Deck 2: Organization of the Criminal Justice System

Question 1

Appellate courts are primarily fact-finding bodies.

Answer 1

False

Question 2

All appellate courts are federal courts.

Answer 2

False

Question 3

The Federal Bureau of Investigation is housed within the U.S. Department of Justice.

Answer 3

True

Question 4

Each state has its own independent judicial system.

Question 5

Law enforcement agencies are the "gatekeepers" of the criminal justice system.

Question 6

Crimes committed by persons in military service are ordinarily prosecuted in proceedings before courts-martial.

Question 7

According to the authors, state courts handle more than 90% of the criminal prosecutions in the United States.

Question 8

Because the federal government and the government of each state enacts its own criminal laws and has its own system of courts to interpret those laws, there are significant variations across the states and between the state and federal systems.

Question 9

In all criminal prosecutions except for petty offenses, indigent defendants are entitled to government-furnished counsel, usually a public defender.

Question 10

Under our system of federalism, the national government and each of the fifty states operates its own system of criminal justice.

Question 11

Unlike their medieval forebears, modern law enforcement agencies are largely unconstrained by laws and professional norms.

Question 12

The intermediate appellate courts in the federal judicial system are the United States District Courts.

Question 13

Grand juries are like trial juries; they determine guilt or innocence, but only in federal criminal cases.

Question 14

Appellate courts correct errors made at the trial level and, where it becomes necessary, fill in the gaps of the statutory law by exercising a lawmaking function.

Question 15

Only those persons accused of felonies have a constitutional right to retain lawyers for their defense.

Question 16

According to the authors, in the modern era the legislative powers of Congress have been exercised and interpreted quite broadly.

Question 17

Prosecutors have broad discretion in determining whether to file charges and, if so, what charges to file.

Question 18

Assistant U.S. Attorneys are appointed by the President, subject to the consent of the Senate.

Question 19

State legislatures have very narrow powers to enact laws to further the public safety, order, health, and welfare.

Question 20

At the national level, the ____________ is the primary agency empowered to investigate violations of federal criminal laws.

A) Federal Bureau of Investigation
B) Bureau of Alcohol, Tobacco and Firearms
C) Secret Service
D) Immigration and Naturalization Service

Question 21

In determining the meaning of the statutory term "_________," a court would ordinarily look to the common law, which defined the term to mean "an enclosed space surrounding a dwelling."

A) domicile
B) homestead
C) cartilage
D) residence

Question 22

The Constitution provides: "The judicial Power … shall be vested in one Supreme Court, and in such inferior Courts as the _______________ may from time to time ordain and establish."

A) Supreme Court
B) President
C) Congress
D) Attorney General

Question 23

Pretrial proceedings in the federal district courts and trials of federal misdemeanors are often handled by ____________ who are appointed by federal district judges.

A) magistrate judges
B) referees
C) special masters
D) barristers

Question 24

The official who heads the U.S. Department of Justice is the ______________.

A) Barrister General
B) Attorney General
C) Solicitor General
D) Minister of Justice

Question 25

When state legislatures adopt statutes, they are published in volumes known as __________.

A) reporters
B) session laws
C) syllabi
D) digests

Question 26

The most popular compilation of the federal law used by lawyers, judges, and criminal justice professionals is the __________________.

A) Federal Register
B) Code of Federal Regulations
C) U.S. Code Annotated
D) Compendium of Federal Legislation

Question 27

Because legislative bodies have enacted vast numbers of laws defining offenses that are ________, statutory interpretation assumes an importance largely unknown to the English common law.

A) exogenous
B) esoteric
C) lex non scripta
D) mala prohibita

Question 28

The federal government and each of the fifty state governments maintain their own system of courts. These systems include both trial courts and _________ courts.

A) surrogate
B) appellate
C) superior
D) legislative

Question 29

Defense attorneys perform all of the following functions except __________________.

A) courtroom advocacy
B) plea negotiation
C) testifying on behalf of clients
D) protecting defendants' rights

Question 30

Federal statutes are published in the ________________, an annual publication dating from 1789 in which federal statutes are arranged in order of their adoption.

A) Federal Register
B) Code of Federal Regulations
C) Supreme Court Reporter
D) United States Statutes at Large

Question 31

Convictions rendered by courts-martial may be reviewed by ________________.

A) state trial courts
B) the state supreme courts
C) the Joint Chiefs of Staff
D) none of these

Question 32

The most frequent maxim applied by courts in determining legislative intent is the ______ rule.

A) original package
B) plain meaning
C) nolle prosequi
D) unit

Question 33

Crimes committed by persons who are _______ are ordinarily prosecuted before courts-martial.

A) on Indian reservations
B) on federal reservations
C) in the federal civil service
D) in the military services

Question 34

The Supreme Court has jurisdiction to review, either on appeal or by writ of _________ all the decisions of the lower federal courts and many decisions of the highest state courts.

A) mandamus
B) attainder
C) certiorari
D) prohibition

Question 35

Congress's legislative power may be divided into two broad categories: enumerated and _______ powers.

A) concurrent
B) inherent
C) plenary
D) implied

Question 36

In ___________ (1963), the U.S. Supreme Court greatly expanded the right to counsel by requiring states to provide attorneys to indigent defendants charged with felonies.

A) Mapp v. Ohio
B) Miranda v. Arizona
C) Gideon v. Wainwright
D) Murphy v. Waterfront Commission

Question 37

The United States ___________ Courts are the major trial courts in the federal judiciary.

A) Circuit
B) Superior
C) Supreme
D) District

Question 38

Only under conditions of _________ do military tribunals have the authority to try civilians.

A) war
B) emergency
C) martial law
D) none of these

Question 39

In addition to the FBI, federal law enforcement agencies include the _______________.

A) Bureau of Alcohol, Tobacco and Firearms
B) the Bureau of Indian Affairs
C) the Customs Service
D) all of these

Question 40

Because statutes are necessarily written in general language, legislation often requires judicial _____________.

A) extrapolation
B) interpretation
C) modification
D) specification

Question 41

Completion:
Special treatment of juvenile offenders has been justified by the concept of ________, the power of the state to act to protect the interests of those who cannot protect themselves.

Question 42

Corrections systems include ______________________.

A) agencies that supervise probation and parole
B) public defender offices
C) the criminal courts
D) none of these

Question 43

Decisions of courts-martial are reviewed by military courts of review in each branch of the armed forces and in certain instances appeals are heard by the United States ____________.

A) Court of International Justice
B) Court of Appeals for the Federal Circuit
C) Claims Court
D) Court of Appeals for the Armed Forces

Question 44

Completion:
Criminal punishment is limited by the _______ Amendment's prohibition of cruel and unusual punishments.

Question 45

Completion:
Trial courts conduct criminal trials and various pretrial and post-trial proceedings, while _______ hear legal challenges to the decisions of the trial courts.

Question 46

In McKeiver v. Pennsylvania (1971), the Supreme Court refused to extend the right to ___________ to juvenile proceedings.

A) counsel
B) speedy and public trial
C) trial by jury
D) cross-examination

Question 47

Completion:
The U.S. Supreme Court has jurisdiction to review, either on appeal or by writ of ___________, the decisions of the lower federal courts and many of the decisions of the highest state courts.

Question 48

Completion:
State legislatures define offenses and set punishments for their states and authorize local governing bodies to enact ____________ defining minor offenses and setting penalties.

Question 49

Completion:
The U.S. Supreme Court is composed of nine justices who are appointed for life by the President with the consent of the ________.

Question 50

Completion:
The principal trial court in the federal system is the ______________.

Question 51

Completion:
In addition to the regular federal prosecutors, Congress has provided for the appointment of ______________ in cases involving alleged misconduct by high government officials.

Question 52

Completion:
At the national level the _________________ hear routine appeals from decisions of the district courts.

Question 53

Completion:
Congress's legislative powers are restricted to constitutionally enumerated and __________ powers.

Question 54

Completion:
American courts adhere to the doctrine of following precedent, which is known as ________.

Question 55

Completion:
A court must have ________________, over both the subject matter of a case and the parties to a case, before it may proceed to adjudicate that controversy.

Question 56

Completion:
Courts-martial may try all offenses committed by military service persons in violation of the _____________________________.

Question 57

Completion:
Defense attorneys assist persons charged with crimes and represent them at trial when they plead ___________.

Question 58

Completion:
The _______________ is the oldest unit of federal law enforcement, dating back to 1790.

Question 59

The abuses that came to be associated with juvenile courts were addressed by the Supreme Court in the landmark case of ______________.

A) In re Gault (1967)
B) Gideon v. Wainwright (1963)
C) Ex Parte Hull (1979)
D) Mapp v. Ohio (1961)

Question 60

Completion:
At the federal level and in many states, grand juries review evidence of criminal activity and determine whether to hand down an ________________ or presentment.

Question 61

Completion:
Today, the focus of criminal punishment is on ______________ to prevent commission of further crimes rather than the rehabilitation of offenders.

Question 62

Completion:
The _________ justice system includes specialized courts, law enforcement agencies, social services agencies, and corrections facilities that deal with delinquency as well as child neglect and abuse.

Question 63

Completion:
In his dissenting opinion, Justice Thomas argued for a __________ interpretation of the Necessary and Proper Clause.

A) narrow
B) liberal
C) broad
D) novel

Question 64

In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law.
The Supreme Court held that states cannot:

A) make illegal entry into the country a state offense
B) ban undocumented immigrants from working in the state
C) allow warrantless arrests of those suspected of deportable offenses
D) all of these

Question 65

In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law.
The Supreme Court ruled that authority over immigration belongs:

A) solely to the federal government
B) solely to the state governments
C) to both to the state and federal governments
D) to neither the state nor the federal governments

Question 66

Completion:
The law being reviewed by the Supreme Court was a:

A) procedural rule
B) state law
C) local ordinance
D) federal statute

Question 67

Completion:
In this case, the lower federal courts took a __________ view of Congress' legislative powers.

A) broad
B) restrictive
C) novel
D) liberal

Question 68

Completion:
In this case, the Supreme Court exercised the power of:

A) stare decisis
B) habeas corpus
C) judicial review
D) mandamus

Question 69

Completion:
The constitutional clause at issue in this case is found in _______________ of the Constitution.

A) Article II, Section 1
B) the Tenth Amendment
C) Article IV
D) Article I, Section 8

Question 70

In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law.
Which basic constitutional principle is involved in this case?

A) checks and balances
B) separation of powers
C) due process of law
D) federalism

Question 71

In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law.
The most controversial provision of the Arizona law:

A) made illegal entry into the country a state offense
B) required police to verify immigration status of suspected illegal immigrants
C) allow warrantless arrests of those suspected of deportable offenses
D) banned undocumented immigrants from working in the state

Question 72

Completion:
Military tribunals are empowered to try any offense by military personnel under the ____________________________.

Question 73

In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law.
Congress might have the power to enact a similar law using its:

A) police power
B) power to regulate interstate commerce
C) enumerated power over immigration
D) inherent powers

Question 74

Completion:
The military has an appellate system consisting of courts of review and a civilian court named the _________________________________.