Deck 7: Courts, Prosecution, and the Defense

Question 1

There are specialized state courts for gangs, domestic violence, guns, sex offenders, and the homeless.

Answer 1

True

Question 2

Interviewing witnesses in a criminal case is one of the duties of the prosecutor.

Answer 2

True

Question 3

Each state has one court of last resort that reviews issues of law and fact appealed from the trial courts.

Answer 3

False

Question 4

Plea bargaining is rare.

Question 5

There are very strict, formal qualifications for federal judges.​

Question 6

One form of legal representation of indigents is where private attorneys or private law firms provide their services for free.​

Question 7

The US Supreme Court is the only court established by constitutional mandate.

Question 8

The concept of attorney competence was defined by the US Supreme Court in the case of Strickland v. Washington.

Question 9

Computers are replacing judges every day by allowing the judge to videoconference into the courtroom.​

Question 10

Appellate courts try cases.

Question 11

Domestic violence courts are an example of specialized courts.

Question 12

The US court of appeals is empowered only to hear federal cases on substantive and procedural issues involving rights guaranteed by the US Constitution.

Question 13

A jury can consist of between 6 and 12 people to decide a case in a criminal trial.​

Question 14

In 1968, only 10 states had state-level automated information systems.​

Question 15

The Sixth Amendment assures the right to counsel.

Question 16

In specialized courts there is no monitoring of offenders by judges.

Question 17

The prosecution represents the state during bail hearings in the pretrial stage.

Question 18

There are approximately 3,000 drug courts in operation across the United States.

Question 19

In Gideon v. Wainwright, the court took the first major step on the issue of right to counsel.

Question 20

Technology in the courtroom is a controversial issue because much of the information used infringes on the rights of the accused.

Question 21

Which of the following would not constitute a specialty court

A)Probate court
B)Circuit court
C)Community court
D)Mental health court

Question 22

Which of the following is false regarding appellate courts

A)Appellate courts try cases.
B)Appellate courts review the procedures of the case to determine whether an error was made by judicial authorities.
C)The appellate court can order a new trial.
D)The appellate court can allow the defendant to go free.

Question 23

The federal government has a three-tiered hierarchy of court jurisdiction, which includes all of the following except the:

A)US court of appeals.
B)US district Court.
C)US special jurisdiction court.
D)US Supreme Court.

Question 24

When the US Supreme Court justices reach a split decision, the Chief Justice assigns a member of the majority group to write the:

A)opinion.
B)issuance of legalis.
C)writ of certiorari.
D)mandate of precedence.

Question 25

Increasingly videoconferencing is used across the United States and is now used in about 400 courts.​

Question 26

Which of the following is not one of the duties of a prosecutor

A)Investigate possible violations of the law
B)Maintain administrative control over grand jury proceedings
C)Represent the government in appeals
D)Subpoena witnesses to a crime

Question 27

Which of the following is not one of the judicial functions of a judge

A)Consider leniency or severity requests from police and prosecutors
B)Administrative control over probation
C)Consult with probation staff on treatment decisions
D)Draft legislative language to be forwarded to congressional sponsors

Question 28

When a jury trial is waived, the judge must:

A)ask the defense to use their ethics to decide whether the defendant is guilty.
B)instruct the jury to leave the courtroom.
C)decide whether the defendant is guilty using a bench trial.
D)maintain court records themselves.

Question 29

The forms of legal representation available to indigents are public defender, assigned counsel, contract, and mixed.​

Question 30

The legal basis for the federal court system is found in the:

A)Judicial Act of 1789.
B)Sixth Amendment.
C)Article 3, Section 1 of the U.S. Constitution.
D)Original Articles of Confederation.

Question 31

Conviction rates for indigent defendants and for those with their own lawyers were about the same in federal and state courts.​

Question 32

Courts of general jurisdiction are also known as ______ courts.

A)appellate
B)municipal
C)district
D)felony

Question 33

Once a prosecutor decides to pursue a case, the charges cannot later be dropped.​

Question 34

If you are charged with armed robbery, your trial would take place in which type of court

A)A court of limited jurisdiction
B)A court of general jurisdiction
C)An appellate court
D)A specialty court

Question 35

Generally, state appellate decisions are based on court transcripts; however, in some instances, the felony court will grant a new trial known as a:

A)trial de novo.
B)reaffirmation of verdict.
C)trial de jure.
D)habeas corpus hearing.

Question 36

Courts of limited jurisdiction are named as such because:

A)all cases in that type of jurisdiction handle 1-2 particular types of crime, making a limited scope.
B)they are restricted to hearing minor or less serious civil and criminal cases.
C)they not only review facts but procedures of the case to limit judicial decision making.
D)they were named this when each state was only allowed to have one court.

Question 37

The US Supreme Court is composed of ____ members that are ________.

A)7; appointed for 8 year terms
B)9; appointed for lifetime terms
C)9; elected by the voters during the presidential election
D)10; recommended by Congress

Question 38

The availability of treatment and detention facilities is a resource issue that impacts prosecutorial discretion.​

Question 39

Many states have adopted some form of what is known as the ____ Plan to select judges.

A)Illinois
B)Missouri
C)New York
D)Ohio

Question 40

Courts of limited jurisdiction are most likely to handle which of the following crimes

A)Domestic violence
B)Juvenile crime
C)Shoplifting
D)Traffic violations

Question 41

Which of the following statements is false regarding public versus private attorneys

A)Conviction rates for indigent defendants with public defenders were significantly higher than for defendants with their own attorney.
B)Sentence lengths for defendants sent to jail or prison were shorter for those with publicly financed attorneys than those who hired counsel.
C)Of those found guilty, those represented by publicly financed attorneys were incarcerated at a higher rate than those defendants who paid for their own legal representation.
D)Research indicates that private counsel may have a slightly better track record in some areas than public defenders.

Question 42

All evidence points to the conclusion that prosecutorial discretion is used to:

A)influence judicial decision making in the sentencing stage.
B)influence who gets reelected to judgeships.
C)screen out the weakest cases.
D)achieve a desirable sentence.

Question 43

A.J. is a minority who is walking his dog in a city that has an ordinance to make sure people clean up after their dogs. Of course A.J. has never seen this ordinance enforced, so he just continues walking after his dog defecates. He doesn't know that a rookie patrolman has been watching and observed him fail to clean up his dog's waste. A.J. walks around the corner to find a whole wall of freshly painted graffiti and spray paint cans on the ground. He picks one up to put it in the trash just as the patrolman is walking around the corner to give A.J. an ordinance violation ticket.
A.J. was sentenced to the fine of $500 for the dog waste and community service hours until he removes all of the graffiti. He is going to appeal his sentence and will appeal his case to which court

A)Appellate court of limited jurisdiction
B)Civil court of general jurisdiction
C)Appellate court of general jurisdiction
D)State court of general jurisdiction

Question 44

Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for their legal services on a set number of cases involving poor defendants

A)Contract system
B)Assigned counsel system
C)Prepaid legal service
D)Public defender system

Question 45

Today, the Sixth Amendment right to counsel and the ____ and ____ Amendments guarantee of due process of law have been judicially interpreted together to provide the defendant with counsel by the state in all types of criminal proceedings.

A)Fourth, Fifth
B)Fifth, Fourteenth
C)Sixth, Eighth
D)First, Seventh

Question 46

The first state to establish a court administrative office was ____ in 1927.

A)North Dakota
B)Iowa
C)Washington
D)California

Question 47

What is the duty of a defense lawyer to his or her client and the legal system

A)To participate in the courtroom workgroup
B)To fully and competently defend his or her client
C)To engage in the pursuit of justice
D)To represent the state

Question 48

In the federal system, prosecutors are appointed by:

A)Congress.
B)the Senate.
C)the president.
D)the US Supreme Court.

Question 49

In what 1972 case did the court rule that an attorney must be provided in all criminal cases where the penalty includes imprisonment

A)Gideon v. Wainwright
B)Strickland v. Washington
C)Burger v. Kemp
D)Argersinger v. Hamlin

Question 50

Which of the following is the most common reason for prosecutors to reject cases

A)Due process problems
B)Arrest problems
C)Evidence problems
D)Interest of justice problems

Question 51

A.J. is a minority who is walking his dog in a city that has an ordinance to make sure people clean up after their dogs. Of course A.J. has never seen this ordinance enforced, so he just continues walking after his dog defecates. He doesn't know that a rookie patrolman has been watching and observed him fail to clean up his dog's waste. A.J. walks around the corner to find a whole wall of freshly painted graffiti and spray paint cans on the ground. He picks one up to put it in the trash just as the patrolman is walking around the corner to give A.J. an ordinance violation ticket.
A.J. has just been arrested for destruction of property, and a municipal ordinance violation. He pleads with the patrolman and tries to tell him that he was just attempting to clean up the neighborhood. If his case was tried, where would it be found

A)Civil court of general jurisdiction
B)State court of general jurisdiction
C)State court of limited jurisdiction
D)Civil court of limited jurisdiction

Question 52

What is the name of the judiciary intranet

A)FED Net
B)Court Net
C)Court TV
D)J-Net

Question 53

In what 1963 landmark case did the U.S. Supreme Court rule that state courts must provide counsel to indigent defendants in felony prosecutions

A)Gideon v. Wainwright
B)Strickland v. Washington
C)Burger v. Kemp
D)Argersinger v. Hamlin

Question 54

Which of the following reasons may cause a case to be dismissed

A)Inefficient evidence
B)Interests of justice
C)Due process problems
D)All the above

Question 55

Approximately ____ courts across the United States have videoconferencing capability.

A)50
B)150
C)275
D)400

Question 56

The concept of attorney competence was defined by the U.S. Supreme Court in what case

A)Gideon v. Wainwright
B)Strickland v. Washington
C)Burger v. Kemp
D)Argersinger v. Hamlin

Question 57

The Jones family lives in Washington D.C. and has a booming methamphetamine business out of their house. One night a tree falls on their home exposing their operation to the fire department who in turn calls the police.
In deciding whether to prosecute Mr. Jones for his meth lab, the prosecutor is concerned about how the evidence was obtained. When discussing prosecutorial discretion, where would his or her concern fall within

A)Legal issues
B)Victim issues
C)Resource issues
D)Extralegal issues

Question 58

A.J. is a minority who is walking his dog in a city that has an ordinance to make sure people clean up after their dogs. Of course A.J. has never seen this ordinance enforced, so he just continues walking after his dog defecates. He doesn't know that a rookie patrolman has been watching and observed him fail to clean up his dog's waste. A.J. walks around the corner to find a whole wall of freshly painted graffiti and spray paint cans on the ground. He picks one up to put it in the trash just as the patrolman is walking around the corner to give A.J. an ordinance violation ticket.
A.J. is suing the rookie patrolman for defamation of character and racial profiling. He thinks that the patrolman assumed that he was the perpetrator of the graffiti because he is a minority. What can a state court judge do for A.J. in his defamation case

A)Throw the case out of court
B)Reduce the sentence
C)Nothing, this is a civil matter
D)Get the officer to apologize

Question 59

The Jones family lives in Washington D.C. and has a booming methamphetamine business out of their house. One night a tree falls on their home exposing their operation to the fire department who in turn calls the police.
Mr. Jones has requested that a jury be present to hear this case. Where will his case be heard

A)D.C. courts of general jurisdiction
B)US district court
C)Drug court
D)Federal circuit court

Question 60

Prosecutorial discretion is used to:

A)reduce the number of cases to trial.
B)help the charging decision.
C)punish offenders.
D)impose indictment in the state court process.

Question 61

Because of the budget deficit, the US government is looking for ways to cut costs. They have announced a plan to dissemble all state supreme courts or courts of last resort and have all cases appealed from state appellate courts go directly to the US Supreme Court.
What does this decision mean for those people that are on either side of the gun control debate

A)Only one side will be able to have their day in court.
B)The court will be relieved of a backlog of criminal cases.
C)The majority opinion will become the landmark decision.
D)The state supreme court judges will be employed through the federal system.

Question 62

In the federal system prosecutors are known as ___________________ and are appointed by the president.

Question 63

Under the _____________________, the burden is on the state to prove the charges beyond a reasonable doubt.

Question 64

In the ____________________ system of indigent defense, a block grant is given to a lawyer or law firm to handle indigent defense cases.

Question 65

If the prosecutor decides to pursue a case, the charges may later be dropped if conditions are not favorable for a conviction in a process called ____________________.

Question 66

No-drop prosecution policies are also called__________________ prosecution.

Question 67

The ____________________ is used to select judges in more than 30 states.

Question 68

The ____________________ is a way of picking judges through nonpartisan elections as a way to ensure that judges adhere to the high standards of judicial performance.

Question 69

The Supreme Court issues a ____________________ indicating that it has decided to hear a case.

Question 70

The offender's race, gender, and ethnic background are _____________ issues.

Question 71

__________________ counsel is a listing of private bar members who accept cases on a judge-by-judge, court-by-court, and case-by-case basis.

Question 72

The Jones family lives in Washington D.C. and has a booming methamphetamine business out of their house. One night a tree falls on their home exposing their operation to the fire department who in turn calls the police.
At trial, the prosecutor in Mr. Jones's case receives an e-mail that provides an index of previous cases of prosecuting meth dealers where the evidence was obtained in non-traditional ways. What can the prosecutor do with this information

A)Present these cases as evidence
B)Use it in future cases but not this one
C)Videoconference with other prosecutors who have tried these cases
D)Communicate with the police department to prosecute these other cases

Question 73

In a ______ court, the main concern is reducing recidivism.​

Question 74

The __________ courts are the trial courts of the federal system.

Question 75

The federal court system is organized around a ____________________ hierarchy of court jurisdiction.

Question 76

The Jones family lives in Washington D.C. and has a booming methamphetamine business out of their house. One night a tree falls on their home exposing their operation to the fire department who in turn calls the police.
Mr. Jones is angry at his private attorney. He keeps him on retainer for the very reason of potential criminal action against him and his meth business. Mr. Jones has now been placed with a public defender. One major difference between a public and private attorney is:

A)conviction rates
B)sentence lengths
C)quality of representation
D)cost

Question 77

________________prosecution policies require prosecutors to bring charges against domestic abusers regardless of whether the victim participates.

Question 78

____________________ describes the decision a prosecutor makes in whether or not to prosecute a case.

Question 79

The Jones family lives in Washington D.C. and has a booming methamphetamine business out of their house. One night a tree falls on their home exposing their operation to the fire department who in turn calls the police.
At the trial, Mr. Jones's private attorney fails to show up. Because the judge has a busy schedule, he moves forward without the attorney present. What is wrong with what the judge has done

A)He put his own schedule ahead of the schedule of the criminal defense attorney.
B)He violated Mr. Jones's Sixth Amendment rights.
C)He has shown bias toward the prosecution.
D)He has shown bias toward the defense.

Question 80

Because of the budget deficit, the US government is looking for ways to cut costs. They have announced a plan to dissemble all state supreme courts or courts of last resort and have all cases appealed from state appellate courts go directly to the US Supreme Court.
What will the decision to dissemble all state supreme courts mean for the juries that hear the cases on that level

A)The state supreme court will have to lay off the jury members.
B)Juries are not used for US Supreme Court proceedings.
C)Only the best jurors will be selected for the US Supreme Court proceedings.
D)A defendant's Sixth Amendment rights may be violated.