Deck 7: Courts, Prosecution, and the Defense

Question 1

The US Court of Appeals is empowered to hear federal cases, and sometimes retry them, on substantive and procedural issues involving rights guaranteed by the US Constitution.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

The Missouri Bar Plan is a method of picking judges through nonpartisan elections.

Answer 3

True

Question 4

The Sixth Amendment ensures the right public trial.

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

One of the duties of a prosecutor is interviewing witnesses in a criminal case.

Question 11

J-Net is the judiciary's network that allows judges to access the Internet during trials.

Question 12

Closed-circuit televisions make it possible to arraign defendants while they are in police custody.

Question 13

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

Question 14

In specialized courts, judges do not monitor offenders.

Question 15

It is fairly easy for a defendant to prove their attorney is ineffective.

Question 16

There are very strict, formal qualifications for federal judges and fewer qualifications for state judges.

Question 17

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

Question 18

Plea bargaining is rare.

Question 19

Appellate courts try cases after the first trial is appealed.

Question 20

Most judges now videoconference into the courtroom rather than show up in person to trials.

Question 21

If you were 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 22

When the US Supreme Court decides to hear a case, they grant a(n) _________ requesting the transcript of the proceedings of the case for review.

A) landmark decision
B) issuance of legalis
C) writ of certiorari
D) mandate of precedence

Question 23

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 24

Which of the following is not one of the six features of specialized courts?

A) Judges hand down sentences with little information about the offender.
B) Judges closely monitor offenders.
C) The main concern is reducing recidivism.
D) Specialized courts typically collaborate with other public and private agencies.

Question 25

Conviction rates for indigent defendants and for those who hired private attorneys are about the same in federal and state courts.

Question 26

Videoconferencing is being used more frequently across the United States in court systems and is now used in about 400 courts.

Question 27

The legal basis for an independent federal court system is found in:

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

Question 28

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 29

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 30

Public defenders, assigned counsel, and contract systems are three forms of legal representation available to indigent defendants.

Question 31

The Supreme Court chooses to give a full opinion to approximately what number of the 5,000 cases appealed each year?

A) 50
B) 100
C) 300
D) 500

Question 32

The US Supreme Court is composed of ____ members who serve ________ terms.

A) seven; eight-year
B) nine; lifetime
C) nine; limited
D) ten; four-year

Question 33

Once a prosecutor decides to pursue a case, they cannot decide to drop the charges later but must take the case to trial.

Question 34

Which of the following courts would not be considered a specialty court?

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

Question 35

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 36

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 37

Many states have adopted at least some form of the nonpartisan judicial selection known as the ________ Plan.

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

Question 38

Courts of limited jurisdiction are named as such because:

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

Question 39

Courts of general jurisdiction are also known as ______ courts.

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

Question 40

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

Question 41

Courts are not required to provide the assistance of counsel for the accused in which area of the criminal justice system?

A) First mandatory appeal
B) Pre-indictment lineups
C) Initial appearance
D) Preliminary hearing

Question 42

A.J. is an African American man 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 doesn't pick up his dog's waste because he forgot a bag that night. A rookie patrolman observes his failure to clean up after his dog. 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 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. A.J. is ultimately sentenced to the fine of $500 for the dog waste and community service hours until he removes all of the graffiti. 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 African American. 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 43

Prosecutorial discretion is an important part of the criminal justice process because:

A) it causes the system to move more slowly, but more fairly.
B) it keeps the judiciary and defense attorneys from becoming corrupt.
C) it prevents rigid implementation of criminal law.
D) it ensures all cases go to trial.

Question 44

In the federal system, prosecutors are appointed by:

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

Question 45

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 46

The Jones family lives in Washington, DC, 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, which reports the lab to the police. Mr. Jones has requested that a jury be present to hear this case. Where will his case be heard?

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

Question 47

Which of the following is an example of prosecutorial misconduct?

A) Withholding evidence
B) Making disruptive statements in court
C) Influencing juries by impugning the character of the opposing witness
D) All of these are correct

Question 48

The Jones family lives in Washington, DC, 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, which reports the lab to the police. Mr. Jones requests that a jury be present to hear this case. In deciding whether to prosecute Mr. Jones for his meth lab, the prosecutor is concerned about how the evidence was obtained. What factor influencing prosecutorial discretion would this fall under?

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

Question 49

Prosecutorial discretion is used to:

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

Question 50

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 51

What is the name of the judiciary intranet?

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

Question 52

Approximately ____ courts across the United States have videoconferencing capability.

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

Question 53

Which of the following statements is false when comparing public and 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) Conviction rates for defendants with public or private attorneys were about the same.

Question 54

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

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

Question 55

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 56

A.J. is an African American man 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 doesn't pick up his dog's waste because he forgot a bag that night. A rookie patrolman observes his failure to clean up after his dog. 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, which court would it be tried in?

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 57

If a prosecutor decided not to try the case of a first-time offender who had only caused minor harm to the victim, what would have affected this discretion?

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

Question 58

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 59

A.J. is an African American man 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 doesn't pick up his dog's waste because he forgot a bag that night. A rookie patrolman observes his failure to clean up after his dog. 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 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. A.J. is ultimately 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. Which court will review his appeal?

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

Question 60

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 61

The Jones family lives in Washington, DC, 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, which reports the lab to the police. Mr. Jones requests that a jury be present to hear this case. At the trial, Mr. Jones's private attorney fails to show up. Mr. Jones fires his private attorney for not showing at trial and is 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 62

The _______ is an example of court security.

Question 63

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

Question 64

A state supreme court, or ________________, reviews issues of law and fact appealed from trial courts.

Question 65

The _____________________ is the procedure used in courts, pitting the defense against the prosecution with the judge acting as the arbiter of legal rules.

Question 66

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

Question 67

Sentence lengths for defendants with publicly financed attorneys are typically __________ than for defendants with hired counsel.

Question 68

One test for determining the effectiveness of counsel makes the defendant show that the deficient performance of their attorney prejudiced the case to such an extent they were deprived of a _________.

Question 69

The Jones family lives in Washington, DC, 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, which reports the lab to the police. Mr. Jones requests that a jury be present to hear this case. 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 70

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

Question 71

The Jones family lives in Washington, DC, 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, which reports the lab to the police. Mr. Jones requests that a jury be present to hear this case. 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 nontraditional ways. What can the prosecutor do with this information?

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

Question 72

__________________ 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 73

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

Question 74

A(n) ____________________ court reviews the trial process but does not try cases.

Question 75

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 76

Availability of treatment and size of caseloads are examples of ______ issues considered by the prosecutor.

Question 77

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

Question 78

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

Question 79

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

Question 80

________ courts are concerned with reducing recidivism.