SESP 31785

subject Type Homework Help
subject Pages 14
subject Words 2199
subject Authors David W. Neubauer, Henry F. Fradella

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page-pf1
Closed discovery encourages
a. plea-bargains.
b. jury trials.
c. trials without a jury.
d. guilty pleas.
CASE 1.3
As a result of increased enforcement efforts, the courts and correctional facilities are
inundated with mostly low-level drug offenders. Public support of the newest campaign
in the war on drugs is starting to wane as increasing taxes to build new jails to house
pretrial detainees are discussed.
Which of the following is not part of the "crime control" belief system?
a. Individual responsibility is at issue when considering the ramifications of drug abuse.
b. "Speedy trial" legislation should be enacted to ensure that justice is not delayed.
c. The adversarial process at trial achieves the correct result.
d. Incarceration achieves the dual result of deterrence and increased public safety.
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What event following the Civil War produced fundamental changes in the structure of
the American Judiciary?
a. decreases in population
b. rapid industrialization
c. lower volumes of litigation
d. decreases in urban populations
Litigants in state courts are most often
a. large and small businesses.
b. individuals and small businesses.
c. large businesses and governmental bodies.
d. individuals and governmental bodies.
What case held that the death penalty may not be imposed on offenders who commit
crimes before they are 18??
a. in re Gault
b. In re Winship
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c. Thompson v. Oklahoma
d. Roper v. Simmons
What courts are at the first level of state courts?
a. trial courts of limited jurisdiction
b. justice of the peace courts
c. municipal courts
d. problem-solving courts
In Sheppard v. Maxwell the U.S. Supreme Court ruled which of the following violated
Sheppard's right to a fair trial?
a. bias in jury selection
b. prejudicial pretrial publicity
c. jury tampering
d. jury nullification
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CASE 16.2
Criminal appeals are generally routine because they seldom raise meritorious issues
(Primus, 2007; Wold & Caldeira, 1980). Current standards of effective assistance of
counsel often force lawyers to appeal, no matter how slight the odds of appellate court
reversal. As a result, a significant number of criminal appeals lack substantial merit. For
example, of the roughly 5,125 written dispositions in criminal appeals filed by
defendants in the California Court of Appeals in 2010, the court reversed only 226 (4%)
convictions (Judicial Council of California, 2011). Why do criminal appeals rarely
succeed? First, the appellate standards of review applicable to most decision-making
during criminal trials are highly deferential to trial court outcomes (Primus, 2007).
Second, appellate courts often find that no reversible error was committed during the
trial court proceedings.
Given the information provided, which of the following statements is true?
a. The rules of appeals are designed not to disturb the results of a criminal trial unless a
serious, reversible error has occurred.
b. The rules of appeals are designed not to disturb the results of a criminal trial unless
any error has occurred.
c. The rules of appeals are designed not to disturb the results of a criminal trial unless
no error has occurred.
d. The rules of appeals are designed to disturb the results of a criminal trial.
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
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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 crime control model were not concerned with
a. excessive discretion.
b. undue leniency.
c. disparity.
d. lenient parole boards.
Which of the following U.S. Supreme Court cases extended the exclusionary rule to the
states?
a. Mapp v. Ohio
b. Terry v. Ohio
c. Marbury v. Madison
d. Burns v. Reed
What type of law in the United States places a heavy emphasis on protecting the rights
of individuals?
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a. procedural law
b. inferential law
c. substantive law
d. administrative law
In which case did the U.S. Supreme Court hold that indigent defendants charged with a
felony are entitled to the services of a lawyer paid for by the government?
a. Miranda v. Arizona
b. Gideon v. Wainwright
c. Plessey v. Ferguson
d. U.S. v. Wade
What happens immediately prior to a jury beginning deliberations?
a. the judge instructs the jury
b. the judge sequesters the jury
c. the judge begins voir dire
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d. the judge summons the venire
Speedy-trial laws reflect
a. A law on the books approach to problem solving.
b. A law in action approach to problem solving.
c. A legal ethics approach to problem solving.
d. A bail bonds approach to problem solving.
CASE 1.2
Politicians have expressed their outrage at the designer drug problem by enacting
legislation targeting manufacture, sale, and possession that require mandatory minimum
sentences. The police across the country start making arrests based on this new
legislation.
Which of the following aspects of the criminal justice process exemplify "law on the
books"?
a. Police Mirandize a suspect and obtain a voluntary confession.
b. At initial appearance, the judge sets a low bail because the jail is overcrowded.
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c. The prosecutor meets with the defense attorney to discuss the terms of a plea
agreement.
d. Upon accepting the plea, the judge sentences the defendant based on his own
discretion.
The United States Supreme Court often hears fewer than _____ cases each term (year).
a. 100
b. 85
c. 250
d. 1,000
Lawsuits by inmates contending that local, county, or state officials have deprived them
of their constitutional rights are often termed what?
a. conditions of confinement lawsuits
b. correctional conditions lawsuits
c. corrections conditions lawsuits
d. conditions of corrections confinement lawsuits
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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.
Which of the following are index crimes?
a. robbery.
b. embezzlement.
c. drug offenses.
d. forgery.
Differences in sentencing caused by different laws in different jurisdictions or
differences in judicial attitudes toward sentencing is called sentencing
a. discrimination.
b. discreteness.
c. dexterity.
d. disparity.
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Some see the victims' movement as providing much needed support for victims of
crime. Others view the victims' movement as manipulating victims by providing
a. money but no support
b. symbols but no substance
c. support but no money
d. substance but no symbols
What is the main objective of changes in sentencing structure?
a. increase in judicial discretion
b. reduction in judicial discretion
c. reduction in prosecutorial discretion
d. increase in prosecutorial discretion
page-pfb
In a U.S. Supreme Court decision, the opinion which agrees with the majority result but
not with the reasoning of the majority is called what?
a. a concurring opinion
b. a dissenting opinion
c. a plurality opinion
d. a per curium opinion
During pretrial evidence suppression hearings, the burden of proof lies with the
a. police.
b. prosecutor.
c. defense attorney
d. judge.
The written legal arguments filed with the appellate court are called
a. notices.
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b. action documents.
c. briefs.
d. contentions.
Under the Daubert standard, what is the lynchpin to admissibility?
a. probability
b. validity
c. circumstance
d. reliability
What are the urban counterparts of the justice of the peace courts?
a. major trial
b. supreme courts
c. appellate courts
d. municipal courts
page-pfd
What do adherents of the crime control model oppose plea bargaining?
a. they believe prosecutors are lazy
b. they believe judges are lazy
c. they believe defendants get off too lightly
d. they believe defendants are forced to give up constitutional rights.
What kind of court system has a coherent hierarchy with authority concentrated in the
state capital?
a. structured
b. systematic
c. complex
d. unified
page-pfe
Symbolic restitution usually involves some form of
a. community service.
b. direct payment to the victim.
c. imprisonment.
d. a fine.
Which of the following is a law in action approach to court delay?
a. implementing speedy trial laws
b. adding court resources
c. streamlining court procedures
d. trying to achieve better coordination among members of the courtroom work group
The questioning of potential jurors is called
a. voir dire.
b. venire.
c. sequester.
page-pff
d. inquiry.
Most judges are newcomers to political life; most have little (if any) political
experience.
Ethical issues facing prosecutors are very similar to those confronting defense
attorneys.
Over time it has become much easier for inmates to challenge the conditions of their
confinement in federal court.
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Discuss the characteristics of the typical felony defendant. How do these characteristics
differ from those of the typical courtroom work group member? What might be the
consequence of these different characteristics between the defendant and work group
members?
American government is based on the principle of _____ , which distributes
government power between national (usually referred to as federal) and state
governments.
Proponents of the _____ Model of criminal justice argue that instead of pouring
increasing amounts of public dollars into juvenile prisons, we need to put more into
education and prevention.
page-pf11
Define, discuss, compare, and contrast deterrence, incapacitation, rehabilitation, and
retribution.
Miranda applies only to _____ interrogations.
Judges are _____ by other members of the courtroom work group.
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State judicial conduct commissions were first created in _____ for the purpose of
disciplining judges.
The child-saving movement believed that juveniles needed treatment.
_____ does not mean conviction, but rather allegations of wrongdoingroughly the
equivalent of a grand jury indictment.
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Judges like Alford plea agreements because the defendant admits guilt on the record, in
open court, and bears responsibility for his or her wrongdoing.
The Sixth Amendment provides for the right to counsel in "all criminal prosecutions,"
so it is not limited to the trial itself.
Good time is a mechanism used to reduce overcrowding.
The _____ Amendment provides for the right to a speedy and public trial.
page-pf14
The U.S. Supreme Court has ruled that the effective assistance of counsel is a right
protected by the _____ Amendment.

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