CASE 14.3
In Trop v. Dulles (1958), the Supreme Court explained that the scope of the Cruel and
Unusual Punishments Clause of the Eighth Amendment to the U.S. Constitution is not
static, but rather should be interpreted on the basis of “evolving standards of decency in
a maturing society” (p. 101). Since that time, the Court has been repeatedly called upon
to determine if particular capital punishment laws or their application in particular cases
are consistent with the Eighth Amendment as viewed from the perspective evolving
standards of decency in a maturing society.
In 2008 the Court upheld the constitutionality of what form of execution?
a. Electrocution c. Gas poisoning
b. Hanging d. Lethal injection
At which of the following stages in the criminal justice process is an indigent defendant
provided counsel paid by the government?
a. at the time of arrest
b. during a preliminary hearing
c. during a grand jury hearing
d. when filing a discretionary appeal
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 political dynamics surrounding the role of the federal government in the criminal
justice system is based on the imbalance between federal official’s need to be seen as
doing something about the crime problem and:
a. their limited jurisdiction to do anything.
b. lack of support from states to partner in addressing crime rates.
c. fear of increased litigation arising from jurisdictional issues.
d. double jeopardy issues related to parallel state and federal and federal prosecutions.
Most intermediate courts decide most cases in rotating panels of how many judges?
a. 3
b. 5
c. 7
d. 9
Law on the books expresses a strong preference for bail unless clear and convincing
evidence establishes that
a. there is a serious risk that the person will flee
b. the offense is one of violence or one punishable by life imprisonment or death
c. the person may obstruct justice or threaten, injure, or intimidate a prospective witness
or juror
d. All of these answers are correct.
Which of the following statements correctly summarizes research findings about the
effectiveness of domestic violence courts?
a. Rates of rearrest increase among defendants adjudicated in these courts.
b. Rates of conviction are higher in these courts.
c. Victims and their families do not receive more services.
d. Victims and defendants are more satisfied with the court process.
In terms of national policy, the most important court in the country is the:
a. U.S. District Court
b. U.S. Appellate Court
c. U.S. Supreme Court
d. U.S. Criminal Court
During a preliminary hearing, the prosecutor must prove to ____________ that a crime
was committed and that there is probable cause to believe the defendant committed the
crime.
a. the grand jury
b. a judge
c. a jury
d. the District Attorney
Prosecutors can influence the sentencing decision in all of the following ways, except
a. agreeing to a count or charge bargain.
b. bringing mitigating or aggravating factors to the courts attention.
c. making a specific sentencing recommendation.
d. all of these are ways prosecutors can influence the sentencing decision.
Research regarding criminal justice policies aimed at reducing domestic violence
indicates that
a. rates of re-arrest are lower among defendants processed in domestic violence courts.
b. mandatory arrest policies are highly effective at reducing intimate-partner violence in
both the short- and long-term.
c. programs for batterers alone may reduce domestic violence.
d. All of these answers are correct
One problem with civil protection orders is that
a. they may be issued by the judge on an emergency basis without the other party
present.
b. it is not at all uncommon for vindictive, angry partners to use orders of protection as
substitutes for eviction orders or as a means to ignore child custody agreements.
c. recent legislative changes in most jurisdictions now make these orders more difficult
to obtain.
d. they are limited to individuals who are able to prove that they have a long history of
abuse.
The largest category of juvenile cases is
a. delinquency.
b. status offenses.
c. children in need of supervision.
d. none of these answers is correct.
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
Which of the following occurs with the imposition of tougher laws?
a. police do not necessarily make more arrests
b. juries are reluctant to convict
c. prosecutors are pressured to plea bargain
d. all of these occur with the imposition of tougher laws
According to the FBI’s Uniform Crime Reports, property crimes outnumber violent
offenses by a ratio of
a. 4 to 1.
b. 8 to 1.
c. 10 to 1.
d. 20 to 1.
In most jurisdictions, it is ____________________ for law enforcement personnel or
juvenile court officials to release the names of juveniles to the media.
Due process advocates and liberals criticize plea bargaining because they fear that
a. the sentences may be too lenient.
b. prosecutors will get lazy.
c. judges will get lazy.
d. defendants are forced to give up constitutional rights.
In County of Riverside v. McLaughlin, which provided for a 48 hour time period
between arrest and a probable cause hearing, Justice O”Connor, writing for the Court,
struck a compromise between which groups of people?
a. the local government in Riverside and the defendant, Donald Lee McLaughlin
b. the rights of individuals and the realties of law enforcement
c. the group represented in this class action and the federal government
d. her fellow justicesJustice Scalia and Justice Kennedy
Justice of the peace courts and municipal courts are similar in which of the following
ways?
a. both have large caseloads
b. both have small caseloads
c. both have urban taxes bases
d. both are lower courts
CASE 5.1
Sixteen times Willie Barker’s murder case was set for trial, and sixteen times it was
continued. At first the defense readily agreed, gambling that Barker’s codefendant
would be found not guilty. Thus, some of the continuances were caused by the six
separate trials before the codefendant was finally convicted. Other continuances were
granted because of the illness of the police investigator. It was not until five years after
arrest that Barker was convicted of murder.
The right to a speedy trial
a. was violated by a five year delay.
b. is a relative, not an absolute, right.
c. was an absolute constitutional mandate.
d. is a right of the prosecution but not the defense.
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 of the following is not a characteristic of the traditional American judge?
a. female
b. upper-middle class background
c. Protestant
d. better educated than the average American
Which of the following is the highest burden of proof?
a. Clear and convincing evidence
b. Preponderance of evidence
c. Probable cause
d. Proof beyond a reasonable doubt
Defense lawyers must counsel their clients on all of the consequences involved in the
case. Which of the following is not a critical issue that defense counsel must do?
a. They must evaluate the strengths and weaknesses of the government’s case.
b. They must assess the probability of success for various legal defenses.
c. They must weigh the likelihood of conviction or acquittal.
d. They must determine which judge will hear the case.
A legal error that requires the lower court’s ruling to be overturned is called a(n)
a. fatal error
b. reversible error
c. primary error
d. consequential error
Questions of law are reviewed
a. de novo c. for clear error
b. for reasonableness d. for abuse of discretion
In what case did the Court hold that a plea of guilty was more than an admission of
guilt and also involved the waiver of important constitutional rights?
a. Boykin v. Alabama.
b. Santobello v. New York.
c. Lafler v. Cooper.
d. Missouri v. Frye.
Which is not one of the phases in the decision making process for a defense attorney,
when assessing the merits of a case and the chance of winning at trial?
a. The defense attorney must assess the offer of a guilty plea, taking into account the
potential costs of delay against the likely outcome at trial.
b. The defense attorney must negotiate the terms of a plea bargain.
c. The defense attorney must communicate with his/her client, who may or may not
accept the plea offer.
d. The defense attorney need not communicate any plea offer to his/her client if the
offer is not a good deal or is unrealistic.
The American Civil Liberties Union outlined three priorities for the juvenile justice
system. What was the first priority?
a. keep children out of the criminal justice system
b. protect the rights of incarcerated children
c. reintegrate juvenile delinquents into communities
d. place troubled youth in mental health facilities
Juvenile courts’ interventions in the lives of children and families was based on the
legal doctrine of
a. res ipsa loquitir.
b. ipse dixit.
c. parens patriae.
d. patriae familiae.
A legal error by a lower court that does not require reversal is called a(n)
a. harmless error
b. moot error
c. frivolous error
d. undisrupted error
The burden of proof required for a victory in a civil case is:
a. preponderance of evidence
b. beyond a reasonable doubt
c. probable cause
d. reasonable suspicion
The legal defense of insanity has its roots in 20th century jurisprudence.
Probation is one alternative to incarceration.
_____________________ Model advocates worry that plea bargaining results in
excessively lenient sentences.
The Wickersham Commission (1931) defined the ____________ as “the inflicting of
pain, physical or mental, to extract confessions or statements.”
Identify and describe three types of programs/initiatives designed to aid victims in
coping with the criminal justice process.
State judicial conduct commissions were first created in ____________________ for
the purpose of disciplining judges.
Judges selected via ____________________ generally react to public opinion.
The appellate court may find that the lower court made legal errors, but may
nonetheless affirm the lower court decision if the mistake was not significant enough to
have had a prejudicial effect on the ultimate outcome of the case.
Plea bargaining did not become well established in the U.S. until the 1960s.
The bailiff is responsible for transporting detained defendants from jail to the
courthouse.
Define, compare, and contrast formal and informal discovery.
The Americans with Disabilities Act applies to the ways in which police officers and
correctional officials interact with people with disabilities.
Once a notice of appeal is filed, the next step in the process is for the appellate court to
hear oral arguments in the case.
Lack of trust in governmental authorities is one reason Latinos often do not report
crimes to the police.
Choose several U.S. Supreme Court decisions that pertain to the right to
court-appointed counsel for indigent defendants and explain the significance of each.
The offender”victim refers to the race of the defendant and the race of the victim.