Deck 2: Important Aspects of the American Criminal Justice System

Question 1

Most crimes committed in the U.S.are

A)state crimes.
B)federal crimes.
C)both state and federal crimes.
D)both federal and international crimes.

Answer 1

A

Question 2

In our adversary system of justice, the defense and prosecution

A)cooperate to see that justice is done.
B)readily share evidence and information.
C)present their best case and challenge the opponent's case.
D)rarely challenge the admissibility of the opponent's evidence.

Answer 2

C

Question 3

In 1975, Congress enacted the ____________, which had great influence on state rules of evidence.

A)National Standards of Evidence
B)Federal Code of Criminal Evidence
C)National Rules of Evidence
D)Federal Rules of Evidence

Answer 3

D

Question 4

If reliable, relevant evidence is otherwise excludable (e.g.it is privileged or was obtained in violation of the Constitution), such evidence is said to be

A)precluded.
B)incompetent.
C)inconsequential.
D)indefatigable.

Question 5

Under the ____________ rule, the prosecution must disclose exculpatory evidence to the defense.

A)DeAngelis
B)Powell
C)Curtain
D)Brady

Question 6

The Constitution allows, and certain states require, that defendants

A)reveal incriminating evidence.
B)answer questions posed by the police.
C)give notice that they intend to use an alibi or insanity defense.
D)waive their privilege against self-incrimination.

Question 7

The United States, as compared to other industrial democracies,

A)makes more use of the exclusionary rule.
B)gives prosecutors less discretion.
C)has shorter trials.
D)relies less on plea bargaining.

Question 8

The keystone of American federalism is the ________________.

A)U.S.Constitution
B)Bill of Rights
C)Magna Carta
D)separation of church and state

Question 9

To validly enact federal statutes, Congress must be acting within

A)powers granted by the Constitution.
B)authority granted by the United Nations.
C)the scope of consent granted by the States.
D)the bounds of international law.

Question 10

The states and federal government

A)all use the same rules of evidence.
B)all have created the same crimes.
C)use the same court system.
D)have established 51 different legal systems.

Question 11

At the federal level are the federal law enforcement agencies created by ________ to enforce specific federal laws.

A)the President
B)the Legislature
C)the Senate
D)Congress

Question 12

The Federal Rules of Evidence and most state rules of evidence apply in ___________ trials.

A)criminal
B)both civil and criminal
C)civil
D)administrative

Question 13

Reliable evidence is defined as evidence that is likely to be

A)true or accurate.
B)prejudicial to one side or the other.
C)subject to the exclusionary rule.
D)exculpatory.

Question 14

The concept of federalism means that government power is shared between

A)the legislative, executive, and judicial branches.
B)state and federal governments.
C)the federal government and the United Nations.
D)state and local governments.

Question 15

The Tenth Amendment to the U.S.Constitution states that powers not delegated to the United States are

A)reserved to the States or the people.
B)automatically delegated to the federal government.
C)under joint jurisdiction by federal and state governments.
D)ruled by common law.

Question 16

Competent evidence is reliable, relevant evidence that

A)is not excluded by additional rules of evidence.
B)is subject to the exclusionary rule.
C)cannot be heard by the jury.
D)is offered to impeach a witness.

Question 17

If the prosecution destroys evidence important to the defense, this violates a defendant's rights only if the prosecution acted

A)in bad faith.
B)negligently.
C)with carelessness.
D)in violation of a court order.

Question 18

The main actors at the trial are the judge, the _____, the prosecutor, and the defense attorney.

A)investigator
B)victim
C)jury
D)defendant

Question 19

Evidence is not relevant (irrelevant) if it is

A)not related to any fact or issue in the case.
B)subject to a privilege.
C)recognized by judicial notice.
D)exculpatory.

Question 20

In the American ____________ system of criminal prosecution, the government must prove its case by evidence freely and independently secured and may not coerce the defendant to provide evidence.

A)fact finding
B)accusatorial
C)inquisitorial
D)peremptory

Question 21

In the adversary system, each side seeks to present evidence that is most favorable to its position.

Question 22

If the defense loses or misplaces evidence important to the prosecution, it is a violation of due process.

Question 23

The Brady rule requires that the defense disclose clearly exculpatory evidence to the prosecution.

Question 24

The Federal Rules of Evidence must be followed in all state trials.

Question 25

"Competent evidence" is a catch-all term that included reliable and relevant evidence that is not rendered inadmissible by some other rule.

Question 26

Most countries other than the U.S.utilize an inquisitorial system of justice.

Question 27

The American criminal justice system is both accusatorial and adversarial in nature.

Question 28

The United States was the first country in the world to utilize a federal form of government.

Question 29

The American system of justice is basically an adversary system.

Question 30

A conviction obtained by the knowing use of false evidence or testimony violates due process and will be reversed.

Question 31

Any time the prosecution loses, displaces, or destroys important evidence in a criminal case, it is automatically a violation of due process.

Question 32

All jurisdictions in the U.S.utilize the Federal Rules of Evidence.

Question 33

The U.S.Constitution is the supreme law of the land.

Question 34

In our adversary system, the prosecution has no obligation to reveal any evidence to the defense.

Question 35

Nonrelevant evidence is generally admissible.

Question 36

If the prosecution deliberately uses false evidence or perjured testimony to obtain a conviction, the defendant will get a new trial.

Question 37

The U.S.Constitution provides that state judges are not bound by the U.S.Constitution, but by their state constitution.

Question 38

In an adversary system of justice, each side generally conducts separate investigations and generally does not share advance information with the other side.

Question 39

No jurisdiction requires that defendants reveal anything about their case to the prosecution.

Question 40

In the U.S., no state ever requires that the defendant reveal information or possible defenses to the prosecution.

Question 41

In the adversarial system, evidence that a third party committed the crime is likely to be challenged by the ____________.

Question 42

Emergency procedures permit a law enforcement officer or a physician to place a person in a mental health facility who exhibits signs of a mental illness for an initial period of no longer than ______ hours.

Question 43

The legal and ethical obligation of the prosecutor is to seek ____________.

Question 44

If the judge or jury is not allowed to see or hear the evidence, the evidence is said to be ____________.

Question 45

___________ evidence is that which possesses a significant degree of believability.

Question 46

Relevant, reliable evidence may be inadmissible if it is _____________.

Question 47

Delineate and discuss the duties of law enforcement agencies at the local, state and federal levels.

Question 48

The scope of federal criminal jurisdiction under the ____________ Clause is contentious.

Question 49

Under the ____________ rule, the prosecution must disclose to the accused any evidence which is favorable to the accused.

Question 50

At a trial, the ___________ solves questions of law.

Question 51

At a jury trial, the ____________ determines the facts of the case.

Question 52

If evidence potentially favorable to the accused is lost, destroyed, or misplaced, this is a violation of due process only if the government acted in ____________.

Question 53

The system in which power is shared between state and federal governments is called ____________.

Question 54

The jurisdiction of the federal government in interstate commerce issues is often challenged.Use Gonzales v.Rich as a foundation for your discussion.Discuss the situations in which you believe the federal government should become involved.Do you agree with the Gonzales decision? Why or why not? (LO2, 23)

Question 55

What is the Brady rule? Provide an example of a violation of this rule.What are the consequences of a violation of the Brady rule?

Question 56

The U.S.____________ is the supreme law of the land.

Question 57

Define and describe an adversary system of justice.What role do the rules of evidence play in such a system? Be sure to provide examples.

Question 58

Why are some states' rules of evidence different from the federal rules of evidence?

Question 59

The American system of criminal justice is an adversarial one, not a/n ____________ one.

Question 60

In a/n ____________ system of justice, a trial is a battle between two opponents.

Question 61

In terms of lost, misplaced, or destroyed evidence, the Supreme Court has held that a violation of due process has not occurred unless the following is shown:

Question 62

What is an alibi defense, and if used by a defendant, what rules of evidence must be followed?

Question 63

What is the main function of a jury? Why is this duty imposed on the jury?