Which of the following actors would be in favor of broader discovery laws?
a. prosecutors
b. judges
c. defense attorney
d. police officers
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.
CASE 13.3
In recent years, jury selection has taken a scientific turn. Rather than relying on
personal hunch, attorneys in a few highly publicized cases have employed social
scientists to aid them in a more intelligent, systematic use of the voir dire that has come
to be called ‘scientific jury selection.”
Trial consultants are hired most often by
a. prosecutors.
b. defense attorneys.
c. judges.
d. victims.
Juvenile court matters fall into how many different categories of supervision?
a. one
b. four
c. two
d. three
Some states require the defense to file a notice if this type of evidence will be used.
a. evidence for an alibi defense
b. none of these answers is correct
c. exculpatory evidence
d. lab reports
Which of the following is used to increase the severity of sentences?
a. mitigating factors
b. sentencing guidelines
c. determinate sentencing
d. mandatory minimum sentencing
Which of the following is not a member of the courtroom work group?
a. prosecutor
b. defendant
c. judge
d. defense attorney
CASE 13.3
In recent years, jury selection has taken a scientific turn. Rather than relying on
personal hunch, attorneys in a few highly publicized cases have employed social
scientists to aid them in a more intelligent, systematic use of the voir dire that has come
to be called ‘scientific jury selection.”
What do jury consultants use to test which pieces of evidence, witnesses, and arguments
might be most effective in convincing people to vote a particular way?
a. focus groups
b. polls
c. mock trials
d. focus groups and polls
Discovery rules are vitally important to
a. prosecutors
b. defense attorneys
c. judges
d. juries
CASE 6.2
Ethical issues facing prosecutors are very different from those confronting defense
attorneys because prosecutors do not represent individual clients. Prosecutors often
define their jobs as representing victims of crime and the police, but these are not
typically considered to fit under the attorney”client relationship. Rather, the client of the
prosecutor is the government, and for this reason prosecutors are given special
responsibilities.
Prosecutors enjoy what kind of immunity from civil liability for everything they do
with regard to the core prosecutorial functions of initiating criminal charges and
pursuing criminal convictions as the government’s advocate?
a. Absolute immunity.
b. Comprehensive immunity.
c. Partial immunity.
d. Qualified immunity.
What type of evidence serves as an auditory or visual aid to assist the fact-finder in
understanding the evidence?
a. scientific evidence
b. real evidence
c. testimonial evidence
d. demonstrative evidence
What U.S. Supreme Court era is known for being a benchmark in civil liberties and
civil rights?
a. The Warren Court
b. The Rehnquist Court
c. The Burger Court
d. The Roberts Court
What kind of offense is a violation of criminal law that would be a crime if committed
by an adult?
a. status offense
b. delinquent act
c. transgression
d. dereliction
A defendant who pleads guilty is generally required to read and sign what form?
a. A Boykin form
b. A Crockett form
c. A Reeves form
d. A Santobello form
What type of cases do major trial courts decide?
a. misdemeanors
b. violations
c. traffic tickets
d. felonies
The U.S. Courts of Appeals is made up of how many judgeships?
a. 14
b. 50
c. 98
d. 179
What is the second most important factor in sentencing?
a. the defendant’s prior record
b. the seriousness of the offense
c. the injury to the victim
d. cost of incarceration
Most of what we know about the ordeal of testifying in court comes from research on
victims of
a. rape.
b. robbery.
c. assault.
d. burglary.
CASE 7.1
Like many other provisions of the Constitution, the Sixth Amendment has a different
meaning today than it did when it was first ratified. In a landmark decision, the U.S.
Supreme Court held that, based on the Sixth Amendment’s provision of right to counsel,
indigent defendants charged with a felony are entitled to the services of a lawyer paid
for by the government (Gideon v. Wainwright 1963). Later, the Sixth Amendment right
to counsel was extended to juvenile court proceedings as well (In re Gault 1967). But as
so often happens, answering one question raised several new ones.
Argersinger v. Hamlin (1972) affected what kind of criminal defendants?
a. nonfelony defendants. c. juveniles.
b. capital punishment defendants. d. statutory defendants.
What type of law do most lawyers practice?
a. environmental law
b. civil law
c. criminal law
d. non-profit law
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.
What is a common practice in large courts?
a. courtroom work group shopping
b. judge shopping
c. courtroom shopping
d. bail shopping
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
These motions contend that police conducted an illegal search/seizure or obtained a
confession in violation of the defendant’s constitutional rights.
a. motion to strike
b. motion to suppress
c. motion to vacate
d. motion to dismiss
What 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
What does the Supreme Court issue when it agrees to hear a case on appeal?
a. a writ of extradition
b. a writ of jurisdiction
c. a writ of stay
d. a writ of certiorari
The absence of jury trials in juvenile court reinforces what about the proceedings?
a. the formal nature of the proceedings
b. the family nature of the proceedings
c. the informal nature of the proceedings
d. the restorative nature of the proceedings
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.
What is the last of the six customary phases in the appeals process?
a. filing a notice of appeal.
b. briefing the cases.
c. designating the record on appeal.
d. writing the opinion.
CASE 6.2
Ethical issues facing prosecutors are very different from those confronting defense
attorneys because prosecutors do not represent individual clients. Prosecutors often
define their jobs as representing victims of crime and the police, but these are not
typically considered to fit under the attorney”client relationship. Rather, the client of the
prosecutor is the government, and for this reason prosecutors are given special
responsibilities.
In what case was it determined that a district attorney’s office may not be held liable
under Section 1983 for failure to train prosecutors based on a single Brady violation?
a. Connick v. Thompson (2011).
b. Kalina v. Fletcher (1997).
c. Buckley v. Fitzsimmons (1993).
d. Burns v. Reed (1991).
Automatic waivers are built on what premise?
a. some juveniles need to go to jail
b. once an adult always an adult
c. some juveniles who have been waived deserve a second chance
d. some juveniles should not be waived to adult court
_____ circumstances may lead to a higher penalty.
Describe some of the key differences between the “law on the books” and the “law in
action”.
The Duke lacrosse team rape case has become the contemporary poster child for
prosecutorial _____.
Three major factors influence bargaining and discretion.
How do the federal courts impact the administration of justice at the local and state
levels through their federal question jurisdiction?
U.S. attorneys and their assistants prosecute the vast majority of criminal cases in
federal courts.
Discuss how the courtroom work group approaches trials and pleas. Explain this in the
context of a defendant who insists on going to trial and a defense lawyer who knows
that there is a strong possibility of conviction.
Courts using therapeutic jurisprudence have _____ essential elements.
Evidence exists to suggest that the merit selection system systematically produces
“better” judges.
In a criminal case, neither side is required disclose any of the evidence they will present
or witnesses they will call to the opposing party.
There is no research supporting the existence of a jury trial penalty.
Research suggests that the death penalty is most likely to be inflicted in cases involving
a black offender and a _____ victim.
State attorneys general have chosen to emphasize their _____ responsibilities because
they typically have limited authority over criminal matters.
Once a notice of appeal is filed, the next step in the process is for the appellate court to
hear oral arguments in the case.
One of the key components of court unification is _____ administration.
County courts stood at the heart of American colonial government.
Civil lawsuits are an effective way for victims to receive compensation from
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?
In states without intermediate appellate courts the supreme courts has discretion
regarding the cases it hears.
Military justice applies not only to members of the armed services but also to those who
commit crimes against military personnel on and off a military base.