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What factor(s) affect the availability of lawyers to represent defendants in major cities?
a. low status
b. difficulty in securing clients
c. low fees
d. all of these answers are correct
What happens when victims
a. lack of cooperation
b. they don"t like victims
c. they deserve
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.
Which U.S. Supreme Court decision acknowledged a defendant's right to
self-representation?
a. Argersinger v. Hamlin
b. Strickland v. Washington
c. Powell v. Alabama
d. Faretta v. California
CASE 11.1
Smith is sleeping when the police knock on his door to question him regarding a
kidnapping and rape. The police take him to the station because he doesn"t want to talk
in front of his wife. He is put in a lineup but the victim is unable to identify him. In the
interrogation room, Smith asked how he did, and the Detective replies, "You flunked."
After two hours of questioning, he signed a written confession admitting guilt. At his
subsequent trial the only prosecution exhibit was the signed confession. The jury
quickly returned guilty verdicts for kidnapping and rape.
Why might Smith's conviction be overturned?
a. his constitutional rights were violated
b. he confessed due to duress
c. his conviction would not be overturned
d. he was not given advice about his constitutional rights
The public defender method is
a. attorneys appointed by the judge on a case-by-case basis.
b. attorneys hired to provide services for a specified dollar amount.
c. a salaried public official representing all indigent defendants.
d. None of these answers is correct.
What Amendment to the Constitution prohibits cruel and unusual punishments?
a. Fourth
b. Fifth
c. Sixth
d. Eighth
Who is the prosecutor's client?
a. the defendant
b. the judge
c. the government
d. the victim
Who is the record keeper for the court, often responsible for summoning potential
jurors?
a. law clerk
b. clerk of court
c. court reporter
d. secretary
Who sets the tone for plea bargaining in the courtroom?
a. the judge
b. the prosecutor
c. the defense attorney
d. the clerk
What federal court has original jurisdiction over disputes between states?
a. Legislative Court
b. District Court
c. Court of Appeals
d. Supreme Court
Juvenile court statutes set forth two standards for deciding the appropriate disposition
for a child: the best interests of the child and the best interests of
a. the family
b. the community
c. the court
d. the victim
How many statutory responsibilities do U.S. Attorneys have?
a. one
b. two
c. four
d. three
The United States has how many U.S. District Courts?
a. 59
b. 78
c. 94
d. 111
An Alford plea is one in which the
a. defendant pleads on the nose.
b. defendant pleads guilty but maintains innocence.
c. prosecutor makes no sentence recommendation.
d. defendant denies that there has been a plea bargain.
CASE 10.2
The United States experienced a dramatic increase in crime at the beginning of the
1960s. For almost two decades, the number of crimes known to the police increased
much faster than the growth in population. The crime rate plateaued in the beginning of
the 1980s and has decreased considerably since the early 1990s. Despite these
decreases, the public continues to perceive that crime is on the increase. These fears are
reinforced by extensive media coverage, particularly of violent crime.
How many official measures of crime exist in the United States?
a. two.
b. three.
c. four.
d. five.
Which of the following provides the best example of hearsay evidence?
a. "As best as I can recall"
b. "Mary told me she saw"
c. "I told my wife"
d. "I don"t remember hearing anyone say"
CASE 2.4
Uniformed officers are driving a marked car into an area known for heavy drug
trafficking, intending to investigate drug activity and anticipating encountering drug
customers and lookouts. One officer sees the suspect standing next to a building and
holding an opaque bag. The suspect looks in the direction of the officers and flees. The
officers turn their car, watch the suspect run through an alley, and eventually corner him
on the street. One officer leaves the car, stops the defendant, and conducts a frisk of the
defendant, discovering a concealed handgun.
Which of the following statements is true regarding the legality of the 'stop and frisk"?
a. The stop was illegal. The officers did not have specific, articulable facts to justify the
stop.
b. The stop was legal. A brief investigative stop can be justified by the circumstances.
c. The stop was legal. The gun provided probable cause to justify the stop, a standard of
proof higher than reasonable suspicion.
d. The stop was illegal. The officers didn't find any drugs on the suspect.
What is the name given to the particular location or area in which a court having
geographic jurisdiction may hear a case?
a. venue
b. stay
c. venire
d. federal question
Which of the following is the federal court of last resort in the United States?
a. U.S. District Court
b. U.S. Court of Criminal Appeals
c. U.S. Supreme Court
d. U.S. Magistrate Court
The Speedy Trial Act of 1974 (amended in 1979) allows how many days from arrest to
indictment in federal courts?
a. 30
b. 45
c. 60
d. 75
What legal doctrine was established to control police misconduct?
a. exclusionary rule
b. rules related to exculpatory evidence
c. writ of habeous corpus
d. stare decisis
An increasing number of federal court vacancies have been filled by women since
whose presidency?
a. Bill Clinton
b. Ronald Reagan
c. George W. Bush
d. Jimmy Carter
Infancy and insanity are known as:
a. substantive defenses
b. excuse defenses
c. justification defenses
d. mental incapacity defenses
CASE 17.1
Beginning around 1890, members of the Progressive movement advocated a variety of
political, economic, and social reforms. They were genuinely concerned about the
economic disparities, social disorders, and excesses of industrialization, particularly as
they affected children. Progressives denounced the evils of child labor and pushed for
legislation banning the practice. They were likewise appalled by the violent and
exploitive conditions of reform schools. The fact that orphans were thrown into reform
schools for the uncontrollable circumstance of having no parents shocked the
Progressives' moral values. Taking up the plight of the children of the urban immigrant
poor, they argued that these children were not bad, but were corrupted by the
environment in which they grew up.
What doctrine allowed the Progressives to use the juvenile court to help children?
a. res ipsa loquitir.
b. stare decisis.
c. parens patriae.
d. patriae familiae.
A defendant is charged with aggravated assault. The prosecutor will accept a plea to
simple assault. This is an example of what kind of bargain?
a. count
b. charge
c. reduction
d. indictment
The most influential actor in the courthouse is the:
a. judge
b. defense attorney
c. clerk of court
d. prosecutor
What kind of jurisdiction gives a court the power to review cases that have already been
decided by another court?
a. appellate jurisdiction
b. concurrent jurisdiction
c. personal jurisdiction
d. subject matter jurisdiction
What sentence specifically states the exact number of years to be served in prison?
a. determinate
b. indeterminate
c. definite
d. predetermined
What is the emphasis in domestic violence courts?
a. integration
b. separation
c. segregation
d. punishment
What was the legal issue presented to the U.S. Supreme Court in Payne v. Tennessee
(1991)?
a. victim characteristics
b. "Son of Sam" law
c. victim impact statements
d. mandatory restitution
Members of the courtroom work group become frustrated when victims and witnesses
a. do not cooperate
b. are intimidated by the defendant's friends
c. are intimidated by the defendant
d. all of these answers are correct
Which of the following decisions is the exclusive domain of the prosecutor?
a. Bail
b. Charging
c. arraignment
d. sentencing
In U.S. v. Georgia (2006), the U.S. Supreme Court held that states and municipalities
can be held civilly liable for failing to:
a. abolish height and weight requirements for criminal justice agencies.
b. maintain correctional facilities that accommodate the special needs of disabled
prisoners.
c. create exemptions for bona fide occupational qualifications in hiring and promotion.
d. provide special training for employees on the requirements of the Americans with
Disabilities Act.
What types of organizations are involved in the victims' rights movement?
a. local organizations
b. state organizations
c. national organizations
d. local, state, and national organizations
The largest victim advocacy group is
a. the American Association of Retired People.
b. Mothers Against Drunk Driving.
c. the Center for Missing and Exploited Children.
d. Handgun Control Incorporated.
The ideal of _____ justice under the law means that all persons convicted of the same
offense should receive identical sentences.
Indigent defendants sentenced to death must rely on voluntary counsel in pursuing
post-conviction discretionary appeals, including appeals to the U.S. Supreme Court.
Compare and contrast the law on the books and the law in action approaches to court
delay. Which approach do you think is the most effective at addressing the problem of
delay in courts? Why?
Many legal protections found elsewhere in the criminal court process are not applicable
at the grand jury stage.
Analyze and discuss the effect(s) of the exclusionary rule on the operations of the
courtroom work group.
Criminal trials start with two presumptions: the presumption of sanity and the
presumption of innocence.
A guilty plea requires a defendant's waiver of a number of important rights.
A(n) _____ prison sentence is one in which the judge imposes a minimum and a
maximum term of incarceration.
The _____ doctrine bars derivative evidence unless the evidence is so far attenuated
from the constitutional violation that its use would not offend due process.
Secondhand evidence is called hearsay.
All potentially exculpatory evidence must be disclosed to the defense.
Sentencing guidelines direct the _____ to specific actions that should be taken.
Due process requires that no law or government procedure should be arbitrary or
capricious.
Speedy-trial laws are limited because they do not deal with discretion.
What is the victim-offender dyad? Why is the victim-offender dyad important in
research of capital punishment? What other factors are important to research of capital
punishment?
The doctrine of applying the Bill of Rights to the states through the Fourteenth
Amendment is known as _____.
