Formal methods for removing unfit judges include which of the following?
a. impeachment proceedings
b. recall elections
c. impeachment proceedings and recall elections
d. impeachment proceedings, recall elections, and judicial conduct commissions
One of the alternatives to institutional incarceration is intermediate sanctions.
According to the chapter, intermediate sanctions include
a. restitution
b. All of these are example of intermediate sanctions
c. fines
d. intensive-supervision probation
The public defender system was started where in 1914?
a. Chicago
b. Los Angeles
c. New York City
d. Seattle
In contrast to federal judges, most state judges are:
a. appointed by the governor
b. appointed by the state legislature
c. appointed by the state supreme court
d. elected
The law on the books approach to delay focuses on
a. courthouse dynamics.
b. the courtroom work group.
c. plea bargaining.
d. resources and procedures.
In some jurisdictions, juvenile courts are part of
a. small claims courts
b. chancery courts
c. community courts
d. family courts
In Kimbrough v. U.S. the U.S. Supreme Court ruled that
a. federal judges may sentence defendants more leniently than the guidelines prescribe,
particularly in crack-cocaine cases.
b. three-strikes laws do not violate the Eighth Amendment prohibition against cruel and
unusual punishment.
c. under the Sixth Amendment, juries, not judges, have the power to make a finding of
guilty beyond a reasonable doubt for facts used in sentencing guidelines.
d. sex offender registration laws do not violate the Eighth Amendment prohibition
against cruel and unusual punishment.
The judge explains the relevant law to the jury in the jury
a. instructions.
b. voir dire.
c. venire.
d. verdict form.
Prosecutors drop cases due to legal-evidentiary strength issues. Which of the following
is least likely to lead to concerns about the strength of the evidence?
a. uncooperative victims and witnesses
b. credibility of the witness’s testimony
c. insufficient evidence to prove the elements of the charged offenses
d. problems with the ways in which law enforcement obtained evidence
Which of the following is not true about a grand jury?
a. A grand jury, which may be composed of up to 23 people, meets in secret and grants
immunity.
b. It may issue a grand jury subpoena for either a person’s appearance or for documents.
c. Grand juries may conduct their own criminal investigations.
d. Suspects have the right to go before the grand jury to protest their innocence or even
to present their version of the facts.
Compared to the average citizen, a felony defendant is more likely to be
a. younger.
b. male.
c. a racial minority.
d. All of these answers are correct.
Which Amendment to the U.S. Constitution provides for protection against
self-incrimination?
a. 1st Amendment
b. 4th Amendment
c. 5th Amendment
d. 6th Amendment
What must be supported by oath or affirmation of either the victim or the arresting
officer? It is most commonly used in prosecuting misdemeanor offenses or city order
violations.
a. complaint
b. subpoena
c. information
d. arrest warrant
Original and appellate jurisdiction fall under what classification of jurisdiction?
a. geographical jurisdiction
b. subject matter jurisdiction
c. hierarchical jurisdiction
d. general jurisdiction
The exclusionary rule applies to
a. coerced confessions.
b. unnecessarily suggestive police lineups.
c. seizures of items during an unconstitutional search.
d. The exclusionary rule applies to all of these.
The method by which defense attorneys seek to reach the best possible solution for their
clients is directly related to their relationships with other members of
a. the prosecutor’s office.
b. the police department.
c. their law office.
d. the courtroom work group.
In what decision did the Supreme Court rule that a defendant is guaranteed the right to
legal counsel, paid by the state if necessary, only in cases that actually lead to
imprisonment, not in all cases in which imprisonment is a potential penalty?
a. Faretta v. California
b. Strickland v. Washington
c. Scott v. Illinois
d. Gideon v. Wainwright
What courts were created as a response to a significant growth in appellate cases that
threatened to overwhelm the state supreme court?
a. lower courts
b. intermediate courts of appeals
c. justice of the peace courts
d. problem-solving courts
With regard to juries of varying sizes, Smith and Saks (2008) reported that
a. smaller juries deliberate longer than larger juries.
b. members of larger juries more accurately recall evidence.
c. jurors report less satisfaction in the deliberation process with 12-person juries than
with smaller ones.
d. racial, ethnic, religious, and sexual minorities are equally represented in 6-person as
compared to 12-person juries.
Which Amendment to the U.S. Constitution prohibits unreasonable searches and
seizures?
a. 1st Amendment
b. 4th Amendment
c. 5th Amendment
d. 6th Amendment
Challenges to jurors that do not require reasons are termed
a. automatic challenges
b. discretionary challenges
c. peremptory challenges
d. ministerial challenges
Which Article of the U.S. Constitution provides the basis for the federal judiciary?
a. Article I
b. Article II
c. Article III
d. Article IV
A court that must hear an appeal has what kind of appellate jurisdiction of that appeal?
a. compulsory
b. contingent
c. mandatory
d. presumptive
Feeley (1979) compared two courts in Connecticutone with a heavy caseload and
another with a light caseload. He found that
a. defense attorneys were more likely to pitch battles with prosecutors in the court with
the heavy caseload.
b. each court spent the same amount of time per case.
c. judges set significantly higher bails in the court with the heavy caseload.
d. None of these answers is correct.
Clerks of court and court administrators work
a. Outside courthouses.
b. Inside the courtroom.
c. Behind the scenes.
d. None of these answers are correct.
In Washington, D.C., a study that focused on non-cooperative witnesses found that
a. prosecutors were very unlikely to file charges when confronted with witness-related
problems.
b. more than half the witnesses were never notified of court appearances.
c. cases were more likely to be dismissed when witnesses failed to show up in court.
d. most of the witnesses did not cooperate with prosecutors because they were
intimidated by the defendant, members of the defendant’s family, or by others who
associated with the defendant.
Domestic violence courts generally do which of the following?
a. These courts coordinate with community partners that provide services for victims of
domestic abuse.
b. These courts stress the importance of adversarial adjudication, which is necessary in
any court.
c. Different judges handle criminal, family-related, and divorce cases that involve the
same defendant.
d. Defendants who participate in these courts are less likely to be rearrested.
CASE 2.2
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.
The United States Supreme Court hears fewer than __________ cases each term (year).
a. 100
b. 85
c. 250
d. 1,000
In some jurisdictions, transfer of a juvenile to adult court is referred to as
a. consent or verification.
b. waiver or certification.
c. certiorari or mandamus.
d. conversion or approbation.
Which of the following provides the best example of hearsay evidence?
a. “As best as I can recall”
b. “Mary told me she saw”
c. “I told my wife”
d. “I don”t remember hearing anyone say”
The three major agencies involved in prosecution in state courts are the state attorney
general, the chief prosecutor and the
a. local prosecutor
b. federal attorney general
c. solicitor general
d. defense attorney
Which of the following statements is true about judicial conduct commissions?
a. The hearings are open to the public.
b. The commission has the authority to remove judges from the bench.
c. The commission investigates all complaints brought to its attention, including those
that amount to simple displeasure that a judge did not rule in a defendant’s favor.
d. None of these are true about judicial conduct commissions.
The clerk of court is responsible for overseeing jury selection.
Prosecutors enjoy absolute immunity from civil lawsuits when acting as courtroom
advocates.
As dominance increased, the power of the victim decreased.
One type of plea agreement is called ______________________ bargaining. In return
for the defendant’s plea of guilt to one or more charges, the prosecutor dismisses the
remaining charges.
U.S. attorneys and their assistants prosecute the vast majority of criminal cases in
federal courts.
The court that the average citizen is most likely to come in contact with is a court of
____________ jurisdiction, such as a traffic court.
Mothers Against Drunk Driving is the nation’s largest victim advocacy group.
Although relatively little is known about Latino defendants, we do know that after
arrest Hispanics are more likely to be detained in jail than Blacks or Whites.
Different prosecutors’ offices may handle the same case; sometimes the city attorney
conducts the preliminary stages of a felony case in the lower courts and the district
attorney prosecutes the same case in the trial court general jurisdiction.
During trial, attorneys must make timely objections to the judge’s rulings on points of
law, or the objection will be deemed waived. This is called the
__________________________ objection rule.
The main objective of changes in sentencing structure beginning in the late 1960s was a
reduction in judicial in sentencing.
In domestic violence courts, the emphasis is on _____________.
The decisions of trial courts may be reviewed by appellate courts.
Most criminal cases do not go to trial.
The President and state governors have the authority to issue
______________________ to convicted offenders.
Critics of judicial elections assert that they are fundamentally inconsistent with the
principle of judicial independence.
The long-standing political debate over sentencing has now given way to the overriding
reality of a severe of prison cells.
Some programs that claim to be “victims’ assistance” programs are actually focused on
the punishment of defendants.
What is a death-qualified jury? What is the Supreme Court’s position on death-qualified
juries? What does the research show with regard to the relationship between
death-qualified juries and the likelihood of conviction and capital sentencing?
Sentencing guidelines take into account the seriousness of the offense and the
____________________________ of the defendant.