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
CASE 3.1
The founding fathers engaged in a vigorous debate over whether there should be a
federal court system separate from the state systems. Those who supported a strong
federal judiciary ultimately prevailed. Subsequent expansion of the federal courts has
created a contemporary controversy over how to alleviate the problem of rising
caseloads within the federal court system.
Which of the following statements regarding proposals to reduce federal caseloads is
true?
a. Reducing the jurisdiction of federal courts would nearly double the caseload of state
courts
and states would certainly oppose such an action.
b. Creating additional courts and judgeships would require additional funding of the
federal
judiciary, which already comprises a sizeable portion of the federal budget.
c. It is unlikely that Congress will ever have the filibuster-proof majority needed to
authorize
additional federal judgeships.
d. The antagonistic relationship between Congress and the federal judiciary is unlikely
to
result in any significant reforms.
Which of the following cases deals with ‘stop and frisk”?
a. Mapp v. Ohio
b. Terry v. Ohio
c. Wolf v. Colorado
d. Miranda v. Arizona
In grand jury proceedings, the burden of proof for the prosecutor is:
a. reasonable suspicion
b. proof beyond a reasonable doubt
c. probable cause
d. clear and convincing evidence
Congress created the Courts of Appeals in
a. 1776.
b. 1787.
c. 1891.
d. 1929.
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
The mental state, or criminal intent, required for a crime to have been committed is
referred to as
a. actus reus
b. mens rea
c. corpus delicti
d. result
Which of the following is not a requirement of victim compensation fund programs?
a. victims must assist in the prosecution of the defendant.
b. victims must be “innocent victims.”
c. victims living in the same household as the offender are ineligible.
d. The defendant must be found guilty in court.
Which method of providing legal representation for indigent defendants is the most
common in large cities?
a. assigned counsel
b. contract
c. public defender
d. pro bono
When in the criminal process does the right to counsel begin?
a. initial appearance
b. arrest
c. charging
d. grand jury
Which of the following is one way that discretion can offset mandatory minimum
penalties?
a. reduction in arrests
b. prosecutorial discretion
c. decrease in convictions
d. all of these answers are correct
Which of the following is not one of the five major areas of civil law?
a. tort
b. contract
c. property
d. all of these area major areas of civil law
What is the primary purpose of a PSI?
a. help juries decide on an appropriate sentence
b. help courtroom work groups decide on an appropriate sentence
c. help judges decide on an appropriate sentence
d. help probation officers monitor their caseloads
When agreeing in open court to a plea deal, a defendant agrees to waive the right to
remain silent, the right to confront witnesses and what other right?
a. the right to a lawyer for an appeal
b. the right to confront witnesses
c. the right against excessive punishment.
d. the right to an interest in liberty.
What 1967 U.S. Supreme Court held that juvenile courts must provide due process
protections?
a. Robinson
b. Cramer
c. Altgelt
d. Gault
Defending unpopular clients is the basis for a great deal of criticism of lawyers. What is
the core legal ethical value in defending an unpopular client?
a. Every client is entitled to legal representation, no matter how unpopular or heinous
the crime.
b. It is not ethical for a defense attorney to defend someone who is lying about their
innocence.
c. As a matter of legal ethics, no lawyer may represent someone who intentionally
perjured him/herself after being advised against doing so.
d. As long as the client is adequately represented in a court of law, defense attorney
ethics are secondary.
Which approach to criminal justice emphasizes that during the preliminary hearing the
judge decides if there is probably cause to hold the defendant?
a. the law on the books approach
b. the law in action approach
c. neither approach
d. both approaches
Which of the following is not a common element of community prosecution?
a. Prosecutors have the responsibility not only to prosecute cases but also reduce crime.
b. The most effective results are obtained within small, manageable geographic areas.
c. The most effective results are obtained by reacting to crime through prosecution.
d. Change is more likely to occur through cooperative efforts or partnerships.
Jurors expectations of forensic evidence in even the most mundane of cases has been
called
a. the DNA effect
b. the CSI effect
c. the science effect
d. the BSU effect
CASE 6.3
Prosecutors spend most of their time working directly with other members of the
courtroom work group. Even when interviewing witnesses or conducting legal research,
the prosecutor is anticipating the reactions of judges and defense attorneys. Thus, the
activities of prosecutors can be understood only within the setting of the courtroom
work group (Worden 1990).
Prosecutors can influence the decisions of defense attorneys and
a. defendants.
b. other attorneys.
c. public.
d. judges.
In crimes of violence such as assaults, robberies, and rapes, Hispanic women report the
crime to the authorities what percent of the time?
a. 10
b. 25
c. 35
d. 50
How many layers exist in a typical court system?
a. Two
b. Three
c. four
d. five
A legal error by a lower court that does not require reversal is called a(n)
a. harmless error
b. moot error
c. frivolous error
d. undisrupted error
The claim that increasing plea bargains and declining trials are a recent phenomenon is
a weakness of what explanation?
a. assembly-line justice
b. discretion
c. courtroom work group
d. none of these is correct
Most unexpected events at a trial work to the detriment of which member of the
courtroom work group?
a. The defense attorney
b. The prosecutor
c. the judge
d. none of these members of the courtroom work group
In what type of punishment does the offender directly compensate the victim for the
harm caused by the criminal offense?
a. restitution
b. electronic monitoring
c. a fine
d. community service
The office of the prosecutor is in which branch of government?
a. Executive
b. Legislative
c. judicial
d. administrative
Coercive police practices are a violation of this essential element of due process.
a. equal protection
b. the third degree
c. self-incrimination
d. fundamental fairness
Of the following, who is the only official who works closely with police officers?
a. Prosecutor
b. defense attorney
c. Judge
d. victim advocate
Appeals from criminal convictions in the U.S. District Courts constitute _____ of the
workload of the U.S. Courts of Appeals.
a. less than 10 percent
b. about 21 percent
c. 43 percent
d. over 50 percent
In what decade was attention seriously devoted to the problems faces by victims and
witnesses in court?
a. the 1950s
b. the 1970s
c. the 1980s
d. the 1960s
“He got what he deserved! I feel better knowing that wife beaters must make public
apologies.” That statement best matches which of the following purposes of
punishment?
a. retribution
b. incapacitation
c. general deterrence
d. specific deterrence
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
The charging document in juvenile court is called the
a. petition.
b. evidentiary record.
c. information.
d. summons papers.
What is the name of a crime that is generally punishable by a fine or up to a year in jail?
a. felony crime
b. misdemeanor crime
c. delinquent crime
d. property crime
Judges may be impeached.
Arrests made by police affect the criminal court process.
In domestic violence courts, the emphasis is on _____.
Because pretrial motions to suppress evidence are relatively _____, the exclusionary
rule does not generally impact the operations of the courtroom work group in most
cases
Most cases in the criminal justice system are celebrated cases.
Variations in the definitions of crimes make the criminal courts fertile ground for plea
bargaining.
Judges may award jobs to friends, relative, campaign workers, and party members.
Defense attorneys are often successful at securing not guilty verdicts at trial.
_____ involve acts that are illegal only for juveniles.
The “law on the books” articulates _____ rules relating to the formal and informal
exchange of information before trial.
Explain what a “conditions of confinement” lawsuit is, including who files it, the basis
for the claim, and an example of such a claim.
Law schools provide an overview of the law on the books, but give their students very
little exposure to the law in action.
Reciprocal disclosure by the defense during discovery is limited because the
Constitution affords certain fundamental protections to the defendant.
In operation, the Missouri Bar Plan increases the power and role of the legal profession
in judicial selection.
The federal government and many states use sentencing _____ to limit judicial
discretion in sentencing.
Questions about the constitutionality of a search or seizure of evidence may cause a
judge to rule on the credibility of testimony offered by law enforcement officers.
An example of a procedural safeguard in the trial process is contained in the Sixth
Amendment’s right to confront witnesses.
The great majority of the nation’s prosecutors’ offices are large ones.
Differentiate the jurisdiction and functions of Article III courts from Article I courts and
other specialized federal courts.