Deck 5: The Courts a Quest for Justice During the Pretrial Process

Question 1

The U.S. Supreme Court held that federal criminal procedure rules regarding discovery do not require release of documents needed to make a selective prosecution claim in:

A)U.S. v. Armstrong et al. (1996).
B)Bordenkircher v. Haye (1978)
C)United States v. Salerno (1987).
D)Strickland v. Washington (1984).

Answer 1

A

Question 2

The second bail reform movement occurred during the:

A)1950s.
B)1960s.
C)1970s.
D)1980s.

Answer 2

C

Question 3

The U.S. Supreme Court held that the decision to prosecute may not be deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification in:

A)Argersinger v. Hamlin (1972).
B)Strickland v. Washington (1984).
C)Norris v. State of Alabama (1935).
D)Bordenkircher v. Haye (1978).

Answer 3

D

Question 4

The strongest predictor of the outcome of a bail decision is:

A)the defendant's economic status.
B)the seriousness of the offense.
C)the defendant's race.
D)the prosecutor's recommendation.

Question 5

In 1951 there were only _ public defender organizations in the US.

A)2
B)25
C)7
D)35

Question 6

The __________ found that the majority of defendants released on their own recognizance did appear for trial.

A)Congressional Bail Commission
B)Manhattan Bail Project
C)American Civil Liberties Union
D)Kerner Commission

Question 7

The first bail reform movement occurred during the:

A)1950s.
B)1960s.
C)1970s.
D)1980s.

Question 8

The U.S. Supreme Court applied the right to counsel at all critical stages in the criminal justice process, not just at trial, in:

A)Gideon v. Wainwright (1963).
B)Johnson v. Zerbst (1938).
C)Powell v. Alabama (1932).
D)Mempa v. Rhay (1967).

Question 9

The U.S. Supreme Court barred imprisonment of a person for any offense unless they are represented by counsel in:

A)Argersinger v. Hamlin (1972).
B)Strickland v. Washington (1984).
C)Norris v. State of Alabama (1935).
D)Bordenkircher v. Haye (1978).

Question 10

The U.S. Supreme Court held that defendants are entitled to effective assistance of counsel in 1984, but this was later revisited in the 2002 case of:

A)Argersinger v. Hamlin .
B)Williams v. Taylor .
C)Norris v. State of Alabama .
D)Bordenkircher v. Haye .

Question 11

The U.S. Supreme Court held that due process of law required appointment of counsel for young, inexperienced, illiterate, and indigent defendants in capital cases in:

A)Gideon v. Wainwright (1963).
B)Johnson v. Zerbst (1938).
C)Powell v. Alabama (1932).
D)Mempa v. Rhay (1967).

Question 12

The odds of pretrial detention for__________ males were twice those for white males, and the differences between these males and either African-American females or white females were even larger.

A)White
B)Asian
C)African-American
D)Indian

Question 13

In 1984, the Supreme Court articulated constitutional standards for determining whether a defendant had ineffective assistance of counsel in the case of:

A)Argersinger v. Hamlin (1972).
B)Strickland v. Washington (1984).
C)Norris v. State of Alabama (1935).
D)Bordenkircher v. Haye (1978).

Question 14

The right to counsel in all criminal prosecutions is established in the __________ Amendment to the U.S. Constitution.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 15

The emphasis of bail reform efforts in the 1960s was:

A)fair treatment of poor defendant's.
B)reduction of pretrial detention.
C)reduction of racial/ethnic bias.
D)preventive detention.

Question 16

The U.S. Supreme Court extended to the states the requirement to appoint for all indigent defendants in:

A)Gideon v. Wainwright (1963).
B)Johnson v. Zerbst (1938).
C)Powell v. Alabama (1932).
D)Mempa v. Rhay (1967).

Question 17

Repeated studies consistently show that pretrial detention has __________ on other case processing decisions.

A)no discernable effect
B)"spillover" effects
C)only slight effect
D)pronounced effects

Question 18

The U.S. Supreme Court required the appointment of counsel for all indigent defendants in federal criminal cases in:

A)Gideon v. Wainwright (1963).
B)Johnson v. Zerbst (1938).
C)Powell v. Alabama (1932).
D)Mempa v. Rhay (1967).

Question 19

The emphasis of bail reform efforts in the 1970s was:

A)fair treatment of poor defendant's.
B)reduction of pretrial detention.
C)reduction of racial/ethnic bias.
D)preventive detention.

Question 20

In most states, __________ felony cases are dismissed by the prosecutor prior to a determination of guilt or innocence.

A)from one-third to one-half of all
B)almost no
C)very few
D)about one-tenth of all

Question 21

Richard Sander, a law professor at the University of California Los Angeles, noted that ___ percent of the African-American students who entered law school in the fall of 1991 either did not graduate or did not pass the bar exam.

A)25.6
B)43.0
C)18.2
D)50.6

Question 22

The __________ Amendment to the U.S. Constitution provides the right to counsel in a criminal prosecution.

Question 23

The Supreme Court has ruled that defendants are entitled to __________  assistance of counsel.

Question 24

Racial minorities are at a disadvantage in court both because of their race and because they are more likely than whites to be poor.

Question 25

Prosecutors can reject charges as felonies but prosecute them as misdemeanors.

Question 26

According to a 2010 Bureau of Justice Statistics report, in 2007 there were only 400 public defender offices across the nation.

Question 27

There is evidence that judges in some jurisdictions continue to take race into account in deciding on the type and amount of bail.

Question 28

As part of the courtroom workgroup public defenders are in a better position than private attorneys to negotiate favorable plea bargains and thus to _________punishment.

A)eliminate
B)mitigate
C)increase
D)ensure

Question 29

Concerns about the rights of poor defendants and the consequences of detention prior to trial led to the bail reform movement of the 1960s.

Question 30

The evidence is clear that prosecutorial _________is systematically exercised to the disadvantage of black and Hispanic Americans.

Question 31

Racial minorities are at a __________ in court both because of their race and because they are more likely than whites to be poor.

Question 32

A number of studies document _______ racial discrimination in bail decisions.

A)indirect
B)direct
C)absolute
D)minimal

Question 33

_______ is the case regarding a white student suing for admission to the University of Michigan Law School.

A)Argersinger v. Hamlin
B)Grutter v. Bollinger
C)Norris v. State of Alabama
D)Bordenkircher v. Haye

Question 34

When asked about the amount of racial bias that currently exists in the justice system, more than half of the African American lawyers, but only __ percent of the white lawyers, answered "very much."

A)5
B)6.5
C)12.5
D)25

Question 35

The American Bar Association's 2000 report on the progress of minorities in the legal profession concluded that minority entry into the profession had stalled and that the obstacles to minority entry into the profession had grown more formidable.

Question 36

The first bail reform movement, which emerged in the __________ , emphasized reducing pretrial detention.

Question 37

The Manhattan Bail Project found that the majority of defendants released on their own recognizance did not appear for trial.

Question 38

The rising crime rate of the 1970s generated a concern for crime control and led to the second bail reform movement.

Question 39

Prosecutors exercise limited discretion in deciding whether to file formal charges.

Question 40

Those who are detained prior to trial are more likely to be convicted and receive harsher sentences than those who are released pending trial.

Question 41

The second bail reform movement, which emerged in the 1970s, emphasized _________ detention.

Question 42

In September of 2006 an African American student at Jena (Louisiana)High School defied tradition and sat under a large oak tree in the center of campus that was "reserved" for whites.  The next day, three ___________ nooses were found dangling from the tree.

Question 43

Explain the conditions that led to the first bail reform movement in the 1960s.

Question 44

Discuss the recent changes and court cases with regard to how race is used in law school admissions.

Question 45

Discuss the circumstances of the case and the U.S. Supreme Court's ruling regarding the right to counsel in Powell v. Alabama (1932).

Question 46

There are concerns that discrimination in bail decision-making has __________ effects on other case processing decisions.

Question 47

Racial minorities and men were less likely than whites and women to be released on their own __________.

Question 48

Discuss the scope of the prosecutor's discretionary powers relating to the filing of formal charges against individuals suspected of a crime.

Question 49

Discuss the circumstances of the case and the U.S. Supreme Court's ruling regarding the right to effective counsel in Williams v. Taylor (2000).

Question 50

There is ample evidence that the War on Drugs is being fought primarily in African American and _______ communities.