Deck 1: Courts, Crime, and Controversy

Question 1

Around ninety percent of felony convictions result from:

A)a plea bargain
B)a trial by jury
C)a bench trial
D)a preliminary hearing

Answer 1

A

Question 2

The three main components of the American Criminal Justice system are:

A)federal, state and local
B)judges, prosecutors, and defense attorneys
C)police, courts, and corrections
D)probation, prison, and parole

Answer 2

C

Question 3

Criminal justice is best viewed as a system and a…

A)conglomerate
B)business
C)nonsystem
D)victim's agency

Answer 3

C

Question 4

What is the name of a request for a judge to make a decision?

A)an affidavit
B)a warrant
C)a motion
D)a judgment

Question 5

According to the text, a good deal of the political rhetoric about crime focuses on…

A)prosecutors
B)police
C)the criminal courts
D)judges

Question 6

The operation of two separate and distinct court systems in the United States is referred to as:

A)a dual court system
B)checks and balances
C)separate but equal
D)judicial federalism

Question 7

Which of the following is the federal court of last resort in the United States?

A)U.S.District Court
B)U.S.Court of Criminal Appeals
C)U.S.Supreme Court
D)U.S.Magistrate Court

Question 8

Which of the following is not one of the justice professionals in the courthouse?

A)social services personnel
B)prosecutors
C)judges
D)police

Question 9

After arrest, arrestees are brought before a judge and advised of their rights, the charges against them, and given a chance to make bail at the:

A)pretrial hearing
B)initial appearance
C)arraignment
D)preliminary hearing

Question 10

Coercive police practices are a violation of this essential element of due process.

A) equal protection
B) the third degree
C) self-incrimination
D) fundamental fairness

Question 11

In contrast to federal judges, most state judges are:

A)appointed by the governor
B)appointed by the state legislature
C)appointed by the state supreme court
D)elected

Question 12

The key goal of the crime control model is:

A)repression of criminal conduct
B)the rights of defendants
C)the rights of victims
D)the integrity of the courts

Question 13

Which of the following is true of grand juries?

A)They are used by all states
B)They deliberate in open hearings
C)They issue an indictment in most cases
D)They are utilized only in misdemeanor cases

Question 14

The numerous public agencies involved in implementing public policy concerning crime are referred to as:

A)the court system
B)the corrections system
C)the law enforcement system
D)the criminal justice system

Question 15

A trial by a judge without a jury is called a:

A)summary trial
B)bar trial
C)bench trial
D)trial de novo

Question 16

If the grand jury finds probable cause to hold the defendant for trial it returns a…

A)warrant
B)no true bill
C)true bill
D)Alford bill

Question 17

The most influential actor in the courthouse is the:

A)judge
B)defense attorney
C)clerk of court
D)prosecutor

Question 18

Jurors expectations of forensic evidence in even the most mundane of cases has been called…

A)the DNA effect
B)the CSI effect
C)the science effect
D)the BSU effect

Question 19

Courts can be classified according to their function (rather than jurisdiction) into:

A)local, state, and federal courts
B)substantive and procedural
C)national and multinational courts
D)trial and appeals courts

Question 20

Which of the following is not true of "law in action"?

A) Focus on human factors governing application of law
B) Stresses the importance of discretion
C) Strict enforcement of laws and adherence to procedures
D) Prosecutors use discovery to encourage guilty pleas

Question 21

In grand jury proceedings, the burden of proof for the prosecutor is:

A) reasonable suspicion
B) proof beyond a reasonable doubt
C) probable cause
D) clear and convincing evidence

Question 22

Which of the following is a characteristic of the due process model of criminal justice?

A)Concern for the rights of defendants
B)Efficiency is the main goal
C)Eliminating loopholes for defendants
D)Stress on informal fact-finding

Question 23

The dominant reality of contemporary sentencing is:

A) the use of structured sentencing to eliminate wide variations in sentences.
B) prison overcrowding.
C) the decreased used of intermediate sanctions in favor of active sentences.
D) rehabilitation to reduce recidivism.

Question 24

Which of the following does not take place at arraignment?

A) formal charges read and copy provided to defendant
B) determination made as to existence of probable cause
C) defendant called upon to enter plea
D) defendant advised of rights

Question 25

The federal government and most states have created two levels of appellate courts:

A) lower and major
B) district and superior
B) state and federal
D) intermediate and supreme

Question 26

By and large, criminal defendants are:

A)young, poor, uneducated, and male
B)young, poor, and female, and a member of a minority group
C)young, poor, male, and minority
D)middle-aged, male, uneducated, and a repeat offender

Question 27

Proponents of the due process model of criminal justice believe all of the following, except:

A)The courts' priority should be to protect the rights of the individual.
B)The belief in the need to reform people through rehabilitation.
C)That the court system is fundamentally unfair to poor and minority defendants.
D)Informal fact-finding is sufficient to prevent false convictions.

Question 28

Which of the following is not an element of "law on the books"?

A) legal duties of the main actors
B) structure of the courts
C) careful use of discretion
D) steps in the criminal justice process

Question 29

The United States Supreme Court often hears fewer than _____ cases each term (year).

A)100
B)85
C)250
D)1,000

Question 30

The Supreme Court's opinion in Brown v.Mississippi was based on:

A) the Fourteenth Amendment due process clause
B) the Fifth Amendment right against self-incrimination
C) the Fourth Amendment right against unreasonable seizures
D) the Eighth Amendment prohibition against cruel and unusual punishment

Question 31

What type of crime is generally handled by major trial courts?

A) misdemeanor crimes
B) violations
C) felony crimes
D) all crimes

Question 32

The overall conviction rate at trial for felonies is upward of:

A) 60 percent
B) 70 percent
C) 80 percent
D) 90 percent

Question 33

This principle distributes government power between national and state governments, creating decentralization that compounds the fragmentation of the criminal justice system.

A) federalism
B) deconstructionism
B) utilitarianism
D) nationalism

Question 34

Which of the following responses to the problem would best fit the "crime control" philosophy?

A) Government takes steps to limit the availability of ingredients used in the manufacture of designer drugs.
B) Design a public awareness campaign to warn potential users of the dangers presented by use of these drugs.
C) Partner with community leaders to identify underlying social issues promoting the drug subculture.
D) Pass legislation and increase enforcement efforts to send a message of "zero tolerance" to those who manufacture, sell, and use designer drugs.

Question 35

A lower trial court would only handle the initial stages of which type of case?

A)Public drunkenness
B)Petty theft
C)Disorderly conduct
D)Robbery

Question 36

Which of the following is a characteristic of the crime control model of criminal justice?

A)The process resembles an obstacle course for the prosecution and police
B)Stresses formal and court fact-finding
C)Concern for speed and protecting society
D)Focus on the rights of defendants

Question 37

The importance of the Supreme Court is measured in terms of:

A) the cases it does not hear.
B) the sheer volume of cases that they are required to hear each year.
C) the wide-ranging impact their decisions have on all stages of the process.
D) none of these answers is correct

Question 38

During a preliminary hearing, the prosecutor must prove to _____ that a crime was committed and that there is probable cause to believe the defendant committed the crime.

A) the grand jury
B) a judge
C) a jury
D) the District Attorney

Question 39

These motions contend that police conducted an illegal search/seizure or obtained a confession in violation of the defendant's constitutional rights.

A) motion to strike
B) motion to suppress
B) motion to vacate
D) motion to dismiss

Question 40

Most people in the United States learn about the ways in which criminal cases are processed through the courts from what source?

A)college
B)the media
C)internet blogs
D)government informational bulletins

Question 41

Approximately 2.5 million people work in the criminal justice system.

Question 42

Plea negotiations are governed by informal understandings of what sentence is appropriate for a given type of defendant.

Question 43

The judge is generally the most influential official of the court house actors.

Question 44

Which of the following responses to the problem would best fit the "due process" philosophy?

A) Government takes steps to limit the availability of ingredients used in the manufacture of designer drugs.
B) Pass legislation and increase enforcement efforts to send a message of "zero tolerance" to those who manufacture, sell, and use designer drugs.
C) Dramatic increase in the use of drug courts to divert first-time offenders and defer prosecution.
D) Design public awareness campaign to warn potential users of the serious legal ramifications if they are caught with the drugs.

Question 45

The due process model emphasizes protecting the rights of the individual.

Question 46

In the United States, separate systems of federal courts and state courts exist.

Question 47

Which of the following is not part of the "due process" belief system?

A) The war on drugs has a disproportionate effect on racial minorities.
B) "Speedy trial" legislation should be enacted to ensure that justice is not delayed.
C) Rehabilitation achieves the dual result of deterrence and increased public safety.
C) The adversarial process at trial achieves the correct result.

Question 48

Grand juries indict in only a small percentage of the cases brought to them by the prosecutor.

Question 49

In the crime control model, one goal is to process defendants quickly.

Question 50

Which of the following is not part of the "crime control" belief system?

A) Individual responsibility is at issue when considering the ramifications of drug abuse.
B) "Speedy trial" legislation should be enacted to ensure that justice is not delayed.
C) The adversarial process at trial achieves the correct result.
D) Incarceration achieves the dual result of deterrence and increased public safety.

Question 51

Federal judges are elected in district-wide elections.

Question 52

The organization of prosecutors in the United States is consistent across the state and federal criminal justice system.

Question 53

Which of the following aspects of the criminal justice process exemplify "law in action"?

A) Police Mirandize a suspect and obtain a voluntary confession.
B) At initial appearance, the defendant is advised of his rights and bail is set according to the bond schedule.
C) The prosecutor meets with the public defender to discuss the terms of a plea agreement.
D) Upon pleading guilty, the defendant is dissatisfied with the sentence and appeals.

Question 54

Coerced confessions are admissible only if they are proven to be reliable.

Question 55

The term "dual court system" refers to separate state and federal courts.

Question 56

The U.S.Supreme Court and state supreme courts can largely select which cases they want to hear.

Question 57

Appellate courts review the evidence presented a trial and determine if the jury reached a fair verdict.

Question 58

The decisions of trial courts may be reviewed by appellate courts.

Question 59

In a criminal case, neither side is required disclose any of the evidence they will present or witnesses they will call to the opposing party.

Question 60

Which of the following aspects of the criminal justice process exemplify "law on the books"?

A) Police Mirandize a suspect and obtain a voluntary confession.
B) At initial appearance, the judge sets a low bail because the jail is overcrowded.
C) The prosecutor meets with the defense attorney to discuss the terms of a plea agreement.
D) Upon accepting the plea, the judge sentences the defendant based on his own discretion.

Question 61

A defendant will be asked to enter a plea to the charges at arraignment.

Question 62

Advocates of the crime control model of criminal justice believe that unless crime is controlled, the rights of law-abiding citizens will not be protected, and the security of society will be diminished.

Question 63

In felonies, bail is usually first set at the initial _____ stage of the judicial process.

Question 64

The majority of crimes committed are violent crimes.

Question 65

Most criminal defendants hire a private lawyer for their defense.

Question 66

Under discovery rules, defense attorneys are required to provide all requested information to the prosecutor prior to trial.

Question 67

Crimes fall into three categories-felonies, misdemeanors, and _____.

Question 68

Most state judges are appointed by the President and confirmed by the Senate.

Question 69

The "law in action" represents an idealized view of law, one that stresses an abstract set of rules that fails to take real people into account.

Question 70

The term "_____" refers to the exchange of information prior to trial.

Question 71

The _____ is the most influential of the courthouse actors.

Question 72

Defendants and victims are the most important actors in the courthouse.

Question 73

Defense attorneys are often successful at securing not guilty verdicts at trial.

Question 74

The Wickersham Commission (1931) defined the _____ as "the inflicting of pain, physical or mental, to extract confessions or statements."

Question 75

"Law on the books" is found in the Constitution, legislative statutes, administrative rules and regulations, and court opinions.

Question 76

_____ courts are divided into major and lower courts.

Question 77

The public often blames _____ for allowing guilty defendants to go free on "technicalities".

Question 78

In _____ courts, no trials are held, no jurors are employed and no witnesses are heard.

Question 79

One of the most fundamental rights granted to those accused of violating the criminal law is _____.

Question 80

_____ jury review is required in all federal felony prosecutions.