Deck 9: Courts and Pretrial Processes

Question 1

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

Answer 1

False

Question 2

The occupation of "bail bondsman" is a job unique to the United States.

Answer 2

True

Question 3

State courts have huge caseloads.

Answer 3

True

Question 4

Most criminal cases are heard at the federal level.

Question 5

The fragmented structure of state courts is the biggest barrier to effective justice.

Question 6

It is impossible for a poor person to become a judge.

Question 7

The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause.

Question 8

Judges selected based on merit must eventually face public election.

Question 9

The American legal system is based on a passive judge and jury seeking to find the truth as attorneys for each side argue vigorously.

Question 10

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

Question 11

Most felony cases are disposed of by dismissals.

Question 12

Both prosecutors and defense attorneys can bring pretrial motions in court proceedings.

Question 13

Appellate courts do not try criminal cases.

Question 14

After a suspect is arrested, he or she can be deprived of freedom, even if a finding of guilty is unlikely.

Question 15

Very few efforts have been made to reform state courts in the twentieth century.

Question 16

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

Question 17

The geographic territory that defines a court's authority is called jurisdiction.

Question 18

At the heart of reform of state courts is the goal of making the process more complex.

Question 19

The United States has a dual court system.

Question 20

Judges have a variety of roles within the judicial system.

Question 21

According to the figure, why is Georgia considered to have an "unreformed" court structure?

A)It has neither reduced the number of courts nor standardized their names.
B)It has fewer trial courts of limited jurisdiction than does Alaska.
C)It uses a nonstandard name for the appellate courts.
D)It uses a nonstandard name for the trial courts of general jurisdiction.

Question 22

Which is not a goal of a unified court system?

A)Eliminating overlapping boundaries
B)Creating a hierarchical court structure
C)Having courts funded by local government
D)Creating a centralized court structure

Question 23

Under the 10 percent cash bail system, once the individual appears in court, they will receive 10% of the money back.

Question 24

If an individual cannot make bail, they will be forced to remain in jail until their case is resolved.

Question 25

The purpose of drug courts is to divert substance abusers away from incarceration.

Question 26

Pretrial detention can be a very troubling experience for the defendant.

Question 27

Nonpartisan selection allows the public to choose a judge from a list of candidates.

Question 28

The use of bondsmen is a fairly rare occurrence and becoming rarer.

Question 29

The Eighth Amendment to the U.S. Constitution forbids the use of excessive bail.

Question 30

Which correctly lists the three levels of state courts?

A)Appellate, district, limited jurisdictional
B)Appellate, general jurisdiction, limited jurisdiction
C)Limited jurisdiction, commercial, appellate
D)General jurisdiction, limited jurisdiction, district

Question 31

U.S. district courts exist

A)in only the 10 largest states.
B)to handle all criminal cases that arise in the country.
C)to share appellate responsibilities with state supreme courts.
D)to handle trial-level federal cases.

Question 32

Which types of cases are heard in federal courts?

A)Only criminal cases
B)Only civil cases
C)Both criminal and civil cases
D)Only murder cases

Question 33

According to the diagram, which two courts can appeal directly to the Supreme Court of the United States?

A)District courts and courts of limited jurisdiction
B)Circuit courts of appeals and trial courts of general jurisdiction
C)Circuit courts of appeals and appellate courts of last resort
D)Intermediate courts of appeals and district courts

Question 34

Judges spend significant time as negotiators while working with prosecutors and defense attorneys regarding plea bargaining.

Question 35

The bail bondsperson is a nonprofit actor within the criminal justice system.

Question 36

Most felony cases take a year or more to adjudicate.

Question 37

If the offense is punishable by life imprisonment or death then bail will be denied.

Question 38

Bail is typically determined within 3 hours after the arrest.

Question 39

The prosecution will use the pretrial time period to introduce motions for lack of evidence or violation of rights.

Question 40

The bail system discriminates against poor people.

Question 41

Which statement best reflects valid criticism of the use of preventive detention?

A)It always violates the offender's First Amendment rights.
B)It is always used unfairly, particularly for female offenders.
C)It is unfair to incarcerate someone when we assume all offenders are innocent until proven guilty.
D)The financial costs should not be considered.

Question 42

A court-appointed special advocate is someone who

A)serves jury duty.
B)acts as a judge in special courts.
C)has no official legal training.
D)must complete law school before serving.

Question 43

Which statement is true regarding working as a judge?

A)Judges usually have very low caseloads.
B)The typical judge is a white female.
C)All judges must have doctoral degrees to sit on the bench.
D)Judges are usually able to set their own schedules and work hours.

Question 44

In the United States, the judicial system operates according to a(n)_______ system of justice.

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

Question 45

Which is not a responsibility performed by judges?

A)Setting bail
B)Issuing search warrants
C)Making arrests
D)Scheduling hearings

Question 46

Most felony arrests are decided by a

A)dismissal.
B)rejection at screening.
C)guilty plea.
D)conviction at jury trial.

Question 47

According to Cole and Smith, what is the biggest barrier to effective justice for state courts?

A)Lack of qualified judges
B)Too few courthouses
C)Not enough police officers
D)The fragmented structure of the judicial system

Question 48

Which is true about the bail system?

A)Bail is sometimes set before the defendant has an attorney.
B)Bail bondspersons cannot deny bail to defendants if they can pay at least 10% of the entire bail amount.
C)Police officers are never allowed to influence the bail decision.
D)Bail bondspersons are nonprofit employees of the state.

Question 49

Which statements best describes the method of judicial "nonpartisan election"?

A)Judges are appointed by the governor.
B)Judges are selected by the legislator.
C)Judges are first appointed by a commission, then voters approve the appointment later.
D)Judges run for election and are not endorsed by political parties.

Question 50

In 1984, Congress passed the Bail Reform Act, which authorized the use of

A)citations.
B)10% cash bail.
C)release on recognizance.
D)preventive detention.

Question 51

Why would a local court want to implement a centralized court administration?

A)It would avoid problems with jurisdiction.
B)It would reduce caseloads.
C)It would prevent the political party in power from using those positions as "rewards."
D)It would help to eliminate gender and racial bias in hiring.

Question 52

Which is the most likely to occur when a judge assumes the bench?

A)Will base decisions on factors other than the law
B)Will take a pay cut in order to assume a position on the bench
C)Will make more money than the highest-paid private attorneys
D)Will go straight from law school directly into a judging career

Question 53

Which of the following principles should be used to make bail decisions?

A)Accused offenders are entitled to release on their own recognizance.
B)Nonfinancial alternatives to bail should be avoided at all costs.
C)Reasons for bail decisions must not be made known to the parties involved.
D)Review of bail determinations can be made sporadically.

Question 54

The court appearance of an accused person at which the charges are read is called a(n)

A)probable cause hearing.
B)arraignment.
C)grand jury hearing .
D)reasonable doubt appearance.

Question 55

What is the main purpose of drug courts?

A)To mete out harsh punishments to drug offenders
B)To teach children about the dangers of drug use
C)To bring "drug kingpins" to trial
D)To help drug offenders overcome their addictions

Question 56

The criterion for deciding whether evidence is strong enough to uphold an arrest is called

A)probable cause.
B)proof beyond a reasonable doubt.
C)preponderance of the evidence.
D)reasonable doubt.

Question 57

The practice by which judges grant releases if the defendant is employed and has roots in the community is called

A)citation release.
B)preventive detention.
C)release on recognizance.
D)preventive assumption.

Question 58

An application to a court requesting that an order be issued to bring about a specified action is called a

A)dismissal.
B)rejection at screening
C)guilty plea.
D)motion.

Question 59

Which of the following is not a factor in how the judge determines a amount of the bail?

A)Seriousness of the crime
B)Defendant's prior record
C)Defendant's family responsibilities
D)Admissibility of evidence gathered by the police

Question 60

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

Question 61

Katie has been charged with armed robbery.  The judge has set her bail at $250,000.  She is currently in jail awaiting a family member to raise her bail.  This is Katie's first offense.  She claims that she was forced to commit the crime because she could not pay her rent.
Katie's family most likely would have to consult a _________ in order to post her bond.

A)bond hearing
B)bail bondsman
C)bail enforcer
D)bond guard

Question 62

In the case of United States v. Salerno and Cafero (1987), the Supreme Court decided that the use of preventive detention

A)is constitutional.
B)violates offenders' constitutional rights.
C)is detrimental to offenders at trial.
D)is racially biased.

Question 63

___________ is designed to remove politics from the selection of judges and to allow the voters to unseat judges.

A)Partisan election
B)Merit selection
C)Nonpartisan election
D)Community endorsement

Question 64

What has been referred to as the "ultimate ghetto"?

A)American prisons
B)American jails
C)American courtrooms
D)American police departments

Question 65

Trial courts of _________ jurisdiction are criminal courts with jurisdiction over all offenses, including felonies.

A)general
B)limited
C)appellate
D)specific

Question 66

Brady has just been charged with murder in the first degree.  His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail.  His attorney believes the prosecutor and judge will agree to a 20-year sentence through a plea bargain, which will eliminate the chance of a life sentence. Brady will await his trial or plea agreement in jail.  Which is a characteristic of those he is serving time with?

A)They are s erving a sentence of more than one year.
B)Fellow inmates have not been offered bail.
C)They have all been sentenced.
D)Waiting trial at a federal court.

Question 67

Katie has been charged with armed robbery.  The judge has set her bail at $250,000.  She is currently in jail awaiting a family member to raise her bail.  This is Katie's first offense.  She claims that she was forced to commit the crime because she could not pay her rent.
Katie's lawyer files a request to suppress certain details of Katie's alleged involvement in the robbery.  The lawyer's request came in the form of a

A)bench statement
B)motion
C)hearing
D)disposition

Question 68

Judge Brown has been a superior court judge for the past seven years.  He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified.  Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets.  Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution.  The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown is up for reelection.  His political affiliation is not listed on the ballot; therefore, he is running in a(n)_________ election.

A)partisan
B)adversarial
C)nonpartisan
D)inquisitorial

Question 69

Katie has been charged with armed robbery.  The judge has set her bail at $250,000.  She is currently in jail awaiting a family member to raise her bail.  This is Katie's first offense.  She claims that she was forced to commit the crime because she could not pay her rent.
Until Katie's family raises her bail, she will remain 

A)in prison.
B)in jail.
C)on probation.
D)on parole

Question 70

Brady has just been charged with murder in the first degree.  His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail.  His attorney believes the prosecutor and judge will agree to a 20-year sentence through a plea bargain, which will eliminate the chance of a life sentence. Brady will not be released on bail and will await his trial

A)on house arrest.
B)on preventive detention.
C)on parole.
D)in prison.

Question 71

Judge Brown has been a superior court judge for the past seven years.  He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified.  Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets.  Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution.  The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown spends significant time trying to work out plea agreements between prosecutors and defense attorneys.  In this capacity, he works as a(n)

A)administrator.
B)negotiator.
C)adjudicator.
D)reconciler.

Question 72

Katie has been charged with armed robbery.  The judge has set her bail at $250,000.  She is currently in jail awaiting a family member to raise her bail.  This is Katie's first offense.  She claims that she was forced to commit the crime because she could not pay her rent.
Katie was charged with armed robbery at which point during the pretrial process?

A)Arrest
B)Booking
C)Arraignment
D)Disposition

Question 73

__________ had fewer opportunities to enter the legal profession prior to the 1960s and thus were seldom considered for judgeships.

A)Women
B)Men
C)The elderly
D)College-educated men and women

Question 74

Judge Brown has been a superior court judge for the past seven years.  He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified.  Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets.  Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution.  The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown states that he spends significant hours organizing schedules and budgets.  When this occurs, he is assuming the duties of a(n)

A)administrator.
B)negotiator.
C)adjudicator.
D)reconciler.

Question 75

Katie has been charged with armed robbery.  The judge has set her bail at $250,000.  She is currently in jail awaiting a family member to raise her bail.  This is Katie's first offense.  She claims that she was forced to commit the crime because she could not pay her rent.
The judge in Katie's case determined her bail amount based on

A)cash bonds.
B)bail funds.
C)detention guidelines.
D)bail guidelines.

Question 76

As __________, all judges must deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy.

A)negotiators
B)adjudicators
C)administrators
D)enforcers

Question 77

Preliminary hearings provide an opportunity for defense attorneys to challenge the prosecution's evidence and make ________ to the court requesting that an order be issued to bring about a specified action.

A)objections
B)rulings
C)motions
D)sentences

Question 78

Judge Brown has been a superior court judge for the past seven years.  He was the first one in his family to graduate college. He is running for reelection without his political affiliation being identified.  Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets.  Instead of trying cases, he feels that he just works out agreements with the defense and the prosecution.  The way he sees it, at least a guilty plea acknowledges he is putting defendants away. Judge Brown is a judge in superior court.  He hears only cases that deal with felonies; therefore, he works in a trial court of ________  jurisdiction.

A)limited
B)general
C)appellate
D)district

Question 79

Which is not a solution to create a united court system?

A)Eliminating overlapping and conflicting jurisdictional boundaries
B)Creating a hierarchical and centralized court structure with a chief justice
C)Having the courts funded by state government
D)Joining both civil and criminal courts together

Question 80

The amount of ________ is based mainly on the judge's view of the seriousness of the crime and of the defendant's record.

A)bail
B)court dates
C)appearances
D)fines