Deck 7: Judges

Question 1

Which of the following is not the responsibility of a judge?

A) author legislation
B) hear legal disputes
C) preside over courts
D) administer the law

Answer 1

A

Question 2

Judges are addressed as "your honor" for what reason?

A) out of fear of judicial power
B) out of respect
C) due to tradition
D) due to state laws

Answer 2

B

Question 3

Which player in the courtroom workgroup decides whether a plea bargain will be offered?

A) prosecutor
B) defense attorney
C) judge
D) grand jury

Answer 3

A

Question 4

Who decides if a plea agreement will be entered into?

A) prosecutor and defense counsel
B) defendant and defense counsel
C) judge and jury
D) grand jury

Question 5

A person placed under arrest and held in custody must be brought before a judge for an initial appearance in what amount of time?

A) within 6 hr
B) within a reasonable time period
C) There is no time limit.
D) within 1 month

Question 6

At what stage of the process is the defendant informed by the judge of the nature of the arrest (not the actual charges)?

A) initial appearance
B) secondary appearance
C) arraignment
D) voir dire

Question 7

At what stage of the process is the decision made regarding whether or not to grant bail and, if so, how much?

A) initial appearance
B) secondary appearance
C) arraignment
D) voir dire

Question 8

During which part of the criminal justice process is the judge most visible?

A) prearrest
B) postarrest/pretrial
C) trial
D) posttrial

Question 9

What might a judge do if a jury convicts but the judge believes there is insufficient evidence to support a conviction?

A) enter a directed verdict
B) hold the jury in contempt of court
C) appeal the conviction
D) none of these

Question 10

Under which sentencing structure does a judge have stricter guidelines and less leeway in the sentence to be handed down?

A) cumulative sentencing
B) discretionary sentencing
C) determinate sentencing
D) indeterminate sentencing

Question 11

What might a judge do if he or she determines that a probation violation has occurred?

A) revoke probation
B) modify the conditions of probation
C) extend the probationary time
D) all of these

Question 12

Which of the following is not a standard condition of probation?

A) substance abuse treatment
B) limitations on travel
C) drug and alcohol testing
D) leaving home

Question 13

Search and arrest warrants must be signed by a ______.

A) judicial officer
B) prosecutor
C) defense attorney
D) bail bondsman

Question 14

Those in favor of judicial independence argue that judges ought to ______.

A) interpret laws and the Constitution while considering public opinion
B) interpret laws and the Constitution regardless of public opinion
C) make policy on the government's behalf considering public opinion
D) make policy on the government's behalf regardless of public opinion

Question 15

Those in favor of judicial accountability argue that judges ought to ______.

A) interpret laws and the Constitution while considering public opinion
B) interpret laws and the Constitution regardless of public opinion
C) make policy on the government's behalf considering public opinion
D) make policy on the government's behalf regardless of public opinion

Question 16

Given the system of separation of powers and checks and balances, which branch of government has superiority over the others?

A) executive
B) legislative
C) judiciary
D) They are all equal.

Question 17

Which branch of government can vote to impeach a federal judge for "treason, bribery or other high crimes or misdemeanors?"

A) the Supreme Court
B) the Speaker of the House
C) the House of Representatives
D) the Senate

Question 18

How many states currently select judges by appointment?

A) nearly all
B) about half
C) less than 10
D) none

Question 19

Should a judge leave office before the end of term in a state that selects judges via election, which of the following most commonly occurs?

A) A special election is held to replace the judge.
B) The governor appoints a replacement.
C) The state legislature appoints a replacement.
D) The seat is left vacant until the next election.

Question 20

Which method of state judicial selection is most complicated?

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

Question 21

In merit selection systems of judicial selection, approximately what percentage of judges are voted out of office (i.e., not retained)?

A) 25%
B) 10%
C) 5%
D) less than 1%

Question 22

Research has found that judicial performance evaluation programs are related to which of the following?

A) increased voter participation
B) increased judicial accountability
C) removal of judges with poorer evaluations
D) all of these

Question 23

Which form of judicial accountability is most often invoked?

A) behavioral
B) constitutional
C) decisional
D) statutory

Question 24

In the federal court system, which body typically hears allegations of judicial misconduct?

A) the Senate Judiciary Committee
B) judicial councils
C) a specially formed House subcommittee
D) the U.S. Supreme Court

Question 25

Search and arrest warrants must be signed by a judicial officer.

Question 26

Judges have the final say on with what crime(s) a defendant is charged.

Question 27

Judges sign nearly every warrant brought before them much in the same manner that grand juries effectively indict every suspect brought before them.

Question 28

If the prosecution has not made a sufficiently convincing case, a judge can direct a jury to acquit and even overrule them if the jury should convict.

Question 29

Once a sentence is handed down, the job of a trial court judge is complete.

Question 30

Judges have a great deal of discretion in deciding what conditions of probation a defendant must abide by to avoid incarceration.

Question 31

Federal and state judges are selected in essentially the same manner.

Question 32

The primary concern about judges in colonial America was their lack of accountability.

Question 33

Assuming good behavior, federal judges serve lifetime appointments.

Question 34

No states allow the legislature to appoint judges.

Question 35

Under merit selection, the governor appoints one of the people recommended by the legislature.

Question 36

Most states today use the merit system of judicial selection.

Question 37

The merit system of judicial selection produces a more diverse set of judges than other systems.

Question 38

Judicial performance evaluations focus exclusively on items related to the judge's behavior and not to case outcomes.

Question 39

Judicial impeachment is a common means of disciplining judges.

Question 40

Discuss how most people view judges.

Question 41

Discuss a judge's role in search and arrest warrants.

Question 42

Explain the most important decision a judge has to make at an initial appearance.

Question 43

Explain the role of a judge in plea agreements.

Question 44

Discuss the most visible role played by a trial court judge.

Question 45

Explain a judge's duty to impose a sentence and the role of determinant and indeterminate sentencing.

Question 46

Discuss a judge's role in what can occur after a convicted defendant sentenced to probation violates one or more conditions of probation.

Question 47

Explain how judges were selected in colonial America.

Question 48

Discuss the reasons for lifetime judicial appointments.

Question 49

Describe judicial training or orientation.

Question 50

Explain the advantages and disadvantages of partisan and nonpartisan election methods.

Question 51

Define judicial independence and judicial accountability. Explain the arguments for and against each method and which system is used in the courts today.

Question 52

Explain how, although the majority of judges in the United States are White males, diversity is increasing in the American judiciary.

Question 53

Explain the difficulties faced by a person who becomes a judge.

Question 54

Explain how the various selection methods influence who becomes a judge.