws in many states has
led to
a. a much more rapid handling of cases.
b. a decrease in the speed of case flow.
c. little change in disposition time.
d. the hiring of considerably more judges and attorneys.
Which of the following is billed as the world’s largest law firm?
a. Federal Bureau of Investigation
b. U.S. Department of Justice
c. U.S. State Department
d. U.S. Attorney’s Office
In Graham v. Florida, the U.S. Supreme Court found that what sentence was in
violation of the Eighth Amendment prohibition against cruel and unusual punishment?
a. life without parole of a juvenile in a non-homicide crime
b. mandatory minimum sentences
c. three strikes sentences
d. capital punishment for juveniles
The American Bar Association recommends that all felony cases reach disposition
within
a. six months of arrest.
b. six months of filing.
c. one year of arrest.
d. one year of filing.
CASE 13.1
Throughout most of our nation’s history, the three broad constitutional provisions
dealing with trial by jury had little applicability in state courts. The U.S. Constitution
applied only to trials in federal courts. These practices changed dramatically, however,
when the Supreme Court decided Duncan v. Louisiana (1968), ruling that the jury
provisions of the Sixth Amendment were incorporated by the Due Process Clause of the
Fourteenth Amendment to apply to state courts, as well. Subsequent decisions grappled
with the problem of defining the precise meaning of the right to trial by jury. The most
important issues concerned the scope of the right to a jury trial, the size of the jury, and
unanimous versus nonunanimous verdicts.
Lupe is exercising her right to a jury trial in state court for attempted murder. Which of
the following rights does she most like have during the trial?
a. the right to a supermajority verdict
b. the right to a unanimous verdict
c. the right to a simple majority verdict
d. the right to have no media coverage during the trial
The Progressive and juvenile court movements began around
a. 1825.
b. 1890.
c. 1930.
d. 1950.
What framework maintains that sentencing decisions are by blameworthiness,
protection of the community, and the practical constraints and consequences of the
sentencing decisions?
a. focal concerns theory
b. qualified sentencing
c. absolute sentencing theory
d. prosecutorial sentencing theory
Which method of providing legal representation for indigent defendants has been found
to violate the Fifth and Sixth Amendments to the U.S. Constitution by at least one state
supreme court?
a. assigned counsel system
b. contract system
c. public defender system
d. pro-bono system
What is a form of settling disputes, such as unruly children annoying neighbors,
through less adversarial means than the traditional court system designed to deal with
issues?
a. alternative dispute resolution
b. domestic court
c. drug court
d. civil court
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 have held political office?
a. the appointment system.
b. the merit system.
c. the Missouri system.
d. the election system.
The due process model starts with the premise that crime is a reflection of
a. social problems
b. family problems
c. moral problems
d. religious problems
CASE 11.2
A search warrant is a written document, signed by a judge or magistrate, authorizing a
law enforcement officer to conduct a search. The Fourth Amendment specifies that “no
Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched and the Persons or things to be seized.”
In light of the plain language of the Fourth Amendment, search warrants issued by a
neutral judicial officer are the preferred mechanism for authorizing and conducting
searches and seizures in the United States.
The vesting of warrant-issuing power in a neutral and detached judicial officer stems
from the Supreme Court’s mandate that warrants can be issued only by people who are
not involved in the
a. activities of law enforcement.
b. activities of the court.
c. activities of justice officials.
d. activities of legal affairs.
Speedy-trial statutes exist in all 50 states.
What are the different ways that a juvenile may be transferred to adult court?
_____ can best be defined as the process through which a defendant pleads guilty to a
criminal charge with the expectation of receiving some benefit from the state.
The office of the solicitor general is in essence a small, elite, very influential law firm
whose client is the U.S. government.
Structured sentencing schemes target sentencing decisions by _____.
The major trial courts decide _____ case and civil cases including domestic relations,
estate, personal injury, and contract cases.
In appeals, questions of fact are review de novo.
In what ways do special limitations on expert witnesses affect the litigation of criminal
cases? Discuss the cases that helped determine limitations on expert witnesses. Include
a discussion of Frye and Daubert.
The crime control model of criminal punishment believes the death penalty is unfairly
administered.
Local control of justice has often been an incubator of corruption and _____.
Because prosecutors represent the government, they enjoy a great deal of protection
from civil lawsuits.
Most state courts have four levels of courts. List and briefly describe the jurisdiction of
the four levels of state courts. Be sure to provide examples of the types of cases each
level hears.
Defendants are overwhelmingly _____and mostly economically underclass, and racial
minorities are overrepresented.
Most of the U.S. Supreme Court’s jurisdiction is _____.
The idea that fear of punishment will prevent crime is called _____.
Victims and witnesses are generally eager to work with the criminal justice system.
The _____ Amendment states that “in all criminal prosecutions the accused shall enjoy
the right to have assistance of counsel for his defense.”
To proponents of the crime control model the death penalty is not a deterrent.