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The "trial" to determine whether a youth is guilty or not guilty is called what in juvenile
court?
a. initial hearing
b. detention hearing
c. adjudicatory hearing
d. conference hearing
Which of the following is not a traditional aspect of juvenile court proceedings?
a. informal proceedings
b. proceedings that are open to the public
c. proceedings that are based on civil law
d. a lack [or absence] of jury trials
What type of proof is necessary to arrest, conduct a search or seize evidence?
a. probable cause
b. reasonable suspicion
c. beyond a reasonable doubt
d. clear and convincing evidence
According to the chapter, which of the following best explains why few cases receive
individual treatment?
a. discretion
b. speedy-trial laws
c. assembly-line justice
d. the dynamics of the courtroom work group
Formal methods for removing unfit judges include which of the following?
a. impeachment proceedings
b. recall elections
c. impeachment proceedings and recall elections
d. impeachment proceedings, recall elections, and judicial conduct commissions
Why do judges engage in plea bargaining?
a. to move cases.
b. to gain leniency for the defendants.
c. to gain convictions.
d. None of these answers is correct.
Which of the following is a characteristic of the crime control model of criminal
justice?
a. The process resembles an obstacle course for the prosecution and police
b. Stresses formal and court fact-finding
c. Concern for speed and protecting society
d. Focus on the rights of defendants
Complete freedom from civil liability is known as
a. qualified immunity
b. partial immunity
c. immunity
d. absolute immunity
What two provisions of the U.S. Constitution often come into conflict in high-profile
criminal cases?
a. The Sixth Amendment and the Seventh Amendment.
b. The Fourth Amendment and the Fifth Amendment.
c. The First Amendment and the Sixth Amendment.
d. The Seventh Amendment and the Eighth Amendment.
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 proposals would our Federalist founding fathers most likely
support?
a. Abolish federal diversity jurisdiction except in certain cases.
b. Abolish concurrent jurisdiction on crimes punishable by both state and federal law.
c. Creation of several new Article I legislative courts.
d. Limit ability of prisoners to file civil rights lawsuits.
Which Amendment to the U.S. Constitution states: "No person shall be held to answer
for a capital or otherwise infamous crime, unless on a presentment or indictment of a
grand jury"?
a. 1st Amendment
b. 4th Amendment
c. 5th Amendment
d. 6th Amendment
What case replaced Frye regarding the admissibility of scientific testimony?
a. Daubert v. Merrill-Dow Pharmaceuticals
b. J.E.B. petitioner v. Alabama
c. Kumho Tire v. Carmichael
d. Snyder v. Louisiana
Approximately what percentage of state court judges in the United States are women?
a. Less than 10
b. 29
c. 33
d. 50
How often have pro se defendants been found to do as well in court as represented
defendants?
a. 80% of the time
b. 50% of the time
c. 25% of the time
d. Never
How many layers are there on the criminal justice wedding cake?
a. two
b. three
c. four
d. five
If the defendant wants to enter an Alford plea, the judge
a. cannot lawfully accept it.
b. may accept the plea only if the defense attorney agrees.
c. may accept it only if there is a substantial evidence of guilt or a strong factual basis
for the plea.
d. may accept it only if the defendant is not able to understand the meaning of factual
guilt.
What type of panels are typically used by intermediate courts of appeals?
a. rotating three-judge
b. rotating five-judge
c. nine-judge
d. single-judge
It is estimated that career criminals commit what percent of crimes?
a. over 40%
b. over 50%
c. over 60%
d. over 70%
CASE 9.2
The criminal courts confront a double bind with regard to victims. On the one hand,
victims are valued for the cases they bring to the system; their misfortunes become the
raw material of the court process. On the other hand, individual victims represent a
potential source of irrationality in the process. The personal and often emotional
involvement of victims in the crime experience can generate particular demands for
case outcomes that have little to do with the public interest.
Members of the courtroom workgroup know that the same individual may, at different
times,
a. be a victim, a witness, and an offender
b. be a victim and an offender
c. be a witness and an offender
d. be an offender
In what case, in 1976, did the U.S. Supreme Court upheld guided discretion death
penalty laws.
a. Thurman v. Georgia
b. Granger v. Georgia
c. Tinsley v. Georgia
d. Gregg v. Georgia
What rule prohibits the prosecutor from using illegally obtained evidence during a trial?
a. the Miranda rule
b. the discovery rule
c. the plain view rule
d. the exclusionary rule
Which of the following is the primary reason for high turnover among assistant district
attorneys?
a. little formal on-the-job training
b. low salaries
c. high stress
d. little opportunity for promotion
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.
The shift in thinking at the end of 19th century regarding children meant that parents
a. were no longer considered to have sole and exclusive legal responsibility over their
children.
b. were considered to have sole and exclusive legal responsibility over their children.
c. were legally responsible for their children's behavior.
d. must provide for their children.
CASE 8.2
A U.S. district judge pled guilty to obstruction of justice for lying to judges who
investigated sexual misconduct complaints. Sentenced to 33 months in federal prison in
May 2009, the judge attempted to retire from the bench, thereby allowing him to draw
his salary. He was impeached and resigned from the bench in disgrace, effectively
ending his impeachment trial.
Who impeached the U.S. district judge?
a. the House of Representatives
b. the Senate
c. the Supreme Court
d. the judicial commission
Which of the following are hardships faced by victims and witnesses?
a. getting the courthouse, parking, and trial delays
b. getting the courthouse
c. parking
d. trial delays
Which of the following is not true of federal district court judges?
a. They are nominated by the President.
b. They must be confirmed by the U.S. Senate.
c. They must reside in their district.
d. They are appointed for eight year terms.
If the state judicial conduct commissions find merit to the complaint about a judge they
often
a. work informally to correct the problem
b. work formally to correct the problem
c. file formal charges
d. file formal warnings
The state court systems are most often structured in what way?
a. locally
b. centrally
c. logically
d. evenly
CASE 16.1
Appeals courts approach appellate decision making in different ways, depending on the
types of questions presented for review on appeal. Sometimes appellate courts are very
deferential to what happened in lower courts, while other times they give no deference
at all. How much deference or scrutiny an appellate court will afford to the decisions of
a judge, jury, or administrative agency in an appeal is referred to as the standard of
review.
Questions of fact decided by a judge will receive what standard of appellate review?
a. de novo
b. reasonableness
c. clear error
d. abuse of discretion
Assistant district attorneys are typically
a. young lawyers
b. young judges
c. young politicians
d. young doctors
The U.S. District Courts are the federal trial courts for all major violations of federal
criminal law.
Contrast the roles of trial and appellate courts.
Define, compare, and contrast formal and informal discovery.
The public defender is a 20th-century response to the problem of providing legal
representation for the _____.
Explain the difference between absolute immunity and qualified immunity for
prosecutors.
Article _____ of the U.S. Constitution established the U.S. Supreme Court and gave
Congress the power to create lower courts.
The prosecution has the responsibility to overcome the presumption of _____.
Most cases end in a plea of guilty.
Discuss the need to balance judicial independence and judicial accountability. Be sure
to provide examples.
The term "_____" refers to the exchange of information prior to trial.
Appeals courts hear evidence at trials.
Juries and not judges have the _____ to decide on important facts (other than prior
record) that determine sentencing.
The Fifth Amendment ban on _____ generally prohibits retrial of a person who has
already been convicted of the same crime.
Describe the five major areas of civil law.
Bargaining is possible because each of the legal actors in the courtroom work group
understands the realities of law in action.
What are mandatory-minimum sentences? Why does the public like such sentences?
How are mandatory-sentencing laws nullified by discretion? Provide an example of
nullification in your answer.
Felony defendants enter a plea at the _____ stage of the judicial process.
