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What statements consist of written or oral information about the impact of crime on the
victim and the victim's family?
a. victim impact statements
b. victim testimony
c. eyewitness testimony
d. circumstantial evidence
Courts of therapeutic jurisdiction do not include which of the following?
a. drug courts
b. courts of last resort
c. domestic violence courts
d. elder court
CASE 15.2
Since 2000, the U.S. Supreme Court has raised serious doubts about the
constitutionality of many state sentencing guidelines, holding that other than a prior
conviction, any fact that increases the penalty for a crime beyond the statutory
maximum must be tried before a jury (Apprendi v. New Jersey, 2000). Based on this
reasoning, in 2004 the Court struck down sentencing guidelines in the State of
Washington, holding that the Sixth Amendment gives juries (and not judges) the power
to make a finding of fact beyond a reasonable doubt (Blakely v. Washington, 2004). The
dissenters argued that the decision will serve only to increase judicial discretion and
lead to less uniformity in sentencing, perhaps leading to increasing racial
discrimination.
What two extra-legal factors that impact the imposition of a sentence above the
maximum range of sentencing guidelines appear to affect both jury and judicial
decision-making in particular?
a. age and sex.
b. age and economic status.
c. economic status and sex.
d. race and age.
Which of the following states reported the highest levels of overcrowding?
a. Alabama.
b. New York.
c. Indiana.
d. California.
Which of the following is a power of the grand jury?
a. All of these are powers of the grand jury
b. To subpoena witnesses
c. To indict defendants
d. To grant witness immunity
CASE 1.1
The creation of "designer drugs" is outpacing the ability of society to enact laws to
prohibit them. Many of these substances have negative side effects, ranging from
violent behavior to death.
Which of the following responses to the problem would best fit the "crime control"
philosophy?
a. Government takes steps to limit the availability of ingredients used in the
manufacture of designer drugs.
b. Design a public awareness campaign to warn potential users of the dangers presented
by use of these drugs.
c. Partner with community leaders to identify underlying social issues promoting the
drug subculture.
d. Pass legislation and increase enforcement efforts to send a message of "zero
tolerance" to those who manufacture, sell, and use designer drugs.
Which of the following is one of the three major issues related to imprisonment as a
sentence in the United States?
a. overcrowding
b. conditions of confinement lawsuits
c. high costs of incarcerating prisoners
d. all of these answers are correct
What factors often influence discretionary decision making by members of the
courtroom work group?
a. legal judgments
b. policy priorities
c. personal philosophies
d. legal judgments, policy priorities, and personal philosophies
Which of the following represents a clear disadvantage of localized control of justice?
a. Local courts are closely linked to the people they serve.
b. The application of 'state" law often has a local flavor.
c. The officials who staff these courts are recruited from the local community they serve
and thus reflect the sentiments of that community.
d. Local control has been an incubator of corruption and injustice.
CASE 15.1
During the late 1960s and early 1970s, an unusual political coalition developed between
liberals and conservatives. Both sides found considerable fault in existing sentencing
practices. Although their reasons reflected fundamentally different concerns, liberals
and conservatives defined the problem in similar terms: The criminal laws permitted too
much latitude in sentencing, providing judges with little or no guidance on how to
determine the proper sentence for each individual case.
Adherents of the due process model were concerned about a
a. lack of fairness in sentencing.
b. lack of harshness in sentencing.
c. failure to keep offenders in prison long enough.
d. failure to release offenders from prison soon enough.
Laws created by federal and state legislatures are known as:
a. ordinances
b. statutes
c. administrative regulations
d. legislation
CASE 5.2
The regular participants in the day-to-day activities of a courtroom include the judge,
prosecutor, and defense attorney. There actors in the courtroom often make decisions
without reference to specific rules or facts. The decision made by these actors allow the
courtroom process to flow smoothly enable the speedy processing of defendants.
What is the name given to the process that treats defendants' as objects to be processed?
a. socialization
b. delay
c. discretion
d. assembly-line justice
Which of the following is not an essential element of therapeutic jurisprudence?
a. immediate intervention
b. hands-on judicial involvement
c. treatment programs
d. adversarial adjudication
Holding suspects in jail without bail to protect community safety is known as
a. administrative segregation
b. protective detention
c. public protection bail
d. prevention detention
In most jurisdictions, it is _____ for law enforcement personnel or juvenile court
officials to release the names of juveniles to the media.
What form of judicial selection is supported as a way to sift out unqualified applicants?
a. partisan election
b. appointment
c. nonpartisan election
d. merit selection
Throughout a case, decisions on bail, indictment and screening are based on what
knowledge?
a. most defendants are guilty
b. most defendants end up pleading
c. most defendants are innocent
d. most defendants go to trial
What is the principal objective of a unified court system?
a. centralized management
b. local control
c. reduced caseloads
d. independent judges
What are important because they provide necessary boundaries on conflict represented
by the adversary system?
a. courtroom workgroups
b. defense attorneys
c. bail bondsmen
d. legal ethics
The most important victim characteristic that influences case processing is
a. the victim's race
b. the victim's age
c. the victim's social class
d. the victim's relationship with the offender
The Miranda warnings do not have to be given before law enforcement obtains
a. breath or blood samples.
b. handwriting samples.
c. fingerprints.
d. Miranda warnings are not required for any of these.
What is the name of a court that has original jurisdiction?
a. trial court
b. appellate court
c. legislative court
d. traffic court
What is the term indicating that a prosecutor in a criminal cases must produce some
evidence to justify moving a case forward?
a. burden of proof
b. burden of evidence
c. burden of production
d. burden of instructions
CASE 8.3
For most Americans, the judge is the symbol of justice. Of all the actors in the criminal
justice process, the public holds the judge most responsible for ensuring that the system
operates fairly and impartially. And most certainly the trappings of officethe flowing
black robes, the gavel, and the command "All rise!" when the judge enters the
courtroomreinforce this mystique. As important as these symbols are, they sometimes
raise obstacles to understanding what judges actually do and how they influence the
criminal justice process.
The vast array of legal powers possessed by judges often leads people to
a. overestimate the actual influence of the judge
b. underestimate the actual influence of the judge
c. understand the actual influence of the judge
d. None of these answers is correct
At which of the following stages in the criminal justice process is an indigent defendant
not guaranteed counsel paid for by the government?
a. plea bargaining
b. trial
c. first appearance
d. discretionary appeal
What type of crime is found on the bottom layer of the criminal justice wedding cake?
a. celebrated cases
b. serious felonies
c. misdemeanors
d. lesser felonies
"Only by locking him up and throwing away the key" can we assure that he won"t be
able to rape another woman." That statement best matches which of the following
purposes of punishment?
a. retribution
b. incapacitation
c. general deterrence
d. specific deterrence
Legal ethics seek to ensure that lawyers will
a. zealously advocate for their client.
b. get the best deal for their client.
c. find the truth for their client.
d. get the most money for their client.
Which Amendment states: "In all criminal prosecutions, the accused shall enjoy the
right to be informed of the nature and cause of the accusation"?
a. 4th Amendment
b. 5th Amendment
c. 6th Amendment
d. 8th Amendment
All states that have altered judicial selection techniques in recent years have adopted
some form of
a. merit selection
b. legislative appointment
c. election
d. executive appointment
Judges selected via _____ generally react to public opinion.
Some see the victim's movement as manipulating victims by providing symbols but no
substance.
The mental state required for a crime to have been committed is referred to as the actus
reus.
The exclusionary rule requires exclusion of evidence obtained as a result of a _____
violation.
The U.S. Solicitor General is sometimes referred to as the _____ Justice.
The _____ is a Supreme Court custom that allows a minority of the Court to impose on
the majority a question that the majority does not think it appropriate to address.
Intermediate courts of appeals must hear all properly filed appeals.
The informal and formal exchange of information between prosecution and defense is
referred to as _____.
Discuss the Casey Anthony case, including whether or not the case is a typical criminal
case. What does the statistical data tell us about the similarities/differences?
What are the different standards of appellate review? What impact do they have on
criminal appeals?
The Prison Litigation _____Act (1996) limits the ability of inmates to file civil rights
actions.
Civil asset forfeiture is termed a(n) _____ proceeding because the action is against the
thing, not the person who owns the thing.
A judicial order that prohibits persons involved with the case from providing
information to the media is called a _____ order.
The majority of searches are conducted without a warrant.
One type of problem-solving court is the _____ violence court.
The power of a jury to ignore the law is called jury _____.
Courthouse _____ are dissatisfied with the status quo and will fight to change it.
Judicial reformers would like to abolish the _____ system altogether.
The right to effective assistance of counsel extends to _____.
