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CASE 1.1
The creation of "designer drugs" is outpacing the ability of society to enact laws to
prohibit them. Many of these substances have negative side effects, ranging from
violent behavior to death.
Which of the following responses to the problem would best fit the "crime control"
philosophy?
a. Government takes steps to limit the availability of ingredients used in the
manufacture of designer drugs.
b. Design a public awareness campaign to warn potential users of the dangers presented
by use of these drugs.
c. Partner with community leaders to identify underlying social issues promoting the
drug subculture.
d. Pass legislation and increase enforcement efforts to send a message of "zero
tolerance" to those who manufacture, sell, and use designer drugs.
Disparity refers to inconsistencies in sentencing. What is the principle topic of interest
in disparity?
a. the decision making process
b. the sentencing process
c. the defendant's attributes
d. use of sentencing guidelines
CASE 9.3
In some ways, victims of crimes are a diverse lot including the rich and the poor, the
young and the old, and men as well as women. This diversity aside, however, crime
victims are more likely to be young, nonwhite, male, divorced or never married, low
income, and unemployed (Truman 2011; Elias 1986). Thus in many ways the profile of
victims matches that of defendants.
Which of the following is true based on decades of research?
a. offenders and victims often possess the same characteristics.
b. offenders and victims often engage in many of the same behaviors.
c. offenders and victims often possess the same characteristics and engage in many of
the same behaviors.
d. offenders and victims rarely possess the same characteristics.
The California its three-strikes law was passed as a result of the murder of
a. Polly Klaas
b. Tracy Stemmons
c. Aimee Willard
d. Megan Kanka
Appeals are confined to issues properly
a. addressed in prior court decisions.
b. raised at the trial court.
c. disputed by the appellant.
d. filed in a coram nobis.
When a criminal defendant acts pro se, courts have the discretion to appoint
a. a guardian ad litum.
b. a victim mediator.
c. shadow counsel.
d. mediating counsel.
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.
The Speedy Trial Act of 1974 (amended in 1979) allows how many days from
indictment to trial?
a. 20
b. 30
c. 50
d. 70
CASE 10.1
A careful reading of the Eighth Amendment reveals that the Constitution does not
specifically provide that all citizens have a right to bail. Rather, if bail is granted, it
must not be "excessive," defined by the Supreme Court in Stack v. Boyle (1951), as an
amount higher than reasonably calculated to ensure the defendants presence at trial. A
right to bail, however, was recognized in common law and in statutes as early as 1789
for all those accused of committing noncapital crimes. In 1966, Congress enacted the
Bail Reform Act, thereby creating a statutory presumption favoring pretrial release of
federal arrestees.
In most communities, the lower-court judges have adopted what kind of bail schedule?
a. A fixed bail schedule.
b. A sliding bail schedule.
c. A fee bail schedule.
d. A day fines bail schedule.
What Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury?"
a. 4th
b. 5th
c. 6th
d. 7th
Individuals cannot serve on juries in any state if
a. they are not citizens of the United States.
b. they have been convicted of a felony.
c. they understand English, but are illiterate.
d. All of these answers are correct.
Assistant district attorneys are typically
a. young lawyers
b. young judges
c. young politicians
d. young doctors
The term pro bono means that
a. indigent defendants are entitled to court-appointed counsel.
b. attorneys work free of charge.
c. defendants may represent themselves.
d. an attorney will be selected from a list of practicing attorneys in a jurisdiction.
The administrative policymaking organization of the federal judicial system, comprised
of 26 federal judges, is the:
a. Judicial Conference of the U.S.
b. Administrative Office of the Courts
c. Federal Judicial Center
d. U.S. Sentencing Commission
What is a legal yardstick measuring the sufficiency of evidence?
a. reasonable doubt.
b. totally sure.
c. absolute certainty.
d. insufficient evidence.
CASE 17.2
The nature of the juvenile court process remained unchanged until the 1960s. When the
Warren Court began to scrutinize procedures in adult criminal courts, its attention
turned also to juvenile courts. In a groundbreaking decision, the Supreme Court held in
In re Gault (1967) that the due process clause of the Fourteenth Amendment applied to
juvenile court proceedings. The court emphasized that "under our Constitution the
condition of being a boy does not justify a kangaroo court."
What Court was responsible for the Landmark decision In re Gault?
a. The Warren Court.
b. The Burger Court.
c. The Rehnquist Court.
d. The Robert's Court.
In Giglio v. United States (1972) the Supreme Court mandated that the prosecution
disclose any and all information that may be used to impeach the credibility of
prosecution witnesses, including law enforcement officers. This information includes
a. the prior criminal record of the witness.
b. whether the witness was offered a promise of leniency or immunity in exchange for
his/her testimony.
c. any acts of misconduct by the witness.
d. All of this information is included.
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 particularity requirement means that
a. warrants should be as detailed as possible.
b. applications for warrants should be as detailed as possible.
c. arrest warrants should be as detailed as possible.
d. search warrants should be as detailed as possible.
A defendant charged with a serious offense has the right to a jury trial only if the
offense is punishable by a term of incarceration of more than
a. 30 days.
b. 90 days.
c. 6 months.
d. one year.
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.
Which of the following states does not have any trial courts of limited jurisdiction?
a. California
b. New York
c. Texas
d. Ohio
CASE 5.3
Lawyers often suffer from a negative public image, which is one reason the legal
profession places considerable emphasis on legal ethics. Ethics refers to the study and
analysis of what constitutes good or bad conduct (Pollock 2012). Legal ethics
represents a specific type of ethics.
Legal ethics is of critical importance because
a. the American legal system is based on the adversarial system.
b. the American legal system is based on the confrontationl system.
c. the American legal system is based on the legalistic system.
d. the American legal system is based on the acrimonmious system.
Prosecutors exercise discretion every day. Which of the following is not an example of
prosecutorial discretion?
a. A prosecutor decides not to prosecute because of a lack of evidence to prove the
offense charged.
b. The policy priority of the office is to devote more resources to personal crimes such
as murder and assault than to disorderly conduct.
c. The prosecutor decides to drop a case because s/he believes that a jury is unlikely to
come back with a guilty verdict.
d. The prosecutor sets the trial date to accommodate an out-of-state witness.
Which of the following is not a duty of a court administrator?
a. prepare written opinions for trial cases
b. summarize caseload data
c. prepare budgets
d. prepare annual reports
The three most important entities in federal prosecution are the U.S. Solicitor General,
the Criminal Division of the U.S. Department of Justice, and
a. the offices of 94 U.S. State Attorneys.
b. the offices of 94 U.S. General Attorneys.
c. the offices of 94 U.S. Statutory Attorneys.
d. the offices of 94 U.S. Attorneys.
Which of the following is not true of grand juries?
a. The grand jury process is held in secret; proceedings are not open to the public.
b. A unanimous vote is required for indictment.
c. Suspects have no right to present their cases before the grand jury.
d. Witnesses, which may include defendants, have no right to representation by an
attorney.
In the United States, the right to a jury trial is found in
a. Article III, Section 2 of the U.S. Constitution.
b. the 6th Amendment to the Constitution.
c. the 7th Amendment to the Constitution.
d. All of these answers are correct.
These judges perform virtually all tasks carried out by district court judges, except
trying and sentencing felony defendants.
a. Circuit justices
b. Magistrate judges
c. Appellate court judges
d. Administrative judges
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.
Given the standards of review, criminal appeals rarely involve questions of fact decided
by a
a. judge
b. judge or jury
c. jury
d. none of these answers is correct
What is a common type of post-verdict motion?
a. motion for a change of venue
b. motion for a continuance
c. motion for a new trial
d. motion for a writ of habeas corpus
Which of the following argue that juveniles should be punished like adults?
a. the due process model
b. the Progressives
c. the crime control model
d. none of the answers is correct
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.
The strength of the evidence police provide to prosecutors is one of the most important
factors influencing whether prosecutors file criminal charges.
Examples of judicial misconduct may range from a conviction for drunk driving, to
failing to supervise a courtroom, to taking bribes in return for official acts.
Supporters of the Crime Control Model worry that plea bargaining results in
excessively lenient sentences.
The Constitutional right to counsel applies at both criminal and civil proceedings.
Whereas the adversary system stresses the ____________________ role of the defense
attorney, the day-to-day activities of the courtroom work group stress cooperation.
Victim advocacy groups have become a powerful ____________________ voice.
What are the strengths and weaknesses of speedy-trial laws? Provide examples.
List and explain three reasons why a defense attorney would want to have a preliminary
hearing.
In appeals cases, lawyers for both sides appear before a panel of judges to argue about
the law applicable to the case.
What are three options available to a trial judge to manage prejudicial pretrial publicity?
The prejudicial effects of pretrial publicity can sometimes be overcome by a change of
________________________.
What are the three competing explanations for why women are sentenced more
leniently than men? Of the three explanations, which has the most support in research?
Plea negotiations are governed by informal understandings of what sentence is
appropriate for a given type of defendant.
The term "____________________" refers to the exchange of information prior to trial.
What are mandatory-minimum sentences? Why does the public like such sentences?
How are mandatory-sentencing laws nullified by discretion? Provide an example of
nullification in your answer.
The primary purpose of the jury is to prevent oppression by the government.
