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Ch. 5-10 Quiz-Court
Chapter 5 Quiz-Court
| Question | Answer |
|---|---|
| The pressure to move criminal cases through the courts is often referred to as: | Assembly line justice |
| In Barker v. Wingo, the U.S. Supreme Court held that the right to a speedy trial: | is relative, not absolute. |
| The person who sits to the side and lower than the judge's bench is known as the: | Clerk of court |
| Criminal courts in many jurisdictions have three distinct sets of court managers. Which of the following is not one of those three? | Prosecutor |
| Considered "first among equals," this person has general administrative responsibilities not assigned to his or her peers. | Chief judge |
| By the 1980s, every state had established this position, which entails preparing annual reports, summarizing caseload data, preparing budgets and other duties. | Court administrator |
| Newcomers to the courtroom workgroup learn important informal norms of cooperation through a process of: | socialization |
| Various studies have found that speedy trial laws have had limited impact in speeding up the flow of cases through the state criminal court process. The primary reason is that most state laws: | fail to provide the court with adequate and effective enforcement mechanisms. |
| One study showed that courts with a hierarchical structure processed felony cases significantly faster than other courts. | True |
| Legal ethics is of critical importance because the American legal system is based on the adversarial system, which stresses verbal combat between opposing viewpoints. | True |
| Most trial court cases, criminal or civil, present no disputed questions of law or fact. Rather, most case dispositions reflect: | routine administration |
| is is best defined as the lawful ability of an agent of government to exercise choice in making a decision: | discretion |
| The three major subcomponents of discretion in legal judgments include all of the following, except: | legal definitions |
| It has been proposed that the best way to analyze the network of ongoing relationships among the courthouse actors is through the concept of the: | courtroom workgroup |
| While all of the actors within the courtroom have different responsibilities and different ethical duties, as a group, they do come to share a common interest in | disposing of cases |
| Legal actors categorize crimes on the basis of the typical manner in which they are committed, typical social characteristics of the defendants, and types of victims. This phenomenon has been labeled a | normal crime |
| This refers to the study and analysis of what constitutes good or bad conduct. | Ethics |
| The primary responsibility for establishing and enforcing professional standards of conduct for the legal profession rests with each state's | Highest court |
| The provision "in all criminal prosecutions, the accused shall enjoy the right to a speedy trial," is found in which Amendment to the United States Constitution: | Sixth Amendment |
| Speedy trial statutes exist in all 50 states, and ________ states also have a specific speedy trial provision in their state Constitution. | 35 |
| Which of the following is an example of a discretionary decision based on legal judgments? | Refusing to file a criminal charge because of insufficient evidence |
| Shared decision-making among the members of the courtroom work group is highly functional because: | it diffuses responsibility amongst the members. |
| The "law in action" approach to court delays focuses on resources and procedures. | False |
| Plea bargaining was developed as a response to the dramatic increase in crime that began to overwhelm court systems in the 1960s. | False |
| A National Center for State Courts study showed that there is a direct relationship between the level of court resources and court delay. | False |
| A key characteristic of the American prosecutor is: | broad discretion |
| The only aspect of their jobs where appellate courts have placed restrictions on prosecutorial power is during: | the trial |
| These individuals are primarily responsible for processing the large volume of minor criminal offenses disposed of in a state's lower courts | local prosecutors |
| Ethical issues facing prosecutors are very different from those confronting defense attorneys because prosecutors: | do not represent individual clients |
| One of the dominant legal ethics issue confronting prosecutors is: | disclosure of evidence |
| Community prosecution has three elements: 1) change is more likely to occur through cooperative efforts or partnerships, rather than prosecutorial dictates, 2) the most effective results are obtained within small, manageable geographic areas, and 3): | crime prevention is recognized as a legitimate prosecutorial goal. |
| In vertical prosecution, one prosecutor is assigned responsibility for a case from intake to appeal. | True |
| State attorneys general often have to limit their civil responsibilities due to an increasing number of criminal cases that they are required to deal with. | False |
| The person holding the office of Solicitor General is often referred to as the "tenth justice.. | True |
| The office of prosecutor is part of the judicial branch of government. | False |
| In recent years the Supreme Court has expressed repeated concern about prosecutorial misconduct. Despite this, the Court has decided that prosecutors--when acting as courtroom advocates--enjoy absolute immunity from | civil lawsuits |
| In addition to broad discretion, another key characteristic of the office of the prosecutor is: | decentralized organization |
| Prosecutions in federal courts are conducted by the: | U.S. Department of Justice |
| Representing the Executive branch of the U.S. government before the Supreme Court is the: | Solicitor General |
| rving as the nation's principal litigators under the direction of the attorney general are | U.S. Attorneys |
| Which of the following is not one of the statutory responsibilities of U.S. attorneys? | Advise on the constitutionality of statutes passed by state legislatures. |
| The position of state Attorney General, a state's chief legal officer, is typically defined in that state's: | constitution |
| Ninety-five percent of the chief prosecutors in the United States are: | locally elected officials |
| Most assistant district attorneys are hired immediately out of law school, and work an average of ________ before going into private practice. | 3-6 years |
| Over the past decades, this has become increasingly common in chief prosecutor's offices, particularly in densely populated jurisdictions. | specialization |
| According to the Criminal Justice Standards of the ABA: The duty of the prosecutor is to: | "seek justice, not merely to convict." |
| A prosecutor should not institute criminal charges when they are not | supported by probable cause |
| The prosecutor is the most important member of the: | courtroom workgroup |
| Directly affecting the likelihood of the prosecutor's obtaining a conviction is the thoroughness of police investigations and the: | quality of their arrests |
| Compared to their counterparts in England and Europe, American prosecutors enjoy unmatched independence and discretionary powers. | True |
| The Constitution's provision regarding the right to counsel is found in the: | Sixth Amendment |
| is standard is used in determining the proper criterion to be applied in making a determination of the ineffectiveness of counsel | Objective standard of reasonableness |
| According to studies, the most important differentiation within the legal profession involved: | which clients were served |
| For defense attorneys the three most important factors in setting the fee are the client's ability to pay, the amount of time it will take to deal with the case, and the: | seriousness of the offense |
| The primary advantage of the contract systems for providing representation for indigent defendants is that they purportedly: | limit the costs the government must pay |
| A study conducted by the National Center for State Courts comparing private attorneys to defense attorneys for the indigent drew all of the following conclusions, except: | indigent defense attorneys were less likely to achieve a favorable outcome in a criminal appeal than private counsel. |
| Appellate courts must reverse a conviction based on ineffective assistance of counsel only if the proceedings were fundamentally unfair and the outcome would have been different if counsel had not been ineffective. | True |
| A judge may deny self-representation if the defendant does not have expert knowledge of criminal law and procedure.. | False |
| The availability of lawyers willing to serve as assigned counsel is directly related to financial compensation. | True |
| "In our adversary system of criminal justice, any person, hauled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him..." is a quote from which U.S. Supreme Court case? | Gideon v. Wainwright |
| The Supreme Court has ruled that a defendant is guaranteed the right to legal counsel, paid for by the state if necessary, only in cases that actually lead to: | imprisonment |
| A defendant is entitled to legal representation at every stage of the prosecution "where substantial rights of the accused may be affected." This is known as the: | critical stages test |
| Indigents have a right to court-appointed counsel from the time they first appear before a judge until: | conclusion of the first appeal |
| Criminal defendants have a right to proceed pro se, which means they can: | represent themselves |
| How defense attorneys seek to reach the best solution possible for their client is directly related to: | their relationship with the courtroom workgroup |
| Prosecutors assess a defense attorney in terms of: | easonableness |
| This system involves the appointment of private attorneys from a list of available attorneys to represent indigent defendants. | assigned counsel system |
| Which of the following is not true regarding privileged communications between a client and his or her attorney? | Only a judicial subpoena can force disclosure. |
| Many public defender offices are organized on a _ basis such as initial appearances or preliminary hearings, which can partially explain the breakdown of trust between clients and public defenders | zone |
| At the core of legal ethics is the notion that: | every party is entitled to legal representation |
| Which of the following is not one of the duties defense attorneys owe to their clients? | Communicating only those formal offers that the attorney deems necessary. |
| During which of the following stages is a defendant not entitled to an attorney? | grand jury |
| Which of the following would represent a conflict of interest for a criminal defense attorney? | Representing two clients who have opposing interests. |
| The duty of "candor to the tribunal" is the most important responsibility that all lawyers owe to the courts. | True |
| A mentally ill defendant who is deemed competent to stand trial is therefore competent to represent himself.. | False |
| Terms of office for state court judges commonly range from 6 years to: | 10 years |
| e of the most frustrating aspects of being a judge is ________ and the corresponding administrative problems. | high caseload |
| Although this organization plays no formal role in the screening of nominees for the federal bench, it has historically played an influential role. | American Bar Association |
| The sole question in this kind of election is, "Should Judge X be retained in office?" | Retention |
| Systems for removing or disciplining unfit judges must strike a balance between judicial accountability and: | judicial independence |
| Formal methods for removing unfit judges are cumbersome and seldom used, and include recall elections and: | impeachment proceedings |
| Of all the actors in the criminal justice process, the public hold the judge most responsible for ensuring that the system operates fairly and impartially. | True |
| Special interest groups are prohibited from attempting to influence who is nominated and confirmed for federal judgeships. | False |
| One study found that appointed judges reversed criminal convictions for constitutional violations at a significantly higher rate than did elected judges. | True |
| Many court positions--like bailiffs, clerks, and court reporters--are usually not covered by civil service and judges can award those positions to persons of their choosing. This is called: | patronage power |
| Although judges retain the formal legal powers of their office, they often informally share these powers with: | members of the courtroom workgroup |
| Before the President nominates a person for a federal judicial vacancy, this practice is usually employed to determine who the nominee might be. | Senatorial courtesy |
| To select at least some of their judges, more than half the states use some form of: | election mechanism |
| This method for selecting judges involves the establishment of a judicial nominating commission who suggest a list of qualified nominees to the governor. | Merit selection |
| This system of judicial selection elevates a higher percentage of persons who have held local political office to the position of judge. | Election |
| On the federal and state level, approximately ________ of judges are women. | 27% |
| In 1960, California became the first state to employ this agency (an arm of the state's highest court), as a means of disciplining judges—a model now followed by all states. | Judicial Conduct Commission |
| f it receives a report from a judicial council, this agency may recommend that the U.S. House of Representatives begin impeachment proceedings against a federal judge. | Judicial Conference |
| This Article of the Constitution provides the mechanism for removal of federal officials, including federal judges, for crimes of "treason, bribery, or other high crimes and misdemeanors." | Article II |
| Critics of selecting judges by partisan or non-partisan elections assert that elections are fundamentally inconsistent with the principle of: | judicial independence |
| To remove a federal judge, the House must first vote articles of impeachment specifying the specific charges, which is equivalent to a(n): | grand jury indictment |
| Accusations of improper conduct by judges often reflect: | a lack of understanding of the role of judges in the adversary system |
| An analysis of more than 2100 written opinions indicated that, when it came to their decisions, male and female federal district court judges: | were not significantly different |
| In carrying out the responsibilities of the office, judges mainly react to the work of prosecutors and defense attorneys. | True |
| The U.S. Constitution specifies that the president has the power to nominate judges with the advice and consent of the House of Representatives. | False |
| It is estimated that over 70% of all serious criminal offenses are committed by roughly 7% of offenders. This group of offenders is commonly referred to as: | career criminals |
| Typical felony defendants are drawn from what sociologists call the: | urban underclass |
| Because many victims and witnesses are reluctant to become involved in the criminal justice process, more than ________ of all major crimes are never reported to the police. | one half |
| is federal law authorized federal funding for state victim programs. | Victims of Crime Act |
| When the court orders the defendant to pay the victim for losses suffered, it is called: | restitution |
| Which of the following is not true of victim/witness assistance programs? | Evaluations of programs have yielded uniformly positive results. |
| Nowhere is the awakened concern about victims of crime more readily apparent than in proposals calling for | a victims' bill of rights |
| The prior relationship between victims and defendants is most apparent in crimes against women. | True |
| The characteristics of the victim are often markedly different than those of the defendant in their case. | False |
| The most fundamental concern expressed about the proposed victims' rights amendment is that its guiding assumption—that victims are being excluded from the judicial process—is patently false. | True |
| f all arrests for all crimes, women account for: | 25.5 percent |
| Decreases in sexist and ________ thought processes might now lead police to arrest and prosecutors to charge female offenders at higher rates than in the past. | paternalistic |
| The victim was assigned a subordinate role in the process when crime became viewed as an offense against | the state |
| Which of the following is not one of the hardships victims face while participating in the criminal court process? | Speedy trial laws accelerating the already difficult process |
| ecause few people are accustomed to testifying, lawyers must coach their witnesses ahead of time to: | answer only the question asked |
| Most of what we know about the ordeal of testifying in court comes from studies of: | rape victims |
| The personal and often emotional involvement of victims in the crime experience can generate particular demands for case outcomes that have little to do with: | the public interest |
| Not all uncooperative behavior can be blamed on victims and witnesses. Equally at fault can be the: | court process |
| A cultural orientation in which law and the courts are viewed as illegitimate, unresponsive, and ill equipped to ensure public safety is called: | legal cynicism |
| Prosecutors allocate their limited resources to the cases they believe constitute the most trouble, which correlates with the desire for: | high conviction rates |
| Perhaps the most important characteristic that influences case processing is the prior relationship between: | the victim and the defendant |
| Nationwide, ________ of all violent crimes are committed by relatives, friends, or acquaintances of the victim.. | roughly half |
| Which of the following is not one of the three most common types of initiatives that have been adopted in recent years to improve the treatment crime victims receive from the criminal justice system? | Victim restoration programs |
| Despite problems and frustrations experienced, victims and witnesses still express overall support for the court process. | True |
| Most states have passed legislation that allows the defense to inquire into a rape victim's past sexual conduct. | False |
| Refusing to prosecute for possession of small amounts of marijuana reflects this type of prosecutorial discretion. | Policy priorities |
| The most publicized measure of crime in the United States, which is published each year by the FBI is the: | Uniform Crime Report |
| After a person has been arrested, law enforcement officers may take the arrested person before a magistrate for a(n) ________ , which is sometimes called a Gerstein hearing. | initial appearance |
| Most commonly used in prosecuting misdemeanor offenses or city ordinance violations, a(n) ________ must be supported by the oath or affirmation of either the victim or arresting officer. | complaint |
| This Amendment provides that "no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury." | Fifth |
| As defined by the Supreme Court in Stack v. Boyle (1951), "excessive" bail is an amount higher than: | reasonably calculated to ensure the defendants presence at trial |
| e reason cited most often for prosecutors declining to prosecute cases is: | Legal-evidentiary strength |
| ince the early 1990s, crime in the United States has been steadily increasing. | False |
| If the magistrate does not find probable cause and dismisses the complaint, the constitutional safeguard against double jeopardy is invoked, preventing future prosecution for that offense. | False |
| Property crimes outnumber violent offenses by a ratio of: | 8 to 1 |
| As a general rule, the Supreme Court expects an initial appearance to occur within ________ hours of a warrantless arrest. | 48 |
| In all criminal prosecutions, the accused shall enjoy the right...to be informed of the nature and cause of the accusation" is guaranteed by this Amendment. | Sixth |
| Which of the following is not one of the four charging documents used in the criminal justice system? | Accusation |
| ich of the following is not one of the three facets of discretion that help explain why case attrition occurs? | community morality |
| In most states, any person who has been arrested for a felony and has not been indicted by a grand jury, has the right to a(n): | preliminary hearing |
| uring a preliminary hearing, the prosecutor needs only establish ________ that a crime has been committed and that the defendant committed it. | probable cause |
| The two primary functions of grand juries have been aptly summarized in the phrase "shield and sword." Shield refers to the protections the grand jury offers, sword refers to the: | investigatory powers of this body |
| Which of the following is not true of the grand jury? | Witnesses have the right to representation by an attorney. |
| The grand jury is dominated by: | the prosecutor |
| The ________ is important because it signifies to all members of the courtroom work group that the defendant is in all probability guilty and that the likelihood of being found not guilty is now slim. | arraignment |
| Which of the following is not one of the criteria considered for preventive detention? | The overwhelming weight of the prosecution's evidence. |
| Which of the following is the most common form of pre-trial release? | Bail bond |
| Overall, only about 4% of arrests actually result in a trial. | True |
| Bail agents possess no more powers than law enforcement when seeking, apprehending, and detaining those who "jump" bail.. | False |
| The wedding cake model is based on the observation that criminal justice officials handle different kinds of cases very differently, with the cases in each layer having a high degree of consistency. | True |
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