In ____________________ the Court ruled that prosecutors enjoy only qualified
immunity from civil lawsuits for actions taken during criminal investigations and
statements made during news conferences.
a. Berger v. United States
b. Buckley v. Fitzsimmons
c. Burns v. Reed
d. Kalina v. Fletcher
After booking, arrestees will be brought before a judge and advised of their rights, the
charges against them, and given a chance to make bail at the:
a. pretrial hearing
b. initial appearance
c. arraignment
d. preliminary hearing
A plea of ____________________ is the criminal equivalent of a guilty plea.
Defendants are formally charged in court with a violation of the criminal law by
a. a complaint signed by the victim.
b. a bill of information filed by the prosecutor.
c. an arrest warrant prepared by the police.
d. defendants can be formally charged in any of these ways.
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
Which participants in the criminal justice system have traditionally been forgotten?
a. Defendants
b. Victims and witnesses
c. Defense attorneys
d. Members of juries
Which of the following statements is true regarding legal ethics?
a. Lawyers are not allowed to mislead the court.
b. Lawyers cannot knowingly allow witnesses for their side to perjure themselves.
c. Before an individual may be admitted to the bar, s/he must pass a separate test on
legal ethics.
d. All of these statements are true.
Which of the following is not a duty of the clerk of court?
a. overseeing jury selection
b. creating a shorthand record of court proceedings
c. docketing cases
d. collecting fees
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.
Failing to respond to a jury summons can result in a warrant being issued for arrest;
punishments include
a. 30 days in jail
b. $150 fine
c. fines or jail sentences
d. none of these answers is correct
The first victim compensation program in the United States began in what state in
1965?
a. California
b. Michigan
c. New York
d. Wisconsin
Which of the following types of punishment has figured prominently in studies of racial
discrimination in sentencing?
a. parole
b. capital punishment
c. probation
d. fines
Which of the following is not a common element of community prosecution?
a. Prosecutors have the responsibility not only to prosecute cases but also reduce crime.
b. The most effective results are obtained within small, manageable geographic areas.
c. The most effective results are obtained by reacting to crime through prosecution.
d. Change is more likely to occur through cooperative efforts or partnerships.
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.
Of the following, which is one of the official measures of crime in the United States?
a. the UCR.
b. the DEA.
c. the NCVS.
d. the NIBRDS.
In Sheppard v. Maxwell the U.S. Supreme Court ruled that what violated Sheppard’s
right to a fair trial?
a. bias in jury selection
b. prejudicial pretrial publicity
c. jury tampering
d. jury nullification
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.
What amendment to the Constitution prohibits excessive bail?
a. the Eighth Amendment.
b. the Sixth Amendment.
c. the Fourth Amendment.
d. the Fifth Amendment.
Coercive police practices are a violation of this essential element of due process.
a. equal protection
b. the third degree
c. self-incrimination
d. fundamental fairness
Large prosecutors’ offices generally employ what type of prosecution?
a. horizontal
b. streamlined
c. vertical
d. directed
CASE 4.2
At the second level of state courts are the trial courts of general jurisdiction, usually
referred to as major trial courts. An estimated 2,000 major trial courts in the 50 states
and the District of Columbia are staffed by more than 11,000 judges (LaFountain et al.
2008). The term general jurisdiction means that these courts have the legal authority to
decide all matters not specifically delegated to lower courts.
Most of the nation’s judicial business takes place at what level?
a. city c. county
b. state d. federal
Approximately what percentage of state court judges in the United States are women?
a. Less than 10
b. 28
c. 33
d. 50
Which of the following is not true of the highest state courts?
a. All of these answers are true.
b. All the judges on the court participate in rendering a decision about a particular case.
c. All state supreme courts have a limited amount of original jurisdiction.
d. Some states have more than one court of last resort.
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.
The least deferential standard of appellate review in criminal cases is
a. de novo c. clear error
b. reasonableness d. abuse of discretion
CASE 4.2
At the second level of state courts are the trial courts of general jurisdiction, usually
referred to as major trial courts. An estimated 2,000 major trial courts in the 50 states
and the District of Columbia are staffed by more than 11,000 judges (LaFountain et al.
2008). The term general jurisdiction means that these courts have the legal authority to
decide all matters not specifically delegated to lower courts.
Over the past decade and a half, criminal cases filed in general jurisdiction courts
(primarily felonies) increased
a. 25%
b. 45%
c. 35%
d. 55%
What plea has the same consequences in criminal court as a guilty plea?
a. de jure
b. de facto
c. non compos mentos
d. nolo contendere
“He got what he deserved! I feel better knowing that wife beaters must make public
apologies.” That statement best matches which of the following purposes of
punishment?
a. retribution
b. incapacitation
c. general deterrence
d. specific deterrence
The leading cause of wrongful convictions is
a. overzealous police and prosecutors who develop “tunnel vision”.
b. inadequate representation by incompetent or overworked attorneys.
c. subjective forensic analysis (e.g., fingerprints) that are taken to be scientific and
unerring.
d. mistaken eyewitness identification.
In what type of punishment does the offender directly compensate the victim for the
harm caused by the criminal offense?
a. restitution
b. electronic monitoring
c. a fine
d. community service
CASE 1.3
As a result of increased enforcement efforts, the courts and correctional facilities are
inundated with mostly low-level drug offenders. Public support of the newest campaign
in the war on drugs is starting to wane as increasing taxes to build new jails to house
pretrial detainees are discussed.
Which of the following is not part of the “due process” belief system?
a. The war on drugs has a disproportionate effect on racial minorities.
b. “Speedy trial” legislation should be enacted to ensure that justice is not delayed.
c. The adversarial process at trial achieves the correct result.
c. Rehabilitation achieves the dual result of deterrence and increased public safety.
The U.S. Supreme Court’s ruling in Brady v. Maryland prevents the suppression of what
type of evidence?
a. Incriminating
b. Exclamatory
c. Exculpatory
d. Confessions
According to Nardulli’s study, how often were motions to suppress evidence filed?
a. rarely
b. often
c. never
d. always
An advantage to the public defender system is that
a. it likely provides more experienced counsel.
b. excellent private attorneys may be appointed.
c. legal fees are kept down because attorneys compete for clients.
d. the Due Process Model is more likely to be followed.
Federal judges are appointed for how long?
a. four-year terms
b. six-year terms
c. ten-year terms
d. life
Which of the following statements is not true regarding the disclosure of evidence by
the prosecutor?
a. The U.S. Supreme Court has ruled that prosecutors are required to hand over
exculpatory evidence to the defense.
b. Only on rare occasions do prosecutors face sanctions from the bar association for
failure to disclose evidence to the defense.
c. When appellate courts find that prosecutors improperly withheld evidence from the
defense the typical remedy is to reverse the verdict and order a new trial.
d. A prosecutor may be sued by a defendant for withholding exculpatory evidence from
a defense attorney.
Which of the following statements is true about appellate courts?
a. Retrials occur in appellate courts.
b. In most cases, an appellate court will reexamine the facts presented in the trial court.
c. Appellate courts hear new testimony and consider new evidence.
d. Appellate courts do not hear evidence at trials.
Which of the following U.S. Supreme Court decisions held that defendants have the
right to court-appointed counsel during custodial interrogations?
a. Gideon v. Wainwright
b. Terry v. Ohio
c. Miranda v. Arizona
d. Plessey v. Ferguson
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.
What does a plea bargain represent to a prosecutor?
a. avoiding going to trial.
b. certainty of conviction.
c. less time spent with the defense attorney.
d. none of these answers is correct.
Pursuant to Boykin v. Alabama, when a defendant enters a guilty plea, it must be
intelligent and _____________________.
The U.S. Supreme Court has ruled that master jury lists must reflect a representative
and impartial cross section of the community.
_________________________ justice explains why few cases receive individual
treatment.
If a police lineup is improperly conducted, the identification of the suspect may be
excluded from evidence during trial pursuant to the exclusionary rule.
The primary advantage of ____________________ systems is that they limit the costs
governments must pay for indigent defense.
In felonies, bail is usually first set at the initial ____________________ stage of the
judicial process.
Article ______ of the U.S. Constitution established the U.S. Supreme Court and gave
Congress the power to create lower courts.
As written by the framers of the U.S. Constitution more than 200 years ago, the right to
counsel meant only that a judge could not prevent a defendant from bringing a lawyer
to court. Thus, it affected only those who could afford to hire their own lawyers.
Persons who have been the victims of crime, or witnesses to a crime, may be pressured
not to testify. Witness ____________________ may take the form of threats of violence
or actual violence itself against the person in question or his or her friends and family
members.
A ruling in a previous case that serves as a guide in deciding subsequent cases with
similar circumstances is known as a ____________________.
“Beyond a reasonable doubt” means over 95% certainty of guilt.
What are the leading causes of most wrongful convictions? What has been done to
attempt to remedy these causes of wrongful convictions?
Informal discovery occurs frequently because it often facilitates a prompt resolution of
a dispute without the need for trial.
The organization of the court system is nearly identical in every state.
The “law on the books” articulates ____________________ rules relating to the formal
and informal exchange of information before trial.
Legislative changes from indeterminate to determinate sentencing have not affected the
use of parole.
In order for a defendant to be convicted of a crime the prosecution must successfully
offer proof beyond a reasonable doubt of each element of the crime charged. List the
five elements of crime. Do you believe it is fair that a person might not be held
responsible for a crime if there is an element missing? For example, a person who does
the actus reus (sells drugs to a neighbor) but who lacks the mens rea (sold the drugs
because of death threats from their roommate if they didn’t complete the drug deal).
Defendants may view their attorneys as not fighting hard enough for them and seeking
to accommodate the and prosecutor.