Textbook - America's Courts and the Criminal Justice System by David W Neubauer 9th Edition
1. Which stage in the criminal justice process involves a hearing to determine if probable cause exists to hold the accused?
A. Preliminary hearing
B. Booking
C. Arraignment
D. Trial
2. Which model emphasizes individual rights?
A. Crime control model
B. Due process model
C. Consensus model
D. Conflict model
3. Which model emphasizes the efficient arrest and conviction of criminal offenders?
A. Consensus model
B. Conflict model
C. Due process model
D. Crime control model
4. The process that is based upon the defendant's claim that rules of procedure were not properly followed at some earlier stage in the justice process of that the defendant was denied his/her rights is known as
A. Criminal justice process.
B. Appeals process.
C. Due process.
D. Crime control process
5. Law in action refers to
A. Public opinion regarding the behavior of the police,
B. The debate between conservatives and liberals.
C. Those factors governing the actual application of the law.
D. The enforcement of the law and the maintaining of order.
E. None of the above.
6. During which part of the disposition process must the prosecutor prove probable cause in order to have the defendant held for further proceedings?
A. Arraignment
B. Bail hearing
C. Plea bargaining
D. Preliminary hearing
E. Grand jury proceeding
7. One of the most fundamental protections of the individual is the presumption of innocence. What is the burden of proof requirement prosecutors must meet in a civil trial?
A. Preponderance of the evidence
B Strict scrutiny of the evidence
C. Circumstantial evidence
D. Beyond a reasonable doubt
E. None of the above
8. The idea that some persons are considered legally incapable of forming criminal intent and therefore they cannot be held criminally responsible for their actions is called
A. Cruel and unusual punishment.
B. A legal defense to criminal prosecution.
C. Abusing the system.
D. Unfair.
E. None of the above.
9. Inconsistencies within the criminal code are caused by
A. Runaway juries.
B. Competing interest groups.
C. Piecemeal changes by state legislatures.
D. Judges who are elected rather than appointed.
E. None of the above.
10. The biggest concern facing criminal courts as a result of changes in the criminal law involve
A. Plea bargaining to lesser offenses.
B. Inconsistencies in types of laws.
C. Increased sentences for crimes.
D. All of the above.
E. None of the above.
11. Which of the following statements best describes changes in rape/sexual assault law?
A. The common law rules have changed little in the last decades.
B. Court decisions have been principally responsible for change.
C. Lobbying the legislature has been a major reason for change.
D. Rape/sexual assault laws are now fairly uniform across states.
12. What does stare decisis mean?
A. Let the defendant take the stand.
B. Let the decision stand.
C. Let justice prevail.
D. Let the decision be reviewed.
13. The United States Supreme Court uses which of the following procedures to decide which cases to hear?
A. Writ of certiorari
B. The rule of four
C. The rule of four and the writ of certiorari
D. The United States Supreme Court must hear all cases that reach that level.
14. Which of the following are constitutional courts, established by Congress under Article III of the Constitution?
A, The United States Supreme Court and the Courts of Appeals
B. The federal Courts of Appeals and bankruptcy courts
C. Tax courts and bankruptcy courts
D. The United States Supreme Court and tax courts
15. This double jeopardy clause of the Amendment prevents trial by the same government for the same offense.
A. First
B. Second
C. Fourth
D. Fifth
E. None of the above
16. The "rule of four" requires
A. Four justices to agree to hear a case that has been appealed to the U.S. Supreme Court.
B. The case to have been heard by four different judges before being appealed to the U.S. Supreme Court.
C. The case to have been appealed four times before being heard by the U.S. Supreme Court.
D. Each side to have four attorneys to argue the case before the U.S. Supreme Court.
E. None of the above.
17. Article III of the U.S. Constitution
A. Did not provide for a federal District Court system.
B. Set up a federal District Court system.
C. Prohibited Congress from creating additional federal courts.
D. Created trial courts but not appellate courts.
18. The dual court system of the American judiciary refers to the fact that
A. There are at least two courts of appeal in each state.
B. There is a national court structure and a court structure in each of the 50 states.
C. Most courts have two jurisdictions that enable them to hear different cases.
D. An individual has the right to appeal to the Intermediate Court of Appeals, then the U.S. Supreme Court.
E. None of the above.
19. Juries are never used in which of the following courts
A. Municipal and lower level courts.
B State courts of general jurisdiction.
C. Appellate-courts.
D. U.S. District Courts.
E. None of the above.
20. How many U.S. District Courts are there in each state?
A. There are 2 in each state
B. There may be 1 for several states
C. They are distributed according to population
D. There is at least 1 per state
E. None of the above
21. U.S. Magistrates can do all of the following except
A. Sentence misdem.eanor defendants.
B. Supervise civil discovery.
C. Conduct civil trials with the consent of the litigants.
D. Sentence felony defendants.
E. Conduct the preliminary stages of criminal cases.
22. Judicial bodies established by Congress under Article I are known as
A. Constitutional courts.
B. Legislative courts.
C. -inferior courts
D. Trial courts
E.. None of the above
23. Specialized courts have been called
A. Therapeutic jurisprudence.
B. Reformed jurisprudence.
C. Social justice jurisprudence.
D. Adversarial jurisprudence.
24. Which of the following represent(s) court unification?
A. Centralized election of judges
B. Integration of the federal and state judicial systems
C. Centralized jury selection -
D. Centralized judicial budgeting
E. None of the above
25. Which statement is true about the courts in the early 1800s?
A. They were very complex
B. Legislatures tried to assume much of the judiciary's power
C. There was little difference in courts among the states
D. All of the above
E. None of the above
26. A court is said to have "limited jurisdiction" when it
A. Deals only with the pretrial stages of a case.
B. Hears only juvenile matters.
C. Handles only minor cases.
D. Hears a limited number of cases in a given year.
27. Trial courts of general jurisdiction are
A. Limited to misdemeanor cases.
B. Unlimited as to what they may hear.
C. Limited to civil cases.
D. Limited to felony cases
28. Judicial reform is opposed by
A. American Bar Association.
B. Local governments.
C. American Judicature Society.
D. State governments.
E. League of Women Voters.
29. A prosecutor who decides not to prosecute because a jury would be unlikely to convict is exercising what sub-component of discretion?
A. Policy priorities
B. Personal philosophy
C. Whim
D. Legal judgment
E. None of the above
30. Which of the following contribute to the generally low status of the criminal courthouse?
A. Location and the need for severe security measures.
B. Disturbances, even in the courtroom, are common.
C. A large measure of "hallway bargaining".
D. All of the above.
E. None of the above.
31. Which of the following is NOT an impact of courtroom work groups?
A. Informal patterns of authority
B. Shared norms
C. Reallocation of values
D. Socialization of new members
E. None of the above
32. Why is the goal of "doing justice" difficult to achieve?
A. There is no agreement as to the meaning of "justice".
B. There is no agreement as to what should be the "end product" of a trial.
C. There is no ready way to evaluate whether 'justice" is actually being done.
D, All of the above.
E. None of the above.
33. In Barker v. Wingo the U.S. Supreme Court
A. Ruled that it was unconstitutional for prosecutors to determine case scheduling.
B. Ruled that it was constitutional for prosecutors to determine case scheduling.
C. Refused to set a precise time frame for the Sixth Amendment right to a speedy trial.
D. Set a precise time frame for the Sixth Amendment right to a speedy trial.
E. None of these.
34. Which of the following is true of the Speedy Trial Act of 1974 (amended in 19.79)?
A. It applies to state cases through the 14th Amendment.
B. Although it establishes a time period from indictment to trial, there is no specified period between arrest and indictment.
C. It establishes periods of "excludable" time.
D. None of the above.
35. Despite their potential ability to improve the efficiency of the court, court administrators have encountered opposition form
A. fudges.
B. Defense attorneys.
C. Prosecutors.
D. All of the above.
36. With this method of prosecution, separate prosecutors are assigned to specific functions, such as initial appearance, charging, preliminary hearing, grand jury, trial, and appeal
A. Vertical prosecution.
B. Horizontal prosecution.
C. Defendant-centered prosecution.
D. Victim-centered prosecution.
37. This type of prosecutor is very dissatisfied with the status quo and is prepared to do battle to change it. Also, they do not shy away from open conflict
A. Office conservator.
B. Policy reformer.
C. Courthouse insurgent.
D. None of the above.
38. Which statement best describes the prosecutor's work within the courtroom work group?
A. Prosecutors have less information about cases than judges
B. Prosecutors are influenced by the shared norms of the group
C. Prosecutors have so much discretion that they are not influenced by the other members of the work group
D. Prosecutors have few sanctions to impose on defense attorneys
E. None of the above
39. The position of prosecutor is distinctive because
A. It is concerned with all aspects of the criminal justice process from arrest to sentencing.
B. Its only purpose is to determine guilt or innocence.
C. It is the only elected position in the criminal justice system.
D. It is the only position that has the power of discretion.
E. None of the above.
40. Small prosecutors' offices employ prosecution, whereas big-city prosecutors' offices employ prosecution.
A. Relaxed, pressure
B. Vertical, horizontal
C. Horizontal, vertical
D. Parallel, perpendicular
E. Administrative, procedural
41. Vertical prosecution implies
A. One prosecutor is assigned responsibility for a case from intake to appeal.
B. The case is first tried by the lowest-ranking prosecutor at trial, up to the district attorney who handles the appeals:
C. The case can be appealed directly to the state Supreme Court.
D. The case is tried from a top-down approach.
E. None of the above.
42. One of the causes of tension between prosecutors and police is that the police seek whereas prosecutors pursue
A. Victims, witnesses
B. Arrests, convictions.
C. Criminals, defendants.
D. Justice, truth.
E. None of the above.
43. Prosecutors depend on the police for their raw material, but prosecutors have no direct supervisory authority over the police. If prosecutors disapprove of the kinds of cases police forward for prosecution or consider the evidence poorly prepared, the prosecutor may
A. Discipline the officers involved.
B. Give police feedback by refusing to charge such cases.
C. Conduct in-service training for the police on the evidentiary requirements for prosecution.
D. All of the above.
44. United States attorneys are
A. Supervised by the chief judge in the judicial district to which they are assigned.
B. Supervised by the U.S. attorney general.
C. Supervised by the senators of the state in which the attorney works.
D. Independent of any supervision by another government official; U.S. attorneys are directly accountable to the voting public.
E. None of the above.
45. This Supreme Court case allowed defendants to actpro se in their own criminal prosecutions
A. McKaskle v. Wiggins.
B. Martinez v. California.
C. Douglas v. California.
D. Faretta v. California.
46. Plea bargaining for their clients fulfills the defense attorney's role of
A. Drafting.
B. Negotiating.
C. Fighting.
D. Administrating.
E. Counseling.
47. Defendants often do not trust their attorneys. This lack of trust is made worse by
A. Hurried and infrequent communication between attorney and client.
B. Zone representation, in which the defendant has a different public defender at each stage in the process.
C. The defendant's impression that the attorney will not work hard on the case because the attorney receives the same fee (if retained counsel) or the same salary (if a public defender) whether the case is won or lost.
D. All of the above.
48. For an appellate court to overturn a verdict on the judgment of "ineffective assistance of counsel", the court must find
A. That the defense attorney violated the state bar's guidelines.
B. That the outcome would have been different if counsel had not been ineffective.
C. That the defense attorney broke the law.
D. That the defense attorney failed to take all necessary steps to defend his or her client.
B. All of the above.
49. The type of legal representation system that involves the appointment by the court of private attorneys from a list of available attorneys, is called a(n)
A. Contract system.
B. Assigned counsel system.
C. Pro Bono system.
D. PUblic defender system.
E. None of the above.
50. Which Supreme Court decision held that indigent defendants in serious criminal cases must be provided with free legal counsel?
A. Belts v. Brady
B. Furman v. Georgia
C. Gideon v. Wainwright
D. Johnson v. Zerbst
E. Haynes v. Florida
51. The case in which the U.S. Supreme Court extended the right of indigent juveniles to defense counsel was
A. Gideon V Wainwright.
B. Betts v. Brady
C. In re Gault.
D. Argersinger v. Hamlin
E. Scott v. Illinois
52. In , the Court extended the right to counsel for indigent defendants to misdemeanor cases if the penalty included the possibility of incarceration.
A. Argersinger v. Hamlin (1972)
B. Gideon v. Wainwrght (1963)
C. Powell v. Alabama (1932)
D. Scott v. Illinois (1979)
53. Which of the following would be unethical for a defense attorney to do?
A. To try to cast doubt on testimony of the victim that the defense attorney knows to be true.
B. To try to suppress truthful evidence from being admitted at trial.
C. To make statements to the judge that defense counsel knows to be false in order to obtain retrial motions.
D. All of the above.
54. Which of the following plays a major role in the selection of Federal judges, but does not have a formal role?
A. The Senate
B. The American Bar Association
C. The Deputy Attorney General
D. The Chief Justice of the Supreme Court
. None of the above
55. In the process of selecting federal judges, the term "senatorial courtesy" refers to
A. The custom of U.S. Senators of the President's party to support his nominee.
B. The custom of senators to reject a nominee to a vacancy in a state if the senator of the state rejects him or her.
C. The custom of inviting the President to attend sessions of the Senate.
D. All of the above.
56. Gender bias is a problem
A. Created by the courts.
B. Reflecting prevailing attitudes of society.
C. Affecting only men.
D. That does not occur in the courts.
E. None of the above.
57. The custom of senatorial courtesy
A. Encourages courteous behavior on the floor of the Senate.
B. Gives senators the power to appoint state court judges.
C. Gives a senator of the president's party an influence in the selection of the district court judges when vacancies occur in his or her state.
D. Requires the House of Representatives to vote for Senate-approved judicial nominees,
58. Conviction on an impeachment requires
A. Two-thirds vote of senators present.
B. Two-thirds vote of the House.
C. Unanimous decision of the Supreme Court.
D. Two-thirds vote of the Judiciary Committee.
E. Two-thirds vote of the House of Delegates of the American Bar Association.
59. Complaints about the conduct of federal judges are first considered by
A. The Chief Justice.
B. Administrative Office of the U.S. Courts.
C. Judicial councils.
D. Judicial conference.
E. Chief Judge of the District Court.
60. Studies investigating the relationship between the victim and defendant found that in half of all felony arrests
A. The victim was seriously injured.
B. The victim had some prior relationship with the defendant.
C. The victim was female.
D. The defendant used a deadly weapon.
E. None of the above.
61. dealt with the subject of victim impact statements.
A. Payne v. Tennessee.
B. Duncan v. Louisiana.
C. Baldwin v. New Jersey.
D. Williams v. Florida.
E. None of the above.
62. In the Uniform Crime Reports, major crimes such as homicide or robbery are part of a category of crimes referred to as
A. First-degree crimes.
B. Index offenses.
C. Primary offenses.
D. Misdemeanors.
E. Capital crimes.
63. The criminal justice wedding cake model suggests
A. Criminal justice processing involves layers of appeals.
B. Different crimes get different attention based on notoriety.
C. Case processing is best understood as involving separate stages.
D. Crime can be a sweet business.
E. None of the above.
64. What is the standard of causation the prosecutor must meet in order to bind over a defendant accused of committing a crane?
A. Preponderance of the evidence
B. Probable cause
C. Beyond a reasonable doubt
D. Clear and convincing evidence
E. Absolute proof
65. stated that an arrested person is entitled to a timely hearing before a neutral judge to determine whether probable cause exists to detain the defendant prior to trial.
A. Brady v. United States
B. Butterworth v. United States
C. Gerstein v. Pugh
D. McNabb v. United States
E. None of the above
66. When a defendant is released based only on their promise to return for trial, it is called
A. Unsecured bail
B. Conditional release
C. Release on recognizance (ROR)
D. Third party custody
E. In loco parentis
67. This type of warrant is used to take a person into custody when they have skipped bail
A. Bench warrant.
B. Arrest warrant.
C. Search warrant.
D. Bond warrant.
68. Preventive detention is aimed at denying pre-trial release to defendants who
A. May not return for trial.
B. Are viewed as a threat to the community.
C. Have no links to the community.
D. All of the above.
E. None of the above.
69. Which Amendment to. the U.S. Constitution provides that "excessive bail shall not be required?"
A. 5th
B. 6th
C. 8th
D. 9th
E. 14th
70. Mandatory disclosure of some kinds of prosecution evidence is required. The Supreme Court held in Brady v. Maryland that due process requires
A. The prosecution fully disclose everything that it has discovered during the police investigation.
B. The prosecution disclose all evidence that it intends to introduce at trial.
C. The prosecution disclose evidence that is favorable to the defense.
D. The prosecution disclose evidence that is favorable to the defense only if it is requested by the defense.
E. The prosecution disclose evidence that the defendant lied before the grand jury.
71. The case of .app v. Ohio concerned
A. Forced confessions.
B. Failure to provide a warrant.
C. Searches without a warrant.
D. All of the above.
E. None of the above.
72. The principle that illegally seized evidence cannot be used against the defendant at trial is known as the
A. Exclusionary rule.
B. 5th Amendment.
C. Protection against self-incrimination.
D. Reasonableness rule.
E. Breaking and entering.
73. In which landmark case did the Supreme Court rule that defendants must be allowed to have their attorneys present during interrogation?
A. Mapp v. Ohio
B. Terry v. Ohio
C. Miranda v. Arizona
D. Edwards v. Arizona
E. Gideon v. Wainwright
74. Who has the burden of proof in proving that a defendant's confession is constitutional? -
A. The defense attorney
B. The prosecutor
C. The judge
D. The jury
E. The police officers
75. With this type of plea agreement, a plea of guilty is entered in exchange for a promise of
A, Leniency in sentencing.
B. Count bargaining.
C. Charge bargaining.
D. Felony bargaining.
E. Sentence bargaining.
76. This Supreme Court case stated that a defendant could enter a plea of guilty while maintaining his innocence
A. Boykin v. Alabama.
B. Bordenkircher v. Hayes.
C. Alford v. North Carolina.
D. Santobello v. New York.
77. This Supreme Court case stated that a prosecutor's office must keep any promises made to the defendant in obtaining a plea bargain
A. Santobello v. New York.
B. Bordenkircher v. Hayes.
C. Boykin v. Alabama.
D. Alford v. North Carolina.
78. A type of plea in which the defendant pleads guilty but maintains his innocence is called a(n)
A. Insanity plea.
B. Innocence plea.
C. Alford plea.
D. Common occurrence.
E. None of the above.
79. According to this Supreme Court case, a 12-member juries is not a constitutional right -
A. Blanton v. City of North Las Vegas.
B. Williams v. Florida.
C. &View v. Georgia.
D. Duncan v. Louisiana.
80. Which of the following lists the primary proceeding of a typical trial in correct order from beginning to end?
A. Direct examination, cross-examination, opening statements, closing arguments.
B. Opening statements, prosecution's case, defendant's case, closing arguments.
C. Closing arguments, defendant's case, prosecution's case, opening statements.
D, Opening arguments, defendant's case, prosecution's case, closing arguments.
81. In what Amendment is the right to a trial by jay for criminal trials found?
A.1st
B.5th
C.6th
D.7th
E.14th
82. When defense attorneys exclude jurors without explanation, they are exercising a
A. Voir dire.
B. Challenge for cause.
C. Peremptory challenge.
D. Exclusionary rule.
E. Selection bias.
83. The case of Taylor v. Louisiana
A. Ruled that women cannot be excluded from juries.
B. Gave African Americans and Hispanics the right to be jurors.
C. Exempted postal workers from jury duty.
D. None of the above
84. According to the Supreme Court in Thompson v. Oklahoma, defendants who were or younger at the time they committed murder may not be executed.
A. 18 years old
B. 17 years old
C. 16 years old
D. 15 years old
85. The idea that, by punishing the. criminal, others will be dissuaded from breaking the law is known as
A. Retribution.
B. General deterrence.
C. Special deterrence:
D. Just desserts.
E. Capital punishment.
86. For a death penalty law to be constitutional, the Supreme Court ruled it must provide for a
A. Proportionality review.
B. Stochastic process.
C. Bifurcated process.
D. Retribution process.
E. Appeal process.
87. The U. S. Supreme Court ruled in Wilson v. Seiter that
A. The prisoner must show a "deliberate indifference" on the part of prison officials to unconstitutional prison conditions.
B. The prisoner must prove that prison conditions violated the Fifth Amendment due process clause.
C. The prisoner must prove that prison conditions violate the due process clause of the Fourteenth Amendment
D. None of the above.
88. What is the primary purpose of a pre-sentence investigation?
A. To help the judge select an appropriate sentence by providing information about the crime and criminal.
B. To ensure that all the facts relevant to the case came out at trial.
C. To determine whether the jury followed all of the judge's instructions.
D. To eliminate any chance of bias or discrimination based on race.
E. None of the above.
89. The move toward determinate sentencing was based on
A. The concept of rehabilitation.
B. A desire to give judges more discretion in sentencing.
C. An effort to provide more certainty of punishment and incarceration length.
D. All of the above.
E. None of the above.
90. Many people believe that a lack of sentencing uniformity is desirable because
A. The punishment should fit the crime.
B. The punishment should fit the criminal.
C. Different judges have different ideas on the proper sanction.
D. Insistence on uniformity would create administrative havoc within the system.
E. None of the above.
91. This court was known for its attention to the areas of civil liberties and civil rights
A. Burger Court.
B. Goldberg Court.
C. Rehnquist Court.
D. Warren Court.
92. Through , appellate courts shape the law in response to changing conditions of society.
A. En bane reviews
B. Habeas corpus relief
C. Policy formulation
D. Majority opinions
E. None of the above
93. Prosecutors may file a(n) on certain pre-trial rulings that substantially hinder the state's ability to proceed to trial.
A. Writ of interruption
B. Interlocutory appeal
C. Jurisdictional appeal
D. Appeal of wrongful decision
E. Objection
94. The purpose of a writ of habeas corpus is
A. To prevent the government from jailing citizens without ever filing chargeS.
B. To hold someone who may be guilty of a crime longer than 72 hours.
C. To allow the courts to detain someone without filing charges.
D. To move a case from a state court to federal court.
E. None of the above.
95. When a court affirms the decision of the lower court without providing a written opinion, that decision is called a(n)
A. Summary affirmation.
B. Writ of certiorari.
C. Unpublished opinion.
D. Simple confirmation.
E. None of the above.
96. How many appeals does the losing party have a right to?
A. Two
B. Zero
C. One
D. Unlimited
97. In appellate courts, decisions are made by a(n)
A. Individual.
B. Group.
C. One judge.
D. None of the above.
98. Appellate courts are usually made up of
A. One judge.
B. Two judges.
C. Three judges.
D. Three or more judges.
99. All of the following are true regarding Alternative Dispute Resolution (ADR), except
A. ADR programs seek to settle disputes by less adversarial
means than traditional legal processes.
B. ADR programs seek to eliminate the use of attorneys in solving disputes.
C. ADR programs function as alternatives to going to court.
D. ADR programs focus on civil matters.
100. In Argersinger v. Hamlin, the Supreme Court held
A. All misdemeanor defendants have a right to counsel.
B. Misdemeanor defendants have the same right to counsel as felony defendants.
C. Misdemeanor defendants sentencing to jail have a right to counsel.
D. Misdemeanor defendants who can't post bail have a right to counsel.
E. None of the above.
101. This Supreme Court decision held that juvenile delinquents have no constitutional right to a trial by jury
A. In re Gault.
B. &hall v. Martin.
C. Aragersinger v. Hamlin
D. McKeiver v. Pennsylvania.
102. This juvenile proceeding is the equivalent to the trial in adult court
A. Conference.
B. Intake decision.
C. Adjudicatory hearing.
D. Disposition.
103. What model of the law is followed in juvenile proceedings?
A. Civil law
B. Justinian law
C. Criminal law
D. Roman law
E. Common law