Deck 10: Ethical Misconduct in the Courts and Responses

Question 1

The first "conviction integrity unit" was established in which state ?

A)Utah
B)Florida
C)Arizona
D)Texas ​

Answer 1

D

Question 2

The procedure for presenting a single suspect to an eyewitness for identification is known as a :

A)show-up.
B)lineup.
C)field identification.
D)photo array.

Answer 2

A

Question 3

If accused of dismissing a potential juror because of race, what must a prosecutor do in order for the dismissal to be allowed?

A)File an appeal.
B)Show a reason for the dismissal that relates to the juror's profession.
C)Show any other reason for dismissing the juror.
D)There is nothing the prosecutor can do if challenged in this fashion.

Answer 3

C

Question 4

Which of the following is not considered prosecutorial misconduct?

A)ex parte communication with a judge
B)communicating with defendant without counsel present
C)failure to disclose evidence
D)speaking to the media about whether or not an indictment has been returned

Question 5

Aronson and McMurtrie identified one type of prosecutorial misconduct as "tunnel vision," arguing that:

A)an innocent suspect will always be considered guilty by the judge.
B)a desire to look smart or tough on television influences the way they talk about their cases.
C)some prosecutors work under a bias that defendants are guilty and therefore ignore exculpatory evidence.
D)prosecutors generally have a quota that they must fulfill.

Question 6

According to the text, disciplinary committees investigate a practicing attorney:

A)only when a complaint is lodged against him or her.
B)on a regularly basis, usually every fiscal year.
C)every time the attorney's license to practice is due for renewal.
D)only when it involves a capital case.

Question 7

Which of the following is not a criticism of how the Bar handles complaints of ethical violations?

A)Very few sanctions result from investigations.
B)The investigative bodies are secretive and informal.
C)Lawyers can often easily pay a fine to have the charges dismissed without an investigation.
D)Charges of incompetence are rarely investigated.

Question 8

The Innocence Project is :

A)a loose affiliation of lawyers who identify cases where a prisoner may be innocent.
B)an attempt to educate judges and lawyers about the problems of unfair jury selection practices.
C)a project started in Dallas by county prosecutors in which all felony convictions are reviewed for accuracy.
D)an investigation that targeted corrupt judges.

Question 9

Only recognizing evidence to fit one's theory is the definition of:

A)cognitive dissonance.
B)belief perseverance.
C)selective information processing.
D)confirmatory bias.

Question 10

In terms of prosecutorial misconduct, Aronson and McMurtrie discussed the presence of all of the following elements except:

A)cognitive dissonance.
B)belief perseverance.
C)selective information processing.
D)emotional concord.

Question 11

Operation Greylord took place in the 1980s and targeted:

A)corrupt "expert" witnesses.
B)corrupt judges and attorneys.
C)treatment staff misconduct.
D)correctional misconduct.

Question 12

In Hamdan v. Rumsfeld , the U.S. Supreme Court held that detainees in Guantanamo:

A)did not deserve some due process and the military commissions created at the time were not sufficient.
B)did not deserve some due process and that the military commissions created at the time were sufficient.
C)deserved some due process and that the military commissions created at the time were not sufficient.
D)deserved some due process and that the military commissions created at the time were sufficient.

Question 13

Barry Scheck of the Innocence Project asserts that many of the Brady violations occurring in prosecutors' offices are due to :

A)police officers withholding evidence.
B)poor training.
C)prosecutors deliberately cheating in an effort to win cases.
D)prosecutors being overworked and careless.

Question 14

In an effort to prevent false confessions, 18 states now require confessions to be:

A)recorded by a court reporter, for a judge to review.
B)sworn to under oath.
C)witnessed by a defense attorney.
D)videotaped.

Question 15

Believing one's original theory of the case despite evidence to the contrary is called:

A)cognitive dissonance.
B)belief perseverance.
C)selective information processing.
D)confirmatory bias.

Question 16

The reasons for false convictions discussed in your text include all except:

A)perjury by informants.
B)  "junk science."
C)false confessions.
D)gender bias.

Question 17

According to the text, the most common charge leveled against prosecutors is:

A)misusing pretrial publicity.
B)failure to disclose evidence.
C)supporting perjury.
D)using false evidence in court.

Question 18

A lineup in which the law enforcement official does not know which person is the suspect is known as a(n): 

A)show-up.
B)Brady lineup.
C)ex parte lineup.
D)double-blind lineup.

Question 19

According to the text, which of the following statements about judicial misconduct is false?

A)Public exposés of judicial misconduct are fairly rare.
B)There is a concern that judges and lawyers play to the camera when these are permitted in court.
C)In general, judges who are primarily concerned with their public image may make biased decisions.
D)Attorneys often file complaints against judges when misconduct is suspected .

Question 20

Confirmatory bias refers to:

A)when a specific suspect has been fixated upon and investigators ignore other possibilities.
B)when it is confirmed that the prosecution is biased against the suspect.
C)when a confirmation of racial bias is pending.
D)none of these describe the concept.

Question 21

You are a judge seeking re-election to the county court.
You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance of bias, your duty would be to:

A)delay the case until after the election.
B)dismiss the case.
C)recuse yourself from the case.
D)videotape all proceedings for later review, if needed.

Question 22

There are two basic philosophies regarding how to apply constitutional principles:

A)the interpretationists and activists.
B)the activists and federalists.
C)the federalists and strict constructionists.
D)the strict constructionists and the interpretationists.

Question 23

Interpretationists argue that the Constitution:

A)should be implemented exactly as written.
B)should be abolished altogether.
C)is meant to be a living document that evolves with the times.
D)is meant to only apply to citizens.

Question 24

You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground.
According to the Brady decision, what are you obligated to do with the shoeprint information?

A)Brady did not relate to this question.
B)You are required to share the evidence with the defense.
C)You are required to alert the judge.
D)You do not need to provide it to anyone but you may not use it in the trial.

Question 25

Appellate judges who are interpretationists are also called:

A)constructionists.
B)activists.
C)pacifists.
D)federalists.

Question 26

An approach to the Constitution that uses a looser reading of the document is called:

A)the strict constructionist philosophy.
B)the interpretationist philosophy.
C)the libertarian philosophy.
D)the federalist philosophy.

Question 27

You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground.
Initially, you charged the defendant with attempted murder, since there was reason to believe the barn might have been occupied at the time. In reality, you knew that you would not be able to prove this charge in court. You thought that adding this serious charge might lead the defendant to plead guilty to the arson charge if you agreed to drop the attempted murder charge. This arrangement would be a:

A)summary judgment.
B)"harmless error."
C)Brady motion.
D)plea bargain.

Question 28

You are a judge seeking re-election to the county court.
The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true?

A)You are free to appear and speak however you wish.
B)Since you are currently a judge, you are not permitted to make political speeches.
C)You may make a speech but it cannot be broadcast.
D)You can make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court.

Question 29

In , ________________  the Supreme Court ruled that defendants had no constitutional right to DNA evidence.

A)District Attorney v. Osborne
B)Garcetti v. Ceballos
C)Purkett v. Elem
D)Batson v. Martinez

Question 30

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted.
Still convinced your client is innocent, you look for outside help. Where might you go to seek assistance in getting your client a new trial?

A)the American Bar Association
B)the Innocence Project
C)the prosecutor's conviction-review team
D)the legal assistance team at the prison where your client is incarcerated

Question 31

Strict constructionists argue that the Constitution:

A)should be implemented exactly as written.
B)should be abolished altogether.
C)is meant to be a living document that evolves with the times.
D)is meant to only apply to citizens.

Question 32

You are a judge seeking re-election to the county court.
The Supreme Court case that decided the issue described in the above question was:

A)Brady v. Maryland .
B)Batson v. Kentucky .
C)Minnesota v. White .
D)District Attorney v. Osborne .

Question 33

Natural rights refer to the concept that:

A)one has certain obligations to nature.
B)one has certain biological requirements.
C)one has certain rights just by virtue of being born.
D)one has no rights, all rights belong the mother earth.

Question 34

According to the text, those freedoms and protections that the framers of the Constitution would have recognized if they had been asked are called:

A)"human rights."
B)"fundamental liberties."
C)"fundamental rights."
D)"human liberties."

Question 35

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted.
The witness who the prosecution called to testify about supposedly overhearing your client pray is an example of a jailhouse informant. The prosecutor had doubts about the veracity of this testimony, especially considering that the witness demanded that his own charge be dropped in return for his testimony. The prosecutor decided to present the witness anyway, figuring that it might not be totally proper, but that since he was convinced your client was guilty, it was ok to bend the rules in order to secure the conviction. This is an example of:

A)cognitive dissonance.
B)selective information processing.
C)noble-cause corruption.
D)harmless error.

Question 36

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted.
A month after the conviction, you discover that a DNA sample was found at the crime scene and was never tested. You believe that it might exonerate your client. Unfortunately, the appellate court rejects your petition, citing the case of District Attorney v. Osborne . The decision in this case held that:

A)convictions must be immediately appealed in order to be considered.
B)the prosecution is not required to share evidence that might point to innocence.
C)DNA evidence is not admissible.
D)defendants do not have a constitutional right to DNA testing.

Question 37

You are a prosecutor and are preparing for an upcoming trial. This is a case of arson, and the defendant is accused of setting fire to a barn, causing it to burn to the ground.
You have an abundance of physical evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of  evidence.

A)exculpatory
B)confirmatory
C)inconclusive
D)optional

Question 38

The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as the:

A)the strict constructionist philosophy.
B)the interpretationist philosophy.
C)the activists philosophy.
D)the federalist philosophy.

Question 39

You are a defense attorney defending a client against a murder charge. Your client is the former boyfriend of the victim, and it has been established by several witnesses that the breakup was not a pleasant one. Your client was identified as a suspect from the very beginning. During the trial, the prosecution presented a witness who claimed to overhear your client praying for forgiveness in his holding cell. The prosecution also presented the murder weapon, which was a softball bat with your client's fingerprint on the handle. Your client was convicted.
You attempted to convince the jury that the presence of the fingerprints did not mean anything - it was his bat, after all, and he had used it in a softball game recently. You argued that the detectives investigating the murder suspected your client right away because he was the victim's ex-boyfriend, and accordingly, they automatically interpreted any evidence in a way that agreed with their suspicion. This is an example of:

A)cognitive dissonance.
B)selective information processing.
C)noble-cause.
D)harmless error.

Question 40

In _________________ , the Supreme Court ruled against a prosecutor who objected to misconduct occurring in the office where he worked.

A)Diaz v. Bush
B)Garcetti v. Ceballos
C)Purkett v. Elem
D)Batson v. Martinez

Question 41

The Batson v. Kentucky decision prohibited the use of race as a reason for dismissing potential jurors .

Question 42

The writers of the Bill of Rights were natural law theorists.

Question 43

According to the text, the major complaint about defense attorneys is that they do not communicate regularly with clients.

Question 44

Some Supreme Court justices have indicated that reducing the __________________ of prosecutors might make them more hesitant to aggressively prosecute certain cases, for fear of being sued or prosecuted themselves.

Question 45

The corruption investigation known as _____________________  involved the bribery of several Chicago judges.

Question 46

According to the text, only approximately 1 percent of investigations into attorney misconduct result in disbarment.

Question 47

A prosecutor's legal duty is to win a conviction.

Question 48

Operation Greylord was a judicial scandal in Chicago in which both attorneys and judges were convicted of bribery.

Question 49

It is called confirmatory bias when a judge decides a case ahead of time.

Question 50

A Brady motion requests all evidence that is "likely to lead to a different outcome."

Question 51

An ex parte conversation is one in which an expert witness presents his or her credentials in order to be accepted as an expert for testimony.

Question 52

Prosecutors are completely protected against any liability that might arise as a result of such misconduct as lying on a warrant petition or coercing a confession.

Question 53

One of the most cited reasons for false convictions is ineffective counsel.

Question 54

The ruling in the_____________________ case prohibits attorneys from using their peremptory challenges to exclude a juror on the basis of race.

Question 55

The most common ethical complaint against prosecutors is failure to _____________________________.

Question 56

It is very common for attorneys to file complaints against judges that the attorneys feel had engaged in misconduct.

Question 57

Strict constructionists believe that any new rights should be created through the political process.

Question 58

Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.

Question 59

A study by Cummings found that prosecutors use more than 30 different negative terms to refer to _____________________ .

Question 60

The Minnesota v. White decision states that judges may not make political speeches since they are supposed to remain completely neutral.

Question 61

Where do the Model Rules of ethical behavior for attorneys come from, and how are they enforced?

Question 62

Discuss the concept of "noble-cause" corruption as it applies to prosecutors. In what specific ways can prosecutors engage in this type of behavior?

Question 63

The _____________________  believes that an individual has no rights unless they are specified in the Constitution or are present in some other legal source.

Question 64

Some locales have either eliminated or dramatically constrained the use of ___________________________ because of the high probability that they are lying in order to gain some benefit .

Question 65

A(n)_____________________  would utilize a looser reading of the Constitution and read into it rights  that the framers might have recognized or that should be recognized due to "evolving standards."

Question 66

____________________ are those freedoms that the framers would have recognized whether or not they were specifically mentioned in the Bill of Rights or Constitution.

Question 67

Discuss the number of innocents who may be imprisoned and explain the most common reasons for wrongful convictions.

Question 68

According to Model Rule 1.1, all attorneys must display an appropriate level of ________________.

Question 69

Review the efforts being made to reverse wrongful convictions, including private and government-driven efforts.

Question 70

The Supreme Court, led by Chief Justice ________________ made several landmark decisions in the 1960s that expanded civil liberties and protections.

Question 71

Rights that are basic and not dependent on humans to provide are known as ________________.

Question 72

Explain the significance of the Brady v. Maryland and Batson v. Kentucky cases, as they relate to prosecutors' misconduct.

Question 73

Discuss the arguments in favor of and opposed to allowing television cameras into the courtroom during a criminal trial.

Question 74

Describe the importance of judicial independence, but also explain why judicial oversight is necessary.

Question 75

Even if a prosecutor or judge makes a mistake or acts improperly in a case, an appellate court might decide that it was a(n)  ____________________; it did not affect the outcome of the case.

Question 76

Explain the differences between judicial activism and constructionism and show how these viewpoints can affect the decisions of the courts.

Question 77

Explain the reasoning behind prosecutorial immunity and discuss the arguments regarding its use.

Question 78

The term refers to a situation when a specific suspect has been fixated upon and therefore police and prosecutors ignore evidence that refutes their theory.

Question 79

Even when there is evidence indicating innocence, juries have shown a willingness to convict based on false ____________________.

Question 80

What are some of the reasons that people distrust the justice system? Are these criticisms valid? Why or why not?