What types of evidence must always be turned over by the prosecutor to the defense in
virtually all jurisdictions?
a. all open files of any type
b. all exculpatory evidence and all impeachment evidence
c. all witness statements
d. all statements made by the defendant
The _____ is responsible for transporting detained defendants from the jail to the
courthouse.
a. bailiff
b. bail bondsman
c. sheriff’s deputy
d. clerk of court
If a recommendation of impeachment of a federal judge is made by the judicial council
what entity may vote articles of impeachment?
a. The House of Representatives
b. The Senate
c. The Judiciary
d. The House and the Senate
In England, the concept of a jury functioning as an impartial fact-finding body was first
formalized in 1215 in the
a. English Bill of Rights.
b. Assize of Clarendon.
c. Declaration of the Rights of Man.
d. Magna Carta.
Collectively, research supports the proposition that which of the following groups are
sentenced more harshly than any other group?
a. young, poor, African-American and Hispanic males.
b. middle-aged, poor, African-American and Hispanic males.
c. young, poor, African-American and Hispanic females.
d. young, middle-class, African-American and Hispanic males.
Criminal defendants are guaranteed the right to have an appellate court directly
examine their convictions for all types of alleged errors as long as they do what?
a. file a writ of habeas corpus
b. file a notice of appeal within the specified time limits
c. request a hearing with the judge
d. file a request for de novo review
In Mistretta v. U.S. (1989) the U.S. Supreme Court held these to be constitutional and
did not violate separation of powers.
a. sex offender registration laws
b. the federal sentencing commission and guidelines
c. determinate sentences
d. the abolition of federal parole
How do postconviction remedies differ from appeals?
a. They may be filed only by those actually in custody.
b. Post-conviction petitions may bring up issues not raised during trial.
c. Many state courts allow unlimited post-conviction remedies.
d. All of these answers are correct.
Which of the following is one example of a safeguard provided by the adversarial
system?
a. The presumption of equality
b. Pretrial detention of defendants
c. The right to compensation for losses suffered
d. The right to cross-examination
Victims of crime are increasingly resorting to:
a. notifying law enforcement
b. criminal prosecution
c. vigilantism
d. civil litigation
What is an amicus curiae brief?
a. a friend of the court brief
b. an appellate brief
c. a request for the U.S. Supreme Court to hear an appeal
d. a request for a state high court to hear an appeal
Most “federal question” cases present issues concerning:
a. the interpretation or application of the U.S. Constitution.
b. cases in which two or more states are parties.
c. the application and interpretation of a statute enacted by Congress.
d. securities and banking regulations relating to the housing market crash.
What state supreme court ruled that juvenile have the constitutional right to a trial by
jury?
a. California
b. Iowa
c. Missouri
d. Kansas
The informal and formal exchange of information between the prosecutor and the
defense attorney prior to trial is called what?
a. reciprocity
b. prosecutorial disclosure
c. discovery
d. Brady exchange
The two primary duties of the grand jury have been summarized in the phrase
a. “duck and run”.
b. “cover and conceal”.
c. ‘shield and sword”.
d. “pen and sword”.
In states without intermediate appellate courts, state courts of last resort
a. must hear all criminal appeals.
b. have discretion to hear only the cases they decide are the most important.
c. hear only the most notorious cases.
d. None of these answers is correct.
The basic administrative unit of a circuit, which has authority to make all necessary and
appropriate orders for the effective and expeditious administration of justice within its
circuit, is called the:
a. Administrative Office of the District
b. Administrative Oversight Commission
c. Federal Judicial Administration
d. Judicial Council
What is one of the most important mitigating factors?
a. perceived social stability of the defendant
b. perceived employability of the defendant
c. perceived capability of the defendant
d. perceived marketability of the defendant
CASE 5.3
Lawyers often suffer from a negative public image, which is one reason the legal
profession places considerable emphasis on legal ethics. Ethics refers to the study and
analysis of what constitutes good or bad conduct (Pollock 2012). Legal ethics
represents a specific type of ethics.
Legal ethics are an example of what type of ethics?
a. Theoretical ethics.
b. Applied ethics.
c. Professional ethics.
d. Applied and professional ethics.
What state was the first to adopt a modern and practical system for disciplining its
judges?
a. Missouri
b. Connecticut
c. Florida
d. California
The various selection systems produce judges with
a. very similar backgrounds
b. very poor backgrounds
c. very diverse backgrounds
d. very productive backgrounds
The leading cause of wrongful convictions is
a. overzealous police and prosecutors who develop “tunnel vision”.
b. inadequate representation by incompetent or overworked attorneys.
c. subjective forensic analysis (e.g., fingerprints) that are taken to be scientific and
unerring.
d. mistaken eyewitness identification.
What is another name for trial juries?
a. grand juries.
b. petit juries.
c. bench juries.
d. non juries.
The prosecution always bears the burden of persuading the trier-of-fact that the
defendant:
a. is guilty based on clear and convincing evidence.
b. committed the majority of the elements of the crime(s) charged
c. committed each and every element of the crime(s) charged
d. is guilty and deserves to be punished to the fullest extent of the law
Regarding gender-based differences in sentencing outcomes, the evil woman hypothesis
focuses on
a. traditional sex role expectations.
b. treating women like children.
c. treating women the same as men.
d. traditional female crimes.
Wrongful convictions have resulted from which of the following?
a. hair microscopy
b. serology
c. fingerprinting
d. All of these have contributed to wrongful convictions
Findings from the National Crime Victimization Survey indicate that what percent of
violent crimes are reported to the police?
a. about 30 percent
b. only half
c. about 70 percent
d. close to 90 percent
Compared to the average citizen, a felony defendant is more likely to be
a. younger
b. male
c. a racial minority
d. All of these answers are correct
The United States has a dual court system consisting of:
a. district and superior courts.
b. trial and appellate courts.
c. criminal and civil courts.
d. state and federal courts.
The exclusionary rule applies to
a. coerced confessions.
b. unnecessarily suggestive police lineups.
c. seizures of items during an unconstitutional search.
d. The exclusionary rule applies to all of these.
Searches fall into two broad categories:
a. warrant and probable cause.
b. warrantless and reasonable suspicion.
c. warrant and warrantless.
d. bench warrant and affidavit.
Which of the following is among the ethical issues faced by prosecutors?
a. how much evidence to disclose to the defense
b. how much information to release to the public
c. whether to prosecute a given defendant
d. all of the answers are among the ethical issues faced by prosecutors
Lawyers who are less cooperative find that they do not get _____ case scheduling
considerations.
Discuss the nature of appellate review. Specifically, discuss the functions of appellate
courts and the scope of appellate review.
The primary function of a grand jury is to _____ whether probable cause exists to
believe that the defendant committed the crime or crimes charged.
Discuss the customary steps that must be taken to file an appeal and explain how the
appellate practice differs from trial work.
When the executive or the legislature selects judges, fewer district attorneys become
judges.
Witness-related problems result in a significant number of cases being dropped by the
prosecutor or the judge.
In _____ courts, no trials are held, no jurors are employed and no witnesses are heard.
Most states require that suppression motions be made prior to trial.
Discretion of judges in setting bail is often guided by _____ of flight.
The _____ is the most influential of the courthouse actors.
The executive branch of government becomes involved in punishment by way of
pardons and parole.
Not all _____behavior can be blamed on victims and witnesses.
The most important case with respect to juvenile justice is In re Winship.
A _____ is a court order that temporarily suspends activity in a case.
The plain view doctrine has been expanded to cover other senses, such as “plain smell.”
Juveniles accused of serious offenses, or who have a history of repeated offenses, may
be tried as adults.
Disparities refer to inconsistencies resulting from the decision-making process.
_____ are the best known aspects of procedural law.