Which Supreme Court decision limited the right of non-felony defendants to have
court-appointed counsel?
a. Argersinger v. Hamlin
b. Faretta v. California
c. Strickland v. Washington
d. Gideon v. Wainwright
One of the most frustrating aspects of being a judge is the
a. heavy caseload.
b. administrative problems.
c. heavy caseload and administrative problems.
d. None of these answers is correct.
Victims of crime are increasingly resorting to:
a. notifying law enforcement
b. criminal prosecution
c. vigilantism
d. civil litigation
The level of proof for an officer to conduct a brief, limited, investigative detention
(‘stop
and frisk”) is:
a. probable cause
b. mere suspicion
c. clear and convincing evidence
d. reasonable suspicion
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.
Grand juries:
a. are used by all states
b. deliberate in open hearings
c. issue an indictment in most cases
d. are utilized only in misdemeanor cases
CASE 6.1
The U.S. Attorneys serve as the nation’s principal litigators under the direction of the
attorney general. One U.S. Attorney is assigned to each of the judicial districts, with the
exception of Guam and the Northern Mariana Islands, where one serves both districts.
Each U.S. Attorney is the chief federal law enforcement officer of the United States
within his or her particular jurisdiction.
How many U.S. Attorneys stationed throughout the United States, Puerto Rico, the
Virgin Islands, Guam, and the Northern Mariana Islands?
a. Eighty-three.
b. Seventy-three.
c. Sixty-three.
d. Ninety-three.
This doctrine allows parallel state and federal prosecutions for the same offense.
a. double jeopardy
b. concurrent jurisdiction
c. parallel prosecution
d. dual sovereign
Substantive law creates:
a. only criminal law
b. only civil law
c. methods of enforcing legal obligations
d. legal obligations
Defects seriously affecting substantial rights that are so prejudicial to a jury’s
deliberations “as to undermine the fundamental fairness of the trial and bring about a
miscarriage of justice” are called
a. consequential error
b. plain error
c. critical error
d. primary error
Courts of therapeutic jurisdiction do not include which of the following?
a. drug courts
b. courts of last resort
c. domestic violence courts
d. elder court
In the federal system, which is generally the court of last resort for virtually all federal
litigation?
a. U.S. Supreme Court
b. U.S. Court of Appeals
c. U.S. District Court
d. Federal Magistrate Court
From the case citation Miranda v. Arizona, 384 U.S. 436 (1966), the reader knows
which of the following?
a. The decision is in favor of the defendant.
b. The case was a criminal case.
c. The case is in volume 384 of the Supreme Court Reports.
d. The case is found on page 1966.
The federal government and most states have created two levels of appellate courts:
a. lower and major
b. state and federal
b. district and superior
d. intermediate and supreme
The party who initiates a civil suit is known as the:
a. Appellant
b. Victim
c. appellee
d. plaintiff
Lower courts are confronted with which of the following problems?
a. inadequate financing
b. adequate facilities
c. strict court procedures
d. balanced caseloads
In less-populous states, which do not have intermediate appellate bodies, the initial
appeal is filed with the
a. court of last resort
b. judge advocate general
c. U.S. Supreme Court
d. prosecutor
What percent of federal judges had prior government experience?
a. Less than 10
b. 33
c. 50
d. 80
CASE 12.1
Some people within the court system are concerned that plea bargaining reduces the
courthouse to a place where guilt or innocence is negotiated like prices in a flea market.
Primarily, though, opposition to plea bargaining reflects different ideological
preferences. What is particularly interesting is that civil libertarians as well as
spokespersons for law and order see plea bargaining as a danger, but often for different
reasons.
Which of the following is not one of the reasons supporters of the values of the due
process model are concerned about plea bargaining?
a. that plea bargaining undercuts the protections afforded individuals.
b. that plea bargaining may lead to the conviction of innocent defendants.
c. that plea bargaining produces few tangible benefits for defendants.
d. that plea bargaining degrades the human spirit.
Which of the following decisions is the exclusive domain of the prosecutor?
a. bail
b. charging
c. arraignment
d. sentencing
The Constitutional protection against warrantless search and seizure applies to which of
the following?
a. use of thermal imaging device to scan a building to detect the presence of lamps used
to grow marijuana
b. search and seizure of garbage left for collection outside a home since it is abandoned
property
c. aerial surveillance of a suspect’s property from an aircraft in public space
d. searches conducted at U.S. borders or international airports
The first step in the appeal process is filing a(n)
a. appeal writ.
b. brief.
c. notice of appeal.
d. written argument.
Which of the following statements is true about Victim Services?
a. Today, virtually all jurisdictions of varying sizes have established programs aimed at
helping crime victims cope with the hardships of victimization and deal with the often
troublesome demands of the criminal justice system.
b. Overall, most victims use these services.
c. Younger victims of violent crimes are more likely to use victim services than are
older victims of nonviolent crimes.
d. Researchers consistently find that victims who receive help are more likely to
cooperate with prosecutors; they are more likely to appear in court when summoned
than those not assisted.
CASE 16.3
One might think that the appeals and postconviction review processes would routinely
correct situations in which a defendant was wrongfully convicted, but that is clearly not
the case. Up until the mid-1990s, public perception was that criminal defendants had
gained too many rights during the Warren era, and, as a result, far too many criminal
defendants escaped criminal punishment on technicalities (Uphoff, 2006). Such
perceptions led manyincluding judges and several Supreme Court justicesto deny that
wrongful convictions were a major problem (see Herrera v. Collins, 1993). Since 1989,
though, over 280 inmates have been exonerated by DNA evidence, largely due to the
efforts of the Innocence Project, the Death Penalty Information Center, and similar
organizations (Zalman, Smith & Kiger, 2008). As a result of these exonerationsand
media portrayals of themnearly 40 states have changed their laws to allow for appellate
or postconviction review on the grounds of actual innocence and the federal
government enacted the Innocence Protection Act of 2004.
What reason for wrongful convictions plays a role in 75% of the DNA exonerations to
date?
a. mistaken eyewitness identifications c. improper forensic evidence
b. false confessions d. unreliable informants
Which of the following due process protections does not pertain to juvenile court
processing?
a. the right against self-incrimination
b. the right to confront witnesses through cross-examination
c. the right to an attorney
d. none of these answers is correct
In Blakely v. Washington (2004) the U.S. Supreme Court invalidated a Washington State
sentencing law on what grounds?
a. The law allowed prosecutors to use evidence that had not been admitted at trial.
b. The law allowed judges, rather than juries, to take into account information that
increased a sentence.
c. The law was not in compliance with federal sentencing guidelines.
d. The offender’s prior convictions were granted too much weight.
Of the delinquency cases brought to the attention of the juvenile court, approximately
what percentage are handled formally by the juvenile court?
a. 40
b. 55
c. 75
d. 90
The role of the prosecutor involves broad discretion and
a. decentralization
b. Streamlining
c. centralization
d. guidelining
The written legal arguments filed with the appellate court are called
a. notices.
b. action documents.
c. briefs.
d. contentions.
Advocates of the due process model stress that
a. racial minorities are more likely than whites to be executed.
b. there are innocent people on death row.
c. death penalty trials involved procedural irregularities.
d. All of these answers are correct.
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.
What crime, in particular, are offenders strangers only 14% of the time?
a. rape.
b. burglary.
c. theft.
d. homicide.
In Barker v. Wingo, the Court held that the right to a speedy trial
a. was violated by a five year delay.
b. is a relative, not an absolute, right.
c. was an absolute constitutional mandate.
d. is a right of the prosecution but not the defense.
The Court has narrowed the list of death-eligible cases by striking down death penalty
provisions for which of the following?
a. Offenders who committed their crime when they were less than 18 years of age.
b. Offenders who are mentally retarded.
c. Offenders who commit rape.
d. All of these answers are correct.
Most juveniles transferred to adult court are charged with
a. drug offenses
b. violent offenses
c. sex offenses
d. property offenses
Which of the following is not a term used to refer to chief prosecutors?
a. district attorney
b. county attorney
c. prosecuting attorney
d. attorney general
For juveniles, acts that violate the criminal law are called
__________________________.
Civil lawsuits consume more of the federal courts’ time than criminal cases.
Prosecutors prefer to deal with inexperienced defense attorneys.
Advocates of the crime control model of criminal justice believe that unless crime is
controlled, the rights of law-abiding citizens will not be protected, and the security of
society will be diminished.
Real evidence includes physical objects such as weapons.
The rule applies only to exculpatory evidence that is material.
____________ are the best known aspects of procedural law.
In the United States there are main methods of estimating the amount of crime.
The trial-court judge possesses virtually unfettered discretion in making findings of
fact.
Describe the two major factors related to disparity and sentencing. Why are these
factors important?
Judges like Alford plea agreements because the defendant admits guilt on the record, in
open court, and bears responsibility for his or her wrongdoing.
Proponents of the due process model of criminal justice stress that juveniles should be
less punishment-oriented.
The standard of proof in a criminal case is proof beyond a doubt.
Ethical issues facing prosecutors are very similar to those confronting defense
attorneys.
The criminal courthouse is not a single organization, but rather a collection of separate
____________________ that gather in a common workplace.