Deck 7: Courts and Adjudication

Question 1

Trial counsel for the police is considered one of the functions performed by prosecutors.

Answer 1

True

Question 2

Representative of the court is a function filled by the judge and not the prosecutor.

Answer 2

False

Question 3

Judges selected based on merit avoid public election.

Answer 3

False

Question 4

The entry made by the prosecutor which signals that the charges are dismissed is called nolle prosequi .

Question 5

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

Question 6

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

Question 7

Each separate offense of which a person is accused in an indictment or an information is called a count.

Question 8

Each state has an elected state attorney general, who usually has the power to bring prosecutions in certain cases.

Question 9

One role of judges is that of adjudicator.

Question 10

The United States has a dual court system.

Question 11

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

Question 12

Appellate courts do not try criminal cases.

Question 13

​ More than any other person in the system, the judge is expected to embody justice.

Question 14

Lower-level local courts dedicated to addressing particular social problems or troubled populations are referred to as social-engineering courts.

Question 15

Trial courts of general jurisdiction handle mostly misdemeanors and lawsuits for small amounts of money, though some felony cases may be heard as well.

Question 16

The state's governor appoints most local prosecutors.

Question 17

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

Question 18

A non-partisan election is a reform plan by which judges are nominated by a committee and appointed by the governor for a given length of time .

Question 19

A partisan election is one in which candidates openly affiliated with political parties are presented to voters for selection.

Question 20

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

Question 21

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

Question 22

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

Question 23

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

Question 24

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.  This is referred to as a(n)______ system.

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

Question 25

Prosecutors interact with victims, witnesses and the community when assessing whether to prosecute.

Question 26

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

Question 27

Most defense attorneys  are experienced and very well paid.

Question 28

The Supreme Court has ruled that indigent defendants, those who are too poor to afford their own lawyers, must defend themselves.

Question 29

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 30

Judges are part of the local legal culture.

Question 31

For many public defense attorneys, a large proportion of their cases involves representing a poorer clientele.

Question 32

Trials in the United States pit prosecutor against defense attorney , in a system referred to as  the  ______________ system.

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

Question 33

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

Question 34

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

Question 35

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

Question 36

The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court is called the accusatory process.

Question 37

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

Question 38

In most cases, clients would acquire a defense attorney prior to be being accused of a crime.

Question 39

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 40

The lawyer who represents accused offenders and convicted offenders in their dealings with the criminal justice system is called the defense attorney.

Question 41

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
E) ​M erit selection

Question 42

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 43

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 44

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
E) ​Regional

Question 45

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 46

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 47

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 48

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 49

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 50

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 51

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 52

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
E) ​C ivil court judge

Question 53

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

A) Adjudicator
B) Administrator
C) Negotiator
D) Electoral candidate
E) Appellate advocate

Question 54

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 55

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 56

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

A) Trial counsel for the police
B) House counsel for the police
C) Counsel for the court
D) Elected official
E) Representative of the court

Question 57

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 58

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 59

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
E) ​M unicipal election

Question 60

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

A) element.
B) crime.
C) count.
D) charge.
E) ​offense.

Question 61

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 62

​ In _______, the Supreme Court ruled that indigents facing the death penalty who are not capable of representing themselves must be provided counsel. ​

A) Powell v. Alabama
B) Strickland v. Washington
C) Rothgery v. Gillespie County, Texas
D) Ross v. Moffitt
E) ​ Miranda v. Arizona

Question 63

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) Most prosecutors are elected, so their decisions should reflect community values.

Question 64

Which of the following is not included as one of the prosecuting attorney's key relationships?

A) Police
B) Victims and witnesses
C) Judges and court
D) Community
E) Public defender

Question 65

Which does not characterize t he environment of a criminal defense practice?

A) Clients whose lives and problems are depressing.
B) Poor pay.
C) Uninteresting cases.
D) Usually on the losing side.
E) Cases that often catapult  an attorney to national prominence ​.

Question 66

Which of the following is not a method by which indigents receive legal defense?

A) Public defender
B) Assigned counsel
C) Contract attorney
D) Legal aid attorney
E) ​Pro bono

Question 67

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 68

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

A) A public defender
B) An assigned counsel
C) A contract attorney
D) A legal aid attorney
E) ​Retained counsel

Question 69

Which of the following describes "community prosecution"?

A) The decision to charge a suspect is determined by community standards, not the prosecutor.
B) The community takes over the role of the judge in making court-related decisions.
C) A public defender is assigned to certain neighborhoods to better prevent prosecutorial misconduct.
D) Law enforcement becomes the responsibility of the local neighborhood watch organizations.
E) An assistant prosecutor is assigned to certain neighborhoods to better understand its needs and character.

Question 70

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 71

In _______ 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
E) ​Miranda v. Arizona

Question 72

Which of the following is not a lawyer who works in the private sector but provides legal aid to indigents?

A) Public defender
B) Assigned counsel
C) Contract attorney
D) Private practice attorney
E) Corporate lawyers

Question 73

The defense attorney's responsibility is not to save the suspect, but to protect his/her _____ rights.

A) constitutional
B) suspect
C) due process
D) individual
E) ​private property

Question 74

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) prosecutor .

Question 75

The process of events from the arrest of a suspect to the filing of formal charges with the court is called the _________ process.

A) criminal justice
B) accusatory
C) dual court
D) adversarial
E) ​judicial

Question 76

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 77

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.
E) ​indentured.

Question 78

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
E) ​Miranda v. Arizona

Question 79

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 80

Which of the following statements is false?

A) Defense attorneys are misunderstood by the public and by the 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.