Question 1

Which of the following does NOT occur at the initial appearance in felony case processing?

Accepted Answer

The defendant typically does not enter a plea at the initial appearance in felony case processing. This usually occurs at a later stage in the process, such as during the arraignment.

Question 2

Those who cannot afford legal representation in court are referred to as __________ defendants.

Accepted Answer

Indigent means lacking the means to support oneself; needy or impoverished. This term is commonly used to refer to individuals who cannot afford legal representation in court.

Question 3

The grand jury's task is to determine if a prosecutor's case is strong enough to warrant a(n) ___________.

Accepted Answer

The grand jury's task is to determine if the prosecutor's case is strong enough to warrant an indictment, which is a formal accusation of a crime that will lead to a trial.

Question 4

Discovery refers to:

Accepted Answer

Discovery refers to the process of sharing information and evidence with the opposing party in a legal case. This allows both sides to prepare their arguments and build their case based on the information that is available.

Question 5

The Federal Jury Selection and Services Act of 1968:

Accepted Answer

The Federal Jury Selection and Services Act of 1968 prohibited the exclusion of individuals based on race, sex, religion, and national origin, among other characteristics.

Question 6

In 1986, the Supreme Court ruled in _________ that a prosecutor's use of peremptory challenges may not include the dismissal of members of the jury pool based solely on their race.

Accepted Answer

Batson v. Kentucky established that it is unconstitutional for prosecutors to use peremptory challenges to dismiss potential jurors based solely on their race. This decision aimed to eliminate racial discrimination in jury selection and ensure fair and impartial trials.

Question 7

Although not widely used, the defense ___________ attempts to provide legal justification for criminal behavior by some African Americans frustrated by oppression resulting from living in a White-dominated society.

Accepted Answer

The defense of black rage attempts to provide legal justification for criminal behavior by some African Americans frustrated by oppression resulting from living in a White-dominated society. Options A and D are not specific to the experience of African Americans and moral outrage is not a defense in criminal law.

Question 8

__________ refers to the practice of jurors acquitting particular defendants despite strong evidence suggesting guilt. It has become increasingly controversial as several prominent African American scholars encouraged Blacks to acquit other Blacks due to perceived mistreatment of African Americans by the courts.

Accepted Answer

The term described in the prompt is "jury nullification," which is the practice of jurors acquitting defendants despite evidence of guilt. This has become controversial due to some advocates encouraging racial bias in the use of jury nullification.

Question 9

A number of states have adopted ____________ sentencing practices that involve offenders receiving a specific amount of time to be served based on the crime for which they were convicted. The move toward this type of sentencing is typically accompanied by the elimination of parole.

Accepted Answer

Determinate sentencing practices involve offenders receiving a specific amount of time to be served based on the crime for which they were convicted. The move toward this type of sentencing is typically accompanied by the elimination of parole.

Question 10

Researchers have identified four reasons why African American and Hispanic defendants receive harsher penalties than their White counterparts. Which of the following is NOT among the reasons?

Accepted Answer

Contextual discrimination, economic discrimination, and blatant racial or ethnic discrimination are all identified reasons why African American and Hispanic defendants receive harsher penalties than their White counterparts. However, "capitulated discrimination" is not one of the identified reasons.

Question 11

Prosecutors primarily rely on the strength of evidence in their decisions to file charges.

Accepted Answer

Prosecutors must have sufficient evidence to establish probable cause that a crime was committed and that the defendant committed the crime before filing charges. The strength of the evidence is a key factor in their decision-making process.

Question 12

In Johnson v. Zerbst, the Supreme Court ruled that all who enter state courts have the right to counsel at all critical stages of the criminal justice process.

Accepted Answer

Johnson v. Zerbst was a United States Supreme Court case that dealt with the right to counsel in federal courts, not state courts. The decision held that defendants in federal criminal trials have the right to counsel under the Sixth Amendment. The right to counsel in all state courts was later established in Gideon v. Wainwright (1963).

Question 13

The research literature has not consistently demonstrated that those represented by public defenders receive harsher sentences than those who use private counsel.

Accepted Answer

While there have been some studies that suggest disparities in outcomes between public defenders and private attorneys, the research literature as a whole has not consistently demonstrated that public defender clients receive harsher sentences.

Question 14

Grand jury hearings involve a prosecutor demonstrating to a judge why charges have been filed and justification for continued processing.

Accepted Answer

Grand jury hearings involve a prosecutor presenting evidence to a grand jury, which then decides whether there is enough evidence to indict someone, without a judge's involvement in the decision-making process.

Question 15

Defendants are typically present during grand jury hearings.

Accepted Answer

Defendants are not typically present during grand jury hearings. Grand jury proceedings are secretive and confidential, and defendants are not entitled to be present or have legal representation during these hearings.

Question 16

Minorities and the poor are more likely than their counterparts to receive a summons informing them of their call to jury duty.

Accepted Answer

Minorities and the poor are not specifically targeted or more likely to receive jury duty summons. Jury duty lists are typically compiled from voter registrations, driver's license or ID card lists, and sometimes tax rolls, without regard to socioeconomic status or minority status.

Question 17

Most states permit convicted felons from serving on juries.

Accepted Answer

Most states in the U.S. disqualify convicted felons from serving on juries, often requiring the restoration of civil rights before they can serve.

Question 18

During voir dire, attorneys are granted an unlimited number of challenges for cause.

Accepted Answer

This is true. Challenges for cause are used when an attorney believes that a potential juror cannot be impartial or fair in the case, and there is no limit to how many challenges for cause each side can make.

Question 19

At trial, defendants offer one of two defenses: an alibi or an affirmative defense.

Accepted Answer

This is true, as defendants may argue that they were not present at the scene of the crime (alibi) or that their actions were justified under certain circumstances (affirmative defense).

Question 20

Defendants who enter a(n) _____________ at trial admit committing the action in question, however, they have legal justification for doing so.

Accepted Answer

The answer of Defendants who enter a(n) _____________ at trial...

Quiz 12: Courts and Multiculturalism