CASE 7.2
Is it enough to have a lawyer? Must the lawyer also be competent and effective? The
Supreme Court has recognized the effective assistance of counsel as essential to the
Sixth Amendment guarantee (McMann v. Richardson 1970).
The Court’s most significant holding regarding the effective assistance of counsel came
in 1984 in what case?
a. Strickland v. Washington.
b. Miranda v. Arizona.
c. United States. v. Wade.
d. Brady v. United States.
What sentencing schemes target sentencing decisions by judges?
a. structured sentencing
b. determinate sentencing
c. indeterminate sentencing
d. voluntary sentencing
What sentence specifically states the exact number of years to be served in prison?
a. determinate
b. indeterminate
c. definite
d. predetermined
This civilian judicial circuit’s jurisdiction is based on subject matter rather than
geographical boundaries and has nationwide jurisdiction to hear specialized appeals
involving certain types of government contracts, patents, and trademarks.
a. Circuit Court of Appeals for D.C.
b. Civilian Court of Appeals
c. Court of Appeals for the United States
d. Federal Circuit Court of Appeals
The charging document in juvenile court is called the
a. petition.
b. evidentiary record.
c. information.
d. summons papers.
Which of the following does not take place at arraignment?
a. formal charges read and copy provided to defendant
b. determination made as to existence of probable cause
c. defendant called upon to enter plea
d. defendant advised of rights
CASE 15.2
Since 2000, the U.S. Supreme Court has raised serious doubts about the
constitutionality of many state sentencing guidelines, holding that other than a prior
conviction, any fact that increases the penalty for a crime beyond the statutory
maximum must be tried before a jury (Apprendi v. New Jersey, 2000). Based on this
reasoning, in 2004 the Court struck down sentencing guidelines in the State of
Washington, holding that the Sixth Amendment gives juries (and not judges) the power
to make a finding of fact beyond a reasonable doubt (Blakely v. Washington, 2004). The
dissenters argued that the decision will serve only to increase judicial discretion and
lead to less uniformity in sentencing, perhaps leading to increasing racial
discrimination.
Some state supreme courts held that Blakely did not apply to their state sentencing
schemes until what case?
a. Cunningham v. California (2007).
b. United States v. Booker (2005).
c. Rita v. United States (2007).
d. Kimbrough v. United States (2007).
Which of the following types of evidence is generally not admissible at trial?
a. DNA
b. Fingerprint
c. Hair analysis
d. Polygraph
The federal Juvenile Justice and Delinquency Prevention Act of 1974 mandated
a. psychological evaluations of status offenders
b. a short period of confinement for status offenders
c. bail for status offenders
d. deinstitutionalization of status offenders
CASE 11.3
Pursuant to the mandates of the plain text of the Constitution, the Supreme Court held
in Katz v. United States (1967, p. 357), that warrantless searches “are per se
unreasonable under the Fourth Amendment subject only to a few specifically
established and well-delineated exceptions.” Accordingly, warrants play a very
important role in criminal procedure. It might therefore come as a surprise to many
people that the majority of searches are conducted without a warrant under one of the
recognized exceptions to the warrant requirement.
Which of the following is not one of the exceptions to the warrant requirement?
a. Searches incident to lawful arrest.
b. Motor vehicle searches.
c. Consent searches.
d. Profile searches.
Sanctions within the courtroom work group can be applied
a. only by judges.
b. only by prosecutors.
c. only by defense attorneys.
d. by all members of the courtroom work group.
Crime control advocates, crime victims, and conservatives criticize plea bargaining
because they fear that
a. courts will become overloaded with cases.
b. the sentences will be too lenient.
c. defense attorneys will not aggressively protect their clients.
d. defense attorneys will collect excessive fees for doing little work.
Which of the following is not a type of warrantless search?
a. search with consent
b. search incident to lawful arrest
c. hidden view
d. plain view
The most influential actor in the courthouse is the:
a. judge
b. defense attorney
c. clerk of court
d. prosecutor
In House v. Bell, the U.S. Supreme Court overturned the conviction of Paul House on
the basis of what rationale?
a. The Court argued that Carolyn Muncey’s husband may have been the real killer and
DNA evidence is a relevant consideration in the post-conviction review process.
b. The Court argued that appellate court review is proper in death penalty cases.
c. The Court stated that the threshold for federal review of state court convictions in
matters like this should remain high.
d. The Court noted that several witnesses could not directly link House to the murder.
Which of the following is not true of “law in action”?
a. Focus on human factors governing application of law
b. Stresses the importance of discretion
c. Strict enforcement of laws and adherence to procedures
d. Prosecutors use discovery to encourage guilty pleas
Sophisticated evaluations of drug courts have generated some interesting findings.
Which of the following correctly summarizes the findings from recent examinations of
drug courts?
a. Offenders who participate in drug courts are less likely to be rearrested and are more
likely to hold a job.
b. Almost everyone who is eligible to participate decides to do so.
c. The drug court model is also effective when applied to drunk drivers.
d. The impact of drug courts is very similar from jurisdiction to jurisdiction.
Which of the following has contributed to the way scientific and technology-based
evidence is introduced at trial?
a. The introduction of expert testimony.
b. The widespread use of DNA evidence.
c. The use of eye witness testimony.
d. The introduction of electronic eavesdropping evidence.
CASE 11.1
The exclusionary rule prohibits the prosecutor from using illegally obtained evidence
during a trial. Under the common law, the seizure of evidence by illegal means did not
affect its admissibility in court. Any evidence, however obtained, was admitted as long
as it satisfied other evidentiary criteria for admissibility, such as relevance and
trustworthiness.
What case applied the exclusionary rule to the states?
a. Weeks v. United States (1914).
b. Wolf v. Colorado (1949).
c. Mapp v. Ohio (1961).
d. Katz v. United States (1967)
What are courts collectively called in most rural areas?
a. lower courts
b. supreme courts
c. justice of the peace courts
d. problem-solving courts
The Supreme Court’s opinion in Brown v. Mississippi was based on:
a. the Fourteenth Amendment due process clause
b. the Fifth Amendment right against self-incrimination
c. the Fourth Amendment right against unreasonable seizures
d. the Eighth Amendment prohibition against cruel and unusual punishment
What is the typical remedy for prosecutorial error?
a. appellate court reversal
b. trial court reversal
c. civil lawsuits
d. criminal lawsuits
When a plaintiff files a civil lawsuit they seek to obtain:
a. a remedy such as monetary damages or an injunction.
b. public acknowledgement of some wrong committed against them.
c. a conviction against someone who committed a crime against them.
d. retribution through the justice criminal justice process.
In general, prisoners who sue prison officials over conditions of confinement must
show _________________________ on the part of prison officials.
a. negligence
b. deliberate indifference
c. probable cause
d. reckless endangerment
Discovery rules are vitally important to
a. prosecutors
b. defense attorneys
c. judges
d. juries
During what phase of the criminal justice process is the felony defendant formally
accused of a crime and called upon to enter a plea?
a. initial appearance
b. preliminary hearing
c. arraignment
d. sentencing phase
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.
Which of the following are requirements of jurors in virtually all states?
a. residents of the locality
b. minimum age
c. understand English
d. All of these answers are correct
Which of the following statements is not true of the probation officer (PO) in juvenile
court?
a. The PO supervises juveniles placed on probation.
b. The PO becomes involved in the proceedings at an early stage and may be the first to
have contact with the child.
c. The PO becomes involved only after the juvenile has entered a “plea” and has been
adjudicated delinquent.
d. The PO conducts background investigations and writes reports.
Victim/witness assistance programs are commonly called
a. Victim Services.
b. Witness Protection Programs.
c. Victims’ Rights Commissions.
d. Victims’ Compensation Funds.
Under the adversary system, it is the responsibility of the defense attorney to:
a. prove the defendant not guilty by a preponderance of the evidence.
b. argue for the client’s innocence and assert legal protections.
c. dispute all evidence presented by the prosecution.
d. present a defense that counters all claims made by the prosecution.
CASE 4.1
Just as American law borrowed heavily from English common law, the organization of
American courts reflects their English heritage. But the colonists and later the citizens
of the fledgling new nation that called itself the United States of America adapted this
English heritage to the realities of the emerging nation. Issues such as the clash of
opposing economic interests, the debate over state versus national power, and outright
partisanship have shaped America’s 50 diverse state court systems.
Which of the following is true of the early colonial courts?
a. they were rather simple
b. they replicated English courts completely
c. they were rather complex
d. they replicated English courts in substance but not in form
Which of the following is not one of the differences between military justice and state
and federal justice?
a. The burden of proof is less demanding.
b. Three- and five-person juries are used.
c. The jurors are military personnel.
d. Decisions cannot be appealed.
Lower courts handle what stages of felony cases?
a. the final stages
b. the intermediate stages
c. the appeal stages
d. the preliminary stages
Because of evidence of racial discrimination, the U.S. Supreme Court struck down
Georgia’s capital punishment statute in McCleskey v. Kemp.
Search warrants must be executed in a manner to prevent the information that
established probable cause from going stale.
In the juvenile court, the _____________________ is roughly the equivalent to a
preliminary hearing in an adult proceeding.
Citizens are more likely to have contact with a trial court of limited jurisdiction than
with any other type of court.
The jurisdiction of the U.S. Supreme court is almost completely discretionary.
The minimum size of a jury approved by the U.S. Supreme Court (at least for
non-capital cases) is ____________________ persons.
In the due process model, the primary goal is to protect the rights of citizens.
One type of problem-solving court is the violence court.
U.S. Magistrate Judges may try and sentence felony defendants.
According to the Trial Act of 1974 (amended in 1979), certain time periods, such as
those associated with hearings or pretrial motions and the mental competency of the
defendant, are considered excludable time.
Define the four primary types of jurisdiction.
During a hearing before a grand jury, the prosecutor must disclose exculpatory evidence
against the target of the grand jury investigation.
No U.S. District Court encompasses more than one state.
_____________ petitions are those in which inmates may collaterally challenge their
convictions (after exhausting all available state remedies to do so) by arguing that their
trial was constitutionally defective.
Three characteristics of defendantssex, poverty, and ____________________” figure
prominently in discussions of crime and crime policy.
The collection of certain debts owed the federal government is one of the
responsibilities of ____________________.