Deck 7: Courts and Adjudication

Question 1

Prosecutors act independently of the political system.

Answer 1

False

Question 2

All state courts in the United States use a basic three-tiered structure.

Answer 2

True

Question 3

Judges selected based on merit avoid public election.

Answer 3

False

Question 4

The geographic territory over which a court has authority is known as its jurisdiction.

Question 5

Assigned counsel are attorneys employed full-time by the government to provide defense services to those offenders who cannot afford their own attorneys.

Question 6

Trial courts of limited jurisdiction have jurisdiction over all offenses, including felonies and appeals.

Question 7

During the discovery process, a prosecutor can conceal evidence that demonstrates that the defendant is actually innocent.

Question 8

Because trials are so infrequent, defense attorneys' working lives tend to be quite different than the lives of attorneys as portrayed on television.

Question 9

Many judges take large pay cuts to sit on the bench.

Question 10

United States courts use the adversarial process to determine guilt in a criminal court.

Question 11

Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money.

Question 12

Most public defense attorneys become quite wealthy because of the large number of cases they typically handle.

Question 13

Most criminal cases are heard at the federal level.

Question 14

Prosecutors have great influence at virtually every stage of the criminal justice process.

Question 15

Appellate courts do not try criminal cases.

Question 16

The "prosecution complex" occurs when prosecutors view themselves as agents of law enforcement.

Question 17

Most states use the "contract counsel" method of providing attorneys for those who cannot afford their own attorneys.

Question 18

The state's governor appoints most local prosecutors.

Question 19

The United States has a dual court system.

Question 20

In most states, no higher authority can second guess or change the decision of a prosecutor.

Question 21

There are 74 U.S.attorneys, two for every U.S.district court.

Question 22

Trials in the United States pit prosecutor against defense attorney.This is known as the ____________________ system.

A) adversarial
B) inquisitorial
C) civil law
D) authoritarian
E) totalitarian

Question 23

Many other countries use a process where the judge takes an active role in questioning witnesses as well as many other areas of the case.

A) adversarial
B) inquisitorial
C) civil law
D) authoritarian
E) totalitarian

Question 24

Judges are part of the local legal culture.

Question 25

State courts of last resort are usually called:

A) trial courts.
B) misdemeanor courts.
C) trial courts of general jurisdiction.
D) Supreme Courts.
E) trial courts of limited jurisdiction.

Question 26

United States attorneys are appointed by the president and assigned to a U.S.district court jurisdiction.

Question 27

Prosecutors at the state and local levels of government are always appointed.
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Question 28

An assigned counsel is a private sector attorney who works on a contract (for fee) basis.

Question 29

In Missouri v.Frye (2012) the Supreme Court ruled that the right to counsel attaches at the initial hearing before a magistrate when the defendant is informed of the charges and restrictions on liberty are imposed.

Question 30

Scholars often view public defenders as better than assigned counsel because public defenders are full-time government employees who are specialists in criminal law.

Question 31

The three levels of state courts are:

A) appellate, district, and limited jurisdictional.
B) appellate, general jurisdiction, and limited jurisdiction.
C) limited jurisdiction, commercial, and appellate.
D) general jurisdiction, limited jurisdiction, and district.
E) commercial, district, and appellate.

Question 32

The impact of budget cuts on federal public defenders has had only negligible effects.

Question 33

What is the geographic location and/or legal boundaries which determine the range of the court's authority?

A) district
B) county
C) jurisdiction
D) circuit

Question 34

Research findings have indicated that there is little difference in outcomes between private attorneys, public defenders, contract counsel, and assigned counsel.

Question 35

Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that they are paid by the state.

Question 36

Most defense attorneys are experienced and very well paid.

Question 37

A public defender is a private sector attorney who works on a contract (for fee) basis.

Question 38

Values and norms do not affect the functioning of a courtroom.

Question 39

American trial courts are highly decentralized.This means that:

A) the federal government dictates their policies.
B) the state government runs all trial courts.
C) each jurisdiction decides on how to run their courts.
D) judges and their staff do not share offices.
E) different judges hear the guilt portion of the trial than the sentencing portion.

Question 40

In Missouri v.Frye (2012) the Supreme Court ruled that defense attorneys are obligated to inform their clients about plea agreement offers made by the prosecutor.

Question 41

How might public opinion affect a prosecutor's decision to try a certain case?

A) Prosecutors conduct surveys of the community to determine which cases are most important.
B) Most prosecutors are elected, so their decisions should reflect community values.
C) Prosecutors have no discretion to try cases-they must bring every case they receive to court.
D) Prosecutors keep the community happy by having low conviction rates.
E) Public opinion does not affect prosecutorial decision-making.

Question 42

Which of the following is NOT a role of the prosecutor?

A) trial counsel for the police
B) house counsel for the police
C) best defense possible
D) elected official

Question 43

In which role does the judge uphold the rights of the accused in decisions about detention, plea, trial, and sentence?

A) adjudicator
B) administrator
C) negotiator
D) electoral candidate
E) appellate advocate

Question 44

Which of the following most accurately describes the discretion given to a prosecutor?

A) limited discretion
B) no discretion
C) broad discretion
D) relative discretion
E) supervised discretion

Question 45

This type of judgeship selection involves a nominating commission made up of citizens and attorneys and sends the names to the governor for selection.

A) partisan election
B) nonpartisan election
C) appointment
D) merit selection

Question 46

Which of the following is NOT a name given to a prosecuting attorney?

A) district attorney
B) state's attorney
C) commonwealth attorney
D) county attorney
E) public defender

Question 47

Which of the following describes the "prosecution complex"?

A) An offender fears unfair treatment by the prosecutor.
B) A judge sides with the prosecutor in a court decision.
C) A defense attorney comes to believe he or she represents the state.
D) A prosecutor views herself as an instrument of law enforcement.
E) A prosecutor is unable to understand the complexities of the justice system.

Question 48

Which of the following statements concerning the role of a prosecutor is FALSE?

A) A prosecutor has considerable discretion in the criminal justice system.
B) A prosecutor is influenced by other actors in the criminal justice system.
C) A prosecutor has independent authority to decide how to handle each case.
D) A prosecutor has limited influence in the early stages of the criminal justice process.
E) A prosecutor may be heavily involved in local politics.

Question 49

This type of election occurs when a judicial candidate is openly endorsed by a political party.

A) partisan election
B) nonpartisan election
C) appointment
D) selection committee

Question 50

This type of judge is nominated by the president and confirmed by the senate.

A) trial court judge
B) magistrate
C) federal judge
D) federal clerk

Question 51

After deciding that a case should be filed against an offender, the next step of the prosecutor is to determine:

A) whether to seek the death penalty.
B) which charges to file against the offender.
C) whether the defendant has a court-appointed attorney.
D) whether the police used excessive force in apprehending the offender.
E) how the criminal justice system might best serve the offender.

Question 52

Charges are not likely to be brought against offenders when victims:

A) are upstanding members of society.
B) are not credible.
C) want the offender prosecuted.
D) are trustworthy.
E) appear sympathetic to juries.

Question 53

In which role does the judge work to manage his or her employment staff and balance a budget?

A) adjudicator
B) administrator
C) negotiator
D) electoral candidate
E) appellate advocate

Question 54

Which of the following factors increases the power of the prosecutor?

A) Many of their decisions are hidden from public view.
B) They must have a judge sign off on any decision to drop a case.
C) They are dependent upon the defense attorney for witness statements.
D) Jurisdictional boundaries are sometimes confusing.
E) Cases overturned at appeal can be damaging to a prosecutor's career.

Question 55

The process during which the prosecution shares information with the defense is known as:

A) nolle prosequi
B) legal sufficiency.
C) probable cause.
D) discovery.
E) deposition.

Question 56

In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys?

A) adjudicator
B) administrator
C) negotiator
D) electoral candidate
E) appellate advocate

Question 57

Each offense that a prosecutor charges a person with in an indictment is a(n):

A) element.
B) crime.
C) count.
D) charge.

Question 58

Which of the following would NOT be considered a key relationship of the prosecutor?

A) judges
B) community
C) schools
D) victims and witnesses

Question 59

A nolle prosequi is:

A) the decision of the prosecutor to drop a case.
B) the process of determining probable cause.
C) the questioning of a jury in a criminal case.
D) the power of the prosecutor to bring charges.
E) another name for prosecutorial discretion.

Question 60

Which of the following is NOT a responsibility of judges?

A) setting bail
B) issuing search warrants
C) making arrests
D) scheduling hearings
E) accepting guilty pleas

Question 61

The person who represents accused and convicted persons in the criminal justice system is known as the:

A) clerk of courts.
B) state's attorney.
C) defense attorney.
D) judicial attorney.
E) bailiff.

Question 62

The defense attorney's responsibility is not to save the suspect, but to protect his or her:

A) constitutional rights.
B) suspect rights.
C) due process rights.
D) individual rights.

Question 63

The view held by local court officials as to the proper sentence, given the characteristics of the case, is known as the:

A) normative level.
B) going rate.
C) sentencing market.
D) local rate.
E) work group.

Question 64

Which of the following statements is FALSE?

A) Defense attorneys are misunderstood by public and by defendant.
B) Defense attorneys are sometimes inexperienced, overburdened, uncaring, and ineffective.
C) Defense attorneys usually win their cases.
D) Defense attorneys have a great deal of interaction with the prosecutor.
E) Defense attorneys have clients whose lives and problems are depressing.

Question 65

An attorney will sometimes request that the trial date be placed at another date.This is typically called a:

A) going rate.
B) work group.
C) continuance.
D) legal culture.

Question 66

Which of the following groups of private practice lawyers is NOT considered a specialist in criminal defense?

A) nationally known defense attorneys who charge high fees.
B) lawyers of choice for defendants who can afford to pay high fees.
C) lawyers who lack training and experience.
D) courthouse regulars who accept many cases for small fees
E) ​none of the above.

Question 67

These individuals are the leaders of the courtroom team.

A) prosecutors
B) defense attorneys
C) judges
D) clerks
E) bailiffs

Question 68

This type of private attorney is paid by the government with jurisdiction over the case to represent indigent defendants.

A) public defender
B) assigned counsel
C) contract attorney
D) legal aid attorney

Question 69

Which of the following individuals would NOT be considered part of the local legal culture?

A) bailiff
B) judge
C) attorney
D) clerks
E) criminal defendant

Question 70

Which of the following statements does NOT accurately describe the influence of the prosecutor?

A) Prosecutors have little influence and are bound by statutory limits.
B) Prosecutors are involved throughout most of the criminal justice process.
C) Prosecutors are linked to other actors in criminal justice system.
D) Prosecutors often times have to make tough or lenient recommendations.
E) None of the above.

Question 71

A recent survey revealed that which of the following systems of defense representation is most common in the 100 most populous counties in the United States?

A) public defender
B) assigned counsel
C) contract counsel
D) legal aid attorney
E) appellate defender

Question 72

In which case did the Supreme Court rule that the right to counsel attaches at the initial hearing before a magistrate when the defendant is informed of the charges and restrictions on liberty are imposed?

A) Missouri v.Frye
B) Strickland v.Washington
C) Rothgery v.Gillespie County, Texas
D) Ross v.Moffitt

Question 73

The values and norms shared by members of a particular court community about how cases should be handled and the way court officials should behave is called the:

A) workgroup culture.
B) brethren.
C) grouping culture.
D) local legal culture.
E) docket culture.

Question 74

Which of the following refers to a situation where an attorney is employed on a full-time, salaried basis by the government to represent indigents?

A) public defender
B) assigned counsel
C) contract counsel
D) legal aid attorney
E) appellate defender

Question 75

In which of the following systems does a court administrator oversee the appointment of counsel?

A) an ad hoc assignment system
B) an ad hoc contract system
C) a coordinated contract system
D) a coordinated assignment system
E) a public defender system

Question 76

What is the process of events from the arrest of a suspect to the filing of formal charges with the court?

A) criminal justice
B) accusatory
C) dual court
D) due process

Question 77

In which case did the Supreme Court rule that defense attorneys are obligated to inform their clients about plea agreement offers made by the prosecutor?

A) Missouri v.Frye
B) Strickland v.Washington
C) Rothgery v.Gillespie County, Texas
D) Ross v.Moffitt

Question 78

The official responsible for the prosecution of crimes that violate the laws of the United States is the:

A) district attorney.
B) state's attorney.
C) commonwealth attorney.
D) county attorney.
E) U.S.attorney.

Question 79

Individuals who are too poor and do not have enough resources to pay for attorneys are considered:

A) poverty bound.
B) indigent.
C) inadequate.
D) emaciated.

Question 80

Which of the following statements about public defenders is TRUE?

A) They represent the state against criminal defendants.
B) They easily gain the trust of their clients.
C) They often face a heavy caseload.
D) Their interests are purely financial.
E) None of these; all of the statements given are false.