Test Bank For Criminal Courts A Contemporary Perspective 5th Edition by Craig T. Hemmens (Author), D

Test Bank For Criminal Courts A Contemporary Perspective 5e Craig T. Hemmens (Author), David C. Brody, Cassia Spohn Chapter 1-14

Chapter 1: Introduction: Law and the Judicial Function Multiple Choice 1. Hammurabi‟s Code governed relationships in society related to what?

A. sexual behavior, property rights, theft, and acts of violence B. sexual behavior C. property rights D. acts of violence Ans: A REF: Cognitive Domain: Comprehension Answer Location: The Code of Hammurabi Difficulty Level: Medium 2. What perspective views law as basically a neutral framework for dealing with conflicts between individuals and groups who share the same set of fundamental values?

A. the precedent perspective B. the Packer perspective C. the conflict perspective D. the consensus perspective Ans: D REF: Cognitive Domain: Comprehension Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium 3. What perspective considers society to be composed of individuals and groups with different interests and characterized by conflict and dissention?

A. the precedent perspective B. the Packer perspective C. the conflict perspective D. the consensus perspective Ans: C REF: Cognitive Domain: Comprehension Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium 4. According to the conflict perspective, laws work primarily for the benefit of ______.

A. the rich B. the middle class C. the poor D. all citizens

Ans: A REF: Cognitive Domain: Knowledge Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Easy 5. Conflict perspective on law derives much from which philosopher?

A. Thomas Aquinas B. Socrates C. Karl Marx D. Niccolò Machiavelli Ans: C REF: Cognitive Domain: Knowledge Answer Location: The Conflict Perspective Difficulty Level: Easy 6. Which of the following is not one of Reichel‟s three irreducible elements of law?

A. supremacy of fundamental values B. universal application of the fundamental values C. holding government to the fundamental values D. the writing down of fundamental values Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Rule of Law Difficulty Level: Easy 7. Which of the following is a set of instructions for how state agents must act within the criminal justice system?

A. civil law B. criminal law C. due process D. the Bill of Rights Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Rule of Law Difficulty Level: Easy 8. Packer‟s crime control model focuses on which of the following?

A. legal guilt B. factual guilt C. societal guilt D. individual guilt Ans: B REF: Cognitive Domain: Knowledge Answer Location: Two Models of Criminal Justice Difficulty Level: Easy

9. Packer‟s due process model focuses on which of the following?

A. legal guilt B. factual guilt C. societal guilt D. individual guilt Ans: A REF: Cognitive Domain: Knowledge Answer Location: Two Models of Criminal Justice Difficulty Level: Easy 10. Which of the following is not an important aspect of the crime control model?

A. rituals B. efficiency C. finality D. speed Ans: A REF: Cognitive Domain: Knowledge Answer Location: Two Models of Criminal Justice Difficulty Level: Easy 11. Which metaphor best describes the due process model of the criminal justice process?

A. horse race B. obstacle course C. assembly line D. funeral procession Ans: B REF: Cognitive Domain: Knowledge Answer Location: Two Models of Criminal Justice Difficulty Level: Easy 12. According to the due process model, fact-finding procedures should be all but which of the following?

A. efficient B. formal C. adversarial D. adjudicative Ans: A REF: Cognitive Domain: Comprehension Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 13. What case gave the Supreme Court the power to examine a law and determine whether it is constitutional?

A. Marbury v. Madison B. Brown v. Board of Education

C. Plessy v. Ferguson D. United States v. Booker Ans: A REF: Cognitive Domain: Knowledge Answer Location: Judicial Review Difficulty Level: Easy 14. There are two important and unique roles the courts play in the criminal justice system. The first is adjudication of criminal offenses. What is the second?

A. arrest B. oversight C. charging D. appealing Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Role of Courts in the Criminal Justice System Difficulty Level: Easy 15. Equity principles are used heavily in what types of law?

A. criminal and civil B. common and criminal C. tort and property D. family and contract Ans: D REF: Cognitive Domain: Knowledge Answer Location: What Is the Relationship of Law to Justice?

Difficulty Level: Easy 16. Which of Packer‟s models favors the plea-bargaining process?

A. crime control B. due process C. both crime control and due process D. neither crime control nor due process Ans: A REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 17. What term means “let the decision stand?”

A. ratio decidendi B. obiter dicta C. stare decisis D. ipso facto Ans: C REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis

Difficulty Level: Easy 18. Which of the following best describes how judges “make law?”

A. writing legislation B. interpreting statutes C. issuing executive orders D. sentencing offenders Ans: B REF: Cognitive Domain: Knowledge Answer Location: Precedent Difficulty Level: Easy 19. The common law was created by ______.

A. judges B. parliament C. the people D. the U.S. Congress Ans: A REF: Cognitive Domain: Knowledge Answer Location: Development of the Common-Law System Difficulty Level: Easy 20. Which of the following is the most common court function?

A. adjudication B. oversight C. precedent D. stare decisis Ans: A REF: Cognitive Domain: Knowledge Answer Location: Adjudication Difficulty Level: Easy 21. The view of human nature that sees human beings as basically exploitive and duplicitous creatures underlies what perspective of the law?

A. the due process perspective B. the crime control perspective C. the consensus perspective D. the conflict perspective Ans: D REF: Cognitive Domain: Analysis Answer Location: The Conflict Perspective Difficulty Level: Medium 22. Which is the only court that sets precedent for all U.S. federal courts?

A. the U.S. Supreme Court B. the D.C. Court of Appeals

C. the International Criminal Court D. the U.N. Court of Appeals Ans: A REF: Cognitive Domain: Application Answer Location: Precedent Difficulty Level: Hard 23. What is the principle establishing the value and authority of precedent?

A. ex post facto B. corpus juris C. habeas corpus D. stare decisis Ans: D REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Easy 24. Which of the following is not a form of judicial oversight?

A. ensuring proper actions of police B. ensuring proper actions of lower courts C. ensuring proper actions of the legislature D. ensuring proper actions of the population at large Ans: D REF: Cognitive Domain: Application Answer Location: Oversight Difficulty Level: Hard 25. Who is often referred to as the “father of common law?”

A. Henry II B. Jeremy Bentham C. Karl Marx D. Hammurabi Ans: A REF: Cognitive Domain: Knowledge Answer Location: Development of the Common-Law System Difficulty Level: Easy True/False 1. The Latin term lex talionis was clearly stated in the Code of Hammurabi and means “eye for an eye, tooth for a tooth.”

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Code of Hammurabi Difficulty Level: Easy

2. Courts are static bodies where decisions do not change.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Why Study Courts?

Difficulty Level: Easy 3. The U.S. court system has a simple set of rules and procedures.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Why Study Courts?

Difficulty Level: Easy 4. According to the rule of law, the fundamental values of a nation must be committed to writing.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: The Rule of Law Difficulty Level: Medium 5. Judicial review means that a court has the power to determine the constitutionality of a law.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Judicial Review Difficulty Level: Easy 6. Due process applies to anyone threatened by the state with loss of life, liberty, or property.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: The Rule of Law Difficulty Level: Medium 7. The crime control model is most concerned with ensuring the rights of defendants.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 8. The assembly line is a metaphor for the due process model.

Ans: F REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium

9. The conflict model sees society as an integrated network of institutions held together by a common set of values.

Ans: F REF: Cognitive Domain: Analysis Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium 10. The due process and crime control models have zero tolerance for mistakes.

Ans: F REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 11. Factual guilt and legal guilt are not the same.

Ans: T REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 12. Turning to the courts to settle disputes is a relatively recent trend in America.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Judicial Functions Difficulty Level: Easy 13. Court decisions that establish precedent are known as ratio decidendi.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Easy 14. The idea of a false consciousness was developed by Karl Marx and means that the working classes have accepted an ideological worldview that is contrary to their best interests.

Ans: T REF: Cognitive Domain: Application Answer Location: The Conflict Perspective Difficulty Level: Hard 15. Marx and Engels reference the idea of false consciousness to discuss exploitation.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Conflict Perspective Difficulty Level: Easy

Short Answer 1. As discussed in your textbook, what are the three primary judicial functions?

Ans: First, courts settle disputes by providing a forum for obtaining justice and resolving disputes through the application of legal rules and principles. It is in court that injured parties may seek compensation and the state may seek to punish wrongdoers. Second, courts make public policy decisions. Policy-making involves the allocation of limited resources (such as money and property) to competing interests. America has a long tradition of settling difficult policy questions in the courtroom rather than in the legislature. Third, courts serve to clarify the law through interpretation of statutes and the application of general principles to specific fact patterns.

REF: Cognitive Domain: Analysis Answer Location: Why Study Courts?

Difficulty Level: Medium 2. What are the two ways that judges can address a situation where they decide that precedent is no longer valid and should not be followed?

Ans: Occasionally, judges will decide that the precedent is no longer valid and should not be followed. They can handle this in two ways. They can simply ignore the earlier case and decide the case at hand as if there was no binding precedent, or they can overrule the earlier case. Often, the process of overruling a precedent is gradual. The court finds more and more circumstances that distinguish new cases from the earlier case, until it becomes obvious that the precedent has outlived its usefulness. Former Supreme Court Justice William O. Douglas (1974) argued that this gradual erosion of precedent “breeds uncertainty” since “years of litigation may be needed to rid the law of mischievous decisions which should have fallen with the first of the series to be overruled.”

REF: Cognitive Domain: Knowledge Answer Location: Precedent Difficulty Level: Easy 3. Discuss the role of ratio decidendi and obiter dicta in establishing legal principle.

Ans: Precedent establishes a legal principle, but not every pronouncement that a court makes in a ruling establishes precedent. Pronouncements that do are known as ratio decidendi (“the reason for the decision”), which is the legal principle or rationale used by the courts to arrive at their decisions. Additional supporting statements are called obiter dicta (“things said by the way”) or simply dicta. These statements are other legal or nonlegal arguments used to support the ratio decidendi and do not constitute precedent.

REF: Cognitive Domain: Knowledge Answer Location: Stare Decisis Difficulty Level: Easy 4. What are the two primary roles played by the courts in the criminal justice system?

Which of the two roles do you believe is the most important?

Ans: The primary role played by the courts is to adjudicate criminal offenses--to process defendants who have been arrested by the police and formally charged with criminal

offenses. Prosecutors decide who should be charged and then, provided a plea agreement does not circumvent trial, the defendant is brought to court. Courts, particularly the appellate courts, provide oversight, not just over the lower courts but over the criminal justice system in general. First, when cases are appealed to a higher level, the appellate court decides whether proper procedure was followed at the lower level. The appellate court may be asked to decide whether the procedures used to select the jury were appropriate, whether the defendant was denied effective assistance of counsel, or whether the trial court judge should have moved the case to another jurisdiction because of prejudicial pretrial publicity. The appellate decision may come months or even years after the trial that led to the appeal, but the very ability of the appellate court to influence what can happen or should have happened at the lower level is the essence of oversight.

REF: Cognitive Domain: Analysis Answer Location: Oversight Difficulty Level: Medium 5. Explain and contrast the consensus and conflict perspective. Which perspective do you most agree with and why?

Ans: The consensus perspective asserts that social stability is achieved through cooperation, shared values, and the cohesion and solidarity that people feel by being part of a shared culture? Consensus theorists emphasize how society is structured to maintain its stability and view it as an integrated network of institutions (the family, church, school, economy, government) that function to maintain social order and the system as a whole. Conflict theorists consider society to be composed of individuals and groups with sharply different interests and to be characterized by conflict and dissention. People and groups everywhere, they maintain, seek to maximize their interests.

REF: Cognitive Domain: Analysis Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium 6. What are the three irreducible elements of the rule of law according to Reichel?

Which do you believe is the most important and why?

Ans: The rule of law requires a nation to recognize the supremacy of certain fundamental values and principles, these values and principles must be committed to writing, and a system of procedures that holds the government to these principles and values must be in place. The first element is relatively unproblematic; it is difficult to imagine a modern organized society not recognizing a set of fundamental values that they hold supreme. These ultimate principles may be secular or religious. The second element is also relatively unproblematic. Any culture possessing a written language would be expected to put such important guiding principles into writing so that all may refer to them. Documents containing these principles may be the culture‟s holy books or a nation‟s constitution. The third element is much more problematic because it determines whether a country honors its fundamental values in practice as well as in theory.

REF: Cognitive Domain: Knowledge

Answer Location: What Is the Relationship of Law to Justice?

Difficulty Level: Easy 7. What is, perhaps, the most significant difference between the courts and other branches of government?

Ans: Courts are different from the other branches of government in many ways, but perhaps the most significant difference is that courts are reactive--courts do not initiate cases but rather serve to settle controversies brought to them by others--plaintiffs and defendants, in legal parlance. This frequently involves the interpretation of statutes written by the legislature.

REF: Cognitive Domain: Knowledge Answer Location: Judicial Functions Difficulty Level: Easy 8. How do the due process model and crime control model differ in terms of their goals?

Which goal do you most agree with and why?

Ans: The goal of the crime control model is controlling crime, while the goal of the due process model is protecting rights of the defendant. As this suggests, the goal is to move cases through the justice process as swiftly as possible. Suspects who are “probably innocent” are screened out early in the process by police and prosecutors; those who are “probably guilty” are moved quickly and perfunctorily through the remaining stages in the process and are convicted, usually by a plea of guilty, as expeditiously as possible. Thus, the system achieves the goal of controlling crime by separating the innocent from the guilty early in the process, by extracting early guilty pleas from those who are not screened out by police and prosecutors, and by avoiding trials. The crime control model is willing to sacrifice some reliability in pursuit of efficiency. It tolerates mistakes up to the level at which they interfere with the goal of preventing crime; if too many guilty people go free or if there is a general view that the system is not reliable, crime might increase rather than decrease.

REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 9. Briefly explain Marx‟s concept of false consciousness. Do you agree? Why or why not?

Ans: The working class has accepted an ideological worldview that is contrary to their best interests. Workers have been duped into accepting the legitimacy of the law by the ruling classes and are not aware that the law does not serve them.

REF: Cognitive Domain: Knowledge Answer Location: The Conflict Perspective Difficulty Level: Easy 10. Briefly explain the two important and unique roles the courts play in the criminal justice system.

Ans: One important and unique role the courts play in the criminal justice system is by adjudication. This is the processing of defendants who have been arrested by the police

and formally charged with criminal offenses. This is most prevalent in limited and general jurisdiction courts at the state level and in U.S. district courts at the federal level. The second role of the court is oversight. This is done by appellate courts having the ability to oversee the lower courts and the criminal justice system in general. The very ability of the appellate courts to influence what can happen or should have happened at the lower level is the essence of oversight. Appellate courts also provide oversight over the actions of other criminal justice officials (e.g., Tennessee v. Garner-the police).

REF: Cognitive Domain: Comprehension Answer Location: The Role of Courts in the Criminal Justice System Difficulty Level: Medium Essay 1. Explain the concept of judicial review. Why is judicial review important?

Ans: Judicial review means the court has the power to examine a law and determine if it is constitutional. In order to determine if a law is constitutional, courts must examine the law and compare it to the Constitution. In doing so, the court must interpret both the language of the statute and the Constitution. Judicial review is important because it assigns the duty of interpreting the Constitution and applying it to particular fact situations to the judiciary. The courts must then decide if a law is in violation of the Constitution and, if so, to declare it null and void. Judicial review was established in the case of Marbury v. Madison (1863).

REF: Cognitive Domain: Analysis Answer Location: Judicial Review Difficulty Level: Medium 2. What are precedent and stare decisis? How do they work together? Which do you think is the most important?

Ans: Every final decision by a court creates precedent. Precedent governs the court issuing the decision and any lower or inferior courts in that jurisdiction. Stare decisis means “let the decision stand.” Under the principle of stare decisis, if there is a prior decision on a legal issue that applies to a current case, the court will be guided by that prior decision and apply the same legal principles in the current case. In situations in which the law is ambiguous and the same issue has come up before, it makes sense to look to past decisions--that is, to precedent--to see how the matter has been resolved previously. Stare decisis is the principle behind establishing the value of prior decisions or precedent.

REF: Cognitive Domain: Analysis Answer Location: Development of the Common-Law System Difficulty Level: Medium 3. Compare and contrast the due process model and crime control model of criminal justice. Which one do you find most beneficial for the criminal justice system? Which do you believe we currently use in the criminal justice system.

Ans: The due process and crime control models are both ideals of the criminal justice process created by Packer. The crime control model views criminal justice system as an assembly line, while the due process model views it as an obstacle course. While the goal of the criminal justice system for the crime control model is controlling crime, protecting rights of defendants is the goal of the due process model. The crime control model emphasizes values such as efficiency, speed, and finality, while the due process model emphasizes reliability. The crime control model relies on an informal process of adjudication by screening cases through police and prosecutors. The due process model has a more formal adjudication process and focuses on the issues surrounding the adversarial procedures of a case. Finally, the crime control model is more concerned with factual guilt, while the due process model is more concerned with legal guilt.

REF: Cognitive Domain: Analysis Answer Location: Two Models of Criminal Justice Difficulty Level: Medium 4. Give your own brief definition of a “law” and describe some of the differences between civil law and common law.

Ans: Law is a written body of rules of conduct applicable to all members of a defined community, society, or culture that emanate from a governing authority and are enforced by its agents by the imposition of penalties for their violation. Civil law is written rather than unwritten: As opposed to the common law‟s slow accumulation of case law derived from decisions based on local customs, the Napoleonic Code and its successors are all codes of conduct (statutes) written from above and imposed on citizens and subjects below.

In civil law, precedent is not officially recognized. The codes laid down in civil law are complete the day they are enacted and are not subject to judicial review. As such, there is no need to refer to past cases for guidance. In practice, however, no code is so complete as to provide unambiguous guidance in all matters coming before the courts, and civil law judges often refer to case law and thus to precedent. The main difference between the common and civil law approaches is that in civil law, precedent is not binding.

Civil law is also inquisitorial rather than adversarial: This is the primary distinguishing feature of civil law vis-à-vis common law. The inquisitorial system is a system of extensive investigation and interrogations carried out to ensure that an innocent person is not subjected to trial. The term inquisition should be thought of as denoting “inquiry” as the term adversarial denotes “contest.” The inquisitorial focus is on truth and not so much on procedure, so many of the procedural protections afforded suspects in common-law countries either do not exist or exist in modified form.

Civil law has traditionally made little use of juries: There is some use of juries in civil law countries in very serious criminal cases, but they don‟t have the same role that they have in common-law countries. Juries consist of three professional judges and nine laypersons. In a jury trial, all jurors and judges are allowed to question witnesses and the accused. Jury deliberations are doubtless dominated by the professional judges on whom the laypersons must rely for explanations of law, but guilt or innocence is

determined by a secret ballot in which each of the 12 votes are of equal importance. A verdict requires agreement of at least 8 of the 12 jurors rather than unanimity.

Judicial review is used sparingly in civil law: The French equivalent of the American Supreme Court in terms of dealing with constitutional issues is the Conseil Constitutionnel (Constitutional Council). This entity is unique among national supreme courts in that it lies outside the judicial system (it is a council, not a court hearing cases forwarded to it from lower courts). The council‟s main function is to rule on the constitutionality of proposed legislation, not legislation already in effect, when requested to do so by leaders of the various political parties. Some civil law countries tend to view the practice of judicial review of legislation as inherently antidemocratic and a violation of the separation of powers principle. The reason that the American model of judicial review is rejected in France is that the French believe that important decisions affecting large numbers of people should be made by legislators elected by and accountable to the voters, not by appointees with lifetime tenure.

REF: Cognitive Domain: Analysis Answer Location: Comparative Courts Difficulty Level: Medium 5. Compare and contrast consensus and conflict theories of law. Which do you believe is the most important and why?

Ans: Conflict and consensus theories are both perspectives on society and how laws interact with society. More specifically, the consensus theory emphasizes how society is structured to maintain stability and view it as an integrated network of institutions that function to maintain social order and the system as a whole. Stability is achieved through cooperation and shared values. Conflicts are temporary. Law is a just and necessary mechanism for controlling behavior. Law is seen as reflecting the community‟s deeply held values and is a legitimate expression of morality and custom.

If coercion is needed, it is because the individual, not the law, is flawed. The law is followed out of respect and is willingly supported by all good people. The belief is that society is basically good. The conflict theory differs from the consensus in that it considers society to be composed of individuals and groups with sharply different interests and is characterized by conflict and dissention. People and groups seek to maximize their interests, and since resources are limited, conflict is inevitable and continuous. Social institutions function to maintain the privilege of the few and to keep the many subservient to them. The theory sees human nature as exploitive and asserts that the law functions to preserve the power and privilege of the most exploitive individuals. The law exists to settle conflicts and restore social peace, but conflicts are always settled in favor of the ruling class over the ruled. The working class accept a false consciousness (ideological worldview that is contrary to their best interests) that is generated by the ruling class.

REF: Cognitive Domain: Analysis Answer Location: Two Opposing Perspectives: Consensus and Conflict Difficulty Level: Medium

Chapter 2: Sources of Law Test Bank Multiple Choice 1. Which of the following is not a source of law?

A. judicial opinions B. statutes C. constitutions D. public opinion Ans: D REF: Cognitive Domain: Knowledge Answer Location: Sources of Law Difficulty Level: Easy 2. Which of the following group or individual literally make(s) law?

A. appeals court justices (as a group) B. the Chief Justice of the U.S. Supreme Court (as an individual) C. Congress D. the President of the United States Ans: C REF: Cognitive Domain: Knowledge Answer Location: Sources of Law Difficulty Level: Easy 3. Administrative regulations are another form of ______.

A. regular crime B. legislation C. constitutional violation D. moral offense Ans: B REF: Cognitive Domain: Knowledge Answer Location: Sources of Law Difficulty Level: Easy 4. Sources of individual rights include all EXCEPT which of the following?

A. executive orders B. constitutions C. case law D. legislation Ans: A REF: Cognitive Domain: Comprehension Answer Location: Sources of Individual Rights

Difficulty Level: Medium 5. The dual-sovereignty doctrine relates to which fundamental right?

A. freedom of speech B. freedom of religion C. right to bear arms D. right against double jeopardy Ans: D REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 6. Which of the following is not a right mentioned by name in the U.S. Constitution?

A. prohibition on bills of attainder B. prohibition on ex post facto laws C. right to habeas corpus D. right to privacy Ans: D REF: Cognitive Domain: Knowledge Answer Location: Table 2.1 Individual Rights Contained in the Bill of Rights Difficulty Level: Easy 7. The First Amendment provides which of the following rights?

A. speech B. press C. assembly D. all of the above Ans: D REF: Cognitive Domain: Knowledge Answer Location: First Amendment Difficulty Level: Easy 8. What amendment prohibits the forced quartering of soldiers?

A. the Second Amendment B. the Third Amendment C. the Seventh Amendment D. nowhere in the Constitution Ans: B REF: Cognitive Domain: Knowledge Answer Location: Third Amendment Difficulty Level: Easy 9. The Fourth Amendment bans all searches and seizures that are ______.

A. “unforeseen” B. “uncomfortable” C. “irrational”

D. “unreasonable” Ans: D REF: Cognitive Domain: Knowledge Answer Location: Fourth Amendment Difficulty Level: Easy 10. What is the level of proof required to search a place or seize an item or person?

A. absolute certainty B. beyond a reasonable doubt C. probable cause D. preponderance of the evidence Ans: C REF: Cognitive Domain: Knowledge Answer Location: Fourth Amendment Difficulty Level: Easy 11. The protection from double jeopardy is found in the ______.

A. Third Amendment B. Fifth Amendment C. Sixth Amendment D. Seventh Amendment Ans: B REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 12. What is it called when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity?

A. a hung jury B. an acquittal C. a conviction D. an indictment Ans: A REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 13. The requirement of the Miranda warning is based in which amendment?

A. First Amendment B. Fourth Amendment C. Fifth Amendment D. Eighth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Current Research Difficulty Level: Easy

14. Which of the following rights is not found in the Sixth Amendment?

A. trial by an impartial jury B. public trial C. representation by counsel D. defendant not required to testify Ans: D REF: Cognitive Domain: Knowledge Answer Location: Sixth Amendment Difficulty Level: Easy 15. At what point does the law require a defendant be allowed the assistance of counsel?

A. as soon as the crime in question has been committed B. at any critical stage in the investigative process C. at the point of arrest D. at the beginning of the trial process (i.e., first appearance) Ans: B REF: Cognitive Domain: Comprehension Answer Location: Sixth Amendment Difficulty Level: Medium 16. Opponents of gun control legislation seize upon the ______ as support for their claim that the state may not limit the possession and use of firearms.

A. First Amendment B. Second Amendment C. Fifth Amendment D. Eighth Amendment Ans: B REF: Cognitive Domain: Comprehension Answer Location: Second Amendment Difficulty Level: Medium 17. Which commonly held right is not expressly mentioned in the Bill of Rights but is merely inferred?

A. right to freedom of the press B. right to privacy C. right to freedom from excessive bail D. right to a trial by an impartial jury Ans: B REF: Cognitive Domain: Comprehension Answer Location: Table 2.1 Individual Rights Contained in the Bill of Rights Difficulty Level: Medium 18. The due process of the Fourteenth Amendment is identical to the due process clause in what other amendment?

A. First Amendment B. Twelfth Amendment C. Thirteenth Amendment D. Fifth Amendment Ans: D REF: Cognitive Domain: Comprehension Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 19. The Due Process Clause is incorporated by the ______ Amendment.

A. Ninth B. Tenth C. Fourteenth D. Eighteenth Ans: C REF: Cognitive Domain: Comprehension Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 20. Rights that are “essential to the concept of ordered liberty” are referred to as ______.

A. fundamental rights B. human rights C. citizens‟ rights D. living rights Ans: A REF: Cognitive Domain: Comprehension Answer Location: Fundamental Rights Difficulty Level: Medium 21. Under which standard of review are state actions assumed to be presumptively valid?

A. strict scrutiny B. intermediate scrutiny C. rational basis test D. reasonable basis test Ans: C REF: Cognitive Domain: Comprehension Answer Location: Standard of Review Difficulty Level: Medium 22. Which of the following is not a standard of review used to evaluate the justification of infringing on citizens‟ rights?

A. strict scrutiny B. intermediate scrutiny C. rational basis test

D. reasonable basis test Ans: D REF: Cognitive Domain: Comprehension Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 23. Legislators felt the need to incorporate the Bill of Rights because of which historical event?

A. the Louisiana Purchase B. the Civil War C. the War of 1812 D. the Great Depression Ans: B REF: Cognitive Domain: Comprehension Answer Location: Fourteenth Amendment Difficulty Level: Medium 24. What name is given to the concept that the Bill of Rights creates other rights when taken in its entirety?

A. complete incorporation B. combined incorporation C. exponential total incorporation D. total incorporation plus Ans: D REF: Cognitive Domain: Comprehension Answer Location: Total Incorporation Plus Difficulty Level: Medium 25. What method of incorporation is the approach that seems to predominate in most Supreme Court cases?

A. total incorporation B. fundamental incorporation C. total incorporation plus D. selective incorporation Ans: D REF: Cognitive Domain: Comprehension Answer Location: Selective Incorporation Difficulty Level: Medium True/False 1. Classifications that are either without reason or based on race or gender are sometimes referred to as suspect classifications.

Ans: T REF: Cognitive Domain: Analysis Answer Location: Fourteenth Amendment

Difficulty Level: Medium 2. The first portion of the First Amendment is often referred to as the establishment clause.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: First Amendment Difficulty Level: Medium 3. Only the federal government has the authority to enact administrative regulations.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Sources of Law Difficulty Level: Medium 4. The Sixth Amendment prohibits placing someone in double jeopardy.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy 5. The right to bear arms is a “collective right.”

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Second Amendment Difficulty Level: Medium 6. The Constitution clearly lays out what is meant by a “reasonable” and “unreasonable” seizure.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Sources of Individual Rights Difficulty Level: Medium 7. Due to the prohibition against double jeopardy, a person cannot be sued civilly for damages caused by a crime for which he or she was already tried and convicted in criminal court.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Fifth Amendment Difficulty Level: Medium 8. The Eighth Amendment prohibits excessive bail.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Eighth Amendment

Difficulty Level: Medium 9. Accused defendants must stand trial within 30 days of their arrest.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Fifth Amendment Difficulty Level: Medium 10. Indigent defendants must be provided with an attorney for any offense.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Sixth Amendment Difficulty Level: Medium 11. The Fourteenth Amendment is very brief.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Due Process and the Fourteenth Amendment Difficulty Level: Medium 12. The Reconstruction Amendments include the Thirteenth, Fourteenth, and Fifteenth Amendments.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Due Process and the Fourteenth Amendment Difficulty Level: Medium 13. The Equal Protection Clause of the Fourteenth Amendment bans all classifications and distinctions among people.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Fourteenth Amendment Difficulty Level: Medium 14. Substantive due process prevents legislatures from infringing on the right of privacy.

Ans: T REF: Cognitive Domain: Analysis Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium 15. The total incorporation plus approach goes a step further than the total incorporation approach.

Ans: T REF: Cognitive Domain: Analysis Answer Location: Total Incorporation Difficulty Level: Medium

Short Answer 1. Give the two reasons statutes are usually ambiguous.

Ans: It is difficult to define human conduct and politics involves compromise. Statutes are frequently written in broad terms, leaving room for interpretation by those who must enforce them. This is also true of the U.S. Constitution. For example, the Eighth Amendment prohibits “cruel and unusual punishment.” But what is cruel? What is unusual? There are no clear answers to these questions, and courts are forced to define the terms.

REF: Cognitive Domain: Analysis Answer Location: Total Incorporation Difficulty Level: Medium 2. What incorporation theory seeks to incorporate provisions of the Bill of Rights in a careful and discriminative way?

Ans: The selective incorporation approach combines elements of the fundamental rights and total incorporation approaches in modified form. This approach favors a case-bycase approach. Selective incorporation rejects the notion that all the rights in the Bill of Rights are automatically incorporated in the due process clause of the Fourteenth Amendment, but it does look to the Bill of Rights as a guide to determining the meaning of due process.

REF: Cognitive Domain: Analysis Answer Location: Selective Incorporation Difficulty Level: Medium 3. Which amendment requires that warrants must be particular about places to be searched?

Ans: The Fourth Amendment forbids “unreasonable” searches and seizures by law enforcement officers and requires the existence of “probable cause” before arrest or search warrants may be issued. Warrants are required to describe the subject of their search with “particularity.” The Supreme Court has determined that search and arrest warrants are not always required, however. The reasonableness clause allows the police to conduct a search or make an arrest so long as it is reasonable to do so.

REF: Cognitive Domain: Analysis Answer Location: Fourth Amendment Difficulty Level: Medium 4. What is the term for the formal document charging a defendant with a crime?

Ans: An indictment is a legal document that charges a defendant with a crime. The requirement of an indictment before criminal prosecution is one of a handful of provisions of the Bill of Rights that has not been incorporated into the Fourteenth Amendment and applied to the states.

REF: Cognitive Domain: Comprehension Answer Location: Fifth Amendment Difficulty Level: Medium

5. What is the principle that the federal government only has those powers granted to it by the U.S. Constitution?

Ans: The Tenth Amendment states that the rights not delegated to the federal government in the Constitution are reserved for the states or individual citizens. This is simply the principle of federalism; the federal government is a government of enumerated (or listed) powers. This means it has no authority to act unless so granted by the Constitution. And where the federal government has no authority, the states and individual citizens retain the authority.

REF: Cognitive Domain: Knowledge Answer Location: Tenth Amendment Difficulty Level: Easy 6. To date, the Supreme Court has held that what two classifications are suspect classifications in all circumstances?

Ans: It has been interpreted by the Supreme Court as incorporating (or applying) the various provisions of the Bill of Rights and making them applicable to the states. The equal protection clause has been interpreted to prevent states from making unequal, arbitrary distinctions between people. It does not ban all discrimination by the state but does require that when the state treats people differently, it does so on the basis of reasonable classifications. It also bars discrimination on the basis of race, religion, or (in most instances) gender. These are referred to as suspect classifications.

REF: Cognitive Domain: Knowledge Answer Location: Fourteenth Amendment Difficulty Level: Easy 7. What is the highest standard of review used when infringing on citizens‟ rights?

Ans: Under strict scrutiny review, a statute that abridges a fundamental right or impacts a suspect classification will be determined to be unconstitutional unless (a) the state has a compelling interest, which justifies restricting a fundamental right and (b) the legislation restricting that right is “narrowly tailored” so that the right is not limited any more than absolutely necessary to achieve the state‟s compelling interest.

REF: Cognitive Domain: Knowledge Answer Location: Standard of Review Difficulty Level: Easy 8. The concept of incorporation relates to the due process clause in which amendment?

Ans: By incorporation, we mean that the justices interpreted the due process clause of the Fourteenth Amendment, which says no state shall deprive a person of life, liberty, or property without “due process of law,” as prohibiting states from abridging certain individual rights. Many of these rights are included in the Bill of Rights, and hence these rights were included (or incorporated) in the definition of due process. There are several different approaches to incorporation.

REF: Cognitive Domain: Comprehension Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Medium

9. What are the three individual rights specifically stated in the Constitution?

Ans: There are only three individual rights mentioned in the Constitution: (1) the right to seek a writ of habeas corpus (a document challenging the legality of a person‟s detention), (2) the prohibition of bills of attainder (legislation imposing punishment without a trial), and (3) the prohibition of ex post facto laws (legislation making prior conduct criminal).

REF: Cognitive Domain: Knowledge Answer Location: The Constitution Difficulty Level: Easy 10. What is the purpose of a grand jury?

Ans: A grand jury comprises citizens who listen to the case presented by a prosecutor and decide whether there exists sufficient evidence to put the defendant on trial. The grand jury is intended to prevent the government from prosecuting people without some proof of guilt. Thus, the grand jury is meant to serve as a barrier between the citizen and an overzealous prosecutor. It is meant to ensure the government does not prosecute individuals without some proof of guilt.

REF: Cognitive Domain: Knowledge Answer Location: Fifth Amendment Difficulty Level: Easy Essay 1. Discuss rights enumerated in the First Amendment?

Ans: Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble and to petition the Government for a redress of grievances. The First Amendment includes a number of individual rights, among them the freedoms of religion, speech, press, and assembly. The First Amendment includes two clauses on religion. First, the government is forbidden from creating a statesupported religion. In the latter part of the 20th century, however, the Court began to provide greater protection of freedom of speech. The Supreme Court has held that the freedom of speech includes the right to say things that may anger others.

REF: Cognitive Domain: Comprehension Answer Location: First Amendment Difficulty Level: Medium 2. Explain how it is that the First Amendment grants freedom of religion, yet the government may enact legislation that can restrict certain religious practices.

Ans: This does not mean the freedom to worship is absolute. Otherwise, valid government regulations, which incidentally restrict religious practices, are permitted. For example, a state may ban polygamy under its authority to enact health and safety regulations, even though this at one time imposed a restriction on the religious practices of some Mormon sects, or it can forbid the use of mind-altering substances in prisons,

notwithstanding that by doing so, it may infringe on religious practices of some Native American inmates.

REF: Cognitive Domain: Analysis Answer Location: First Amendment Difficulty Level: Medium 3. The Second Amendment states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Explain why this statement is unclear and controversial.

Ans: According to the case of District of Columbia v. Heller, the Second Amendment was intended to provide individual gun owners the right to own firearms, but left room for the possibility that the government could at least regulate, if not prohibit, the ownership of firearms. This ruling has left it unclear as to whether the Second Amendment is an individual right or a right of the states to create and arm militias. It also begs the question as to whether the right to bear arms was intended for individuals or militias only. Finally, the issue of how much the government is allowed to regulate or prohibit the ownership of firearms is still left up for debate.

REF: Cognitive Domain: Application Answer Location: Second Amendment Difficulty Level: Hard 4. Explain why the Fourth Amendment is so important to individual citizens?

Ans: The Fourth Amendment is the provision of the Constitution that stands most directly between the individual citizen and the police. This amendment forbids “unreasonable” searches and seizures and requires the existence of “probable cause” before warrants may be issued or a search or seizure may take place. Warrants are required to describe the subject of their search with “particularity.” Requiring probable cause to search or seize attempts to limit the ability of the police to interfere at will in the lives of individual citizens. Instead, they must have some reasonable amount of evidence that the person has engaged in criminal activity.

REF: Cognitive Domain: Analysis Answer Location: Fourth Amendment Difficulty Level: Medium 5. Define incorporation and explain the four types of incorporation discussed in your textbook. Which type of incorporation is used in the courts today?

Ans: The issue of incorporation arose when the Supreme Court interpreted the due process clause of the Fourteenth Amendment, which says no state shall deprive a person of life, liberty, or property without “due process of law,” as prohibiting states from abridging certain individual rights. The different types of incorporation indicate how much of and which rights are granted by the states. Total incorporation of the due process clause of the Fourteenth Amendment made the entire Bill of Rights applicable to the states. Total incorporation plus of the due process clause of the Fourteenth Amendment includes all of the Bill of Rights and, in addition, includes other, unspecified rights. Ordered liberty is used when there is no necessary relationship between the due process clause of the Fourteenth Amendment and the Bill of Rights. Ordered liberty

uses the “totality of circumstances” component. Selective incorporation combines elements of the fundamental rights and total incorporation approaches in modified form and is the approach that seems to predominate in most Supreme Court cases. This approach favors a piecemeal, gradual, and selective method of incorporation. Selective incorporation rejects the notion that all of the rights in the Bill of Rights are automatically incorporated in the due process clause of the Fourteenth Amendment, but it does look to the Bill of Rights as a guide to the meaning of due process.

REF: Cognitive Domain: Application Answer Location: Incorporation of the Bill of Rights Into the Fourteenth Amendment Difficulty Level: Hard

Chapter 3: Types of Law Test Bank Multiple Choice 1. Criminal law is sometimes referred to as ______.

A. corporate law B. basic law C. substantive law D. layman law Ans: C REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. What is the required level of proof in a criminal case?

A. beyond all doubt B. beyond a reasonable doubt C. preponderance of the evidence D. probable cause Ans: B REF: Cognitive Domain: Comprehension Answer Location: Types of Law: Criminal and Civil Difficulty Level: Medium 3. What is the required level of proof in a civil case?

A. beyond all doubt B. beyond a reasonable doubt C. preponderance of the evidence D. probable cause Ans: C REF: Cognitive Domain: Comprehension

Answer Location: Types of Law: Criminal and Civil Difficulty Level: Medium 4. In a criminal trial, the burden of proof lies on which party?

A. the prosecution B. the defense C. the judge D. the jury Ans: A REF: Cognitive Domain: Comprehension Answer Location: Types of Law: Criminal and Civil Difficulty Level: Medium 5. Criminal acts not considered mala in se may be considered mala prohibita based on which of the following?

A. transferred intent B. strict liability C. gravity of the offense D. social attitudes Ans: D REF: Cognitive Domain: Analysis Answer Location: What Is Crime?

Difficulty Level: Medium 6. What type of laws violate the overbreadth doctrine?

A. passed ex post facto B. void for vagueness C. cruel and unusual D. a bill of attainder Ans: B REF: Cognitive Domain: Knowledge Answer Location: Limitations on the Criminal Law Difficulty Level: Easy 7. Laws passed “after the fact” are called ______.

A. ex post facto B. void for vagueness C. cruel and unusual D. a bill of attainder Ans: A REF: Cognitive Domain: Knowledge Answer Location: Limitations on the Criminal Law Difficulty Level: Easy 8. Which of the following is the term for guilty act?

A. mens rea

B. actus reus C. corpus delicti D. ex post facto Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Easy 9. Laws that impose criminal punishment without a trial are called ______.

A. void for vagueness B. ex post facto C. bills of attainder D. proximal laws Ans: C REF: Cognitive Domain: Knowledge Answer Location: Limitations on the Criminal Law Difficulty Level: Easy 10. Which of the following is not one of the three components of the criminal act?

A. voluntary bodily movements B. omission in the face of a duty to act C. omission D. possession Ans: C REF: Cognitive Domain: Analysis Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Medium 11. Which of the following is not a classification of intent from the Model Penal Code?

A. intentional B. knowing C. reckless D. negligent Ans: A REF: Cognitive Domain: Comprehension Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Medium 12. The “but for” test is used to determine which type of causation?

A. factual B. legal C. proximate D. reasonable Ans: A REF: Cognitive Domain: Comprehension Answer Location: The Five Elements of Criminal Offenses

Difficulty Level: Medium 13. What type of liability makes parents potentially liable for the actions of their minor children?

A. strict liability B. vicarious liability C. inchoate liability D. complicity liability Ans: B REF: Cognitive Domain: Comprehension Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Medium 14. A person who consciously, with the intent to commit a certain act or produce a certain result, acts with what level of intent?

A. knowing B. purposeful C. reckless D. negligent Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Easy 15. If a bystander dies during the commission of a bank robbery, the robber is guilty of ______.

A. voluntary manslaughter B. involuntary manslaughter C. negligent homicide D. felony murder Ans: D REF: Cognitive Domain: Analysis Answer Location: Crimes Against the Person Difficulty Level: Medium 16. Robbery is classified as what type of crime?

A. violent B. property C. social D. moral Ans: A REF: Cognitive Domain: Analysis Answer Location: Crimes Against the Person Difficulty Level: Medium

17. What test for insanity is defined as the inability to control one‟s conduct, even though one is aware that what they are doing is wrong?

A. substantial capacity test B. M‟Naghten rule C. Durham rule D. irresistible impulse test Ans: D REF: Cognitive Domain: Knowledge Answer Location: Excuse Defenses Difficulty Level: Easy 18. Which of the following is not considered a crime against property?

A. burglary B. robbery C. theft D. forgery Ans: B REF: Cognitive Domain: Comprehension Answer Location: Crimes Against Property Difficulty Level: Medium 19. Most states consider burglary at nighttime to be ______.

A. a requirement B. an aggravating factor C. a mitigating factor D. irrelevant Ans: B REF: Cognitive Domain: Comprehension Answer Location: Crimes Against Property Difficulty Level: Medium 20. What is the difference between felony and misdemeanor larceny?

A. the value of the goods taken B. the age of the goods‟ owner C. the location of the crime D. the time of day of the crime Ans: A REF: Cognitive Domain: Analysis Answer Location: Crimes Against Property Difficulty Level: Medium 21. Which of the following actors in a criminal trial does not have a role in a civil trial?

A. prosecutor B. defense C. judge D. jury

Ans: A REF: Cognitive Domain: Comprehension Answer Location: Types of Law: Criminal and Civil Difficulty Level: Medium 22. What is the level of burden of proof required in a civil case?

A. beyond all doubt B. beyond a reasonable doubt C. by a preponderance of the evidence D. probable cause Ans: C REF: Cognitive Domain: Knowledge Answer Location: Civil Law Difficulty Level: Easy 23. What type of murder requires no intent?

A. manslaughter B. felony murder C. negligent homicide D. voluntary manslaughter Ans: B REF: Cognitive Domain: Comprehension Answer Location: Types of Law: Criminal Acts Difficulty Level: Medium 24. A tort is a ______.

A. criminal harm B. criminal punishment C. civil wrong D. civil monetary damage Ans: C REF: Cognitive Domain: Knowledge Answer Location: Civil Law Difficulty Level: Easy 25. Pocket picking is generally classified as what type of crime?

A. larceny B. theft C. robbery D. burglary Ans: A REF: Cognitive Domain: Knowledge Answer Location: Crimes Against Property Difficulty Level: Easy True/False

1. Substantive law is the law of crimes.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. Proof beyond a reasonable doubt is the prosecution‟s burden of proof in a criminal trial.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Types of Law: Criminal and Civil Difficulty Level: Easy 3. Mala in se crimes are inherently harmful.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: What Is Crime?

Difficulty Level: Easy 4. Currently, in the United States, the death penalty can only be handed down to a defendant convicted of murder.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Limitations on the Criminal Law Difficulty Level: Medium 5. Criminal motive and criminal intent are different things.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Easy 6. Mens rea means guilty act.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Easy 7. Proving attempt in court requires general attempt.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Inchoate Crimes Difficulty Level: Easy 8. In some states, voluntary intoxication cannot be used to establish mitigation.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Liability Without Fault Difficulty Level: Medium 9. Solicitation involves the intent to induce another to commit a crime.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Inchoate Crimes Difficulty Level: Medium 10. Under common law, to reach out and strike a victim was classified as an assault.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Sources of Criminal Law Difficulty Level: Easy 11. Punitive damages are awarded to compensate the plaintiff for legal expenses.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Civil Law Difficulty Level: Easy 12. Real property is land and anything growing out of or affixed to it.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Property Law Difficulty Level: Easy 13. The five elements of criminal liability comprise the corpus delicti.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Medium 14. In a tort, a defendant may argue that if both parties were equally negligent, neither should be held liable.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Tort Law Difficulty Level: Easy 15. Ideas and concepts are considered property.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Property Law

Difficulty Level: Easy Short Answer 1. Compare and contrast proof beyond a reasonable doubt and preponderance of the evidence.

Ans: Proof beyond a reasonable doubt is the prosecution‟s burden of proof in a criminal trial. Each element of the offense charged must be proven “beyond a reasonable doubt” for the jury to return a guilty verdict. If the prosecution fails to establish this burden, then the jury is to return a “not guilty” verdict. Determining whether the prosecution has failed to meet its burden of proof is different from determining whether the defendant is innocent. That is why the verdict delivered is “not guilty” rather than “innocent.” Not guilty is a legal finding that the prosecution has failed to meet its burden of proof, not necessarily a factual description of reality. Proof beyond a reasonable doubt is a very high burden of proof, far higher than the proof by a preponderance of the evidence standard used in civil proceedings.

REF: Cognitive Domain: Analysis Answer Location: Property Law Difficulty Level: Medium 2. Define and describe an inchoate crime.

Ans: An inchoate crime is one that is incomplete or that happens in preparation for another crime. They are sometimes referred to as anticipatory or incomplete crimes, although the law treats them as completed crimes in which criminal liability exists even though the anticipated or planned never happens. There are three types of inchoate crimes: attempt, solicitation, and conspiracy.

REF: Cognitive Domain: Analysis Answer Location: Inchoate Crimes Difficulty Level: Medium 3. Describe the M‟Naghten rule.

Ans: M‟Naghten rule: Also known as the right-wrong test, the M‟Naghten rule was created by an English court in Rex v. M’Naghten (1843). M‟Naghten attempted to assassinate Robert Peel, the Prime Minister of England. M‟Naghten missed Peel and hit Peel‟s secretary, who died. M‟Naghten was found not guilty by reason of insanity after the court created a test for determining his sanity. Under this test, a defendant is insane and thus not criminally liable if he or she did not know what they were doing or that it was wrong to do it.

REF: Cognitive Domain: Comprehension Answer Location: Excuse Defenses Difficulty Level: Medium 4. What is a crime?

Ans: Crime is (1) an act in violation of a (2) criminal law for which a (3) punishment is prescribed; the person committing it must have (4) intended to do so and to have done so without legally acceptable (5) defense or justification. While not all actions classified

as crimes are uniformly regarded as criminal (such as possession of marijuana or consumption of alcohol by persons between the ages of 18 and 21), there are some acts, such as murder or rape, that are universally condemned.

REF: Cognitive Domain: Comprehension Answer Location: What Is Crime?

Difficulty Level: Medium 5. Explain the four levels of intent in the Model Penal Code.

Ans: There are four levels of intent in the Model Penal Code. These include purposeful, knowing, reckless, and negligent. A person who acts purposefully does so consciously, with the desire to commit a certain act. The person is virtually certain of the results of his or her conduct. A person acts knowingly when he or she is fairly certain of the result that will follow from this conduct but does not necessarily desire the result. A person acts recklessly when he or she acts with awareness of the risk involved but without the certainty of knowledge that harm will follow. A person acts negligently when he or she unconsciously create a substantial risk of harm that a reasonable person would have been aware of.

REF: Cognitive Domain: Analysis Answer Location: What Is Crime?

Difficulty Level: Medium 6. Explain and provide an example of transferred intent.

Ans: Another form of intent is the doctrine of transferred intent. Transferred intent applies to situations where a person intended to harm A, but in error harmed B. To prevent the defendant from escaping liability by claiming that since he or she did not intend to hurt B and the element of intent is missing, courts developed the concept of transferred intent. This doctrine transfers the intent to harm A to B. Thus, if Craig shoots at David intending to kill him but misses and kills Bob instead, under the doctrine of transferred intent, Craig‟s intent to kill David is transferred to Bob, so Craig cannot claim he is not guilty of a crime because he did not intend to kill Bob. REF: Cognitive Domain: Application Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Hard 7. Explain causation and concurrence.

Ans: Concurrence: Concurrence is the union of the criminal act and criminal intent. Both must exist. The criminal intent must set the criminal act in motion. Acts not generated by criminal intent do not constitute criminal conduct, and the intent to commit a crime, without action, does not constitute a crime. Causation: There are two types of causation: factual and legal. Factual cause refers to the idea that “but for” the actor‟s conduct, the harm would not have occurred. It is an initial act that sets a series of other acts in motion that leads to some harm. Factual causation is a necessary but not sufficient element for the imposition of criminal liability. A legal cause also must exist.

REF: Cognitive Domain: Comprehension Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Medium

8. What is the role of an alibi?

Ans: An alibi defense is where a defendant asserts he or she is not the person who committed the act charged. An alibi is different from the other affirmative defenses because the defendant is claiming innocence, while the other defenses involve the defendant acknowledging committing the act for which he or she is being charged with a crime.

REF: Cognitive Domain: Comprehension Answer Location: Alibi Difficulty Level: Medium 9. Explain the irresistible impulse test.

Ans: The irresistible impulse test is defined as the inability to control one‟s conduct, even though one is aware that what they are doing is wrong. This test was developed in response to concerns that the right–wrong test did not account for the actions of those who acted under a compulsion, who could not stop themselves from doing something even though they knew it was a crime.

REF: Cognitive Domain: Comprehension Answer Location: Excuse Defenses Difficulty Level: Medium 10. Explain family law.

Ans: The family is the basic institution of any society. Because of this, we should expect all societies to have laws designed to protect the integrity of marriage. Family law is focused largely on the creation of and dissolution of marriages and other interpersonal relationships and the resultant changes in fiscal and personal responsibilities between the parties.

REF: Cognitive Domain: Comprehension Answer Location: Family Law Difficulty Level: Medium Essay 1. Define civil law and explain how it differs from criminal law.

Ans. Civil law deals with disputes between individuals and corporation; criminal law deals with the state versus an individual in a civil case, a complaint is filed by a private party, known as the plaintiff, rather than by a prosecutor because the injured party is a private citizen, not the state. Occasionally, however, the government may be involved in a civil suit, either as a plaintiff or defendant. At the termination of a civil trial decided in favor of the plaintiff, redress may be in the form of monetary damages, injunctions, or specific performance (particular actions the defendant must perform). There can be no penalty inflicted by the state such as imprisonment or probation in a civil action.

However, the court may order the sheriff to execute the judgment order by seizing and selling a losing defendant‟s property to satisfy the judgment. The defendant, of course, may appeal the verdict or the judgment to a higher court. In addition, in a civil case, the rights afforded to criminal defendants under the Fourth, Fifth, and Sixth Amendments do

not apply to civil defendants. Civil law is private law in that it governs transactions between nongovernment entities such as corporations and private individuals. Public law involves the regulation of the various relationships between and among the government and private parties such as corporations and private individuals. Criminal law is part of public law. The level of proof is beyond a reasonable doubt in criminal law while it is preponderance of the evidence in civil law.

REF: Cognitive Domain: Analysis Answer Location: Types of Law: Criminal and Civil Difficulty Level: Medium 2. Explain the difference between mala in se and mala prohibita crimes.

Ans: Mala in se crimes are crimes that are inherently harmful because they generate strong emotional responses in all victims of them. A core of acts that are universally condemned and criminalized. Examples include murder, rape, assault, and theft. Acts not considered mala in se may or may not be criminalized in a particular place at a particular time according to the social attitudes surrounding those acts at the time.

These are referred to as mala prohibita crimes.

REF: Cognitive Domain: Analysis Answer Location: What Is Crime?

Difficulty Level: Medium 3. Identify and define the different tests of insanity.

Ans: The four different tests of insanity include the M‟Naghten rule, the irresistible impulse test, the Durham rule, and the substantial capacity test. The M‟Naghten rule is also known as the right–wrong test, meaning that the M‟Naghten standard for insanity is realized if a defendant did not know either what he or she was doing or know that it was wrong. The irresistible impulse test is defined as the inability to control one‟s conduct, even though one is aware that what they are doing is wrong. The Durham rule or product test is met when the act was the product of the defendant‟s mental illness. It goes beyond the right–wrong test to include mental disease or defects. Almost all jurisdictions have abandoned the Durham test for being too broad. The substantial capacity test is defined as when the defendant lacks substantial capacity to appreciate the wrongfulness of his or her conduct or the ability to control it. It is a blend of the M‟Naghten and irresistible impulse tests.

REF: Cognitive Domain: Comprehension Answer Location: Excuse Defenses Difficulty Level: Medium 4. A man aims a loaded gun at a woman and fires, intending to kill her, yet misses and kills a nearby child. With what crime can he be charged and how can intent be proven in this situation? Explain.

Ans: There is one other form of intent developed at common law, known as the doctrine of transferred intent. This doctrine of transferred intent applies to situations where a person intended to harm A, but in error harmed B. To prevent the defendant from escaping liability by claiming that he or she did not intend to hurt B and therefore the element of intent is missing, courts developed the concept of transferred intent. The

concept means that the intent to harm a person who is not actually harmed is transferred to the person who is. Thus, if the man shoots at a woman with the intention of harming her but misses and kills a nearby child instead, under the doctrine of transferred intent, the man‟s intent (to kill the woman) is transferred to the child, so he cannot claim he is not guilty of a crime because he did not intend to kill the child. He can then be charged with murder under the doctrine of transferred intent. He committed the act (pulling the trigger[s]); his purposeful intent to kill the woman is transferred to the child fulfilling the mens rea requirement; the act and intent occurred simultaneously fulfilling the concurrence requirement; “but for” his actions, the harm would not have occurred fulfilling the cause requirement; and the death of child fulfills the harm requirement. Therefore, all of the requirements are present to charge the man with murder.

REF: Cognitive Domain: Application Answer Location: The Five Elements of Criminal Offenses Difficulty Level: Hard 5. Explain the logic behind holding a person liable for an attempted, yet failed or incomplete act. Should the person be held to a lower standard than if the act had been completed successfully?

Ans: The doctrine of attempt developed as a means of controlling both potentially dangerous persons and activities. For one to be liable for attempting to commit a crime, there must be proof of the specific intent to carry out an act that constitutes a crime.

General intent, meaning the person‟s general disposition to commit criminal acts at any time or against any person when the opportunity arises, is not sufficient. As the criminal law does not punish evil thoughts alone, there must be some evidence of a specific intention to commit an overt act in the pursuance of the intended crime. Courts generally require evidence of “some step” or “substantial steps” (Model Penal Code, 1962), which constitute perpetration of the criminal act.

REF: Cognitive Domain: Application Answer Location: Inchoate Crime Difficulty Level: Hard

Chapter 4: Court Organization and Structure Test Bank Multiple Choice 1. A court‟s jurisdiction is conferred by statute or ______.

A. executive order B. opinion C. popular vote D. constitution Ans: D

REF: Cognitive Domain: Knowledge Answer Location: Jurisdiction Difficulty Level: Easy 2. Which type of jurisdiction refers to the division of responsibilities and functions among the various courts?

A. subject matter B. geographic C. hierarchical D. general Ans: C REF: Cognitive Domain: Comprehension Answer Location: Jurisdiction Difficulty Level: Medium 3. All cases are first heard in courts of ______.

A. primary jurisdiction B. limited jurisdiction C. original jurisdiction D. appellate jurisdiction Ans: C REF: Cognitive Domain: Knowledge Answer Location: Jurisdiction Difficulty Level: Easy 4. The power to review a decision of a lower court is known as ______.

A. primary jurisdiction B. limited jurisdiction C. original jurisdiction D. appellate jurisdiction Ans: D REF: Cognitive Domain: Knowledge Answer Location: Jurisdiction Difficulty Level: Easy 5. The federal court system today consists of three primary tiers: district courts, courts of appeal, and ______.

A. the Supreme Court B. the Constitutional Court C. the Congressional Court D. there are only two primary tiers in the federal court system Ans: A REF: Cognitive Domain: Knowledge Answer Location: Federal Courts Difficulty Level: Easy

6. States are categorized into the 11 state circuit courts by ______.

A. date they joined the union B. population C. average yearly caseloads D. geographic location Ans: D REF: Cognitive Domain: Knowledge Answer Location: Courts of Appeals Difficulty Level: Easy 7. How many U.S. Supreme Court justices must vote to hear a case in order to grant a writ of certiorari?

A. four B. five C. six D. seven Ans: A REF: Cognitive Domain: Knowledge Answer Location: The Supreme Court Difficulty Level: Easy 8. The first level of state courts includes which of the following?

A. trial courts of general jurisdiction B. appellate courts C. supreme courts D. courts of limited jurisdiction Ans: D REF: Cognitive Domain: Knowledge Answer Location: Courts of Limited Jurisdiction Difficulty Level: Easy 9. In which state courts are warrants typically issued?

A. courts of limited jurisdiction B. courts of general jurisdiction C. appellate courts D. state supreme courts Ans: A REF: Cognitive Domain: Knowledge Answer Location: Courts of Limited Jurisdiction Difficulty Level: Easy 10. In the majority of states, which is the court level “of last resort” in the state system?

A. court of limited jurisdiction B. court of general jurisdiction C. court of appeals D. state Supreme Court

Ans: D REF: Cognitive Domain: Knowledge Answer Location: State Supreme Courts Difficulty Level: Easy 11. After losing an appeal in a state supreme court, what is the next level of appeal?

A. federal district court B. the U.S. Supreme Court C. a state supreme court en banc hearing D. none (end of the road) Ans: B REF: Cognitive Domain: Comprehension Answer Location: State Supreme Courts Difficulty Level: Medium 12. Who determines the outcome in a bench trial?

A. prosecutor B. judge C. defense attorney D. magistrate Ans: B REF: Cognitive Domain: Knowledge Answer Location: Judge Difficulty Level: Easy 13. Which of the following is a type of defense attorney that is selected and paid for by the defendant?

A. public defender B. appointed counsel C. retained counsel D. private defender Ans: C REF: Cognitive Domain: Comprehension Answer Location: Defense Attorney Difficulty Level: Medium 14. Which system is used to appoint federal judges?

A. executive appointment B. congressional vote C. popular election D. the merit system Ans: A REF: Cognitive Domain: Knowledge Answer Location: Judicial Selection Methods Difficulty Level: Easy

15. Assuming “good behavior,” U.S. Supreme Court justices serve terms ______.

A. of four years B. of eight years C. of 10 years D. for life Ans: D REF: Cognitive Domain: Knowledge Answer Location: Judicial Selection Methods Difficulty Level: Easy 16. Who has the authority to remove federal judges found to be guilty of “treason, bribery, or other high crimes and misdemeanors?”

A. the President B. the Congress C. fellow federal judges D. the people (citizens) Ans: B REF: Cognitive Domain: Comprehension Answer Location: Judicial Selection Methods Difficulty Level: Medium 17. The prosecution is the representative from which branch of the government?

A. executive B. legislative C. judicial D. none of these Ans: A REF: Cognitive Domain: Comprehension Answer Location: Prosecutor Difficulty Level: Medium 18. The right to counsel is guaranteed by what amendment to the Constitution?

A. Fourth Amendment B. Fifth Amendment C. Sixth Amendment D. Eighth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Defense Attorney Difficulty Level: Easy 19. What courts are the trial courts of the state court system?

A. court of limited jurisdiction B. court of general jurisdiction C. court of appeals D. state supreme courts

Ans: B REF: Cognitive Domain: Knowledge Answer Location: Jurisdiction Difficulty Level: Easy 20. Witnesses who possess certain qualifications or credentials are known as ______.

A. professional witnesses B. expert witnesses C. career witnesses D. research witnesses Ans: B REF: Cognitive Domain: Knowledge Answer Location: Other Actors Difficulty Level: Easy 21. The criminal process begins either with the filing of a complaint or ______.

A. an appearance B. an arrest C. an information D. booking Ans: B REF: Cognitive Domain: Comprehension Answer Location: Pretrial Proceedings Difficulty Level: Medium 22. A motion to compel discovery is typically filed by the ______.

A. defense B. prosecution C. judge D. jury Ans: A REF: Cognitive Domain: Knowledge Answer Location: Pretrial Motions Difficulty Level: Easy 23. What are the two ways that charges may be filed against a defendant?

A. complaint and arrest B. arrest and arraignment C. complaint and indictment D. indictment and information Ans: D REF: Cognitive Domain: Analysis Answer Location: Pretrial Proceedings Difficulty Level: Medium 24. A writ of habeas corpus is what kind of appeal?

A. mandatory B. direct C. distal D. indirect Ans: D REF: Cognitive Domain: Knowledge Answer Location: Appeals Difficulty Level: Easy 25. Regarding jury selection, what type of challenges are unlimited?

A. peremptory B. legal C. for cause D. factual Ans: C REF: Cognitive Domain: Comprehension Answer Location: Jurors Difficulty Level: Medium True/False 1. Personal jurisdiction refers to the authority of a court over a particular subject.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Jurisdiction Difficulty Level: Medium 2. State courts are the “workhorses” of the American judicial system.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Structure and Jurisdiction of U.S. Courts Difficulty Level: Easy 3. Magistrate judges are on a lower judicial level than are appellate court justices.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: State Courts Difficulty Level: Medium 4. Courts of appeals hear only criminal appeals.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Courts of Appeals Difficulty Level: Easy 5. Congress has the authority to change the number of justices on the Supreme Court.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Supreme Court Difficulty Level: Easy 6. General jurisdiction means a court has the authority to hear a variety of cases and is not limited to hearing only a particular type of case.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Courts of General Jurisdiction Difficulty Level: Easy 7. State courts of limited jurisdiction generally hear only criminal cases.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Courts of Limited Jurisdiction Difficulty Level: Easy 8. Proceedings in lower courts are often more informal in nature than they are in appellate courts or trial courts.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Courts of Limited Jurisdiction Difficulty Level: Easy 9. Courts of original jurisdiction are the courts of general jurisdiction for both the state and federal systems.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Courts of General Jurisdiction Difficulty Level: Medium 10. State courts of general jurisdiction can hear both criminal trials as well as appeals from lower courts.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Courts of Limited Jurisdiction Difficulty Level: Medium 11. Appellate courts do not decide matters of fact.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Appellate Courts Difficulty Level: Easy 12. The attorney general is typically not very active in day-to-day prosecutions.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Prosecutor Difficulty Level: Medium 13. Retained counsel are attorneys selected by the defendant and paid for by the court.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Defense Attorney Difficulty Level: Medium 14. Juries are involved in almost every criminal case.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Jurors Difficulty Level: Medium 15. If the grand jury refuses to indict the defendant, it is referred to as a true bill.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Pretrial Proceedings Difficulty Level: Medium Short Answer 1. Explain a trial de novo.

Ans: A trial de novo is not like a standard appeal, where the higher court concerns itself only with a review of any legal errors that may have occurred at trial. Instead, a trial de novo is an entirely new trial. Lower courts are not courts of record, that is, there is no constitutional requirement to provide an official, verbatim recording or transcript of the proceedings. The only official document is the judgment of the court.

REF: Cognitive Domain: Comprehension Answer Location: Courts of Limited Jurisdiction Difficulty Level: Medium 2. Discuss the most common method of selecting judges among the states.

Ans: Election is the most commonly used form of judicial selection. The vast majority of state court judges are elected. Elections can be either partisan (the candidate‟s political party affiliation is listed on the ballot) or nonpartisan (no party affiliation is listed). In some states, judges first run in a partisan election and then stand for retention in subsequent elections; this means that the judge runs uncontested and the voters decide whether he or she should be retained in office.

REF: Cognitive Domain: Comprehension Answer Location: Judicial Selection Methods Difficulty Level: Medium

3. What is the role of the U.S. Attorney General?

Ans: At the top of the hierarchy is the state attorney general, who is the state‟s chief legal officer. The attorney general represents the state in court when state laws and policies are challenged but plays a very limited role in criminal trials and does not supervise the activities of local prosecutors.

REF: Cognitive Domain: Knowledge Answer Location: Prosecutor Difficulty Level: Easy 4. Discuss the beginning of the criminal process?

Ans: The criminal process begins with either the filing of a complaint or an arrest. A complaint is simply a legal document in which is made an accusation that a specific person committed a specified criminal act. If an arrest is made first, a complaint will be sworn out afterward, usually by the arresting officer. The complaint serves as the charging document for the preliminary hearing.

REF: Cognitive Domain: Comprehension Answer Location: Pretrial Proceedings Difficulty Level: Medium 5. Describe what happens when someone is booked.

Ans: After a person is arrested, he or she is booked. Booking involves entering into the police blotter the suspect‟s name, arrest time, and offense charged, as well as the taking of fingerprints and a “mug shot.”

REF: Cognitive Domain: Knowledge Answer Location: Pretrial Proceedings Difficulty Level: Easy 6. Discuss the period between arraignment and trial.

Ans: The period between arraignment and trial is referred to as the discovery period because this is the time when both sides may seek to discover what evidence the other side has. This is typically done via a pretrial motion. These motions may cover a variety of issues. Common pretrial motions filed by the defense in criminal cases include a motion to compel discovery and a motion to suppress evidence. The judge will rule on these motions before the trial begins. The judge may hold a hearing where the prosecution and defense can argue for why the motion should (or should not) be granted.

REF: Cognitive Domain: Comprehension Answer Location: Pretrial Motions Difficulty Level: Medium 7. What is the first step of a criminal trial? Who goes first during this step?

Ans: Once the jury is selected and sworn in, the trial begins. The first step is the making of opening statements--first by the prosecution and then by the defense. The prosecution goes first because it has the burden of proof. The defense may then speak, or choose to reserve its opening statement until after the prosecution has presented its evidence. After opening statements, the prosecution presents the evidence supporting

its claim that the defendant has committed a crime. This is referred to as the prosecution‟s case-in-chief. During this phase, the prosecution must establish each element of crime charged beyond a reasonable doubt.

REF: Cognitive Domain: Comprehension Answer Location: The Trial Difficulty Level: Medium 8. What are the possible pleas a defendant can make in a criminal trial? At what stage in the criminal process does this occur?

Ans: At the arraignment, the defendant enters a plea, which is the defendant‟s response to the charges. The arraignment and the preliminary hearing are in some states merged into one proceeding. Possible pleas include guilty, not guilty, no contest, and standing mute. Standing mute means refusing to enter any plea at all. When this happens, the judge enters a “not guilty” plea for the defendant. This is because, under the U.S. Constitution, there is a presumption of evidence and the state is required to overcome this presumption with proof of guilt beyond a reasonable doubt. Entering a “not guilty” plea thus preserves even the uncooperative defendant‟s right to trial. A no contest plea, also referred to as nolo contendre, means the defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit criminal wrongdoing.

This plea is frequently used by defendants who fear being exposed to civil liability for their criminal misdeeds--a guilty plea in a criminal court could be entered into evidence in a subsequent civil trial, where the burden of proof is lower.

REF: Cognitive Domain: Comprehension Answer Location: Pretrial Proceedings Difficulty Level: Medium 9. Discuss the role of the bailiff at the state and federal levels.

Ans: There are a number of other actors in the courts. These include the bailiff. This person is usually a law enforcement officer (often a sheriff‟s deputy) whose job is to maintain order in the courtroom and transport incarcerated defendants to and from court proceedings. At the federal level, bailiffs are U.S. Marshals. Another court actor is the court administrator, who is responsible for facilitating the smooth flow of cases. They maintain the court records, schedule hearings, and manage court personnel. Court administrators tend to work behind the scenes, but two court actors whose jobs are closely related to court administrators are highly visible in court.

REF: Cognitive Domain: Knowledge Answer Location: Other Actors Difficulty Level: Easy 10. Explain geographical jurisdiction.

Ans: Geographic jurisdiction refers to the authority of a court to hear cases that arise within specified geographical boundaries, such as a city, county, state, or country. This is also sometimes referred to as venue. For a court to have jurisdiction over an event, that event must have taken place within the geographic jurisdiction of the court. Thus, a person who assaults someone in Washington could not be prosecuted in Arizona for that assault. The proper forum is the state of Washington, and the appropriate court

within Washington would be the court in the county in which the assault occurred.

REF: Cognitive Domain: Comprehension Answer Location: Jurisdiction Difficulty Level: Medium Essay 1. What is jurisdiction and how many types are there? Why is jurisdiction important for understanding courts?

Ans: The term jurisdiction comes from the Latin juris (“law”) and dicere (“to speak”) and denotes the legal authority or power of a court to hear a case. A court‟s jurisdiction is conferred by statute or constitution. There are four primary types of jurisdiction: personal, subject matter, geographical, and hierarchical. Personal jurisdiction refers to the authority of a court over the person. Subject matter jurisdiction refers to the authority conferred on a court to hear a particular type of case. Geographic jurisdiction refers to the authority of a court to hear cases that arise within specified boundaries, such as a city, county, state, or country. Hierarchical jurisdiction refers to the division of responsibilities and functions among the various courts.

REF: Cognitive Domain: Comprehension Answer Location: Jurisdiction Difficulty Level: Medium 2. Explain the reasons for and against the popular election of judges.

Ans: The main arguments for popular elections of judges are that judges are held responsible by the people and that people know the judges‟ values and beliefs.

Arguments against why are that judges should be neutral and detached. When state court judges must face the electorate, questions of politics invariably arise. Many legal scholars believe that judges should not run partisan campaigns or discuss their positions on issues that may come before them. They argue that judges, who are expected to be neutral and detached, should not announce their positions or indicate how they would vote on issues such as abortion or the death penalty. Some judges, however, run highly politicized campaigns. In 1994, for example, Stephen W. Mansfield campaigned for the Texas Court of Appeals “on promises of the death penalty for killers and sanctions for attorneys who file „frivolous appeals, especially in death penalty cases‟” (Bright & Keenan, 1995, p. 762). Many states have canons of judicial conduct that prohibit judges from announcing their views on disputed legal or political issues.

However, in 2002, the U.S. Supreme Court ruled that these restrictions violate the freedom of speech protections of the First Amendment (Republican Party of Minnesota v. White, 2002).

REF: Cognitive Domain: Analysis Answer Location: Judicial Selection Methods Difficulty Level: Medium 3. Briefly explain the jury selection process. Which amendment includes the right to an impartial jury?

Ans: The jury selection process begins with the selection of a jury pool, a process known as venire. The jury pool is typically generated from a list of registered voters and driver‟s license records. Some states even use telephone directories or lists of utility customers. All states have minimal qualifications such as being at least 19 years old, a U.S. citizen, and a resident of the jurisdiction where the case will be heard. Once the jury pool is formed, people are selected from the list for jury service. Individuals selected from the jury pool for a particular case are usually called the jury panel. Members of the jury panel are called into court and, in a process known as voir dire (which is French for “to see to speak”), they are asked a series of questions by the judge and/or the lawyers.

They are asked about their background, their familiarity with the case, whether they are friends or acquaintances of any of the parties to the case, and their attitudes about certain issues that may arise during the trial. These questions are, at least in theory, designed to determine whether the potential jurors are unbiased and can decide the case fairly and impartially. Potential jurors can be excused--or challenged--by either the prosecutor or the defense attorneys. Both sides have an unlimited number of challenges for cause; these challenges, which require the judge‟s approval, are used to excuse jurors who cannot be fair and impartial. In addition, each side has a limited number of peremptory challenges, which can be used to excuse potential jurors without giving any reason at all. The peremptory challenge has been criticized on a number of grounds, the most important of which concerns allegations that prosecutors use them to remove African Americans and Hispanics from juries trying racial minorities. The amendment that includes the right to an impartial jury is the Sixth Amendment.

REF: Cognitive Domain: Comprehension Answer Location: Jury Selection Difficulty Level: Medium 4. Briefly explain the state court system.

Ans: State courts usually include four levels. These levels are courts of limited jurisdiction, courts of general jurisdiction, courts of appeals, and courts of last resort (state supreme court). The first level of state trial courts includes the trial courts of limited jurisdiction. Courts of limited jurisdiction are those courts that deal with the less serious offenses and civil cases. These courts are referred to by a variety of names, including justice of the peace court, magistrate‟s court, municipal court, and county court. These lower courts handle a wide variety of matters, including minor criminal cases, traffic offenses, violations of municipal ordinances, and civil disputes under a certain amount. On the criminal side, these courts may also be responsible for issuing search and arrest warrants and conducting the preliminary stages of felony cases, such as the preliminary hearing and arraignment. On the civil side, these courts may handle a variety of matters, including juvenile delinquency, family law, and probate. The next level in a typical state court system includes the courts of general jurisdiction. These are the trial courts for civil and criminal matters. They are also courts of original jurisdiction in that it is here that trials for felonies are held. They are generally authorized to hear any matters not exclusively designated for courts of limited jurisdiction; in some states, they may even have concurrent jurisdiction with lower courts on some matters, such as misdemeanors. They may also hear appeals, in the form of a trial de novo, from lower courts. At the next level of the state court system are the appellate courts. These courts-

-which go by such names as appeals courts, appellate courts, appellate divisions, and courts of appeals--are found in 39 states. Larger states often have several such courts, and they may divide them into civil and criminal divisions. The state appellate courts-like the federal circuit courts of appeals--hear civil and criminal appeals from the lower courts within their jurisdiction. Appellate courts have both mandatory and discretionary jurisdictions. The court of last resort is in most states called the state supreme court.

The courts of last resort usually hear the majority of appeals on a discretionary basis, similar to the U.S. Supreme Court. This allows them to control their docket and focus on cases involving significant legal issues. The exceptions are those states that do not have an intermediate appellate court and, in other states, death penalty cases. In states without an intermediate appellate court (usually the smaller, less populous states), the state supreme court is the only appellate court and thus is mandated by law to hear all appeals. Most states also require that their supreme court hears all appeals in cases involving the death penalty. This is provided as an extra safeguard, as the punishment in these cases is obviously the most severe possible, and the states wish to be absolutely sure the defendant has received a fair trial. For most cases, the state supreme court is the end of the line, the final arbiter of the dispute. The only option for a losing party in the state supreme court is to appeal directly to the U.S. Supreme Court, and to do so, the party must be able to identify a legal issue that involves the U.S. Constitution or a federal law.

REF: Cognitive Domain: Comprehension Answer Location: State Courts Difficulty Level: Medium 5. Explain the primary roles of defense attorneys in a criminal trial. What are the various types of defense attorneys as discussed in the textbook?

Ans: The role of defense counsel is primarily to (1) ensure the defendant‟s rights are not violated (intentionally or in error) by the police; (2) make sure the defendant knows all his or her options before the defendant makes a decision; (3) provide the defendant with the best possible defense, without violating ethical and legal obligations; (4) investigate and prepare the defense; and (5) argue for the lowest possible sentence or the best possible plea bargain. Several types of defense counsel include private, retained counsel, public defenders, and appointed counsel. Retained counsels are attorneys selected and paid by the defendant. Public defenders are hired by the state but work for defendants who cannot afford to hire their own lawyer. Appointed counsels are private attorneys who are paid by the state on a case-by-case basis to represent indigent defendants.

REF: Cognitive Domain: Analysis Answer Location: Defense Attorney Difficulty Level: Medium

Chapter 5: Prosecutors Test Bank

Multiple Choice 1. In colonial America, prosecution of a defendant was largely carried out by ______.

A. a judge B. the local prosecutor C. the colonial prosecutor D. the victim Ans: D REF: Cognitive Domain: Knowledge Answer Location: Historical Evolution of the American Prosecutor Difficulty Level: Easy 2. How are federal U.S. Attorneys selected?

A. executive appointment B. legislative vote C. judicial appointment D. popular vote Ans: A REF: Cognitive Domain: Knowledge Answer Location: The Federal Prosecutor Difficulty Level: Easy 3. Assuming good behavior, federal U.S. Attorneys serve terms for ______.

A. 4 years B. 6 years C. 8 years D. life Ans: A REF: Cognitive Domain: Knowledge Answer Location: The Federal Prosecutor Difficulty Level: Easy 4. In the federal court system, the government is represented by ______.

A. the District Attorney B. the Prosecuting Attorney C. the State‟s Attorney D. the U.S. Attorney Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Federal Prosecutor Difficulty Level: Easy 5. Which of the following is true of most state systems of prosecution?

A. They are decentralized.

B. They are centralized.

C. They rarely prosecute cases.

D. none of these Ans: A REF: Cognitive Domain: Knowledge Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Easy 6. In the majority of states, how is the chief local prosecuting attorney selected?

A. executive appointment B. legislative vote C. judicial appointment D. popular election Ans: D REF: Cognitive Domain: Knowledge Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Easy 7. Which of the following is not one of the elected prosecutors‟ daily duties?

A. manage the organization for the office B. make court appearances C. manage the long-term planning for the office D. set policies and priorities Ans: B REF: Cognitive Domain: Comprehension Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Medium 8. Which model of prosecution assigns different prosecutors to each of the steps of a case?

A. step-by-step model B. case-by-case model C. horizontal model D. vertical model Ans: C REF: Cognitive Domain: Knowledge Answer Location: Organization and Operation of the Prosecutor‟s Office Difficulty Level: Easy 9. Which model of prosecution assigns one single prosecutor to one entire case?

A. step-by-step model B. case-by-case model C. horizontal model D. vertical model Ans: D REF: Cognitive Domain: Knowledge Answer Location: Organization and Operation of the Prosecutor‟s Office Difficulty Level: Easy

10. Under the mixed model of prosecution, which combines two other forms of prosecution, which of the two forms is used most frequently?

A. step-by-step model B. case-by-case model C. horizontal model D. vertical model Ans: C REF: Cognitive Domain: Knowledge Answer Location: Organization and Operation of the Prosecutor‟s Office Difficulty Level: Easy 11. Which of the following is not a nonprosecutorial duty of prosecutors‟ offices?

A. victim assistance B. civil asset forfeiture C. alimony enforcement D. child support enforcement Ans: C REF: Cognitive Domain: Comprehension Answer Location: Nonprosecutorial Duties Difficulty Level: Medium 12. Which of the following is not a common role of state prosecutors?

A. advising police during an investigation B. offering opinions as to which suspect may be guilty C. helping to prepare warrants D. cooperating with police to work with witnesses Ans: B REF: Cognitive Domain: Comprehension Answer Location: Assisting Law Enforcement Officers Difficulty Level: Medium 13. Evidence that is favorable to the defendant is called ______.

A. exculpatory evidence B. impeachment evidence C. direct evidence D. indirect evidence Ans: A REF: Cognitive Domain: Knowledge Answer Location: Disclosure of Evidence Difficulty Level: Easy 14. What must be at the core of the prosecutor‟s role in the criminal justice system?

A. appropriate conduct B. prosecutorial conduct C. ethical conduct

D. legitimate conduct Ans: C REF: Cognitive Domain: Knowledge Answer Location: Prosecutorial Ethics and Misconduct Difficulty Level: Easy 15. Prosecutorial discretion is beyond judicial review unless the decision is based on which of the following?

A. race B. gender C. vindictiveness D. all of these Ans: D REF: Cognitive Domain: Knowledge Answer Location: Screening Cases and Making Charging Decisions Difficulty Level: Easy 16. Typically, a prosecutor will charge a defendant with ______.

A. the most serious level of crime the defender is believed to have committed B. the crime with the best chance of reaching a conviction C. the crime worked out in advance with the defense attorney‟s office D. the crime recommended to the prosecutor‟s office by the police investigator(s) Ans: A REF: Cognitive Domain: Knowledge Answer Location: Screening Cases and Making Charging Decisions Difficulty Level: Easy 17. Who establishes the starting point from which a plea bargain is reached?

A. the judge B. the prosecutor C. the defense attorney D. the defendant Ans: B REF: Cognitive Domain: Comprehension Answer Location: Plea Bargaining Difficulty Level: Medium 18. What factor(s) do prosecutors consider in making a charging decision?

A. seriousness and nature of the offense B. offender culpability C. likelihood of conviction D. all of these Ans: D REF: Cognitive Domain: Knowledge Answer Location: Screening Cases and Making Charging Decisions Difficulty Level: Easy

19. Impeachment evidence is any evidence that damages the ______.

A. prosecution‟s case B. defendant‟s case C. credibility of a witness D. credibility of an alibi Ans: C REF: Cognitive Domain: Knowledge Answer Location: Disclosure of Evidence Difficulty Level: Easy 20. Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense?

A. The prosecutor is held in contempt of court.

B. The court dismisses the charges against the defendant.

C. The prosecutor is charged with obstruction of justice.

D. The evidence is handed over and the case retried.

Ans: B REF: Cognitive Domain: Knowledge Answer Location: Disclosure of Evidence Difficulty Level: Easy 21. Who controls the plea bargaining process?

A. the judge B. the clerk C. the defense attorney D. the prosecutor Ans: D REF: Cognitive Domain: Knowledge Answer Location: Plea Bargaining Difficulty Level: Easy 22. Which of the following will most consistently and severely chastise a young, “renegade” prosecutor?

A. the judge B. other prosecutors C. the defense attorney D. the bailiff Ans: A REF: Cognitive Domain: Comprehension Answer Location: Working in the Courtroom Workgroup Difficulty Level: Medium 23. Which of the following is the primary purpose of the prosecutor during a trial?

A. obtain a conviction B. seek justice

C. process the case as quickly as possible D. secure the maximum sentence for the defendant Ans: B REF: Cognitive Domain: Knowledge Answer Location: Prosecutorial Ethics and Misconduct Difficulty Level: Easy 24. Recently, the criminal justice system has moved toward which model of crime control?

A. proactive B. retroactive C. reactive D. none of these Ans: A REF: Cognitive Domain: Knowledge Answer Location: Community Prosecution Difficulty Level: Easy 25. Which of the following is not one of the core elements of community prosecution?

A. a proactive approach to crime B. a defined target area C. use of varied enforcement methods D. prosecution of public order offenses Ans: D REF: Cognitive Domain: Comprehension Answer Location: Community Prosecution Difficulty Level: Medium True/False 1. Prosecutors are actively involved in almost every step of the criminal justice process.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Medium 2. Exculpatory evidence is the evidence that is favorable to the defendant.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Disclosure of Evidence Difficulty Level: Easy 3. In most offices, the chief state prosecutor functions more as a corporate manager than a prosecuting attorney.

Ans: T REF: Cognitive Domain: Comprehension

Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Medium 4. Prosecutorial misconduct will always result in sanctions.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Prosecutorial Ethics and Misconduct Difficulty Level: Medium 5. Assistant prosecutors are typically young attorneys looking for a large paycheck.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Medium 6. The primary, overall job of the prosecutor‟s office is to represent the government in criminal cases.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Prosecutor‟s Duties Difficulty Level: Easy 7. In the federal court system, the government is represented by the U.S. Attorney.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Federal Prosecutor Difficulty Level: Easy 8. One common role of state prosecutors is to work to legally enforce child support and child protection programs.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Child Support Enforcement Difficulty Level: Easy 9. In most cases, the lead police investigator of a case interviews witnesses before trial.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Medium 10. Prosecutors work under a great deal of judicial oversight.

Ans: F REF: Cognitive Domain: Analysis Answer Location: The Expansion of the Prosecutor‟s Discretionary Power Difficulty Level: Medium

11. Given their discretion, prosecutors may file charges against a suspect even if they know there is far too little evidence to obtain a conviction.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Screening Cases and Making Charging Decisions Difficulty Level: Medium 12. State systems of prosecution are extremely decentralized.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Selection of the Local Prosecuting Attorney Difficulty Level: Easy 13. Aspects of the courtroom, such as plea bargains and its “assembly line” nature, are necessary in most cases to avoid becoming swamped by the large number of cases before them.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Working in the Courtroom Workgroup Difficulty Level: Medium 14. Mandatory sentencing laws have increased the discretionary power of prosecutors.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: The Expansion of the Prosecutor‟s Discretionary Power Difficulty Level: Medium 15. Establishing a solid partnership between the prosecutor, the community, and law enforcement is vital for community prosecution.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Community Prosecution Difficulty Level: Medium Short Answer 1. What event typically causes most, if not all, of the U.S. Attorneys to be replaced?

Ans: In the federal court system, the government is represented by the U.S. Attorney.

The Judiciary Act of 1789 provided that within each judicial district, an attorney shall be appointed by the president as the U.S. Attorney and represent the government in federal prosecutions. Generally, U.S. Attorneys serve 4-year terms, but they may be removed from office at the will of the president. As the position is politically appointed, when a new president is elected into office, most if not all U.S. Attorneys are replaced by appointees of the new president‟s choosing.

REF: Cognitive Domain: Comprehension

Answer Location: The Federal Prosecutor Difficulty Level: Medium 2. Discuss the significance of the Judiciary Act of 1789.

Ans: At the time the U.S. Constitution was ratified in 1789, the prosecutor was appointed by the government and straddled a line between the judicial and executive branches of government. In the federal government, the practice of executive appointment was put into law by the Judiciary Act of 1789. At the state and local levels, the appointment of prosecuting attorneys continued as a matter of local custom or pursuant to state constitutions.

REF: Cognitive Domain: Comprehension Answer Location: The Federal Prosecutor Difficulty Level: Medium 3. Discuss the significance of plea bargaining.

Ans: In the United States, a vast majority of criminal prosecutions are settled through a plea bargain. The term plea bargain implies that the prosecution and the defense each give up something to reach a mutually acceptable disposition. While this is generally true, it is the prosecutor that sets the ground rules for the bargain that is struck. The prosecutor‟s control of the plea bargaining process is largely a result of the discretion possessed by the prosecutor in deciding what charges to file against a defendant. By charging a defendant with the highest level of crime possible, the prosecutor can agree to let the defendant plead guilty to a lesser offense.

REF: Cognitive Domain: Comprehension Answer Location: Plea Bargaining Difficulty Level: Medium 4. Discuss the meaning of going rate.

Ans: Generally, the prosecutor and defense attorney will have a defendant enter into a plea agreement that sentences the defendant to the going rate--that is, the typical sentence for the crime charged. If the prosecution believes it has a case with weak evidence, it is likely to push for a plea agreement in which the defendant receives a better bargain than the going rate, yet the prosecution still obtains a conviction. On the other hand, if the prosecution has an airtight case, or a “slam dunk” against a defendant, it may be unwilling to offer any concessions in exchange for a guilty plea.

REF: Cognitive Domain: Knowledge Answer Location: Plea Bargaining Difficulty Level: Easy 5. Discuss and define community prosecution.

Ans: Since the 1990s, an increasing number of prosecutors‟ offices have engaged in what has been termed community prosecution. Community prosecution involves a partnership among the prosecutor‟s office, law enforcement, and the community, in which the authority and power possessed by the prosecutor‟s office are used to identify and solve problems, enhance public safety, and improve the quality of life in the community. Under a community prosecution model, the role of the prosecutor is

redefined from a law enforcer in an adversary system to a member of a community partnership with the ability to facilitate mediation, galvanize community action, and impose civil sanctions and other nontraditional remedies in an effort to eradicate a problem faced by a community.

REF: Cognitive Domain: Comprehension Answer Location: Community Prosecution Difficulty Level: Medium 6. What are the three general models used by prosecutors‟ offices for prosecuting cases?

Ans: The horizontal model, the vertical model, and the mixed model of prosecution.

Under a horizontal model of prosecution, assistant prosecutors are assigned to units that handle specific steps or functions in the judicial process that are routine in nature and involve limited discretion. Under a vertical model of prosecution, a case is assigned to a single prosecutor who is responsible for the case at each step in the judicial process from initial appearance through a final disposition. In an effort to include the positive aspects of the two modes of prosecution, many jurisdictions have adopted a mixed model of prosecution. Under mixed models, most cases are handled in a horizontal manner.

REF: Cognitive Domain: Knowledge Answer Location: Organization and Operation of the Prosecutor‟s Office Difficulty Level: Easy 7. Explain the dual system of criminal justice.

Ans: Acts that violate federal statutes are prosecuted in the federal court system.

Violations of state laws are prosecuted in the state where the act occurred. The United States has a dual system of criminal justice. Acts that violate federal statutes are prosecuted in the federal court system. Violations of state laws are prosecuted in the state where the act occurred. It should not be surprising, therefore, that prosecutors in the federal system and state-level prosecutors operate in different spheres.

REF: Cognitive Domain: Comprehension Answer Location: The Federal Prosecutor Difficulty Level: Medium 8. What three key factors drive prosecutorial charging decisions?

Ans: Three key factors drive these decisions. The first is the seriousness and nature of the offense. While this would seem to be a straightforward consideration, it can be quite complex and controversial. Trying to measure the comparative seriousness of different crimes is not an easy task. A second factor that is considered in charging decisions is an offender‟s culpability. Crimes in which the offender acted intentionally or maliciously are more likely to be prosecuted than crimes resulting from a negligent or reckless act.

This third factor, the likelihood of being able to obtain a conviction at trial, has been repeatedly shown by research to be a critical factor in charging decisions.

REF: Cognitive Domain: Analysis Answer Location: Screening Cases and Making Charging Decisions Difficulty Level: Medium

9. Discuss the significance of Brady v. Maryland (1963) and how it relates to exculpatory evidence.

Ans: Exculpatory evidence is the evidence that is favorable to the defendant. Pursuant to the Supreme Court decision in Brady v. Maryland (1963), a prosecutor must disclose exculpatory evidence to the defendant if such evidence is considered to be material evidence. Two decades later, the Supreme Court stated that exculpatory evidence is material if there is a reasonable probability that the result of the proceeding would have been different had the evidence been disclosed.

REF: Cognitive Domain: Comprehension Answer Location: Disclosure of Evidence Difficulty Level: Medium 10. What are the nonprosecutorial duties of the prosecutor‟s office?

Ans: In addition to serving as the county‟s attorney in civil matters, most prosecutors‟ offices have a number of specific, nonprosecutorial duties for which they are responsible. In addition to prosecuting delinquency matters involving juveniles accused of committing crimes, prosecuting attorneys‟ offices are also responsible for a number of duties relating to child welfare and dependency issues. Prosecutors‟ offices are normally responsible for enforcing child support orders. This involves taking legal steps to collect delinquent child support payments. Most prosecutors‟ offices have programs or units to provide assistance to crime victims. As civil forfeiture proceedings are instituted separately from any criminal prosecution, they are usually conducted by the civil side of a prosecuting attorney‟s office.

REF: Cognitive Domain: Analysis Answer Location: Nonprosecutorial Duties Difficulty Level: Medium Essay 1. Identify the three inherent contradictions in the job of the prosecutor as described in the text. Select one of these contradictions.

Ans: (1) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards. (2) The prosecutor is a publicly elected official, yet most of the work performed by the office is done outside the public eye. (3) Prosecutors have a duty to seek justice but operate in an adversarial rather than truth-seeking system.

REF: Cognitive Domain: Application Answer Location: Introduction Difficulty Level: Hard 2. Explain why it is that large prosecutors‟ offices have specialized units to deal with certain crimes and give the advantages of this system.

Ans: Large prosecutors‟ offices maintain a bureaucratic organizational structure.

Consider, for example, the organizational chart for the Philadelphia District Attorney‟s Office in Figure 5.1. While the elected district attorney, Lynne Abraham, sits atop the

organization, everyday operations of the office are overseen by a first assistant and several deputies who oversee the five nonadministrative divisions maintained by the office. Each of these divisions represents a general area for which the office is responsible. Within each division are a number of units or teams that were established to help focus the regular operations of the office. Finally, within each unit, team, or task force, up to several dozen assistant district attorneys carry out specific duties for the office. In many prosecutors‟ offices, units or teams are established to deal with the prosecution of specific classes of crimes. In Philadelphia, for example, the district attorney‟s office has units that deal only with prosecuting homicides, sexual assaults and acts of family violence, economic crimes, and repeat offenders. By having groups of prosecutors focus on specific types of crime, a district attorney‟s office builds up high levels of expertise in areas that are of significant seriousness and public importance.

REF: Cognitive Domain: Comprehension Answer Location: Organization and Operation of the Prosecutor‟s Office Difficulty Level: Medium 3. What is community prosecution and what is the reason the criminal justice system has moved toward this form of prosecution?

Ans: Over the past two decades, the criminal justice system has seen consistent movement toward a community-based, proactive model of justice and crime control.

Starting with community policing in the 1980s, various components of the criminal justice system shifted their focus away from arresting and prosecuting offenders and more toward dealing with underlying issues within the community in an effort to prevent crimes from occurring in the first place.

Since the 1990s, an increasing number of prosecutors‟ offices have engaged in what has been termed community prosecution. Community prosecution involves a partnership among the prosecutor‟s office, law enforcement, and the community, in which the authority and power possessed by the prosecutor‟s office are used to identify and solve problems, enhance public safety, and improve the quality of life in the community. Under a community prosecution model, the role of the prosecutor is redefined from a law enforcer in an adversary system to a member of a community partnership with the ability to facilitate mediation, galvanize community action, and impose civil sanctions and other nontraditional remedies in an effort to eradicate a problem faced by a community.

The American Prosecutors Research Institute (1995) has identified five core elements to community prosecution: a proactive approach to crime; a defined target area; an emphasis on problem-solving, public safety, and quality-of-life issues; partnerships between the prosecutor, the community, law enforcement, and others to address crime and disorder; and the use of varied enforcement methods.

REF: Cognitive Domain: Analysis Answer Location: Community Prosecution Difficulty Level: Hard 4. Explain the three key factors that drive a prosecutor‟s office in determining which cases to prosecute.

Ans: The first is the seriousness and nature of the offense. While this would seem to be a straightforward consideration, it can be quite complex and controversial. Trying to measure the comparative seriousness of different crimes is not an easy task. Although offenses that cause real harm to a person are often given priority, some nonviolent crimes, such as child pornography or large-scale narcotics distribution, may be considered to cause more harm to society than an isolated act of violence. In such cases, the nonviolent offenses may be prosecuted more readily than the crime of violence. A second factor that is considered in charging decisions is an offender‟s culpability. Crimes in which the offender acted intentionally or maliciously are more likely to be prosecuted than crimes resulting from a negligent or reckless act. Another aspect of culpability involves whether the offender has a prior criminal history. This third factor, the likelihood of being able to obtain a conviction at trial, has been repeatedly shown by research to be a critical factor in charging decisions (Albonetti, 1988; Frohmann, 1997). Members of the courtroom workgroup--the prosecutor, defense attorney, and judge--have the common goal of avoiding uncertainty. The most frequent and efficient way to decrease uncertainty from a prosecutor‟s perspective is to refrain from filing charges in cases where a conviction may be difficult to obtain. In making these assessments, prosecutors consider the amount and quality of evidence against the offender.

REF: Cognitive Domain: Comprehension Answer Location: Screening Cases and Making Charging Decisions Difficulty Level: Medium 5. Define exculpatory and impeachment evidence and give an example of each. What occurs if the prosecution purposefully refuses to disclose evidence? What occurs if it was due to an error in judgment rather than purposefully?

Ans: Exculpatory evidence is the evidence that is favorable to the defendant. Pursuant to the Supreme Court decision in Brady v. Maryland (1963), a prosecutor must disclose exculpatory evidence to the defendant if such an evidence is considered to be a material evidence. For example, inconsistent reports of eyewitnesses. Impeachment evidence is the evidence that calls into question the credibility of a witness. For example, evidence that a witness who identified the defendant as the offender was previously sued in court by the offender and owed the offender a large civil judgment. If a prosecutor purposefully refuses to disclose exculpatory evidence, the court will dismiss the case. If a prosecutor did not disclose exculpatory evidence, and it was an error in judgment, this leads an appellate court to reverse a conviction and order a new trial.

REF: Cognitive Domain: Comprehension Answer Location: Disclosure of Evidence Difficulty Level: Medium

Chapter 6: Defense Attorneys Test Bank

Multiple Choice 1. The American court system is based on which of the following systems of justice?

A. accusatory B. adversarial C. collective D. impeachment Ans: B REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. The right to the assistance of counsel for the accused is found ______.

A. in the Fourth Amendment B. in the Fifth Amendment C. in the Sixth Amendment D. nowhere in the Constitution Ans: C REF: Cognitive Domain: Knowledge Answer Location: Historical Development of the Right to Counsel Difficulty Level: Easy 3. In what case did the Supreme Court, for the first time, address whether indigent criminal defendants had a right to have an attorney provided to them at state expense?

A. Powell v. Alabama B. Johnson v. Zerbst C. Gideon v. Wainwright D. Argersinger v. Hamlin Ans: A REF: Cognitive Domain: Comprehension Answer Location: Historical Development of the Right to Counsel Difficulty Level: Medium 4. Which of the following is the primary factor determining whether the court is required to appoint counsel to a defendant?

A. the seriousness of the charge B. the age of the defendant C. the mental capacity of the defendant D. the funds available to the defendant Ans: D REF: Cognitive Domain: Knowledge Answer Location: Public Defender Programs Difficulty Level: Easy 5. Which of the following cases has nothing to do with the right to counsel?

A. Payne v. Tennessee

B. Gideon v. Wainwright C. Powell v. Alabama D. Johnson v. Zerbst Ans: A REF: Cognitive Domain: Knowledge Answer Location: Historical Development of the Right to Counsel Difficulty Level: Easy 6. The right to counsel applies to ______.

A. all nontraffic offenses B. all crimes for which the defendant is actually imprisoned C. all crimes for which the defendant may be imprisoned for more than 6 months D. all felonies Ans: B REF: Cognitive Domain: Comprehension Answer Location: Historical Development of the Right to Counsel Difficulty Level: Medium 7. At which point in the criminal process does the right to counsel end?

A. after the conviction B. after the sentence is handed down C. after the first appeal D. after all possible appeals Ans: C REF: Cognitive Domain: Comprehension Answer Location: Contract Attorney Programs Difficulty Level: Medium 8. What type of indigent defense systems are private attorneys employed to represent indigent defendants on a case-by case basis?

A. fixed-price contract programs B. contract attorney programs C. public defender programs D. assigned counsel programs Ans: D REF: Cognitive Domain: Knowledge Answer Location: Assigned Counsel Programs Difficulty Level: Easy 9. Which indigent defense system assigns cases to private attorneys on a case-by-case basis?

A. ad hoc assigned counsel programs B. coordinated assigned counsel programs C. fixed-price contract programs D. public defender programs Ans: A

REF: Cognitive Domain: Knowledge Answer Location: Assigned Counsel Programs Difficulty Level: Easy 10. Which indigent defense system rotates private attorneys through cases, matched with their experience and skills as needed?

A. ad hoc assigned counsel programs B. coordinated assigned counsel programs C. fixed-fee-per-case contract programs D. public defender programs Ans: C REF: Cognitive Domain: Knowledge Answer Location: Assigned Counsel Programs Difficulty Level: Easy 11. Which indigent defense system contracts with a law firm to accept an unknown number of cases within a period for a single flat fee?

A. coordinated assigned counsel programs B. fixed-price contract programs C. fixed-fee-per-case contract programs D. public defender programs Ans: B REF: Cognitive Domain: Knowledge Answer Location: Contract Attorney Programs Difficulty Level: Easy 12. What can an attorney do to foster a good working relationship with a client?

A. meet with the defendant as soon as practical following appointment or retention B. explain in detail the procedures that will take place as the case progresses C. promptly respond to the client‟s questions or requests for information D. all of these Ans: D REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium 13. Which indigent defense system hires attorneys whose sole job is to provide representation to indigent defendants?

A. ad hoc assigned counsel programs B. coordinated assigned counsel programs C. fixed-price contract programs D. public defender programs Ans: D REF: Cognitive Domain: Knowledge Answer Location: Public Defender Programs Difficulty Level: Easy

14. Which of the indigent defense systems has been condemned by the American Bar Association?

A. ad hoc assigned counsel programs B. coordinated assigned counsel programs C. fixed-price contract programs D. fixed-fee-per-case contract programs Ans: C REF: Cognitive Domain: Knowledge Answer Location: Contract Attorney Programs Difficulty Level: Easy 15. Which of the following is not one of the prongs of the current test of attorney ineffectiveness?

A. Was the attorney‟s performance deficient?

B. Did the performance shock the conscience?

C. Did the performance injure the defendant?

D. All of these are prongs to the test.

Ans: B REF: Cognitive Domain: Comprehension Answer Location: Effective Assistance of Counsel Difficulty Level: Medium 16. Which of the following decisions is reserved for the defendant to make?

A. how to cross-examine prosecution witnesses B. whether to testify C. whether to plead self-defense D. whether to employ an expert witness Ans: B REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium 17. The Supreme Court held that the right of a defendant to self-represent stems from which amendment?

A. First Amendment B. Fourth Amendment C. Sixth Amendment D. Ninth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Right to Self-Representation Difficulty Level: Easy 18. According to the Supreme Court, under what circumstances does a defendant have a Constitutional right to choose a different court-assigned attorney?

A. if the attorney believes the defendant guilty B. if the defendant believes the attorney incompetent C. Defendant can choose a new attorney for almost any reason.

D. Defendant does not have that right.

Ans: D REF: Cognitive Domain: Comprehension Answer Location: Effective Assistance of Counsel Difficulty Level: Medium 19. According to the Supreme Court, under what circumstances does a defendant have a Constitutional right to choose a different privately hired attorney?

A. if the attorney believes the defendant guilty B. if the defendant believes the attorney incompetent C. Defendant can choose a new attorney for almost any reason.

D. Defendant does not have that right.

Ans: C REF: Cognitive Domain: Knowledge Answer Location: Assigned Counsel Programs Difficulty Level: Easy 20. Research has shown that defendants typically are ______.

A. “very trustful” of their attorneys B. “only somewhat trustful” of their attorneys C. “indifferent” toward their attorneys D. “very distrustful” of their attorneys Ans: D REF: Cognitive Domain: Knowledge Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Easy 21. Which of the following is not a responsibility of the defense attorney before the trial?

A. interview witnesses B. counsel defendant on procedure C. investigate the incident D. tell the defendant how to plead Ans: D REF: Cognitive Domain: Comprehension Answer Location: Roles and Responsibilities of the Defense Attorney Difficulty Level: Medium 22. Which of the following is not a responsibility of the defense attorney during or after trial?

A. represent defendant at trial B. represent defendant at sentencing C. tell defendant to appeal D. file notice of appeal

Ans: C REF: Cognitive Domain: Comprehension Answer Location: Roles and Responsibilities of the Defense Attorney Difficulty Level: Medium 23. When can a defense attorney legally break confidentiality according to the Supreme Court?

A. if the attorney knows the defendant is guilty B. if the attorney knows the defendant is going to give false testimony C. if the attorney knows the defendant is untrustworthy D. never Ans: B REF: Cognitive Domain: Comprehension Answer Location: Roles and Responsibilities of the Defense Attorney Difficulty Level: Medium 24. Which of the following decisions are typically not made by the defense attorney?

A. whether to accept a plea agreement B. how to cross-examine prosecution witnesses C. whether to employ an expert witness D. whether potential jurors should be challenged for cause Ans: A REF: Cognitive Domain: Comprehension Answer Location: Roles and Responsibilities of the Defense Attorney Difficulty Level: Medium 25. Why do recent law school graduates become criminal defense attorneys?

A. to prosecute offenders B. to earn a large salary C. to gain trial and courtroom experience D. none of these Ans: C REF: Cognitive Domain: Comprehension Answer Location: Realities of Being a Defense Attorney Difficulty Level: Medium True/False 1. The American system of justice is based on all parties involved working to find the truth.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy

2. It is the job of the defense attorney to ensure that the defendant‟s Constitutional rights are not violated.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Defense Attorney‟s Role in the Criminal Justice System Difficulty Level: Easy 3. One of the realities of being a criminal defense attorney is that victories are infrequent.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Realities of Being a Defense Attorney Difficulty Level: Easy 4. The right to have an attorney provided to indigent defendants has not always been a part of the right to counsel.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Historical Development of the Right to Counsel Difficulty Level: Easy 5. According the Supreme Court, defense counsel, even that provided by the court must be not only available but effective.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Effectiveness of Counsel Difficulty Level: Easy 6. The use of fixed-price contracts has been praised by the American Bar Association.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Contract Attorney Programs Difficulty Level: Easy 7. Using a fixed-price contract program, a law firm agrees to a certain number of cases for a fixed fee per case.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Contract Attorney Programs Difficulty Level: Easy 8. Public defender offices routinely employ full-time investigators.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Public Defender Programs Difficulty Level: Easy

9. Attorneys hired privately by the defendant have a significantly higher rate of acquittals than court-assigned attorneys.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Private Versus Appointed Counsel: Which Is Better?

Difficulty Level: Easy 10. Only a judge can challenge that a defense attorney‟s performance was ineffective.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Effectiveness of Counsel Difficulty Level: Medium 11. The right to counsel applies at the initial appearance.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: At What Point in a Proceeding Is There a Right to an Attorney?

Difficulty Level: Medium 12. In the 1984 case of Strickland v. Washington, the Supreme Court set forth the standard to be used in evaluating ineffectiveness of counsel claims.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Effective Assistance of Counsel Difficulty Level: Easy 13. Ensuring confidentiality is vital for an effective legal representation.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium 14. Once the court assigns an attorney to an indigent defendant, that attorney is to have complete control over the defendant during court proceedings.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Assigned Counsel Programs Difficulty Level: Medium 15. For defense attorneys, a “successful” case often means a reduction in sentence via a plea bargain, not an acquittal.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Realities of Being a Defense Attorney Difficulty Level: Medium

Short Answer 1. Discuss the main role of a criminal defense attorney.

Ans: Criminal defense attorneys have a special role in the American justice system. As with all attorneys, they are officers of the court and must adhere to significant ethical standards. At the same time, however, defense attorneys must do all they can to promote the interests and protect the rights of their clients.

REF: Cognitive Domain: Comprehension Answer Location: Defense Attorney‟s Role in the Criminal Justice System Difficulty Level: Medium 2. Discuss assigned counsel programs and the most popular type.

Ans: Assigned counsel programs employ private attorneys to represent indigent defendants. Many attorneys, particularly those recently out of law school, welcome the opportunity to participate in an assigned counsel program because of the courtroom experience they can gain.

The most common type of assigned counsel system is the ad hoc assigned counsel program, under which the appointment of counsel is generally made by the court on an ad hoc basis, that is, lawyers are appointed to represent defendants on a case-by-case basis when necessary.

REF: Cognitive Domain: Comprehension Answer Location: Assigned Counsel Programs Difficulty Level: Medium 3. Discuss contract attorney programs.

Ans: A category of indigent defense systems is known as contract attorney programs. In contract programs, a state or county government (or judicial district administration) enters into a contract with one or more private attorneys, law firms, or nonprofit organizations to provide representation to indigent defendants. Such contracts are normally designated for a specific purpose within the court system, such as felonies, misdemeanors, or all cases where the public defender has a conflict of interest.

REF: Cognitive Domain: Comprehension Answer Location: Contract Attorney Programs Difficulty Level: Medium 4. Explain two drawbacks to fixed-price contract programs.

Ans: While the fixed-price contract program does provide a level of certainty for a governmental agency trying to budget for indigent defense services, this approach certainty comes with several negative components. The two largest problems are (a) the inherent incentive for the attorney to spend as little time and expense on each case as possible and, relatedly, (b) the lack of oversight of the competence of the attorney handling each case for a law firm that has entered into the contract.

REF: Cognitive Domain: Comprehension Answer Location: Contract Attorney Programs Difficulty Level: Medium

5. Explain what is meant by a public defender program.

Ans: A public defender program is a public or nonprofit institution designated to provide representation to indigent defendants in criminal cases. The defining characteristic of a public defender office is that it directly employs staff attorneys whose sole job is to provide representation to indigent defendants. The director of most public defender offices is normally appointed by a governing body (generally a county commission or a state‟s governor). Public defender offices employ full-time investigators and support staff and have budgets to hire expert witnesses as needed.

REF: Cognitive Domain: Comprehension Answer Location: Public Defender Programs Difficulty Level: Medium 6. Discuss two reasons why there is an overwhelming belief that defendants represented by private attorneys receive better assistance than that provided to defendants with appointed counsel.

Ans: There are several reasons for this belief. First, public defenders and appointed attorneys are widely viewed as lawyers working for the government, just like the prosecutor. As such, many defendants view their appointed attorney as being in cahoots with the prosecutor and not having their best interests in mind. Relatedly, it is believed that people get what they pay for, and if they are getting an attorney for free, he or she must not be very good. Otherwise, this thinking goes, they would have a “real job.”

REF: Cognitive Domain: Comprehension Answer Location: Private Versus Appointed Counsel: Which Is better?

Difficulty Level: Medium 7. Discuss the significance of McMann v. Richardson.

Ans: In 1970, the Supreme Court explicitly held that the right to counsel included the right to the effective assistance of counsel. As summarized by the Supreme Court in McMann v. Richardson (1970), “If the right to counsel guaranteed by the Constitution is to serve its purpose, defendants cannot be left to the mercies of incompetent counsel.”

While the Court clearly established that a defendant has a right to effective assistance, it did not define what level of performance is sufficiently effective. Up until the mid1980s, a number of varying definitions and standards for what constituted effective assistance of counsel were used in federal and state courts.

REF: Cognitive Domain: Comprehension Answer Location: Effective Assistance of Counsel Difficulty Level: Medium 8. Discuss the significance of Faretta v. California as it relates to the Sixth Amendment.

Ans: In Faretta v. California (1975), the Supreme Court held that the Sixth Amendment may not be used to prevent a competent defendant from self-representation. While noting that a lawyer who represents himself or herself has a fool for a client, so long as a defendant knowingly, intelligently, and voluntarily waives his or her right to counsel, that person will be entitled to proceed pro se. That being said, courts are not powerless

in dealing with pro se defendants. Typically, judges provide defendants who insist on proceeding pro se with “standby counsel.”

REF: Cognitive Domain: Comprehension Answer Location: Right to Self-Representation Difficulty Level: Medium 9. Discuss the most important component of building a client‟s trust.

Ans: The most important component of building a client‟s trust in her or his attorney is the assurance that what is said between attorney and client will be kept confidential.

Without the assurance of confidentiality, there is no reason to expect defendants to be candid with their lawyers about events surrounding the charges they face. Without such candor, the ability for a lawyer to effectively represent a client is greatly diminished.

REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium 10. Explain the significance of Nix v. Whiteside.

Ans: In Nix v. Whiteside (1986), the U.S. Supreme Court considered how an attorney should handle a situation where he or she knows that a client intends to commit perjury while testifying in his or her own defense. While all nine justices agreed that Whiteside‟s rights were not violated and also agreed that defense counsel should do all that he or she can to dissuade a client from committing perjury, only five justices joined in the majority‟s suggestions for dealing with potential client perjury. Chief Justice Burger wrote for the majority that an attorney faced with such a situation must reveal his or her client‟s conduct to the court and, if necessary, withdraw his or her representation. Under no circumstances should the lawyer permit or assist his or her client in giving false testimony.

REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium Essay 1. Explain why it is that while prosecutors must only prosecute individuals reasonably believed to be guilty defense attorneys must defend clients they know to be guilty?

Ans: The reason for this duty is that for the American adversarial system of justice to work, it is necessary that actions and claims made by the government prosecutor be tested and challenged by a zealous advocate. If the prosecutor‟s case and evidence can withstand such scrutiny and be accepted beyond a reasonable doubt by a judge or jury, the likelihood of an innocent person being convicted of a crime he or she did not commit is considered remote. To effectively put the prosecutor‟s case to the test, a defense attorney must be able to challenge the reliability of the evidence presented, cross-examine witnesses against the defendant, and raise matters involving violations of the defendant‟s rights regardless of whether the defendant is in fact guilty as charged.

REF: Cognitive Domain: Analysis

Answer Location: Realities of Being a Defense Attorney Difficulty Level: Medium 2. Explain how it is that two defendants in the same courtroom, with the same judge, may be charged with the same offense yet one will be entitled to counsel and one may not.

Ans: The primary reason is if one is considered indigent and the other is not considered indigent. The Sixth Amendment right to counsel only applies to indigent defendants, which are defined as defendants who cannot afford their own attorney. As discussed in the textbook, about 90% of criminal defendants are classified as indigent. Another aspect could be which stage of the court proceedings each defendant is in. The right to counsel only applies during the “critical stages,” so one may be present for an initial appearance (no right to counsel) and the other may be present for a preliminary hearing (right to counsel).

REF: Cognitive Domain: Analysis Answer Location: At What Point in a Proceeding Is There a Right to an Attorney?

Difficulty Level: Medium 3. Explain why it is that defendants are so untrusting of their attorneys.

Ans: Despite the importance of having defendants trust their attorneys and regardless of an attorney‟s efforts to build trust, research has shown that defendants are more often than not very distrustful of their lawyers. This distrust stems from (a) the environment and conditions under which a defendant is provided with an attorney, (b) the near autonomy with which the attorney makes strategic decisions on how to conduct the defendant‟s trial, and (c) the advice and counseling the lawyer provides that are less positive than the client envisioned and may include an attorney refusing to partake in unethical behavior on behalf of the client.

REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium 4. What are the primary reasons for choosing to be a criminal defense attorney from a professional and personal standpoint?

Ans: From a professional standpoint, criminal defense attorneys gain a large amount of courtroom and trial experience in a very short time. For young lawyers who want to be high-level litigators in the future, trying criminal cases is probably the best and most efficient manner in which to gain experience, skills, and a reputation as a skilled litigator.

Also, beginning a legal career in an area that presents so many challenges and so little appreciation provides young attorneys with opportunities to prove their fortitude and abilities under pressure. From a personal standpoint, it is out of a sense that someone has to do it. Someone must stand up for individuals who have no means to defend themselves. Someone must use their training to ensure that the government does not trample over a citizen‟s rights. Someone needs to ensure that innocent people have their day in court and guilty defendants are treated fairly under the law. For some criminal defense attorneys, knowing that they are doing this important work is its own reward. For others, the challenge of winning small victories in an uphill battle is

invigorating. Still others view their job as a mission, with the objective of doing their little piece to improve society, promote equality, and serve as an obstacle to governmental oppression. Whatever their reason, defense lawyers are vital for the criminal justice system to work effectively.

REF: Cognitive Domain: Comprehension Answer Location: Right to an Attorney of One‟s Choosing Difficulty Level: Medium 5. What is the test used to determine “effective” assistance of counsel? Explain each prong of the test.

Ans: In the 1984 case of Strickland v. Washington, the Supreme Court set forth the standard to be used in evaluating ineffectiveness of counsel claims. Justice O‟Connor, writing for a seven-member majority, noted that the standard for judging a claim of ineffectiveness is whether counsel‟s performance so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. To determine whether this requirement was met, the Court established a twopronged test. First, was the attorney‟s performance deficient and, if so, did the deficient performance injure (prejudice) the defendant? In considering the first prong, the Court held that a court must evaluate whether, “in light of all the circumstances, the identified acts or omissions were outside the wide range of professionally competent assistance.”

The majority went on to hold that “counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment.” It is important to note that decisions made by the attorney about strategy will not be second-guessed in hindsight. If counsel‟s performance is determined to have been below acceptable standards, a claim of ineffective assistance of counsel will not succeed unless it is also shown that counsel‟s ineffectiveness prejudiced the defendant. This prong requires proof that there is a reasonable probability that, except for counsel‟s unprofessional errors, the result of the proceeding would have been different. The Court went on to explain that a reasonable probability is “a probability sufficient to undermine confidence in the outcome.”

REF: Cognitive Domain: Comprehension Answer Location: Ethics and Lawyer–Client Relationships Difficulty Level: Medium

Chapter 7: Judges Test Bank Multiple Choice 1. Which of the following is not the responsibility of a judge?

A. author legislation B. hear legal disputes C. preside over courts

D. administer the law Ans: A REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. Judges are addressed as “your honor” for what reason?

A. out of fear of judicial power B. out of respect C. due to tradition D. due to state laws Ans: B REF: Cognitive Domain: Knowledge Answer Location: Roles and Duties of Judges Difficulty Level: Easy 3. Which player in the courtroom workgroup decides whether a plea bargain will be offered?

A. prosecutor B. defense attorney C. judge D. grand jury Ans: A REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 4. Who decides if a plea agreement will be entered into?

A. prosecutor and defense counsel B. defendant and defense counsel C. judge and jury D. grand jury Ans: B REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 5. A person placed under arrest and held in custody must be brought before a judge for an initial appearance in what amount of time?

A. within 6 hr B. within a reasonable time period C. There is no time limit.

D. within 1 month Ans: B REF: Cognitive Domain: Knowledge Answer Location: Postarrest/Pretrial Roles

Difficulty Level: Easy 6. At what stage of the process is the defendant informed by the judge of the nature of the arrest (not the actual charges)?

A. initial appearance B. secondary appearance C. arraignment D. voir dire Ans: A REF: Cognitive Domain: Knowledge Answer Location: Postarrest/Pretrial Roles Difficulty Level: Easy 7. At what stage of the process is the decision made regarding whether or not to grant bail and, if so, how much?

A. initial appearance B. secondary appearance C. arraignment D. voir dire Ans: A REF: Cognitive Domain: Knowledge Answer Location: Postarrest/Pretrial Roles Difficulty Level: Easy 8. During which part of the criminal justice process is the judge most visible?

A. prearrest B. postarrest/pretrial C. trial D. posttrial Ans: C REF: Cognitive Domain: Knowledge Answer Location: Judicial Roles at Trial Difficulty Level: Easy 9. What might a judge do if a jury convicts but the judge believes there is insufficient evidence to support a conviction?

A. enter a directed verdict B. hold the jury in contempt of court C. appeal the conviction D. none of these Ans: A REF: Cognitive Domain: Knowledge Answer Location: Judicial Roles at Trial Difficulty Level: Easy

10. Under which sentencing structure does a judge have stricter guidelines and less leeway in the sentence to be handed down?

A. cumulative sentencing B. discretionary sentencing C. determinate sentencing D. indeterminate sentencing Ans: C REF: Cognitive Domain: Knowledge Answer Location: Judicial Roles Posttrial Difficulty Level: Easy 11. What might a judge do if he or she determines that a probation violation has occurred?

A. revoke probation B. modify the conditions of probation C. extend the probationary time D. all of these Ans: D REF: Cognitive Domain: Comprehension Answer Location: Judicial Roles Posttrial Difficulty Level: Medium 12. Which of the following is not a standard condition of probation?

A. substance abuse treatment B. limitations on travel C. drug and alcohol testing D. leaving home Ans: D REF: Cognitive Domain: Comprehension Answer Location: Judicial Roles Posttrial Difficulty Level: Medium 13. Search and arrest warrants must be signed by a ______.

A. judicial officer B. prosecutor C. defense attorney D. bail bondsman Ans: A REF: Cognitive Domain: Knowledge Answer Location: Prearrest Judicial Roles Difficulty Level: Easy 14. Those in favor of judicial independence argue that judges ought to ______.

A. interpret laws and the Constitution while considering public opinion B. interpret laws and the Constitution regardless of public opinion C. make policy on the government‟s behalf considering public opinion

D. make policy on the government‟s behalf regardless of public opinion Ans: B REF: Cognitive Domain: Comprehension Answer Location: Federal Judicial Selection Difficulty Level: Medium 15. Those in favor of judicial accountability argue that judges ought to ______.

A. interpret laws and the Constitution while considering public opinion B. interpret laws and the Constitution regardless of public opinion C. make policy on the government‟s behalf considering public opinion D. make policy on the government‟s behalf regardless of public opinion Ans: D REF: Cognitive Domain: Comprehension Answer Location: Judicial Accountability and Judicial Independence Difficulty Level: Medium 16. Given the system of separation of powers and checks and balances, which branch of government has superiority over the others?

A. executive B. legislative C. judiciary D. They are all equal.

Ans: D REF: Cognitive Domain: Comprehension Answer Location: Federal Judicial Selection Difficulty Level: Medium 17. How are federal judges selected?

A. appointed by the President and confirmed by the Senate B. appointed by the President and confirmed by the Congress C. voted in by the Senate and approved by the President D. voted in by the Congress and approved by the President Ans: A REF: Cognitive Domain: Knowledge Answer Location: Federal Judicial Selection Difficulty Level: Easy 18. Which branch of government can vote to impeach a federal judge for “treason, bribery or other high crimes or misdemeanors?”

A. the Supreme Court B. the Speaker of the House C. the House of Representatives D. the Senate Ans: C REF: Cognitive Domain: Knowledge Answer Location: Federal Judicial Selection

Difficulty Level: Easy 19. How many states currently select judges by appointment?

A. nearly all B. about half C. less than 10 D. none Ans: C REF: Cognitive Domain: Knowledge Answer Location: Appointment Difficulty Level: Easy 20. Should a judge leave office before the end of term in a state that selects judges via election, which of the following most commonly occurs?

A. A special election is held to replace the judge.

B. The governor appoints a replacement.

C. The state legislature appoints a replacement.

D. The seat is left vacant until the next election.

Ans: B REF: Cognitive Domain: Knowledge Answer Location: Merit Selection Plans Difficulty Level: Easy 21. Which method of state judicial selection is most complicated?

A. appointment B. partisan election C. nonpartisan election D. merit selection plan Ans: D REF: Cognitive Domain: Comprehension Answer Location: Merit Selection Plans Difficulty Level: Medium 22. In merit selection systems of judicial selection, approximately what percentage of judges are voted out of office (i.e., not retained)?

A. 25% B. 10% C. 5% D. less than 1% Ans: D REF: Cognitive Domain: Knowledge Answer Location: Merit Selection Plans Difficulty Level: Easy 23. Research has found that judicial performance evaluation programs are related to which of the following?

A. increased voter participation B. increased judicial accountability C. removal of judges with poorer evaluations D. all of these Ans: D REF: Cognitive Domain: Comprehension Answer Location: Judicial Performance Evaluations Difficulty Level: Medium 24. Which form of judicial accountability is most often invoked?

A. behavioral B. constitutional C. decisional D. statutory Ans: A REF: Cognitive Domain: Knowledge Answer Location: Judicial Accountability and Judicial Independence Difficulty Level: Easy 25. In the federal court system, which body typically hears allegations of judicial misconduct?

A. the Senate Judiciary Committee B. judicial councils C. a specially formed House subcommittee D. the U.S. Supreme Court Ans: B REF: Cognitive Domain: Knowledge Answer Location: Accountability for Judicial Misconduct Difficulty Level: Easy True/False 1. Search and arrest warrants must be signed by a judicial officer.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Prearrest Judicial Roles Difficulty Level: Easy 2. Judges have the final say on with what crime(s) a defendant is charged.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Roles and Duties of Judges Difficulty Level: Easy 3. Judges sign nearly every warrant brought before them much in the same manner that grand juries effectively indict every suspect brought before them.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Prearrest Judicial Roles Difficulty Level: Easy 4. If the prosecution has not made a sufficiently convincing case, a judge can direct a jury to acquit and even overrule them if the jury should convict.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Judicial Roles at Trial Difficulty Level: Easy 5. Once a sentence is handed down, the job of a trial court judge is complete.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Judicial Roles at Trial Difficulty Level: Easy 6. Judges have a great deal of discretion in deciding what conditions of probation a defendant must abide by to avoid incarceration.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Judicial Roles Posttrial Difficulty Level: Easy 7. Federal and state judges are selected in essentially the same manner.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Federal Judicial Selection Difficulty Level: Easy 8. The primary concern about judges in colonial America was their lack of accountability.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Federal Judicial Selection Difficulty Level: Easy 9. Assuming good behavior, federal judges serve lifetime appointments.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Federal Judicial Selection Difficulty Level: Easy 10. No states allow the legislature to appoint judges.

Ans: F

REF: Cognitive Domain: Knowledge Answer Location: Appointment Difficulty Level: Easy 11. Under merit selection, the governor appoints one of the people recommended by the legislature.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Merit Selection Plans Difficulty Level: Easy 12. Most states today use the merit system of judicial selection.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Merit Selection Plans Difficulty Level: Easy 13. The merit system of judicial selection produces a more diverse set of judges than other systems.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Merit Selection Plans Difficulty Level: Easy 14. Judicial performance evaluations focus exclusively on items related to the judge‟s behavior and not to case outcomes.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Judicial Performance Evaluations Difficulty Level: Easy 15. Judicial impeachment is a common means of disciplining judges.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Accountability for Judicial Misconduct Difficulty Level: Easy Short Answer 1. Discuss how most people view judges.

Ans: Most people view the judge as the most powerful and important actor in the criminal court system. After all, people neither rise to their feet out of respect when a prosecutor enters a courtroom nor address defense attorneys as “your honor.” These symbols of respect are bestowed only on judges.

REF: Cognitive Domain: Comprehension Answer Location: Roles and Duties of Judges

Difficulty Level: Medium 2. Discuss a judge‟s role in search and arrest warrants.

Ans: Search and arrest warrants must be signed by a judicial officer. Rather than simply rubber-stamping warrant applications submitted by police or prosecutors, judges have an obligation to review each application to determine if it provides probable cause to justify the requested search or arrest. Moreover, in considering search warrant applications, a judge must ensure that the place to be searched is clearly articulated and that the items or class of items sought are stated and described with “sufficient specificity.” In addition, a judge may be asked to allow the police to conduct the search at nighttime or to enter the place to be searched without knocking on the door, requesting entry, or announcing their presence.

REF: Cognitive Domain: Comprehension Answer Location: Prearrest Judicial Roles Difficulty Level: Medium 3. Explain the most important decision a judge has to make at an initial appearance.

Ans: The most important decision a judge has to make at an initial appearance is what conditions should be imposed for an arrestee to be released from custody. In making this decision, a judge must consider what conditions are necessary to reasonably ensure the defendant‟s reappearance at further court proceedings as well as what conditions may be necessary to protect the safety of individuals or the community at large. Conditions of release may include the posting of a bond as bail, as well as behavioral requirements such as not consuming alcohol, not contacting the alleged victim, not leaving the state, or regularly reporting to a pretrial services officer.

REF: Cognitive Domain: Analysis Answer Location: Postarrest/Pretrial Roles Difficulty Level: Medium 4. Explain the role of a judge in plea agreements.

Ans: Prior to a trial, judges also frequently do what they can to encourage a plea agreement be reached between the parties. While judges rarely become directly involved in plea negotiations, they often encourage the prosecutor and defense attorney to consider the standard “going rates” for the charges involved as established by the courtroom workgroup over time (Eisenstein & Jacobs, 1977).

REF: Cognitive Domain: Analysis Answer Location: Postarrest/Pretrial Roles Difficulty Level: Medium 5. Discuss the most visible role played by a trial court judge.

Ans: The most visible role played by trial court judges is presiding over jury trials. In this role, judges make numerous rulings on admissibility of evidence and objections made during the presentation of testimony and arguments of the attorneys. In addition, judges instruct the jurors on the law they are to apply in reaching a verdict.

REF: Cognitive Domain: Comprehension Answer Location: Judicial Roles at Trial

Difficulty Level: Medium 6. Explain a judge‟s duty to impose a sentence and the role of determinant and indeterminate sentencing.

Ans: Following a conviction, whether by plea bargain or trial, it is the judge‟s duty to impose a sentence. The sentence a judge imposes is limited to what is permissible under the statute on which the conviction is based. The flexibility afforded judges in determining an appropriate sentence in a specific case varies depending on the sentencing schemes employed by individual states. In states that have a determinate sentencing system with explicit sentencing guidelines, the discretion possessed by a judge regarding the length of time a defendant may be sentenced to prison is restricted to a range of time. In states that do not have sentencing guidelines but use an indeterminate sentencing system, a judge is likely to have wide discretion in deciding how long a prison sentence is appropriate in a given case.

REF: Cognitive Domain: Analysis Answer Location: Judicial Roles Posttrial Difficulty Level: Medium 7. Discuss a judge‟s role in what can occur after a convicted defendant sentenced to probation violates one or more conditions of probation.

Ans: If a convicted defendant sentenced to probation violates one or more conditions of probation, a probation officer may file a motion with the judge who sentenced the defendant to have his or her probation revoked or modified. If such a request is made, the judge must consider (a) whether the conditions of probation were in fact violated and (b) if so, what would be an appropriate sanction to impose on the probationer. This often involves a probation revocation hearing at which the judge hears testimony from the probation officer, other witnesses, and the probationer. From the evidence submitted, the judge must make a factual and legal determination as to whether the conditions of probation were violated.

REF: Cognitive Domain: Comprehension Answer Location: Judicial Roles Posttrial Difficulty Level: Medium 8. Explain how judges were selected in colonial America.

Ans: To understand how judges are selected in the United States, it is helpful to look at how judges were selected in colonial America. During the colonial era, judges in the American colonies were appointed by the King of England and served at his will. The control the king had over the judiciary and the direct control he had over the decisions handed down by colonial judges were sources of great concern and frustration for the colonists. The injustices brought about by this system angered the colonists to the extent that the lack of judicial independence of colonial judges was one of the enumerated grievances raised in the Declaration of Independence.

REF: Cognitive Domain: Comprehension Answer Location: Federal Judicial Selection Difficulty Level: Medium

9. Discuss the reasons for lifetime judicial appointments.

Ans: The U.S. Constitution provides that judges are to be appointed for life by the president and must be confirmed by a majority vote in the Senate. This method of selecting judges was designed to give both the president and the Senate a voice to who would serve on the bench. Furthermore, by providing for lifetime appointments, the Constitution ensures that judges and the judiciary will be independent of the other branches and not beholden to them to maintain their judgeships.

REF: Cognitive Domain: Comprehension Answer Location: Federal Judicial Selection Difficulty Level: Medium 10. Describe judicial training or orientation.

Ans: Training and orientation can be either formal or informal. Most states have judicial education programs designed to help new judges adapt to the bench. These programs focus on procedural issues and matters of professionalism rather than items of substantive law. In addition to state programs, the National Judicial College (NJC), located in Reno, NV, provides training in many areas for judges at all levels of experience. In an effort to make this training available to judges from across the country and in jurisdictions with limited financial resources, the NJC offers training seminars and programs on site in Reno as well as over the Internet and through other media.

REF: Cognitive Domain: Comprehension Answer Location: Judicial Socialization and Development Difficulty Level: Medium Essay 1. Explain the advantages and disadvantages of partisan and nonpartisan election methods.

Ans: During the early part of the 20th century, the use of partisan elections came under a great deal of criticism. Political parties were implicated in corruption scandals, and bigcity political machines were viewed as having too much control over the selection of judges. Rather than making judges independent from politicians, partisan judicial elections had caused judges to become responsive to the same forces as those exerted on other elected officials. By the beginning of the 20th century, these concerns led to a shift away from partisan election of judges. This shift away from partisan judicial elections was generally in the direction of a nonpartisan election process wherein judges would be selected according to their own attributes rather than on the basis of their political connections. Currently, more than a dozen states use nonpartisan elections as a means of judicial selection. While nonpartisan elections greatly reduce the influence party politics have on judicial elections, they also remove party identification as a basis for voters to cast their ballots. Without information related to party identification and with little other information about a judicial candidate, voters have been found to base their votes on such items as gender, ethnicity, ballot position, or name recognition. Furthermore, voter participation tends to be lower in nonpartisan elections than in partisan contests. In short, partisan elections provide the public with more information about the judges and result in higher voter turnout but tend to include

a large amount of party politics. Nonpartisan elections reduce the amount of party politics but reduce the amount of information given to voters resulting in less-educated voting decisions and lower voter turnout.

REF: Cognitive Domain: Analysis Answer Location: Popular Elections Difficulty Level: Medium 2. Define judicial independence and judicial accountability. Explain the arguments for and against each method and which system is used in the courts today.

Ans: The method used to select judges has been hotly debated in the United States for well over 200 years. At the heart of the different judicial selection methods are the concepts of judicial independence and judicial accountability. An independent judiciary is one that is free to make decisions without interference from the other branches of government or concern for the popularity or the political consequences. Judicial accountability, on the other hand, involves the ability of society or the government to observe the performance of judges and remove from office those who are performing below acceptable standards. Proponents of a strongly independent judiciary argue that the role of judges is to faithfully interpret laws and the Constitution without considering outside factors such as politics or popular sentiment. Advocates of increased judicial accountability maintain that since judges make policy on behalf of the government, they should be directly accountable to somebody, preferably the electorate. In reality, it is necessary that judges be both independent and accountable. Judges must be free to interpret and apply the law fairly. On the other hand, there must be an effective method of accountability of a judge who abdicates his or her role as a detached, neutral jurist or makes decisions based on individual beliefs or opinions rather than the law and the Constitution. The debate centers on what point of the independence–accountability continuum is appropriate.

REF: Cognitive Domain: Application Answer Location: Judicial Accountability and Judicial Independence Difficulty Level: Hard 3. Explain how, although the majority of judges in the United States are White males, diversity is increasing in the American judiciary.

Ans: The American judiciary is currently more diverse than ever. Between 1985 and 2005, the number of non-White male judges and the number of female state appellate court judges increased by approximately 20%. In addition, similar increases were found in the number of federal courts of appeals judges (Hurwitz & Lanier, 2008). In a detailed analysis of these changes, Hurwitz and Lanier (2008) found that these changes are not associated with the system used to select judges. Rather, the increases are due to a combination of an increased pool of female and minority attorneys to serve on the bench, an increase in the public‟s acceptance of non-White men in positions of authority, and any number of immeasurable reasons.

REF: Cognitive Domain: Analysis Answer Location: Diversity on the Bench: The Effect of the Selection System on Who Becomes a Judge Difficulty Level: Medium

4. Explain the difficulties faced by a person who becomes a judge.

Ans: A new judge is faced with performing a job with little specific training. New judges were often successful attorneys; excellent legal ability is just one of the qualities expected of judges. Some of the qualities are innate, while others have to be learned through experience. The newly selected judge faces a period of rapid adjustment that is frequently a rude awakening--that being a judge might not be exactly what was expected. The judge learns on the job to perform the fundamentals of judging, such as how to maintain order in hearings and trials, administer a docket and calendar, be decisive in one‟s actions, and present a commanding presence on the bench while still treating others with respect. This process involves seeing oneself as a judge without becoming afflicted with “black robe disease,” an overwhelming sense of grandeur, wisdom, and power. Aside from the procedural and administrative aspects of being a judge, what makes the adjustment to becoming a new judge even more difficult is the varying areas of the law judges are required to master. Attorneys generally specialize in one or two areas of law: criminal, personal injury, corporate, family, and so on. Courts and judges hear cases in each of these and dozens of other areas of law. When judges deal with cases in areas of law that are new to them, it is up to the judge to put in the extra work to get up to speed in the specific areas so as to provide just and informed decisions that are fair to the parties involved. This challenge is compounded when judges are assigned to court departments that hear specific types of cases, such as family law or juvenile, in which they have no experience.

REF: Cognitive Domain: Analysis Answer Location: Judicial Socialization and Development Difficulty Level: Medium 5. Explain how the various selection methods influence who becomes a judge.

Ans: Despite the claims regarding judicial independence and accountability, diversity on the bench, and judicial excellence made by proponents of the different systems for selecting judges, research on the effect judicial selection methods have on the makeup of a state‟s judiciary has been inconclusive. No system has been found to produce a greater proportion of minority or female judges. Moreover, there is no indication that the selection system employed by a state has an effect on incidents of judicial error or misconduct. That being said, how judges are selected affects whether an individual will become a judge. Some appointed judges would not have had the political connections or desire to run in a contested election. Other judges, who connect with people and enjoy election campaigns and were elected to the bench, would not have been able to secure an appointment from the governor. Beyond the individual case, however, judicial selection methods do not have a significant impact on the makeup of the judiciary.

REF: Cognitive Domain: Analysis Answer Location: Judicial Selection Difficulty Level: Medium

Chapter 8: Criminal Defendants and Crime Victims

Test Bank Multiple Choice 1. When does a person suspected of committing a crime transform from a suspect to a criminal defendant?

A. when interrogated B. when in custody C. when arrested D. at the first court proceeding Ans: C REF: Cognitive Domain: Knowledge Answer Location: Criminal Defendants Difficulty Level: Easy 2. What is the primary role of a defendant in a trial?

A. to make tactical and strategic decisions B. to make major decisions regarding his or her defense C. to gather witnesses in their defense D. to focus on his or her demeanor and appearance before the judge and jury Ans: D REF: Cognitive Domain: Knowledge Answer Location: Defendants in Court Difficulty Level: Easy 3. Having an appropriate demeanor in court includes which of the following?

A. looking interested in the proceedings B. not scowling C. having a concerned yet pleasant expression D. all of these Ans: D REF: Cognitive Domain: Comprehension Answer Location: Defendants in Court Difficulty Level: Medium 4. In 2006, the BJS reported that a majority of defendants were ______.

A. Black B. non-White C. Hispanic D. White Ans: B REF: Cognitive Domain: Knowledge Answer Location: Defendant Characteristics Difficulty Level: Easy

5. What is a judicially created remedy for violations of the Fourth Amendment?

A. exclusionary rule B. subpoena C. Compulsory Process Clause D. remedial rule Ans: A REF: Cognitive Domain: Knowledge Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Easy 6. What is the primary purpose of the exclusionary rule?

A. to deter police misconduct B. to protect individual rights C. to protect the right against unreasonable searches and seizures D. to deter attorney misconduct Ans: A REF: Cognitive Domain: Knowledge Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Easy 7. The process through which state governments would hand over illegally seized evidence for use in federal prosecutions is known as ______.

A. the handover doctrine B. the weeks doctrine C. the exclusionary doctrine D. the silver platter doctrine Ans: D REF: Cognitive Domain: Knowledge Answer Location: The History of the Exclusionary Rule Difficulty Level: Easy 8. Which court case officially applied the exclusionary rule to the states in 1961?

A. Weeks v. United States B. Elkins v. United States C. Mapp v. Ohio D. Rochin v. California Ans: C REF: Cognitive Domain: Knowledge Answer Location: The History of the Exclusionary Rule Difficulty Level: Easy 9. If a police officer executes a search warrant that was issued by a neutral and detached magistrate that is ultimately found to be invalid, which exception to the exclusionary rule applies?

A. good faith exception B. inevitable discovery exception

C. impeachment exception D. lawful exception Ans: A REF: Cognitive Domain: Knowledge Answer Location: Exceptions to the Exclusionary Rule Difficulty Level: Easy 10. Which exception to the exclusionary rule permits the use at trial of evidence illegally obtained by the police if they can demonstrate that they would have discovered the evidence anyway by legal means?

A. good faith exception B. inevitable discovery exception C. impeachment exception D. lawful exception Ans: B REF: Cognitive Domain: Comprehension Answer Location: Exceptions to the Exclusionary Rule Difficulty Level: Medium 11. Which amendment guarantees a defendant‟s right to a speedy trial?

A. First Amendment B. Fourth Amendment C. Sixth Amendment D. Eighth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Defendant Rights in the Court Process Difficulty Level: Easy 12. Which amendment to the Constitution provides defendants with the right to reasonable bail?

A. First Amendment B. Fourth Amendment C. Sixth Amendment D. Eighth Amendment Ans: D REF: Cognitive Domain: Knowledge Answer Location: Defendant Rights in the Court Process Difficulty Level: Easy 13. What factors will the court consider when deciding if there has been a violation of a defendant‟s right to a speedy trial?

A. length of delay B. reason for delay C. prejudice caused by the delay D. all of these

Ans: D REF: Cognitive Domain: Knowledge Answer Location: Right to a Speedy Trial Difficulty Level: Easy 14. The right to be present at one‟s trial is based on which two amendments?

A. Fourteenth and Sixth Amendments B. Sixth and Eighth Amendments C. First and Fourth Amendments D. Sixth and Seventh Amendments Ans: A REF: Cognitive Domain: Knowledge Answer Location: Right to Be Present at Trial Difficulty Level: Easy 15. The Compulsory Process Clause of the Sixth Amendment provides defendants with what right?

A. to testify in their own defense B. to represent themselves in court C. to compel individuals to appear in court and testify as witnesses for the defense D. to have an attorney represent them in court Ans: C REF: Cognitive Domain: Knowledge Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Easy 16. What is the court order that requires an individual to appear at a specific time and place to testify as a witness?

A. a subpoena B. a warrant C. an indictment D. a process Ans: A REF: Cognitive Domain: Knowledge Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Easy 17. The Rules of Evidence (federal and state) give what entity the discretion to preclude admission evidence that may fall within the definition of relevance?

A. judge B. prosecutor C. defense attorney D. attorney general Ans: A REF: Cognitive Domain: Knowledge Answer Location: Right to Compulsory Process and to Present a Defense

Difficulty Level: Easy 18. What is required for evidence to be admissible in a trial?

A. Any evidence is admissible.

B. At a minimum, it must be relevant and trustworthy in the eyes of the judge.

C. It must be reasonable in the eyes of the judge.

D. It must make sense to the judge.

Ans: B REF: Cognitive Domain: Knowledge Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Easy 19. Defendants have the ability to challenge the information against them through what process?

A. examination B. confrontation C. cross-examination D. direct examination Ans: C REF: Cognitive Domain: Knowledge Answer Location: Right to Confront and Cross-Examine Witnesses Difficulty Level: Easy 20. In challenging a witnesses‟ capacity, the defendant is not saying that the witness is lying, but rather that the witness is ______.

A. mistaken B. incompetent C. helpless D. criminal Ans: A REF: Cognitive Domain: Knowledge Answer Location: Right to Confront and Cross-Examine Witnesses Difficulty Level: Easy 21. The process of challenging the truthfulness and credibility of a witness is ______.

A. hearsay B. admissible C. testifying D. impeachment Ans: D REF: Cognitive Domain: Knowledge Answer Location: Right to Confront and Cross-Examine Witnesses Difficulty Level: Easy 22. What challenges do victims face in working with the criminal courts?

A. lack of input into decisions

B. lack of information about cases C. invasion of privacy D. all of these Ans: D REF: Cognitive Domain: Knowledge Answer Location: Challenges Faced by Crime Victims Difficulty Level: Easy 23. Under the English common law system, crime was viewed as what kind of harm?

A. public B. private C. social D. individual Ans: B REF: Cognitive Domain: Knowledge Answer Location: Victims and the Criminal Courts Difficulty Level: Easy 24. Which of the following is not a category of victims‟ rights specifically associated with the court system?

A. the right to be informed B. the right to testify C. the right to attend D. the right to be heard Ans: B REF: Cognitive Domain: Knowledge Answer Location: Right to Testify Difficulty Level: Easy 25. Since the 1980s, the rights and protections provided to crime victims have ______.

A. decreased B. stayed the same C. increased D. equalized Ans: C REF: Cognitive Domain: Knowledge Answer Location: Right to Testify Difficulty Level: Easy True/False 1. Weeks v. United States applied the exclusionary rule to the federal government and the states.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: The History of the Exclusionary Rule

Difficulty Level: Easy 2. The time limits set to guarantee a defendant‟s right to a speedy trial are almost always met.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Right to a Speedy Trial Difficulty Level: Easy 3. Criminal defendants come from all backgrounds and possess a full range of demographic characteristics.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Defendant Characteristics Difficulty Level: Easy 4. The right to be present at trial extends to pretrial hearings and meetings between the judge and the attorneys regarding evidentiary items.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Right to Be Present at Trial Difficulty Level: Easy 5. Repeated disruptive conduct may result in the defendant forfeiting his or her right to be present at trial.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Right to Be Present at Trial Difficulty Level: Easy 6. Defendants have the right to appear at their trial in civilian clothing and without visible restraints.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Right to Be Present at Trial Difficulty Level: Easy 7. A defendant has as absolute right to present any and all evidence or testimony he or she desires.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Easy 8. Hearsay statements are out of court statements made by witnesses who are not available to testify at the defendant‟s trial.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Hearsay and the Right of Confrontation Difficulty Level: Medium 9. Crime victims are rarely overlooked in the criminal court system.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Victims and the Criminal Courts Difficulty Level: Easy 10. Prior to sentencing, victims are given the opportunity to address the judge, either verbally or in writing, prior to sentencing through what is called a victim impact statement.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Victims and the Criminal Courts Difficulty Level: Easy 11. Impeachment is the process of challenging the truthfulness and credibility of a witness.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Right to Confront and Cross-Examine Witnesses Difficulty Level: Easy 12. Prior to the codification of victim‟s rights, crime victims had difficulty tracking the progress of their case.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Lack of Information About Case Difficulty Level: Medium 13. The Compulsory Process Clause and the Confrontation Clause are both within the Sixth Amendment.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Easy 14. There are no exceptions to the exclusionary rule.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Exceptions to the Exclusionary Rule Difficulty Level: Easy

15. The primary purpose of the exclusionary rule is to protect individuals‟ rights.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Easy Short Answer 1. What is the primary argument for and against the exclusionary rule?

Ans: Consequently, the exclusionary rule has been the subject of intense debate.

Proponents argue it is the only effective means of protecting individual rights from police misconduct, while critics decry the exclusion from trial of relevant evidence. Despite calls for its abolition and shifts in the composition of the Supreme Court, the exclusionary rule remains entrenched in American jurisprudence. But while the rule has survived, it has not gone unscathed. Supreme Court decisions over the years have limited the scope of the rule and created several exceptions.

REF: Cognitive Domain: Analysis Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Medium 2. Discuss the exclusionary rule and the amendment connected to it.

Ans: The exclusionary rule is a judicially created remedy for violations of the Fourth Amendment. It provides that any evidence obtained by law enforcement officers in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt.

REF: Cognitive Domain: Analysis Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Medium 3. What is required for evidence to be admissible?

Ans: For evidence and testimony to be admissible, it must at a minimum be relevant and trustworthy in the eyes of the judge. Evidence is considered relevant if (a) it has any tendency to make a fact more or less probable than it would be without the evidence and (b) the fact is of consequence in determining the action (Federal Rule of Evidence 401).

REF: Cognitive Domain: Analysis Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Medium 4. What are the two distinct concepts within the Confrontation Clause?

Ans: The Confrontation Clause of the Sixth Amendment provides, “In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” Simply put, the confrontation clause guarantees the defendant‟s right to face and confront any witness or evidence offered by the prosecution in a criminal trial or other proceedings substantially related to his or her ability to defend against the

charges faced. (1) The right to confront one‟s accusers face-to-face and (2) the right to cross-examine witnesses called by the prosecution.

REF: Cognitive Domain: Analysis Answer Location: Right to Confront and Cross-Examine Witnesses Difficulty Level: Medium 5. Under what two circumstances may a defendant be tried in absentia?

Ans: Before a court conducts a trial in absentia, the court must determine that the absence is voluntary and deliberate. If a defendant voluntarily and deliberately absconds either before or during his or her trial or repeatedly disrupt the proceedings by their unruly, loud, and disruptive conduct.

REF: Cognitive Domain: Analysis Answer Location: Right to Be Present at Trial Difficulty Level: Medium 6. Discuss the hub around which the criminal court system rotates.

Ans: Criminal defendants are the hub around which the criminal court system rotates.

The determination of a defendant‟s guilt and the pronouncement of his or her punishment are the foundational roles of the criminal courts. The protection of each defendant‟s constitutional rights is required of the system. Even the names of cases are based on the individual defendant.

REF: Cognitive Domain: Analysis Answer Location: Criminal Defendants Difficulty Level: Medium 7. Discuss the appropriate demeanor while in court for a defendant.

Ans: Beyond looking good, it is important that defendants display an appropriate demeanor while in court. This includes looking interested in what is happening, not scowling, and having a concerned yet pleasant expression when possible. Defendants should not acknowledge or talk to witnesses or victims as they appear in court. It is also important that defendants not react emotionally to what they hear from the witness stand or the prosecution. Even if testimony is untrue and inflammatory, it is critical that defendants refrain from showing any reaction to what they hear.

REF: Cognitive Domain: Analysis Answer Location: Defendants in Court Difficulty Level: Medium 8. Discuss the typical defendant educational level.

Ans: A majority of the defendants tend not to be well educated. Nearly half of the defendants prosecuted in federal courts did not graduate from high school. Moreover, 20% attended college, with only 5.4% earning a college degree. Not surprisingly, as discussed in Chapter 6, the overwhelming majority of defendants are indigent and are represented by publicly financed attorneys (Wolf Harlow, 2000; DeFrances & Litras, 2000).

REF: Cognitive Domain: Comprehension Answer Location: Defendant Characteristics

Difficulty Level: Medium 9. Discuss a criminal defendant‟s right to be present at his or her trial.

Ans: The Supreme Court has held that a criminal defendant has a right to be present at his or her trial. This right is based on two constitutional rights: the Confrontation Clause of the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment.

The Confrontation Clause, which is discussed in more detail below, provides defendants with the right to confront, generally face-to-face, witnesses who provide testimony for the prosecution at trial. To do this, logic dictates that the defendant be present at the trial.

REF: Cognitive Domain: Comprehension Answer Location: Right to Be Present at Trial Difficulty Level: Medium 10. Explain the definition and role of a subpoena.

Ans: A subpoena is simply a court order that requires an individual to appear at a specific time and place to testify as a witness. A subpoena is issued by the court and must be personally served (delivered) to the person whose appearance is sought. After being served with a subpoena, an individual who fails to appear in court as ordered is likely to be held in contempt of court. An important component of this right is to have individuals in prison or jail brought to court by law enforcement officials to testify.

REF: Cognitive Domain: Comprehension Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Medium Essay 1. What is the exclusionary rule? What is its primary purpose? Briefly explain both exceptions to the exclusionary rule.

Ans: The exclusionary rule is a judicially created remedy for violations of the Fourth Amendment. It provides that any evidence obtained by law enforcement officers in violation of the Fourth Amendment guarantee against unreasonable searches and seizures is not admissible in a criminal trial to prove guilt. The exclusionary rule was applied to the federal government in Weeks v. United States in 1914 and applied to the states in Mapp v. Ohio in 1961. The primary purpose of the exclusionary rule is to deter police misconduct although it also serves to protect judicial integrity. The two exceptions to the exclusionary rule are the good faith exception and the inevitable discovery exception. The good faith exception was established in Massachusetts v. Sheppard and United States v. Leon and states that evidence obtained by the police acting in good faith on a search warrant issued by a neutral and detached magistrate, which is ultimately found to be invalid, may nonetheless be admitted at trial. The Court emphasized that the good faith exception did not apply to errors made by the police, even if the errors were entirely inadvertent. The inevitable discovery exception was established in Nix v. Williams and permits the use at trial of evidence illegally obtained by the police if they can demonstrate that they would have discovered the evidence

anyway by legal means. The burden is on the police to prove that they would in fact have discovered the evidence lawfully even if they had not acted illegally.

REF: Cognitive Domain: Analysis Answer Location: Defendant Rights Prior to Prosecution: The Exclusionary Rule Difficulty Level: Medium 2. Explain the Compulsory Process Clause and the Confrontation Clause of the Sixth Amendment. These two clauses are associated with which defendant right discussed in the textbook?

Ans: The Compulsory Process Clause of the Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right to have compulsory process for obtaining witnesses in his favor.” The Supreme Court has interpreted this clause to provide defendants with a variety of rights. The explicit right provided by this clause is the right to compel individuals to appear in court and testify as witnesses for the defense. To do this, the defense obtains a subpoena--a court order that requires an individual to appear at a specific time and place to testify as a witness. The Compulsory Process Clause also includes the right to put on a defense at his or her trial. This clause is associated with the right to compulsory process and to present a defense. The Confrontation Clause of the Sixth Amendment provides, “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.”

Simply put, this clause guarantees the defendant‟s right to face and confront any witness or evidence offered by the prosecution in a criminal trial or other proceedings substantially related to his or her ability to defend against the charges faced. The clause involves two distinct concepts: (1) the right to confront one‟s accusers face-to-face and (2) the right to cross-examine witnesses called by the prosecution. The purposes behind this clause include ensuring that witnesses will give his or her statements under oath, thus guarding against lie by possibility of penalty for perjury, forces witness to submit to cross-examination, and permits the jury to observe demeanor of witnesses, thus aiding the jury in assessing credibility. The Confrontation Clause is associated with the right to confront and cross-examine witnesses.

REF: Cognitive Domain: Analysis Answer Location: Right to Compulsory Process and to Present a Defense Difficulty Level: Medium 3. Who has been given primary responsibility for the implementation of a significant number of the provisions contained in victims‟ rights measures? What has resulted from this phenomenon? List three of the common services provided by victim services or advocacy programs.

Ans: Local prosecutors have been given primary responsibility for the implementation of a significant number of the provisions contained in victims‟ rights measures. As a result, nearly all prosecuting attorney offices in the United States maintain some type of victim services or advocacy program. These programs employ trained victim advocates to work with victims and their families throughout the criminal justice process. Their primary mission is to ensure that victims are made aware of their rights and are treated fairly and with respect. While specific services performed by advocates vary by jurisdiction, common services include the following: keep victims informed about their

case status and progress, accompany a victim to court proceedings and investigative interviews, speak on the victim‟s behalf in court and with other officials, prepare victims for pending court hearings by informing them of procedures, provide contact information for local resources and counseling referrals, and assist victims in recovering stolen property and in obtaining restitution or compensation for expenses incurred as a result of the criminal act.

REF: Cognitive Domain: Analysis Answer Location: The Rise of the Victims‟ Rights Movement Difficulty Level: Medium 4. What does it mean for a defendant to be tried in absentia? In what two situations may a defendant be tried in absentia?

Ans: The right to be present in court extends to hearings “whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge” (Snyder v. Massachusetts, 1934, p. 106). Note that the Court did not say a defendant has an absolute right to be present at all times during the trial. Rather the Court said the defendant has a right to be present when being present has a “reasonably substantial” relationship to his or her ability to effectively defend the charges. Thus, while there is a general right to be present at trial, it does not necessarily extend to pretrial hearing on procedural matters, meetings between the judge and the attorneys regarding evidentiary items, or those rare instances when the court takes the jury outside the courtroom to view a relevant scene or locale.

Courts have also found that the right to be present at trial may be forfeited or waived by the defendant. There are two primary ways that this takes place. First, if a defendant absconds either before or during his or her trial, he or she may be tried in absentia (Taylor v. United States, 1973). Before a court conducts a trial in absentia, the court must determine that the absence is voluntary and deliberate. So long as the defendant had notice of the time the proceedings were to begin, intentional absence is presumed, and the trial will likely proceed without the defendant being present. The second circumstance where defendants forfeit their right to be present at trial is when they repeatedly disrupt the proceedings by their unruly, loud, and disruptive conduct.

REF: Cognitive Domain: Application Answer Location: Right to Be Present at Trial Difficulty Level: Hard 5. Explain the difference between testimonial and nontestimonial statements.

Ans: In 2006, the Supreme Court clarified what differentiates testimonial and nontestimonial statements. “Statements are non-testimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency. They are testimonial when the circumstances objectively indicate that there is no such ongoing emergency and that the primary purpose of the interrogation is to establish or prove past events potentially relevant to later criminal prosecution” (Davis v.

Washington, 2006, p. 822). Under this definition, a 911 call made during the commission of a crime, an ongoing emergency, is not testimonial. On the other hand,

responses to questions posed by the police of other government officials after the emergency has subsided are testimonial and subject to the Crawford restrictions.

REF: Cognitive Domain: Application Answer Location: Hearsay and the Right of Confrontation Difficulty Level: Hard

Chapter 9: The Jury Test Bank Multiple Choice 1. What is the name of the process that occurred during the Middle Ages in which a defendant would perform some dangerous task to prove his or her innocence?

A. trial by fire B. trial by ordeal C. trial by torture D. trial by endurance Ans: B REF: Cognitive Domain: Knowledge Answer Location: History of Jury Trials Difficulty Level: Easy 2. Which document, signed in 13th-century England, was supposed to have granted a right to trial by a judgment of his peers?

A. the Articles of Confederation B. the Rights of Free Men C. the Treaty of Versailles D. the Magna Carta Ans: D REF: Cognitive Domain: Knowledge Answer Location: History of Jury Trials Difficulty Level: Easy 3. What ruling came from the suit filed by Edward Bushell, filed in England in 1670?

A. Verdicts must be given by jurors.

B. Jurors cannot be bribed.

C. Juries must not be coerced.

D. Juries can be overruled by a judge.

Ans: C REF: Cognitive Domain: Knowledge Answer Location: History of Jury Trials Difficulty Level: Easy

4. The verdict in the trial of John Peter Zenger is an example of ______.

A. judicial misconduct B. jury nullification C. voir dire D. jury reform Ans: B REF: Cognitive Domain: Knowledge Answer Location: History of Jury Trials Difficulty Level: Easy 5. Which amendment to the Constitution guarantees a person accused of a crime the right to a trial by jury?

A. First Amendment B. Third Amendment C. Fifth Amendment D. Sixth Amendment Ans: D REF: Cognitive Domain: Knowledge Answer Location: History of Jury Trials Difficulty Level: Easy 6. What type of discretion does the jury have in interpreting evidence and establishing the facts of a case?

A. limited discretion B. enumerated C. The jury has no discretion.

D. virtually unlimited discretion Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 7. What amendment to the Constitution give defendants the right to refrain from testifying at trial?

A. First Amendment B. Third Amendment C. Fifth Amendment D. Sixth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 8. Which of the following are jurors not typically told at the close of the trial, before deliberations?

A. to consider only the facts presented

B. not to consider evidence or testimony that they were to disregard C. to apply the facts to the law D. to consider how the crime impacted the victim Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 9. In which case did the Supreme Court hold that the right to trial by jury for serious offenses was a fundamental right and applicable to the states?

A. Duncan v. Louisiana B. Payne v. Tennessee C. Muniz v. Hoffman D. Acevedo v. California Ans: A REF: Cognitive Domain: Knowledge Answer Location: Limits on the Right to Trial by Jury Difficulty Level: Easy 10. Defendants are entitled to a trial by a jury for all ______.

A. trials B. felonies C. cases that may result in imprisonment of more than 6 months D. cases that may result in any imprisonment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Limits on the Right to Trial by Jury Difficulty Level: Easy 11. When a jury is unable to reach a unanimous verdict, ______.

A. the verdict is decided by the majority B. the jury is held in contempt of court C. the defendant is declared not guilty D. a mistrial is declared Ans: D REF: Cognitive Domain: Knowledge Answer Location: Unanimous Verdicts Difficulty Level: Easy 12. In Ballew v. Georgia (1978), the Court unanimously held the minimum number of jurors must be ______.

A. 6 B. 9 C. 10 D. 12 Ans: A

REF: Cognitive Domain: Knowledge Answer Location: Jury Size Difficulty Level: Easy 13. State juries must consist of ______ jurors.

A. at least 6 B. at least 9 C. at least 12 D. exactly 12 Ans: A REF: Cognitive Domain: Knowledge Answer Location: Jury Size Difficulty Level: Easy 14. A jury with fewer than six members is ______.

A. inadvisable B. illiterate C. unconstitutional D. recommended Ans: A REF: Cognitive Domain: Knowledge Answer Location: Jury Size Difficulty Level: Easy 15. What is required of verdicts in six-person juries?

A. majority verdicts B. Six-person juries are unconstitutional.

C. Five of the six jurors must agree.

D. unanimous verdicts Ans: D REF: Cognitive Domain: Knowledge Answer Location: Unanimous Verdicts Difficulty Level: Easy 16. The jury selection process is designed to achieve two goals: to ensure that a fair cross section of the community is included as potential jurors and to ______.

A. give the defendant the greatest opportunity for acquittal B. provide the lowest likelihood of conviction C. provide the highest likelihood of conviction D. permit the seating of individual jurors who are unbiased with regard to the case on which they serve Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Selection of Jurors Difficulty Level: Easy

17. When first established, jury wheels consisted primarily of ______.

A. voter registration lists B. telephone directories C. driver‟s license lists D. jury volunteer lists Ans: A REF: Cognitive Domain: Knowledge Answer Location: Stage 1: Developing a Master Jury List Difficulty Level: Easy 18. The name for the group of individuals who report for jury duty at a given time is the ______.

A. master jury list B. secondary jury list C. venire D. voir dire Ans: C REF: Cognitive Domain: Knowledge Answer Location: Stage 2: From Venire to Jury Panel Difficulty Level: Easy 19. In general, how many peremptory challenges are available to attorneys in noncapital cases when choosing a jury?

A. 4–6 B. 10–12 C. 16–20 D. 25–30 Ans: A REF: Cognitive Domain: Knowledge Answer Location: Impeaching a Jury‟s Verdict Difficulty Level: Easy 20. In what manner is a jury‟s question most commonly posed to a witness?

A. The jury foreman asks the witness directly.

B. The juror with the question asks the witness directly.

C. The judge asks the witness on behalf of the jury.

D. The prosecution asks the witness on behalf of the jury.

Ans: C REF: Cognitive Domain: Knowledge Answer Location: Allowing Jurors to Question Witnesses Difficulty Level: Easy 21. Which of the following is typically not found in a juror‟s trial notebook?

A. a list of potential defenses B. jury instructions C. a list of witnesses

D. copies of key documents Ans: A REF: Cognitive Domain: Knowledge Answer Location: Providing Jurors With a Trial Notebook Difficulty Level: Easy 22. The option of jury nullification is found ______.

A. in the First Amendment B. in the Sixth Amendment C. in the Tenth Amendment D. nowhere in the Constitution Ans: D REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification Difficulty Level: Easy 23. What options are available to the court if a jury engages in jury nullification?

A. retrial of the defendant B. charge the defendant with a lesser offense C. hold the jury in contempt of court D. none of these Ans: D REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification Difficulty Level: Easy 24. Which of the following is not a typical example of a case that may end in the use of jury nullification?

A. euthanasia B. three-strikes laws C. medical marijuana use D. armed robbery Ans: D REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification Difficulty Level: Easy True/False 1. Trial by jury was originally a purely American concept.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. The “American jury system” predated the Declaration of Independence.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: History of Jury Trials Difficulty Level: Easy 3. One role of jurors is to determine the true facts of the case.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 4. Under the law, the jury‟s role in the criminal justice process is that of law finder.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 5. Jurors have always been allowed to take notes during a trial.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Allowing Jurors to Take Notes Difficulty Level: Easy 6. Jurors are allowed to read peer-reviewed scholarly works (journals) to expand their knowledge on the subject at hand.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 7. In murder cases where life imprisonment or death is a possible sentence, jurors are instructed to consider the weight of possible sentences if the defendant is found guilty.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: The Role of the Jury Difficulty Level: Easy 8. Many states did not provide trials by jury until that portion of the Bill of Rights was incorporated by the Fourteenth Amendment.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Limits on the Right to Trial by Jury Difficulty Level: Easy 9. Unanimous verdicts are always mandated for a verdict to be handed down.

Ans: F

REF: Cognitive Domain: Knowledge Answer Location: Unanimous Verdicts Difficulty Level: Easy 10. Jury summons have high return rates.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Stage 1: Developing a Master Jury List Difficulty Level: Easy 11. Voir dire is the process in which jurors are questioned to determine if they will sit as a juror for a particular trial.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Stage 3: Voir Dire Difficulty Level: Easy 12. Peremptory challenges are limited in number.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Challenges for Cause and Peremptory Challenges Difficulty Level: Easy 13. Allowing jurors to take notes during a trial is a relatively new occurrence.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Allowing Jurors to Take Notes Difficulty Level: Easy 14. Some jury reform measures involve jury management practices.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Reforms to the Jury System Difficulty Level: Easy 15. Jury nullification can only be used to find a defendant not guilty.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification Difficulty Level: Easy Short Answer 1. What‟s the significance of trial by jury in the United States?

Ans: Trial by jury has been an integral part of the American criminal justice system for well over 200 years. In serving to temper the power of the government to judge

individuals to be in violation of the rules of society, the jury lets members of society itself determine if a person is worthy of condemnation.

REF: Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Medium 2. Explain the role of the Sixth Amendment and the right to trial.

Ans: The Sixth Amendment guarantees that a person accused of a crime shall have the right to a trial “by an impartial jury of the State and district wherein the crime shall have been committed.” Several items with the text of the amendment are interesting to note.

First, recall that a concern raised by the founding fathers‟ experiences with the jury system under English rule was the use of individuals handpicked by the English Crown to make up jury pools in the colonies. In response to this, the Sixth Amendment required that a jury be impartial and not stacked by the government.

REF: Cognitive Domain: Comprehension Answer Location: History of Jury Trials Difficulty Level: Medium 3. Under the “key-man” system, which group was favored?

Ans: Up until the 1960s, most courts used a “key-man” system to choose their jurors.

Under this system, court clerks and jury commissioners would consult with civic and political leaders (the “key men”) for input on who should be placed on the master list of potential jurors. Predictably, these “blue-ribbon” juries were not representative of the community and included a disproportionately high number of middle- and upper-class middle-aged White men.

REF: Cognitive Domain: Comprehension Answer Location: Stage 1: Developing a Master Jury List Difficulty Level: Medium 4. Discuss the significance of Duncan v. Louisiana (1968).

Ans: The case of Duncan v. Louisiana (1968) involved a prosecution for simple battery, a misdemeanor punishable by up to 2 years in prison. Under the Louisiana law, only defendants charged with crimes with a potential punishment of death or imprisonment at hard labor were entitled to a jury trial. Duncan was convicted at a bench trial and sentenced to 60 days in jail. After losing his appeal to the Louisiana Supreme Court, he sought review at the U.S. Supreme Court on the grounds that his right to a trial by jury for a crime punishable by 2 years in prison was violated.

REF: Cognitive Domain: Comprehension Answer Location: Limits on the Right to Trial by Jury Difficulty Level: Medium 5. Discuss the two aspects of the use of juries not addressed in the Constitution.

Ans: Two aspects of the use of juries in criminal trials not addressed in the Constitution are how many jurors are needed to conduct a fair trial and whether all the jurors must agree on a verdict before a person can be convicted or acquitted. The importance of size and unanimity requirements hinges on the role of the jury in the criminal justice

system. Relatedly, the number of jurors needed for jury trial also involves a balance of expense versus fulfilling the ideal of trial by jury.

REF: Cognitive Domain: Comprehension Answer Location: Jury Size and Unanimity Requirements Difficulty Level: Medium 6. Discuss the history of a 12-person jury in the United States.

Ans: The use of 12 jurors in the American colonies was generally accepted as the correct size to fairly sit in judgment at a criminal trial and was the accepted standard at the time the nation was founded. More than 200 years later, juries made up of 12 people are still the norm.

While Rule 23(b) of the Federal Rules of Criminal Procedure, which states that juries must consist of 12 persons, governs federal prosecutions, the use of 12 jurors is not constitutionally mandated. In Williams v. Florida (1970), the Supreme Court ruled that juries do not have to be made up of 12 people to be constitutional. In considering the matter, the Court found that the tradition of juries having 12 members was an “historical accident, wholly without significance except to mystics.”

REF: Cognitive Domain: Comprehension Answer Location: Jury Size Difficulty Level: Medium 7. Discuss the significance of Ballew v. Georgia with respect to its effect on jury size.

Ans: As you might have guessed, once the Court ruled that six-person juries were allowed, the Court would be asked to consider whether even smaller juries were constitutional. In Ballew v. Georgia (1978), the Court unanimously held that six was the fewest number of jurors permissible. The Court based this holding on research that smaller juries have less collective recall of trial testimony, are less likely to “foster effective group deliberation,” and are less likely to be representative of the community or include racial or ethnic minorities. While acknowledging that there is no clear distinction between five- and six-person juries, the Court held that juries with fewer than six members were unconstitutional.

REF: Cognitive Domain: Comprehension Answer Location: Jury Size Difficulty Level: Medium 8. Discuss the first step in the jury selection process.

Ans: The first step in the jury selection process involves a jurisdiction establishing a master list, or “jury wheel,” of all potential jurors within its jurisdictional boundaries who can be chosen at random to report for jury duty as needed. While the master lists developed in the 21st century are very broad and inclusive in their scope, this was not always the case.

REF: Cognitive Domain: Comprehension Answer Location: Stage 1: Developing a Master Jury List Difficulty Level: Medium 9. Explain the venire and its role in the jury selection process.

Ans: The group of individuals who report for jury duty at a given time is known as the venire or jury pool. In midsize and large jurisdictions, it is typical for more than one jury trial to be scheduled to begin on the same day or in the same week. To fill this need, dozens and even hundreds of summoned jurors may be asked to report to the courthouse at the same time. On reporting, members of the venire are likely to be asked to fill out a questionnaire and administrative paperwork and to receive information about matters such as parking, scheduling, and the payment of fees for jury service. In addition, they are given an orientation about the jury system, their role as jurors, and what they should expect.

REF: Cognitive Domain: Comprehension Answer Location: Stage 2: From Venire to Jury Panel Difficulty Level: Medium 10. Explain the significance of voir dire.

Ans: Once prospective jurors report to a courtroom, they participate in what is known as voir dire (“to see to speak”). The voir dire involves prospective jurors being questioned under oath by the attorneys and the judge to help determine their appropriateness to sit as a juror for a specific trial. The “official goal” is to select jurors who can consider the case in a fair, an impartial, and an unbiased manner. While this is true to a degree, in reality, attorneys want jurors who are predisposed to rule in their favor.

REF: Cognitive Domain: Comprehension Answer Location: Stage 3: Voir Dire Difficulty Level: Medium Essay 1. Explain what has been done over the last quarter of a century to reform the jury system.

Ans: Since the early 1990s, efforts have been under way in a number of states to reform a number of aspects of the jury system. In this period, 38 states have created statewide commissions to consider ways of improving the jury system. These commissions have made various recommendations to state policy makers, resulting in a myriad of reforms.

The reforms can be placed into two general categories: jury management and trial practices. A central theme among the trial practices reforms has been to make changes that enhance the ability of jurors to accurately consider the evidence presented to them and apply it to the law. Reforms to the jury system include the following: allowing jurors to take notes, allowing jurors to question witnesses, providing written copies of instructions for each juror, and providing jurors with a trial notebook.

REF: Cognitive Domain: Analysis Answer Location: Reforms to the Jury System Difficulty Level: Medium 2. Explain why it is so important that juries reach a unanimous verdict.

Ans: The jury serves as the conscience of the community and speaks for society in considering a defendant‟s fate. It is important that efforts be made to ensure that the jury represents the community for which it is speaking. One of the primary questions

asked in favor of unanimity is: If all members of the jury who represent various aspects of the community are not persuaded by the facts presented at trial to reach a certain verdict, is it appropriate to ignore the minority opinion and allow a nonunanimous verdict? The idea that there is still a reasonable doubt within the jury is a significant reason that a unanimous requirement is important. Additionally, would accepting nonunanimous verdicts encourage the majority of jurors to ignore or discount the input of the minority? If the answer is yes, then having nonunanimous verdicts would hinder the jury‟s representation of the community as a whole.

REF: Cognitive Domain: Analysis Answer Location: Unanimous Verdicts Difficulty Level: Medium 3. Explain why it is that juries cannot be smaller than 6 people or larger than 12.

Ans: The number of jurors needed for jury trial involves a balance of expense versus fulfilling the ideal of trial by jury. As juries deliberate as a group, a process that involves significant give-and-take, it is argued that juries with more members will have more constructive deliberations. In addition, larger juries are likely to have broader demographic representation, and therefore be more representative of the community they represent. On the other hand, unnecessarily large juries are an added expense to an already-burdened system. Requiring larger juries also entails an increased number of citizens to be called in for jury duty and increased costs in assembling and administering juries. For these reasons, the courts have made the size requirement between 6 and 12 in order to balance expense with fulfilling the ideal of trial by jury.

REF: Cognitive Domain: Analysis Answer Location: Jury Size and Unanimity Requirements Difficulty Level: Medium 4. What are the restrictions on the jury as fact finder?

Ans: The jury is permitted to consider only facts presented in court as evidence. Jurors are not permitted to conduct their own investigations, look up information about the case in newspapers, or read scientific journals or other scholarly materials to weigh the validity of forensic evidence. In addition, jurors are to consider only evidence properly admitted in the case. If items were raised at trial but excluded by the judge, jurors are instructed to “disregard” that evidence. The most important restriction on what the jury can consider in establishing the facts of a case is the prohibition of their considering a defendant‟s failure to testify at trial. As the Fifth Amendment gives a defendant the right to refrain from testifying, it would be wrong for a jury to infer anything from the exercise of this right. Finally, the jury is not permitted to consider possible punishments. As the jury is to determine the facts of the case based solely on the evidence presented, and the consequences of their verdict are clearly outside this factual determination, juries are expressly instructed not to consider what will happen to the defendant if they vote to convict.

REF: Cognitive Domain: Analysis Answer Location: The Role of the Jury Difficulty Level: Medium

5. Describe the jury selection process. Why is this process important?

Ans: The first step in the jury selection process involves a jurisdiction establishing a master list, or “jury wheel,” of all potential jurors within its jurisdictional boundaries who can be chosen at random to report for jury duty as needed. The group of individuals who report for jury duty at a given time is known as the venire or jury pool. Next, members of the venire wait in the jury assembly room until the jury commissioner‟s staff is given notice that a court is ready to select a jury. At this point, a set number of members of the venire are selected at random to report to the given courtroom. This group of individuals is referred to as the jury panel. Once prospective jurors report to a courtroom, they participate in what is known as voir dire. The voir dire involves prospective jurors being questioned under oath by the attorneys and the judge to help determine their appropriateness to sit as a juror for a specific trial. The questioning during voir dire can be conducted by the attorneys, the judge, or both. If an attorney believes a potential juror is biased and cannot be fair and impartial, the attorney makes a challenge for cause. Attorneys for both sides have an unlimited number of challenges for cause. After challenges for cause have been resolved and voir dire has been completed, the attorneys are given the opportunity to have a certain number of potential jurors removed from the panel without having to state a reason. This act is known as a peremptory challenge. The number of peremptory challenges is limited. A critical component of any court system that uses juries to determine guilt is how individuals are selected to be jurors. The makeup of a jury has the potential to affect the outcome of an individual trial, and the representativeness of the people asked to participate in the jury system as jurors also has an impact on the perceived fairness and legitimacy of the process. In addition, to satisfy the Sixth Amendment, courts and states must take steps to ensure that their jury selection system provides the defendant with a trial before an impartial jury.

REF: Cognitive Domain: Analysis Answer Location: The Selection of Jurors Difficulty Level: Medium

Chapter 10: Pretrial Procedures Test Bank Multiple Choice 1. Which of the following is the required level of proof for an officer to make an arrest without a warrant?

A. beyond reasonable doubt B. preponderance of the evidence C. probable cause D. reasonable suspicion Ans: C REF: Cognitive Domain: Knowledge

Answer Location: Arrest Difficulty Level: Easy 2. Which of the following is the required level of proof for an officer to obtain a search or arrest warrant?

A. beyond reasonable doubt B. preponderance of the evidence C. probable cause D. reasonable suspicion Ans: C REF: Cognitive Domain: Knowledge Answer Location: Arrest Difficulty Level: Easy 3. Under which charging policy do prosecutors only file charges if they feel they have sufficient evidence and a strong likelihood of conviction?

A. legal sufficiency B. trial sufficiency C. system efficiency D. defendant rehabilitation Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Charging Decision Difficulty Level: Easy 4. Under which charging policy do prosecutors file charges in any situation where the legal elements of a crime are present?

A. legal sufficiency B. trial sufficiency C. system efficiency D. defendant rehabilitation Ans: A REF: Cognitive Domain: Knowledge Answer Location: The Charging Decision Difficulty Level: Easy 5. Which of the following is not one of the primary legal factors that prosecutors use to judge convictability?

A. seriousness of the offense B. strength of evidence in the case C. culpability of the defendant D. severity of possible punishment Ans: D REF: Cognitive Domain: Knowledge Answer Location: Factors Affecting Prosecutors‟ Charging Decisions Difficulty Level: Easy

6. For which of the following offenses do many question the “wisdom of state intervention?”

A. sexual assault B. domestic violence C. child neglect D. driving under the influence Ans: B REF: Cognitive Domain: Knowledge Answer Location: Factors Affecting Prosecutors‟ Charging Decisions Difficulty Level: Easy 7. Which of the actors in the criminal court system benefit from plea bargaining?

A. prosecutors B. defense attorneys C. victims D. all of these Ans: D REF: Cognitive Domain: Knowledge Answer Location: Arguments for and Against Plea Bargaining Difficulty Level: Easy 8. What practice is also referred to as a slow plea of guilty?

A. initial appearance B. booking C. arraignment D. jury waiver Ans: D REF: Cognitive Domain: Knowledge Answer Location: Attempts to Restrict or Ban Plea Bargaining Difficulty Level: Easy 9. Which of the following is an alternative to indictment by a grand jury?

A. petty indictment B. due process indictment C. bill of charge D. filing of an information Ans: D REF: Cognitive Domain: Knowledge Answer Location: Information Difficulty Level: Easy 10. Which amendment requires the federal government to take a criminal case forward by means of a grand jury indictment?

A. Fifth Amendment B. Sixth Amendment

C. Eighth Amendment D. Fourteenth Amendment Ans: A REF: Cognitive Domain: Knowledge Answer Location: Indictment Difficulty Level: Easy 11. Charges filed against a defendant are outlined in an information or a(an) ______.

A. warrant B. subpoena C. indictment D. booking sheet Ans: C REF: Cognitive Domain: Knowledge Answer Location: Indictment Difficulty Level: Easy 12. Which amendment provides that “excessive bail shall not be required?”

A. Fourth Amendment B. Sixth Amendment C. Eighth Amendment D. Ninth Amendment Ans: C REF: Cognitive Domain: Knowledge Answer Location: Bail Difficulty Level: Easy 13. At which point in the criminal process for a felony offense is the defendant formally notified of the charges?

A. booking B. initial appearance C. arraignment D. during the pretrial motions Ans: C REF: Cognitive Domain: Knowledge Answer Location: Arraignment Difficulty Level: Easy 14. What is the process by which both parties to the case learn of the evidence the opposing side will use?

A. discovery B. bargaining C. change of venue D. arraignment Ans: A REF: Cognitive Domain: Knowledge

Answer Location: Discovery Difficulty Level: Easy 15. Which of the following pleas is used to state the desire of the defendant not to contest the charge?

A. standing mute B. nolo contendre C. alford plea D. mercy plea Ans: B REF: Cognitive Domain: Knowledge Answer Location: Arraignment Difficulty Level: Easy 16. Evidence that tends to show the defendant‟s innocence is known as ______.

A. exculpatory evidence B. incriminating evidence C. discovery D. substantive evidence Ans: A REF: Cognitive Domain: Knowledge Answer Location: Constraints on Prosecutorial Discretion Difficulty Level: Easy 17. Which of the following pretrial motions is a request that one side provide evidence to the other side?

A. motion for dismissal of charges B. motion for a change of venue C. motion for discovery D. motion to suppress evidence Ans: C REF: Cognitive Domain: Knowledge Answer Location: Pretrial Motions Difficulty Level: Easy 18. What type of motion is used to move a case to another jurisdiction?

A. motion for discovery B. motion to suppress C. motion to dismiss D. motion for a change of venue Ans: D REF: Cognitive Domain: Knowledge Answer Location: Pretrial Motions Difficulty Level: Easy

19. Which of the following is not one of the reasons plea bargaining became more common over time?

A. less concern over defendant‟s rights B. increasing complexity of the system C. increasing numbers of cases D. increasingly competent defense representation Ans: A REF: Cognitive Domain: Knowledge Answer Location: Plea Bargaining Difficulty Level: Easy 20. Under which circumstances can a judge refuse to allow a plea bargain and force a defendant to go to trial?

A. if the prosecutor “abused his or her discretion” B. if the prosecutor acted in “bad faith” C. if the prosecutor exercised “poor judgment” D. never Ans: A REF: Cognitive Domain: Knowledge Answer Location: Defining Plea Bargaining Difficulty Level: Easy 21. Ad hoc plea bargaining refers to ______.

A. pleas made after the prosecution has rested its case at trial B. pleas made after both sides have rested their cases at trial C. pleas involving unusual concessions made by the defendant D. pleas initially rejected by the defense but later accepted Ans: C REF: Cognitive Domain: Knowledge Answer Location: Ad Hoc Plea Bargaining Difficulty Level: Easy 22. The primary benefit of plea bargaining is that ______.

A. all defendants get their “day in court” B. cases are handled quickly C. only the guilty accept plea bargains D. only the most serious cases go to trial Ans: B REF: Cognitive Domain: Knowledge Answer Location: Plea Bargaining Difficulty Level: Easy 23. Which state actually banned plea bargaining?

A. Alaska B. Alabama C. Iowa

D. Idaho Ans: A REF: Cognitive Domain: Knowledge Answer Location: Attempts to Restrict or Ban Plea Bargaining Difficulty Level: Easy 24. According to California‟s restrictions on plea bargaining, under which of the following scenarios might a plea bargain be allowed?

A. a case involving a murder B. a case involving an armed robbery C. a case involving petty theft D. a case involving drunk driving Ans: C REF: Cognitive Domain: Knowledge Answer Location: Attempts to Restrict or Ban Plea Bargaining Difficulty Level: Easy 25. Which of the following is not suggested by research as a major factor influencing prosecutors‟ plea bargaining decisions?

A. strength of evidence B. seriousness of the offense C. defendant‟s criminal record D. defendant‟s employment status Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Predictors of Plea Bargaining: Does Race Matter?

Difficulty Level: Easy True/False 1. Sentence agreements reduce the judge‟s discretion.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Defining Plea Bargaining Difficulty Level: Medium 2. A guilty plea occurs when a defendant admits committing a crime.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Defining Plea Bargaining Difficulty Level: Medium 3. The Eighth Amendment to the U.S. Constitution requires the federal government to proceed via an indictment, handed down by a grand jury.

Ans: F REF: Cognitive Domain: Knowledge

Answer Location: Indictment Difficulty Level: Easy 4. When a grand jury returns an indictment, they return what is called a “true bill.”

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Indictment Difficulty Level: Easy 5. Suspects who are arrested will be booked at the arresting officer‟s station.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Booking Difficulty Level: Easy 6. The initial appearance serves to advise the suspect why he or she is being detained and to explain what the suspect‟s rights are.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Initial Appearance Difficulty Level: Medium 7. The nolo contendere plea is not allowed in all states.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Arraignment Difficulty Level: Easy 8. A pretrial motion asking for a change in jurisdiction is a motion for suppression.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Pretrial Motions Difficulty Level: Easy 9. Discovery is a two-way process in which both the prosecution and defense must exchange certain types of evidence.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Discovery Difficulty Level: Medium 10. Plea bargaining became increasingly common following the Civil War. Ans: T REF: Cognitive Domain: Knowledge Answer Location: Plea Bargaining Difficulty Level: Easy

11. A guilty plea requires that the defendants admit and explain (known as allocution) what happened.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Arraignment Difficulty Level: Easy 12. Not all guilty pleas result from plea bargains.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Defining Plea Bargaining Difficulty Level: Easy 13. Overcharging is one concern regarding plea bargains.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Arguments for and Against Plea Bargaining Difficulty Level: Easy 14. Only defense attorneys employ the services of professional jury consultants to help them determine what type of person is more likely to favor the prosecution or defense.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Jury Selection Difficulty Level: Easy 15. All evidence on the subject suggests that White defendants receive more/better plea deals than racial minorities.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: The Predictors of Plea Bargaining: Does Race Matter?

Difficulty Level: Medium Short Answer 1. Describe how the criminal process begins.

Ans: The criminal process usually begins with an arrest. Virtually all arrests are made by a police officer, although a private citizen can, in limited circumstances, make a “citizen‟s arrest.” For an arrest to be made, a police officer must have probable cause to believe a crime has been committed and that the person being arrested committed the crime or was in some way involved in the criminal activity. An arrest may be made by an officer either with or without an arrest warrant.

REF: Cognitive Domain: Comprehension Answer Location: Arrest Difficulty Level: Medium

2. Describe the booking process.

Ans: Suspects who are arrested will be booked at the arresting officer‟s station. Booking consists of filling out paperwork that records who is arrested, the time of the alleged offense, the facts involved, and so on. Fingerprints will be taken, and so will photographs. Then the suspect may be placed in a holding cell and allowed to contact family and/or an attorney.

REF: Cognitive Domain: Comprehension Answer Location: Booking Difficulty Level: Medium 3. Discuss two reasons why a prosecutor might decide not to file charges against a suspect who has been arrested by the police.

Ans: One reason might be that the prosecutor believes that the suspect is not guilty of the crime with which he or she is charged. Another reason--in fact, a more likely reason-for charge dismissal is that the prosecutor believes that the suspect is guilty but doesn‟t believe that he or she can get a conviction in the case.

REF: Cognitive Domain: Comprehension Answer Location: The Charging Decision Difficulty Level: Medium 4. Compare and contrast legal sufficiency policy and trial sufficiency policy.

Ans: Prosecutors operating under the legal sufficiency policy accept all cases in which the legal elements of the crime are present. Because prosecutors operating under this policy do not necessarily “screen out” cases where the evidence is weak, there is both a high proportion of cases that are accepted for prosecution and a large percentage of cases that are dismissed at preliminary hearings and trials. Prosecutors operating under a trial sufficiency policy, on the other hand, evaluate cases in terms of their likelihood of conviction at trial; they file charges only if the odds of conviction at trial are good (see “Charging Policies in Sexual Assault Cases in Los Angeles” for an example of this type of policy).

REF: Cognitive Domain: Analysis Answer Location: The Charging Decision Difficulty Level: Medium 5. Explain the process of an initial appearance.

If a suspect is arrested, booked, and charged, he or she will then be brought before a lower court judge for what is known as an initial appearance. Once a person is arrested, he or she must be brought before a magistrate “without unnecessary delay.” The initial appearance, which is usually held within a few hours or, at most, a few days of arrest, serves to advise the suspect why he or she is being detained and to explain what the suspect‟s rights are. The judge will read the charges filed against the accused and will explain the penalties for each charge. The judge also will inform the suspect of the right to a trial by jury and the right to counsel, including the right to have an attorney appointed if the suspect is indigent.

REF: Cognitive Domain: Comprehension

Answer Location: Initial Appearance Difficulty Level: Medium 6. Explain the Constitutionality of bail.

Interestingly, there is no constitutional right to bail. The Eighth Amendment only provides that “excessive bail shall not be required.” This means that bail should be an amount that is not unreasonable but that will guarantee the defendant‟s appearance at trial. In many jurisdictions, judges follow bail schedules, except in cases of serious or unusual offenses.

REF: Cognitive Domain: Comprehension Answer Location: Bail Difficulty Level: Medium 7. Describe the purpose of an arraignment.

Ans: After the grand jury or the judge at the initial appearance has decided that there is sufficient evidence to proceed with the case, the defendant will be arraigned. The purpose of arraignment is to formally notify the defendant of the charge(s) and to ask the defendant to enter a plea. At the arraignment, the defendant enters a plea.

REF: Cognitive Domain: Comprehension Answer Location: Arraignment Difficulty Level: Medium 8. Explain a standing mute plea, nolo contender, and guilty plea.

Ans: Standing mute means refusing to plead; in these instances, the court enters a “not guilty” plea for the defendant, thus preserving the defendant‟s constitutional right to trial.

A no contest plea, also referred to as nolo contendre, means “I do not desire to contest the action.” This plea resembles a guilty plea but is different in one important respect: It cannot be used against the defendant in any later civil litigation arising from the acts that gave rise to the initial criminal charge. Also, a plea of nolo contendre means that the defendant does not admit to the crime. A guilty plea, by contrast, requires that the defendants admit and explain (known as allocution) what happened.

REF: Cognitive Domain: Comprehension Answer Location: Arraignment Difficulty Level: Medium 9. Describe why an attorney would file a motion for a change of venue.

Ans: If there has been substantial pretrial publicity about the case, the defense attorney might file a motion for a change of venue; in the motion, the defense would argue that it will be difficult to obtain an impartial jury and that, therefore, the trial should be moved to a jurisdiction where there has been less publicity.

REF: Cognitive Domain: Comprehension Answer Location: Pretrial Motions Difficulty Level: Medium 10. Explain the purpose of a preemptory challenge.

Ans: Jurors may be challenged for cause or removed through the use of a peremptory challenge. A peremptory challenge is the one for which no reason need be given. While challenges for cause are unlimited, peremptory challenges are usually limited to a certain number.

REF: Cognitive Domain: Comprehension Answer Location: Challenges to the Jury Difficulty Level: Medium Essay 1. Identify and explain the arguments for and against plea bargaining.

Ans: Arguments in favor of plea bargaining are really arguments about the benefits of plea bargaining. Most people would agree that the primary benefit of plea bargaining is that it enables courts to dispose of large numbers of criminal cases quickly. The crime control model contends that a high rate of plea bargaining is necessary if the system is to operate with maximal efficiency. Plea bargaining benefits prosecutors, who are concerned about securing convictions and avoiding acquittals at trial and are faced with limited resources. The cases that go to trial are likely to be high-profile cases or those in which defendants are facing harsh potential sentences. Less serious cases, or cases with evidentiary or witness problems, are prime candidates for plea bargains. Plea bargaining, in other words, may be favored by the prosecution because it allows the courtroom workgroup to further its “mutual interest in avoiding conflict, reducing uncertainty, and maintaining group cohesion” (Weninger, 1987, p. 265).

Defense attorneys have high caseloads and limited resources and, like prosecutors, are concerned about disposing of cases quickly and efficiently. In addition, plea bargaining allows the defense attorney to mitigate the harshness of the sentence her or his client would face following conviction at trial. In this sense, plea bargaining also benefits defendants, who receive more lenient sentences by pleading guilty to less serious charges or to fewer courts. Finally, victims may benefit from plea bargaining; if the defendant pleads guilty, the victim will not have to testify at the trial or face the possibility that the prosecution will not succeed in obtaining a conviction (Demarest, 1994).

There are many arguments against plea bargaining. One is that plea bargaining allows prosecutors and defense attorneys to effectively decide matters of guilt; no judge and no jury are involved. Another criticism is that in an effort to secure a guilty plea, the prosecutor may start with the most serious charge and work down from there; the prosecutor may “overcharge” as a first step in the bargaining process.

Critics also charge that plea bargaining is inefficient. This criticism rests on two assumptions. The first is that defense attorneys attempt to draw out the negotiations in an attempt to get prosecutors to offer better deals. As one researcher observed, “Defense attorneys commonly devise strategies whose only utility lies in the threat they pose to the court‟s and prosecutor‟s time” (Alschuler, 1968, p. 50). The second assumption is that plea bargaining is unnecessary to induce guilty pleas. That is, critics of plea bargaining contend that most defendants would plead guilty without any concessions or promises of leniency if they think it is likely that they would be found guilty at trial (Arenella, 1983).

One of the most pervasive criticisms of plea bargaining is that it undermines the integrity of the criminal justice system. Plea bargaining, which amounts to deciding guilt without trial, circumvents the “rigorous standards of due process and proof imposed during trials” (Worden, 1990). Finally, critics of plea bargaining claim that innocent individuals may be coerced to plead guilty. As one of the staunchest critics of plea bargaining has stated, plea bargaining “darkens the prospect of going to trial as it brightens the prospect of pleading guilty” (Kipnis, 1976, p. 94).

REF: Cognitive Domain: Analysis Answer Location: Plea Bargaining Difficulty Level: Medium 2. Explain the rationale for using grand juries to indict, especially for federal offenses and state felonies.

Ans: The rationale behind requiring indictment by a grand jury is that this body can act as a check on an overzealous prosecutor, preventing him or her from prosecuting cases for which there is not sufficient evidence. In reality, the grand jury is unlikely to refuse to indict anyone. This does not necessarily mean it is not achieving its purpose of preventing improper prosecutions, however, as its very existence may prevent prosecutors from taking shaky cases to the grand jury. The grand jury is used in federal offenses and state felonies to ensure that there is sufficient evidence to validate pressing formal charges on the suspect.

REF: Cognitive Domain: Analysis Answer Location: Indictment Difficulty Level: Medium 3. Explain what factors influence a judge‟s decision of whether or not to grant bail and how and why these factors are considered.

Ans: The judge must decide whether to release the suspect on bail and, if so, the type and amount of bail to impose. When a judge concludes that a suspect poses a significant risk of flight or of harm to others, bail will not be granted. But if the suspect‟s appearance at trial is not a concern and he or she is not seen as dangerous, the suspect may either be released on his or her own recognizance (i.e., without paying bail) or required to pay monetary bail. These factors are evaluated by taking into consideration the defendant‟s ties to the community, whether or not they are employed, prior convictions, seriousness of the offense, and if they have the financial ability and means to be a serious flight risk. These factors are considered in order to ensure public safety and to protect the community from dangerous criminals.

REF: Cognitive Domain: Analysis Answer Location: Bail Difficulty Level: Medium 4. Explain the “gateway to justice.” What are some of the factors prosecutors consider when deciding whether or not to charge a suspect?

Ans: “The gateway to justice” refers to the prosecutor‟s initial decision of whether or not to prosecute a suspect. Prosecutors have wide discretion at this largely invisible stage in the process; there are no legislative or judicial guidelines on charging, and a decision

not to file charges ordinarily is immune from review. There are a number of reasons why prosecutors might decide not to file charges against a suspect who has been arrested by the police. One reason might be that the prosecutor believes that the suspect is not guilty of the crime with which he or she is charged. Another reason--in fact, a more likely reason--for charge dismissal is that the prosecutor believes that the suspect is guilty but does not believe that he or she can get a conviction in the case. Most studies of the charging process also conclude that prosecutors attempt to “avoid uncertainty” (Albonetti, 1986, 1987) by filing charges in cases where the odds of conviction are good and by rejecting charges in cases where conviction is unlikely. The results of these studies reveal that prosecutors‟ assessments of convictability are based primarily, but not exclusively, on legally relevant factors such as the seriousness of the offense, the strength of evidence in the case, and the culpability of the defendant. A second fairly consistent finding is that prosecutors‟ assessments of convictability, and thus their charging decisions also reflect the influence of legally irrelevant characteristics of the suspect and victim. Some researchers suggest that prosecutors attempt to predict how the background, behavior, and motivation of the suspect and victim will be interpreted by other decision makers, especially jurors. Victim characteristics also play a role in the charging process. Stanko (1988), in fact, concludes that “the character and credibility of the victim is a key factor in determining prosecutorial strategies, one at least as important as „objective‟ evidence about the crime or characteristics of the defendant.” In conclusion, there are a multitude of factors that influence a prosecutor‟s decision of whether or not to charge a suspect including likelihood of convictability, suspect characteristics, and victim characteristics. The gateway power of the prosecutor gives them significant discretion in the criminal justice system.

REF: Cognitive Domain: Application Answer Location: The Charging Decision Difficulty Level: Hard 5. Explain the discovery process. In what ways does discovery differ from state to state?

Ans: Discovery is the process by which both parties to the case learn of the evidence the opposing side will use. Rule 16 of the Federal Rules of Evidence provides, for example, that (1) the defendant may, upon request, discover from the prosecution “any written statements or transcriptions of oral statements made by the defendant that are in the prosecution‟s possession; (2) the defendant‟s prior criminal record; and (3) documents, photographs, tangible items, results from physical and mental evaluations, as well as other forms of real evidence considered material to the prosecution‟s case.”

There is considerable variation among the states in the types of information that are discoverable by the defense and the prosecution. In some states, only the defendant‟s statements and physical evidence need be disclosed to the defense; in other states, there is a presumption that the prosecutor, with only narrow exceptions, will disclose most of the evidence against the defendant. The defendant has a constitutional right to any exculpatory evidence. According to the Supreme Court‟s decision in Brady v.

Maryland (1970), prosecutors are not allowed to conceal exculpatory evidence, which is the evidence tending to show that the defendant is innocent. Some states also require reciprocal discovery--that is, the defense is required to turn over certain types of evidence to the prosecutor. Generally, the defense is required to notify the prosecutor if

the defendant is going to enter an insanity plea or use an alibi defense; in the latter situation, the defense may have to provide a list of witnesses who will support the alibi defense so that the state can be prepared to cross-examine them.

REF: Cognitive Domain: Application Answer Location: Arraignment Difficulty Level: Hard

Chapter 11: The Criminal Trial Test Bank Multiple Choice 1. Which courtroom actor provides the first opening statement?

A. judge B. prosecutor C. defense attorney D. defendant Ans: B REF: Cognitive Domain: Knowledge Answer Location: Opening Statements Difficulty Level: Easy 2. Which of the following communications may be considered privileged?

A. husband and wife B. attorney and client C. doctor and patient D. all of these Ans: D REF: Cognitive Domain: Knowledge Answer Location: Privileged Communications Difficulty Level: Easy 3. What is the level of proof required for the prosecution to overcome the presumption of innocence in a criminal trial?

A. beyond all doubt B. beyond a reasonable doubt C. preponderance of the evidence D. reasonable suspicion Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Presentation of Evidence Difficulty Level: Easy

4. After the prosecution has presented its case and before the defense presents its argument, the defense typically ______.

A. moves for a directed verdict of not guilty B. makes an additional motion for discovery C. moves to make a plea bargain D. requests more time to question state‟s witnesses Ans: A REF: Cognitive Domain: Knowledge Answer Location: The Presentation of Evidence Difficulty Level: Easy 5. The right of a defendant to confront witnesses against him or her is found ______.

A. in the Fourth Amendment B. in the Fifth Amendment C. in the Sixth Amendment D. nowhere in the Constitution Ans: C REF: Cognitive Domain: Knowledge Answer Location: The Presentation of Evidence Difficulty Level: Easy 6. Evidence presented at trial may be real evidence or ______.

A. fabricated evidence B. disputed evidence C. testimonial evidence D. expert evidence Ans: C REF: Cognitive Domain: Knowledge Answer Location: Types of Evidence Difficulty Level: Easy 7. The right against self-incrimination is found ______.

A. in the Fourth Amendment B. in the Fifth Amendment C. in the Sixth Amendment D. nowhere in the Constitution Ans: B REF: Cognitive Domain: Knowledge Answer Location: Privilege Against Self-Incrimination Difficulty Level: Easy 8. Tangible evidence used at trial such as documents or fingerprints are known as ______.

A. real evidence B. testimonial evidence C. visual evidence

D. tactile evidence Ans: A REF: Cognitive Domain: Knowledge Answer Location: Types of Evidence Difficulty Level: Easy 9. Evidence such as sworn statements of witnesses and victims are known as ______.

A. circumstantial evidence B. testimonial evidence C. auditory evidence D. intangible evidence Ans: B REF: Cognitive Domain: Knowledge Answer Location: Types of Evidence Difficulty Level: Easy 10. Lay witnesses may testify to all of the following except what?

A. what was said to them B. why the defendant committed the crime C. the events that they witnessed D. what they may have smelled Ans: B REF: Cognitive Domain: Knowledge Answer Location: Types of Evidence Difficulty Level: Easy 11. Which of the following is an example of direct evidence?

A. fingerprints found on a murder weapon B. a receipt for purchase of a gun used in a crime C. testimony of an eyewitness D. telephone records of calls between a victim and a defendant Ans: C REF: Cognitive Domain: Knowledge Answer Location: Types of Evidence Difficulty Level: Easy 12. Which of the following is an example of indirect evidence?

A. victim testimony B. a defendant‟s confession C. eyewitness testimony D. fingerprints from a crime scene Ans: D REF: Cognitive Domain: Knowledge Answer Location: Types of Evidence Difficulty Level: Easy

13. The act of swearing-in witnesses is done to ensure the ______ of their testimony.

A. competence B. relevance C. impact D. quality Ans: A REF: Cognitive Domain: Knowledge Answer Location: Rules of Evidence Difficulty Level: Easy 14. Testimony from a witness about evidence provided by someone else is known as ______.

A. indirect evidence B. intangible evidence C. ex post facto D. hearsay Ans: D REF: Cognitive Domain: Knowledge Answer Location: Objecting to Introduction of Evidence or Questions Asked Difficulty Level: Easy 15. In a jury trial, who determines the facts of the case?

A. the prosecution B. the defense attorney C. the judge D. the jury Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Verdict: Guilty or Not Guilty?

Difficulty Level: Easy 16. In a jury trial, who determines the law to be applied?

A. the prosecution B. the defense attorney C. the judge D. the jury Ans: C REF: Cognitive Domain: Knowledge Answer Location: Instructing the Jury Difficulty Level: Easy 17. Which of the following is a concern among many regarding jury instructions?

A. They bias the jury against the defense.

B. They bias the jury against the prosecution.

C. They are too difficult to understand.

D. They do not provide enough information.

Ans: C REF: Cognitive Domain: Knowledge Answer Location: Instructing the Jury Difficulty Level: Easy 18. Upon receipt of the judge‟s instructions, jurors deliberate in the ______.

A. jury box B. jury room C. judge‟s chambers D. deliberation chamber Ans: B REF: Cognitive Domain: Knowledge Answer Location: Jury Deliberations and Verdict Difficulty Level: Easy 19. Which of the following are researchers typically unable to do when conducting jury research?

A. observe jury deliberations B. hold mock juries C. interview jurors D. observe trials Ans: A REF: Cognitive Domain: Knowledge Answer Location: Jury Deliberations and Verdict Difficulty Level: Easy 20. According to research, under which circumstances do jurors tend to allow personal biases and other irrelevant considerations to cloud their judgment?

A. when the juror and defendant are of different racial groups B. when the juror and defendant are of the opposite sex C. when the evidence presented is strong D. when the evidence presented is weak Ans: D REF: Cognitive Domain: Knowledge Answer Location: The Verdict: Guilty or Not Guilty?

Difficulty Level: Easy

21. Jurors who engage in jury nullification are said to be voting with their ______.

A. heads B. consciences C. wallets D. feet Ans: B REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification

Difficulty Level: Easy 22. What hypothesis suggests that when the evidence is uncertain, jurors are freed from the constraints imposed by the law and therefore may feel free to take legally irrelevant factors into consideration?

A. the Jury Nullification Hypothesis B. the Liberation Hypothesis C. the Jury Hypothesis D. none of these Ans: B REF: Cognitive Domain: Knowledge Answer Location: The Verdict: Guilty or Not Guilty?

Difficulty Level: Easy 23. According to research, which of the following is not a significant factor predicting the likelihood of a hung jury?

A. case complexity B. the racial/ethnic and gender composition of the jury C. group dynamics of the jury D. juror concern over fairness Ans: B REF: Cognitive Domain: Knowledge Answer Location: Hung Juries Difficulty Level: Easy 24. Typically, who reads the verdict?

A. the prosecutor B. the defense attorney C. the judge D. the jury foreman Ans: C REF: Cognitive Domain: Knowledge Answer Location: Announcing the Verdict Difficulty Level: Easy True/False 1. Generally, the right to confront witnesses has been interpreted to mean that the witnesses who testify against the defendant must appear at trial and confront the defendant face-to-face.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Presentation of Evidence Difficulty Level: Easy 2. The subpoena cannot be used to compel witnesses to give pretrial depositions.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Calling Witnesses Difficulty Level: Easy 3. Regardless of which side calls a witness to testify, the prosecution is the first to question each witness.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: The Presentation of Evidence Difficulty Level: Easy 4. Marital privilege is absolute; one cannot be compelled to testify against one‟s spouse.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Privileged Communications Difficulty Level: Medium 5. The privilege against self-incrimination is absolute; a defendant cannot be compelled to testify in his or her own trial.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Privilege Against Self-Incrimination Difficulty Level: Easy 6. Certain categories of individuals generally cannot be compelled to testify in criminal cases.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Privileged Communication Difficulty Level: Easy 7. After all the evidence in the case has been presented, each side is allowed to make a closing argument.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Closing Arguments Difficulty Level: Easy 8. Most jury trials result in convictions.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification Difficulty Level: Easy

9. Once the jury moves to deliberate, there can be no more contact between the jury and the judge.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Jury Deliberations and Verdict Difficulty Level: Medium 10. Some research shows that jurors allow biases to cloud their judgment only when the evidence presented is weak.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Verdict: Guilty or Not Guilty?

Difficulty Level: Easy 11. Witness testimony is not governed by the rules of evidence.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Rules of Evidence Difficulty Level: Medium 12. Juries must return with a unanimous verdict for a conviction or acquittal in all federal criminal cases.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Requirement of Unanimity Difficulty Level: Easy 13. Most jury trials result in acquittal.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Jury Nullification Difficulty Level: Easy 14. According to research, a racially diverse jury is more likely than a racially homogenous jury to reach a hung verdict.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Hung Juries Difficulty Level: Medium 15. If the jury finds the defendant not guilty, the prosecution can appeal.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Announcing the Verdict Difficulty Level: Easy

Short Answer 1. Discuss the role of the presumption of innocence.

Ans: The defendant is presumed to be innocent and therefore is not required to prove his or her innocence. It is important to point out that the presumption of innocence is not a prediction of the outcome of the case: Presuming the defendant‟s innocence does not equate to an expectation that the defendant will be found not guilty.

REF: Cognitive Domain: Comprehension Answer Location: The Presentation of Evidence Difficulty Level: Medium 2. Explain how the Sixth Amendment is related to the right to cross-examination.

Ans: The Sixth Amendment gives the defendant in a criminal case the right to crossexamine witnesses against him or her and also “to have compulsory process for obtaining witnesses in his or her favor.” This means that the defendant can compel witnesses to come to court and testify in the case. This is done by subpoena, which is a court order requiring the individual to come to court and testify as a witness.

REF: Cognitive Domain: Comprehension Answer Location: Calling Witnesses Difficulty Level: Medium 3. Provide an example of privileged communication.

Ans: Certain categories of individuals generally cannot be compelled to testify in criminal cases. For instance, husbands and wives cannot be forced to testify against each other; priests cannot be compelled to testify about things told to them in confidence by parishioners; doctors cannot be forced to testify about their patients; and lawyers cannot be forced to reveal information provided by their clients.

REF: Cognitive Domain: Analysis Answer Location: Privileged Communications Difficulty Level: Medium 4. Explain the privilege against self-incrimination.

Ans: The Fifth Amendment states that “no person . . . shall be compelled in any criminal case to be a witness against himself.” This privilege against self-incrimination means that the prosecutor cannot call the defendant as a witness and question this person about his or her involvement in the crime with which he or she is charged.

REF: Cognitive Domain: Analysis Answer Location: Privilege Against Self-Incrimination Difficulty Level: Medium 5. Provide at least two examples of real evidence.

Ans: Real evidence consists of fingerprints or DNA linking the suspect to the crime, stolen property, clothing worn by the victim, documents, photographs of the victim or the crime scene, guns or knives used in the crime, and other tangible items.

REF: Cognitive Domain: Comprehension Answer Location: Types of Evidence

Difficulty Level: Medium 6. Describe and define testimonial evidence.

Ans: Testimonial evidence is the sworn statements of witnesses, including the victim, eyewitnesses to the crime, and the police officers who investigated the crime. It also includes the testimony of experts who are called to testify about things such as the defendant‟s sanity; the scientific tests that were conducted on fingerprints, DNA, or a recovered weapon; or the cause of the victim‟s death.

REF: Cognitive Domain: Analysis Answer Location: Types of Evidence Difficulty Level: Medium 7. Explain direct and indirect evidence.

Ans: Direct evidence includes eyewitness testimony, the confession of the defendant, or testimony by the victim of the crime; it is evidence that, by itself, proves (or disproves) a fact that is at issue in the case. Indirect evidence, or circumstantial evidence, is evidence that requires the judge or jury to make inferences about what happened at the scene of the crime or judgments about the defendant‟s role in the crime.

REF: Cognitive Domain: Comprehension Answer Location: Types of Evidence Difficulty Level: Medium 8. Explain and provide an example of hearsay evidence.

Ans: A common reason for objecting to the admission of evidence is that the evidence is hearsay. Hearsay evidence is evidence given by a witness that is based on information provided to the witness by someone else. This type of evidence generally is not admissible. For example, a witness who states in court, “I know that the defendant owned a gun like that because my brother told me that he saw the gun in the defendant‟s car,” would be giving hearsay testimony. The witness has no direct knowledge that the defendant owned a gun.

REF: Cognitive Domain: Analysis Answer Location: Objecting to Introduction of Evidence or Questions Asked Difficulty Level: Medium 9. Discuss the purpose of the closing argument.

Ans: The purpose of the closing argument is to summarize the case for the jury and to persuade the jury to either convict or acquit the defendant. The attorneys can only discuss issues that were raised during the trial and cannot comment on evidence that was not presented.

REF: Cognitive Domain: Comprehension Answer Location: Closing Arguments Difficulty Level: Medium 10. How often does jury nullification occur?

Ans: There is no way to know with any certainty how often jury nullification occurs.

However, researchers have sought to identify the circumstances under which jurors will

disregard the law. Some experimental evidence shows that as penalties become more severe, jurors are less likely to convict and in fact apply higher standards of proof (Kerr, 1978).

REF: Cognitive Domain: Comprehension Answer Location: Jury Nullification Difficulty Level: Medium Essay 1. Explain the pros and cons of the defense giving its opening statement after the prosecution has given its statement (rather than reserving the opening statement until the state has concluded its case). If you were in the role of defense attorney, which would you chose? Why? Ans: In many jurisdictions, the defense attorney has the option of reserving the opening statement until the state has concluded its case and the defense case is about to begin.

The advantage of this is that it allows the defense to size up the state‟s case, point out evidence that the state promised in its opening statement but failed to deliver, and generally respond more effectively to the evidence (or lack thereof) presented by the prosecution. On the other hand, deferring the opening statement means that the defense attorney does not get the opportunity early on in the trial to present his or her version of the case or to persuade the jury to view the evidence from the defense perspective.

REF: Cognitive Domain: Analysis Answer Location: Opening Statements Difficulty Level: Medium 2. Explain the requirements to ensure witness competence. If there are questions regarding the competence of a witness, who determines if the witness is competent?

Ans: The witness who is testifying must be competent to testify. This standard requires that the witness testify under oath and swear (or affirm) that the testimony the witness is about to give is “the truth, the whole truth, and nothing but the truth.” This, in turn, requires that the witness understand what it means to tell the truth. The witness also must have personal knowledge about the subject of his or her testimony (i.e., he or she saw, heard, felt, tasted, or smelled something relevant to the case) and must be able to recollect and describe what happened. Under this standard, a very young child might not be competent to testify; a child of age 3 or 4 might not understand the meaning of telling the truth and might not have the language skills to be able to accurately describe what he or she saw or heard. Similarly, a person with a mental illness or an eyewitness to a crime who was under the influence of alcohol or drugs at the time of the crime might be ruled incompetent to testify. If there are questions about the competence of a potential witness, the judge hearing the case must determine whether the witness is competent.

REF: Cognitive Domain: Analysis Answer Location: Rules of Evidence Difficulty Level: Medium

3. Explain the concept of jury nullification. Why do judges tend to dislike it?

Ans: Jury nullification, which has its roots in English common law, occurs when a juror believes that the evidence presented at trial establishes the defendant‟s guilt, but nonetheless the juror votes to acquit. The juror‟s decision may be motivated either by a belief that the law under which the defendant is being prosecuted is unfair or by an objection to the application of the law in a particular case. Judges tend to dislike jury nullification because it allows the jury to make arbitrary or discriminatory decisions, can be used to make a political statement, and gives jurors the power to vote based on their conscience rather than the law. Although it is unclear how often jury nullification occurs, some research has found that as penalties become more severe, jurors are less likely to convict and tend to apply higher standards of proof.

REF: Cognitive Domain: Analysis Answer Location: Jury Nullification Difficulty Level: Medium 4. Identify and describe the four different types of evidence discussed in the chapter.

Ans: The evidence introduced at trial may be either real evidence or testimonial evidence (Scheb & Scheb, 1999). Real evidence consists of fingerprints or DNA linking the suspect to the crime, stolen property, clothing worn by the victim, documents, photographs of the victim or the crime scene, guns or knives used in the crime, and other tangible items. Testimonial evidence is the sworn statements of witnesses, including the victim, eyewitnesses to the crime, and the police officers who investigated the crime. It also includes the testimony of experts who are called to testify about things such as the defendant‟s sanity; the scientific tests that were conducted on fingerprints, DNA, or a recovered weapon; or the cause of the victim‟s death. Evidence can be either direct or indirect. Direct evidence includes eyewitness testimony, the confession of the defendant, or testimony by the victim of the crime; it is evidence that, by itself, proves (or disproves) a fact that is at issue in the case. Indirect evidence, or circumstantial evidence, is evidence that requires the judge or jury to make inferences about what happened at the scene of the crime or judgments about the defendant‟s role in the crime.

REF: Cognitive Domain: Analysis Answer Location: Rules of Evidence Difficulty Level: Medium 5. Why have courts attempted to write jury instructions in more common terms?

Ans: One of the criticisms of jury instructions is that, because they are crafted by lawyers, they are full of legal jargon and therefore are difficult for laypeople to understand. This issue--the degree to which jurors are able to comprehend the instructions on the law given by the judge--has been the subject of a considerable amount of research. Most of this research concluded that jurors do not understand the judge‟s instructions (Steele & Thornburg, 1988). There has also been research designed to determine if juror comprehension is affected by the language used in the jury instruction. One study found higher comprehension rates for instructions that were written in clear, nontechnical language (Elwork, Alfini, & Sales, 1987). The results of this research prompted many jurisdictions to adopt patterned jury instructions--that is,

standard instructions that apply in most criminal cases. Typically, the judge consults the prosecutor and the defense attorney about the instructions that will be given and allows each side to suggest supplemental instructions. This is usually done during a charging conference. If the judge rejects one of the defense attorney‟s proffered instructions, the attorney will object to the judge‟s decision, which preserves the issue for appeal.

REF: Cognitive Domain: Analysis Answer Location: Instructing the Jury Difficulty Level: Medium

Chapter 12: Sentencing Test Bank Multiple Choice 1. Which primary classification of punishment places emphasis on the offender being held responsible for his actions?

A. due process model B. crime control model C. retributive model D. utilitarian model Ans: C REF: Cognitive Domain: Knowledge Answer Location: Why Punish?

Difficulty Level: Easy 2. Which primary classification of punishment places emphasis on deterrence of future offenses?

A. due process model B. crime control model C. retributive model D. utilitarian model Ans: D REF: Cognitive Domain: Knowledge Answer Location: Why Punish?

Difficulty Level: Easy 3. What may happen following a sentence of death?

A. The sentence may be overturned.

B. The sentence might be commuted.

C. The offender might die in prison.

D. All of these may happen.

Ans: D

REF: Cognitive Domain: Knowledge Answer Location: The Death Penalty Difficulty Level: Easy 4. A student‟s friend is arrested, convicted, and sentenced for shoplifting. Later, that student, although tempted, decides not to shoplift, remembering what happened to his friend. This is a classic example of ______.

A. general deterrence B. specific deterrence C. predictive restraint D. reactive restraint Ans: A REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 5. Which theory of incapacitation involves predicting that an individual offender, or offenders with certain characteristics, will commit additional crimes if not locked up?

A. selective incapacitation B. specific incapacitation C. general incapacitation D. collective incapacitation Ans: A REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 6. Which of the following justifications views punishment as a means to repair the harm and injury caused by the crime?

A. deterrence B. incapacitation C. rehabilitation D. restorative justice Ans: D REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 7. Making punishment equal to the harm caused by the offender is the primary consideration when considering how much to punish for which of the following approaches to punishment?

A. retribution B. deterrence C. incapacitation D. rehabilitation Ans: A

REF: Cognitive Domain: Knowledge Answer Location: Why Punish?

Difficulty Level: Easy 8. Which punishment justification states that dangerous, high-risk offenders should be punished more severely than nonviolent, low-risk offenders?

A. retribution B. deterrence C. incapacitation D. rehabilitation Ans: C REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 9. What punishment justification states that the punishment should be sufficient to outweigh the benefits of the crime?

A. retribution B. deterrence C. incapacitation D. rehabilitation Ans: B REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 10. Ensuring that the punishment reflects the offender‟s need for reform is the primary consideration when considering how much to punish for which of the following approaches to punishment?

A. retribution B. deterrence C. incapacitation D. rehabilitation Ans: D REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 11. A bifurcated trial is one that ______.

A. includes two separate stages, one for guilt and one for punishment B. allows for a nonunanimous jury verdict C. involves at least two codefendants D. is held to charge the defendant with two or more offenses Ans: A REF: Cognitive Domain: Knowledge Answer Location: The Death Penalty

Difficulty Level: Easy 12. The argument against the death penalty on the grounds that it is “cruel and unusual” stems from which Constitutional Amendment?

A. Fourth B. Sixth C. Seventh D. Eighth Ans: D REF: Cognitive Domain: Knowledge Answer Location: Constitutional Issues Difficulty Level: Easy 13. In most jurisdictions, sentences of less than 1 year are served where?

A. federal prison B. state prison C. local jail D. federal jail Ans: C REF: Cognitive Domain: Knowledge Answer Location: Incarceration Difficulty Level: Easy 14. Under which system of sentencing does the judge sentence the offender to the minimum and maximum sentence, as established by the legislature (i.e., 10 to 20 years in prison)?

A. intermediate sentencing B. determinate sentencing C. mandatory sentencing D. sentencing guidelines Ans: A REF: Cognitive Domain: Knowledge Answer Location: Incarceration Difficulty Level: Easy 15. Under which system of sentencing does the judge sentence the offender to a set term within a range established by the legislature?

A. intermediate sentencing B. determinate sentencing C. mandatory sentencing D. sentencing guidelines Ans: B REF: Cognitive Domain: Knowledge Answer Location: Incarceration Difficulty Level: Easy

16. Under which system of sentencing does the judge sentence the offender to a required minimum sentence, as required by the legislature for certain offenses?

A. intermediate sentencing B. determinate sentencing C. mandatory sentencing D. sentencing guidelines Ans: C REF: Cognitive Domain: Knowledge Answer Location: Incarceration Difficulty Level: Easy 17. Under which system of sentencing does the judge sentence the offender, taking into consideration binding or nonbinding sentencing recommendations created by sentencing commissions?

A. intermediate sentencing B. determinate sentencing C. mandatory sentencing D. sentencing guidelines Ans: D REF: Cognitive Domain: Knowledge Answer Location: Incarceration Difficulty Level: Easy 18. What sentence is the primary alternative to incarceration?

A. boot camp B. probation C. fines D. community service Ans: B REF: Cognitive Domain: Knowledge Answer Location: Probation Difficulty Level: Easy 19. What intermediate sanction is used the least often when sentencing adults in the United States?

A. boot camps B. house arrest C. community service D. monetary fines Ans: C REF: Cognitive Domain: Knowledge Answer Location: Intermediate Sanctions Difficulty Level: Easy 20. According to some research, defendants with which of the following characteristics are more likely to receive harshest sentences?

A. young adults B. Whites C. females D. high socioeconomic status Ans: A REF: Cognitive Domain: Knowledge Answer Location: Intermediate Sanctions Difficulty Level: Easy 21. Which of the following is a legally relevant factor when determining sentence severity?

A. crime seriousness B. the offender‟s sociodemographic characteristics C. the victim‟s sociodemographic characteristics D. the prosecutor who handled the case Ans: A REF: Cognitive Domain: Knowledge Answer Location: Modeling the Sentencing Process Difficulty Level: Easy 22. Which of the following appears to have no impact on the harshness of sentencing?

A. offender‟s educational level B. offender‟s employment status C. offender‟s prior criminal record D. All of these impact sentencing.

Ans: D REF: Cognitive Domain: Knowledge Answer Location: Offender Characteristics Difficulty Level: Easy 23. Which of the following has not been linked to the severity of a sentence?

A. disposition type (plea vs. trial) B. defendant‟s pretrial status (released vs. in custody) C. the racial makeup of the offender/victim pair D. All of these have been found to affect sentence severity Ans: D REF: Cognitive Domain: Knowledge Answer Location: Case Processing Factors Difficulty Level: Easy 24. Which of the following may limit the sentencing decisions of judges?

A. sentencing guidelines B. type of sentencing system C. relationships with members of the courtroom workgroup D. all of these Ans: D

REF: Cognitive Domain: Knowledge Answer Location: Modeling the Sentencing Process Difficulty Level: Easy True/False 1. The retributive model of punishment places emphasis on society‟s moral responsibility to punish the guilty.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Why Punish?

Difficulty Level: Easy 2. Rehabilitation focuses on making offenders fearful of future punishment, thus preventing future offenses.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 3. One of the retributive justifications for punishment is deterrence.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Easy 4. Deterrene theory holds that punishment must be swift, certain, and severe.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Why Punish?

Difficulty Level: Easy 5. Many studies have tested for the effects of offender characteristics such as marital status, responsibility for dependent children, or a history of drug or alcohol abuse on sentencing.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Offender Characteristics Difficulty Level: Easy 6. In the United States, 31 states and the federal government have statutes that authorize the death penalty.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Death Penalty Difficulty Level: Easy

7. Mandatory minimum sentences generally require the judge to sentence the offender to prison for a specified period of time.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Death Penalty Difficulty Level: Easy 8. If the offender violates the conditions of probation, the judge can modify the conditions or revoke the offender‟s probation and sentence that person to jail or prison.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Probation Difficulty Level: Easy 9. Correctional boot camps are used primarily on younger, repeatedly violent offenders.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Intermediate Sanctions Difficulty Level: Easy 10. Monetary fines are most frequently used in conjunction with some other punishment.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Intermediate Sanctions Difficulty Level: Easy 11. A straight probation sentence does not entail confinement in jail or prison.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Probation Difficulty Level: Easy 12. Judges tend to punish repeat offenders more severely than first-time offenders.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Incarceration Difficulty Level: Easy 13. Research on gender bias in sentencing suggests that judges do not take offenders‟ family circumstances into consideration when making pretrial release and sentencing decisions.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Offender Characteristics Difficulty Level: Easy

14. Teenage defendants tend to receive harsher sentences than young adults.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Offender Characteristics Difficulty Level: Easy 15. A sentence of death does not necessarily mean that the offender will be executed.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: The Death Penalty Difficulty Level: Easy Short Answer 1. Summarize specific and general deterrence.

Ans: Deterrence can be either specific or general. Specific deterrence occurs when someone who has been legally punished ceases offending because of a fear of future punishment. General deterrence occurs when potential offenders “learn of the consequences of criminal involvement [for actual offenders] and decide not to risk subjecting themselves to such punishment” (Durham, 1994, p. 134).

REF: Cognitive Domain: Comprehension Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Medium 2. Summarize collective and selective incapacitation.

Ans: Selective incapacitation focuses on the offender as well as the crime. Whereas collective incapacitation means incarcerating those whose crimes are deemed dangerous, selective incapacitation involves incarcerating primarily “those who, when free, commit the most crimes” (Wilson, 1992, p. 152). It involves predicting that an individual offender, or offenders with certain characteristics, will commit additional crimes if not locked up.

REF: Cognitive Domain: Comprehension Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Medium 3. Identify how a retributive theorist would describe a just punishment.

Ans: To the retributive theorist, then, a just punishment is a deserved punishment, which is a punishment proportionate to the harm caused by the offense. Although disagreements regarding the measurement of crime seriousness, the relationship between crimes and penalties, and the role played by prior criminal record complicate the process, they do not alter this basic principle.

REF: Cognitive Domain: Analysis Answer Location: How Much to Punish: The Retributive Approach Difficulty Level: Medium

4. Identify the states that do not have the death penalty and explain which offense(s) it is applied to now.

Ans: In the United States, 31 states and the federal government have statutes that authorize the death penalty. States without the death penalty are Alaska, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, New Jersey, New York, North Dakota, Rhode Island, Vermont, West Virginia, and Wisconsin; the death penalty is also outlawed in the District of Columbia. Once imposed for a variety of offenses, including armed robbery and rape, the death penalty today is imposed almost exclusively for first-degree murder.

REF: Cognitive Domain: Comprehension Answer Location: How Much to Punish: The Retributive Approach Difficulty Level: Medium 5. Explain the significance of Gregg v. Georgia (1976) as it relates to discretion by the jury.

Ans: In Gregg v. Georgia (1976), the Court held that Georgia‟s statute--which required the jury to consider and weigh 10 specified aggravating circumstances, allowed the jury to consider mitigating circumstances and provided for automatic appellate review-channeled the jury‟s discretion, and thereby reduced the likelihood that the jury would impose arbitrary or discriminatory sentences.

REF: Cognitive Domain: Comprehension Answer Location: Constitutional Issues Difficulty Level: Medium 6. Explain mandatory minimum terms of incarceration and the types of crimes that fall under these offenses.

Ans: For some offenses, a prison sentence is not simply an option; it is required. All jurisdictions in the United States now have laws that prescribe mandatory minimum terms of incarceration for selected crimes. Almost all states have mandatory sentences for repeat or habitual offenders and for crimes involving possession or use of a deadly weapon. Most states also require minimum prison sentences for certain types of drug offenses: trafficking, selling drugs to minors, or selling drugs within 1,000 feet of a school.

REF: Cognitive Domain: Comprehension Answer Location: Incarceration Difficulty Level: Medium 7. Explain the process judges must undergo in order to depart from the sentencing guidelines.

Ans: Although most jurisdictions allow judges to depart from the guidelines and impose a more or less severe sentence than the guidelines require, the circumstances under which departures are justified are narrowly defined, and judges must provide a written justification for the departure. In most jurisdictions, judges are allowed to depart if there are specified aggravating or mitigating circumstances.

REF: Cognitive Domain: Comprehension Answer Location: Incarceration

Difficulty Level: Medium 8. Explain the primary goal of probation and what does it entail.

Ans: The primary alternative to incarceration is probation. A straight probation sentence does not entail confinement in jail or prison. Rather, the judge releases the offender into the community and imposes a set of conditions that the offender agrees to abide by.

The conditions of probation typically include regular meetings with a probation officer and a requirement that the offender obey all laws; other conditions might include drug testing, substance abuse treatment, and enrollment in educational programs.

REF: Cognitive Domain: Comprehension Answer Location: Probation Difficulty Level: Medium 9. Identify the two circumstances judges are not supposed to impose probation.

Ans: Most state statutes allow the judge to impose probation unless he or she believes that (1) the offender is likely to commit additional crimes if released, (2) the offender is in need of treatment that can be provided more effectively in jail or prison, or (3) probation would be inappropriate given the seriousness of the offender‟s crime.

REF: Cognitive Domain: Analysis Answer Location: Probation Difficulty Level: Medium 10. Discuss and provide at least two examples of intermediate sanctions.

Ans: A variety of intermediate sanctions are available: boot camps, house arrest and electronic monitoring, day reporting centers, community service, restitution, and fines.

These alternative punishments are intended to fill the void between routine probation and protracted imprisonment.

REF: Cognitive Domain: Analysis Answer Location: Intermediate Sanctions Difficulty Level: Medium Essay 1. Explain the deterrence theory of punishment. Define the two types and give an example.

Ans: Deterrence is one of the utilitarian justifications for punishment that was developed in the 18th century by Jeremy Bentham and Cesare Beccaria. Deterrence theory suggests that crime results from a rational calculation of the costs and benefits of criminal activity and individuals commit crimes when the benefits outweigh the costs.

Deterrence theorists suggest that potential offenders will refrain from committing crime if they believe that the odds of getting caught and being severely punished are high and are not outweighed by any anticipated gain from the crime. Therefore, the deterrence theory emphasizes that punishment must reflect certainty, severity, and celerity. The two types of deterrence are general and specific. Specific deterrence occurs when someone who has been legally punished ceases offending because of a fear of future punishment. General deterrence occurs when potential offenders “learn of the

consequences of criminal involvement [for actual offenders] and decide not to risk subjecting themselves to such punishment” (Durham, 1994, p. 134). If, for example, a young woman is sentenced to 30 days in jail for drunk driving and, as a result of being punished, never again gets behind the wheel of a car after she has been drinking, we would say that specific deterrence has occurred. If those who learn of her sentence similarly resolve to refrain from drinking and driving, we would conclude that general deterrence has occurred.

REF: Cognitive Domain: Application Answer Location: Utilitarian Justifications for Punishment Difficulty Level: Hard 2. Explain the significance of the Furman v. Georgia Supreme Court decision. How did it influence how the death penalty is applied today?

Ans: The 5–4 decision of Furman v. Georgia is significant for a multitude of reasons.

First, the decision resulted in a moratorium on the death penalty and ruled that the death penalty, as it was being applied, was unconstitutional. This is significant because it was the beginning of a reform to the application of the death penalty in the United States. Second, it was an important decision for opponents of the death penalty and resulted in discussions about abolishing the death penalty completely. Third, it led to numerous other significant Supreme Court decisions including Woodson v. North Carolina, which stated that mandatory death penalty statutes were unconstitutional, and Gregg v. Georgia, which resulted in a system of application for death penalty that reduced the likelihood of arbitrary and discriminatory sentences and reinstated the use of the death penalty. Last, the Furman v. Georgia decision has reformed and improved the application of the death penalty in the United States by requiring states to implement a fair and nondiscriminatory process for death penalty cases.

REF: Cognitive Domain: Application Answer Location: Constitutional Issues Difficulty Level: Hard 3. Define the four types of sentencing systems in the United States. Which do you think is the most appropriate and why?

Ans: First, indeterminate sentencing occurs when the legislature specifies a minimum and maximum sentence for each offense or class of offenses. The judge imposes either a minimum and a maximum term of years or the maximum term only. The parole board decides when the offender will be released from prison. Second, determinate sentencing occurs when the legislature provides a presumptive range of confinement for each offense or class of offenses. The judge imposes a fixed term of years within this range. The offender serves this sentence, minus time off for good behavior. Third, mandatory sentencing occurs when the legislature requires a mandatory minimum prison sentence for habitual offenders and/or for offenders convicted of certain crimes.

Examples include use of a weapon during the commission of a crime, drug trafficking, and selling drugs to minors. Last, sentencing guidelines are established by a legislatively authorized sentencing commission, which establishes voluntary or presumptive sentencing guidelines. The guidelines typically are based on the seriousness of the offense and the offender‟s prior record. Judges in states with

presumptive guidelines are required to follow the guidelines or explain in writing why they did not.

REF: Cognitive Domain: Analysis Answer Location: Why Punish?

Difficulty Level: Medium 4. What factors do judges consider when sentencing offenders? Why is it difficult to determine how they make their decisions?

Ans: Studies of judges‟ sentencing decisions reveal that these decisions are based on the seriousness of the offense and the offender‟s prior criminal record, offender and victim characteristics, the type of disposition (plea vs. trial), the defendant‟s pretrial status (released or in custody prior to trial), and the type of attorney representing the defendant (private attorney vs. public defender). In sentencing offenders, judges seek to implement sentences that fit individual offenders and struggle to impose just punishments, judges consider the harm done by the crime, the blameworthiness and culpability of the offender, and the offender‟s potential for reform and rehabilitation. The ambiguity and uncertainty inherent in the sentencing process, coupled with the fact that judges exercise considerable discretion in deciding what the sentence will be, means that we cannot conclusively determine how a judge arrived at a particular sentence in a particular case. We know that judges‟ sentencing decisions rest to a considerable degree on their assessments of harm and blameworthiness and their predictions of dangerousness, but we don‟t know with certainty how these assessments and predictions are made.

REF: Cognitive Domain: Analysis Answer Location: Summary Difficulty Level: Medium 5. What is the goal of restorative justice? How does it differ from other utilitarian perspectives on punishment?

Ans: The goal of restorative justice “is to restore the victim and the community and to rebuild ruptured relationships in a process that allows all three parties to participate” (Kurki, 2000, p. 236). Unlike the other three utilitarian perspectives, all of which emphasize punishment for crime prevention and focus almost exclusively on the offender, restorative justice views punishment as a means to repair the harm and injury caused by the crime and focuses on the victim and the community as well as the offender (Bazemore, 1998; Braithwaite, 1998; Kurki, 2000).

REF: Cognitive Domain: Analysis Answer Location: Why Punish?

Difficulty Level: Medium

Chapter 13: The Appellate Process Test Bank

Multiple Choice 1. Which of the following would not be grounds for a criminal appeal?

A. Evidence was allowed that should not have been.

B. Evidence was not allowed that should have been.

C. The jury was tainted by media coverage.

D. The jury made an incorrect finding of the facts.

Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: Appealing to a Higher Court Difficulty Level: Easy 2. What type(s) of action might a postadjudication appeal address?

A. an involuntary guilty plea B. a violation of the privilege against self-incrimination C. denial of effective assistance of counsel D. all of these Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 3. What happens if an appellate court vacates an offenders‟ sentence?

A. The offender will receive a pardon.

B. The case will be sent back to the trial court for resentencing.

C. The offender will be retried.

D. The offender‟s conviction will be overturned.

Ans: B REF: REF: Cognitive Domain: Knowledge Answer Location: Appealing the Sentence Difficulty Level: Easy 4. When is a defendant file likely to file an appeal?

A. immediately following the initial appearance B. immediately following opening statements C. prior to the closing statements D. following adjudication Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: The Appellate Courts Difficulty Level: Easy 5. At which of the following points in the trial can a prosecutor appeal a decision made by the judge?

A. during the presentation of evidence B. immediately following the reading of the verdict

C. immediately following sentencing D. never Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 6. Why did some states create intermediate appellate courts?

A. increases in the number of appeals denied by state supreme courts B. increases in the number of cases appealed from trial courts C. decreases in the number of judges on state supreme courts D. a mandate by the U.S. Supreme Court Ans: B REF: REF: Cognitive Domain: Knowledge Answer Location: State Appellate Courts Difficulty Level: Easy 7. In 2014, most appeals from U.S. District Courts to U.S. Courts of Appeals involved what kind of cases?

A. sentencing appeals B. challenges to the imposition of capital punishment C. criminal matters D. civil matters Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: Federal Appellate Court Difficulty Level: Easy 8. Under which of the following circumstances is a defendant allowed to file an appeal fafter adjudication?

A. Defense claims ineffective assistance of counsel.

B. Defense claims forced self-incrimination.

C. Defense claims the confession given was coerced.

D. all of these Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 9. Which of the following is the term used by the appellate court when upholding a lower court‟s decision?

A. affirm B. approve C. retain D. stand with Ans: A

REF: REF: Cognitive Domain: Knowledge Answer Location: The Appellate Court‟s Options Difficulty Level: Easy 10. If an appellate court rules in favor of the defense and decides to overturn the conviction, what happens next?

A. The defendant is acquitted and set free.

B. The case is sent back to the trial court and the defendant may be retried.

C. The prosecution is held in contempt of court.

D. The case is sent to the state supreme court or the U.S. Supreme Court.

ANS: B REF: REF: Cognitive Domain: Knowledge Answer Location: The Appellate Court‟s Options Difficulty Level: Easy 11. An appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the ______.

A. harmless error rule B. hindsight standard C. “Monday morning quarterbacking” rule D. Eighth Amendment Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: The Harmless Error Rule Difficulty Level: Easy 12. What is issued if the U.S. Supreme Court decides to hear a case?

A. a subpoena B. a warrant C. an appeal D. a writ of certiorari Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: Federal Appellate Courts Difficulty Level: Easy 13. Of the states that impose capital punishment, how many provide automatic appeal of that sentence?

A. all B. almost all C. about half D. none Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: Appealing the Sentence Difficulty Level: Easy

14. Assuming the sentence falls within statutory limits, how many states allow for appellate review of noncapital sentences?

A. almost all B. about half C. ten D. none Ans: B REF: REF: Cognitive Domain: Knowledge Answer Location: Appealing the Sentence Difficulty Level: Easy 15. Most states refer to their court of last resort as the ______.

A. supreme court B. court of appeals C. court of criminal/civil appeals D. intermediate court of appeals Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: The Appellate Courts Difficulty Level: Easy 16. What precludes prosecutors from appealing a not guilty verdict?

A. the fair prosecution clause B. the judicial clause C. the double jeopardy clause D. the appellate clause Ans: C REF: REF: Cognitive Domain: Knowledge Answer Location: The “Right” to Appeal Difficulty Level: Easy 17. Who is allowed to appeal their case to the first level of the federal appellate courts?

A. defendants convicted of felonies B. defendants convicted of homicide C. defendants convicted of crimes in the U.S. District Courts D. defendants convicted of constitutional offenses Ans: C REF: REF: Cognitive Domain: Knowledge Answer Location: Federal Appellate Courts Difficulty Level: Easy 18. A defendant‟s right to appeal is limited by which of the following?

A. time period for filing the appeal B. substance of the appeal C. number of appeals

D. all of these Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: The “Right” to Appeal Difficulty Level: Easy 19. How many U.S. Supreme Court justices must vote to hear a case for it to be heard?

A. four B. five C. six D. seven Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: How Do Appellate Courts Decide?

Difficulty Level: Easy 20. Indigent defendants are afforded the right to counsel for how many appeals?

A. one B. three C. five D. unlimited Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: Protections Afforded to Appellants Difficulty Level: Easy 21. As it applies to American law, habeas corpus is found in ______.

A. Article I of the Constitution B. the Sixth Amendment C. the Eighth Amendment D. the Fourteenth Amendment Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: The Writ of Habeas Corpus Difficulty Level: Easy 22. If a prisoner successfully appeals for habeas review, what happens next?

A. A trial is held to determine a new sentence.

B. The constitutionality of the confinement is reviewed by the court.

C. The case is sent to a lower court for retrial.

D. The prisoner is essentially set free.

Ans: B REF: REF: Cognitive Domain: Knowledge Answer Location: Postconviction Review Through Habeas Corpus Difficulty Level: Easy

23. Under which court were habeas corpus rights expanded?

A. the Marshall Court B. the Warren Court C. the Burger Court D. the Rehnquist Court Ans: B REF: REF: Cognitive Domain: Knowledge Answer Location: Expanding and Restricting Habeas Corpus Difficulty Level: Easy 24. The most recent trend in U.S. Supreme Court decisions regarding habeas corpus has been to ______.

A. restrict it B. expand it C. reform it D. ignore it Ans: A REF: REF: Cognitive Domain: Knowledge Answer Location: Expanding and Restricting Habeas Corpus Difficulty Level: Easy 25. What information does an appellate court judge use to make a decision?

A. witness testimony B. evidence presented at trial C. jury deliberations D. oral arguments by attorneys Ans: D REF: REF: Cognitive Domain: Knowledge Answer Location: How Do Appellate Courts Decide?

Difficulty Level: Easy True/False 1. Every criminal defendant has the right to appeal his or her case to the U.S. Supreme Court.

Ans: F REF: REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. In many states, defendants who plead guilty forfeit their right to appeal the conviction.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: Appealing to a Higher Court Difficulty Level: Easy

3. The defendants‟ right to file an interlocutory appeal is very limited.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 4. After adjudication, a defendant can appeal on the grounds that evidence used at the trial was discovered as a result of an unlawful arrest.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 5. In contrast to appeals filed prior to adjudication, appeals filed after adjudication are subject to fewer restrictions.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 6. When a person convicted of a crime appeals a conviction, he or she asks a higher court to examine the trial court‟s decisions to determine whether the proper procedures were followed.

ANS: T REF: REF: Cognitive Domain: Knowledge Answer Location: Appealing to a Higher Court Difficulty Level: Easy 7. Interlocutory appeals are filed after the announcement of the final judgment in the case.

Ans: F REF: REF: Cognitive Domain: Knowledge Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Easy 8. As a general rule, most courts of last resort have discretion to accept or not accept cases appealed to them.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: State Appellate Courts Difficulty Level: Easy 9. Each state court of last resort is required to have nine justices.

Ans: F REF: REF: Cognitive Domain: Knowledge Answer Location: State Appellate Courts

Difficulty Level: Easy 10. With the exception of the Ninth Circuit, each of the 13 Circuit Courts of Appeals is staffed by nine justices.

Ans: F REF: REF: Cognitive Domain: Knowledge Answer Location: Federal Appellate Courts Difficulty Level: Easy 11. The scope of appellate review is confined to questions of law, not findings of fact.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: Summary Difficulty Level: Easy 12. Only incarcerated offenders have the right to file a petition for a writ of habeas corpus.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: The Writ of Habeas Corpus Difficulty Level: Easy 13. States must provide attorneys to assist indigent defendants wishing to file a habeas corpus appeal.

Ans: F REF: REF: Cognitive Domain: Knowledge Answer Location: The Writ of Habeas Corpus Difficulty Level: Easy 14. An offender convicted of a crime in a state or federal court files an appeal with an appellate court in the system (state or federal) where the case was tried.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: The Appellate Courts Difficulty Level: Easy 15. Justices who disagree with the decision of an appellate court are allowed to write “dissenting” opinions.

Ans: T REF: REF: Cognitive Domain: Knowledge Answer Location: How Do Appellate Courts Decide Difficulty Level: Easy Short Answer 1. Describe what happens when a person convicted of a crime appeals a conviction.

Ans: When a person convicted of a crime appeals a conviction, he or she asks a higher court to examine the trial court‟s decisions to determine whether the proper procedures were followed. In other words, the offender argues that the trial court made a legal error (or several legal errors) that prevented the offender from receiving a fair trial.

REF: REF: Cognitive Domain: Comprehension Answer Location: Appealing to a Higher Court Difficulty Level: Medium 2. Explain common types of convictions among those who challenge a conviction.

Ans: Most offenders who challenge their convictions were convicted at either a bench or a jury trial; in fact, in many jurisdictions, defendants who plead guilty explicitly waive the right to appeal the conviction.

REF: REF: Cognitive Domain: Comprehension Answer Location: Appealing to a Higher Court Difficulty Level: Medium 3. Explain the significance of Cohen v. Beneficial Industry Loan Corp (1949).

Ans: In Cohen v. Beneficial Industrial Loan Corp (1949), the Supreme Court held that only a few interlocutory appeals are likely to succeed--namely, those that involve “a small class [of preadjudication decisions] which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated” (p. 546). Two cases illustrate this ruling.

REF: REF: Cognitive Domain: Comprehension Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Medium 4. What are two issues a postadjudicatory appeal may address?

A. Two of the following: an involuntary guilty plea, use of a coerced confession, use of evidence obtained as a result of an unconstitutional search or seizure, use of evidence obtained as a result of an unlawful arrest, violation of the privilege against selfincrimination, failure of the prosecution to disclose to the defendant evidence favorable to him or her, violation of the Fifth Amendment‟s double jeopardy clause, conviction based on a jury that was unconstitutionally selected and impaneled, denial of effective assistance of counsel, or denial of rights to speedy trial and appeal.

REF: REF: Cognitive Domain: Comprehension Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Medium 5. Describe interlocutory appeals.

Ans: Appeals filed prior to announcement of the final judgment in the case are known as interlocutory appeals. The prosecutor can also appeal some decisions made by the judge during the pretrial process or the trial.

REF: REF: Cognitive Domain: Comprehension Answer Location: Pre- and Postadjudication Appeals

Difficulty Level: Medium 6. Explain the design of the harmless error rule and the ruling on this topic by the U.S. Supreme Court.

Ans: Harmless error rule is designed to prevent an unnecessary new trial in a situation where correcting the error would not result in a different outcome. According to the U.S. Supreme Court, harmless error rules “serve a very useful purpose insofar as they block setting aside convictions for small errors or defects that have little, if any, likelihood of having changed the result of the trial” (Chapman v. California, 1967).

REF: REF: Cognitive Domain: Analysis Answer Location: The Harmless Error Rule Difficulty Level: Medium 7. Discuss how due process of law is often defined.

Ans: The U.S. Constitution requires that a criminal defendant receive due process of law. This term is obviously vague, but it has consistently been interpreted by courts and legislatures to mean that a criminal defendant must have a fair trial.

REF: REF: Cognitive Domain: Comprehension Answer Location: The “Right” to Appeal Difficulty Level: Medium 8. Explain the double jeopardy clause.

Ans: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy clause prevents the state or federal government from prosecuting an individual for the same crime more than once.

REF: REF: Cognitive Domain: Comprehension Answer Location: The “Right” to Appeal Difficulty Level: Medium 9. Describe who can seek a writ of habeas corpus.

Ans: Whereas anyone convicted of a crime has the right to file a direct appeal, only offenders who are incarcerated can seek a writ of habeas corpus, which is a type of postconviction review. If the prisoner chooses to do so, he or she petitions a state or federal court, most often a federal district court, and asks it to issue a writ of habeas corpus.

REF: REF: Cognitive Domain: Comprehension Answer Location: Postconviction Review Through Habeas Corpus Difficulty Level: Medium 10. Discuss the group decision-making process of appellate court judges.

Ans: Unlike trial court judges, who typically preside alone over their courts and issue unilateral rulings, appellate court judges participate in a group decision-making process.

Depending on the level of the court and the importance of the issues involved in the case, there may be three, five, seven, nine, or more judges who cast votes in the case.

REF: REF: Cognitive Domain: Comprehension

Answer Location: How Do Appellate Courts Decide?

Difficulty Level: Medium Essay 1. Explain why it is that the prosecution is allowed to appeal a judicial decision before a verdict is read? What would happen if prosecutors were only allowed to appeal when the defense is allowed to appeal?

Ans: Although the general rule is that the parties to the case must wait until the case has been decided before appealing decisions made by the judge during pretrial proceedings or during the trial, there are some situations in which interlocutory appeals can be filed in criminal cases. For example, the Utah Rules of Appellate Procedure (Rule 5(e)) state that an interlocutory appeal will be allowed if the decision being contested (1) involves substantial rights, (2) may materially affect the final decision in the case, (3) if a determination of the correctness of the order before final judgment may materially affect the final decision, or (4) if a determination of the correctness of the order will better serve the administration and interests of justice. Under this rule, then, the prosecutor might be allowed to appeal a judge‟s ruling that the defendant‟s confession or a critical piece of incriminating physical evidence is inadmissible. This would be allowed if the prosecutor could show that the judge‟s ruling was wrong and that without the evidence, the state is unable to proceed with the case against the defendant. The rationale for allowing appeals in such situations is that the prosecution would otherwise have to go to trial without substantial evidence and if the defendant is acquitted, the prosecution will not be able to retry the defendant because of double jeopardy, so that justice will not be done if the trial court erred in suppressing the evidence.

REF: REF: Cognitive Domain: Application Answer Location: Pre- and Postadjudication Appeals Difficulty Level: Hard 2. A defendant appeals his conviction on the grounds that evidence used at trial should not have been admitted. The appellate court agrees with the defendant; however, they hold that the defendant‟s conviction will not be overturned. How is this possible? Give and explain an example.

Ans: When an appeal is heard, the appellate court will either affirm or reverse the lower court‟s decision to convict the defendant. An appellate court decision to overturn the defendant‟s conviction means not that the defendant is acquitted and, if confined, set free but that the defendant is entitled to a new trial. The appellate court sends the case back to the trial court (i.e., “remands” the case) for further proceedings consistent with its opinion. Essentially, the appellate court orders the lower court to “do it again the right way.” The lower court then has the option of retrying the defendant or dismissing the charges. Consider a situation in which an offender convicted of drug trafficking appeals his conviction to the state‟s intermediate appellate court, arguing that evidence used to convict him was obtained illegally and that the judge therefore should have excluded it.

The appellate court could rule that the trial judge erred when he refused to suppress the evidence and that the offender‟s conviction should therefore be overturned. The case

will then be sent back to the trial court. If the prosecutor wants to retry the case, she must do so without the evidence that the appellate court has ruled inadmissible. If the case cannot be tried without the evidence that was illegally seized by the police, the prosecutor may have little choice but to dismiss the charges.

REF: REF: Cognitive Domain: Application Answer Location: The Appellate Court‟s Options Difficulty Level: Hard 3. Explain why it was that the Founding Fathers felt the right to habeas corpus was so important and how it applies today.

Ans: The importance of the writ of habeas corpus is revealed in the fact that the Founding Fathers included it in the Constitution itself. Article I, Section 9 states that “the Privilege of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public safety can require it.” Reflecting its origins in English common law, the writ initially was viewed solely as a means of protecting citizens from unlawful detention by the state. This changed after the Civil War. As Pursley (1995) explained, Congress was concerned that the southern states would retaliate against the northern states by locking up the reconstructionists who were attempting to restore order in the South. These concerns prompted the passage of an 1867 law that authorized federal courts to issue writs of habeas corpus on behalf of any person being held in custody in violation of the Constitution. With this law, “the machinery was set in place for the writ to evolve into what it has primarily become today: A postconviction remedy to challenge trial judgment” (Pursely, 1995, p. 117).

REF: REF: Cognitive Domain: Comprehension Answer Location: The Origins of Habeas Corpus Difficulty Level: Medium 4. How does habeas corpus work? How does the habeas process differ from the appellate process?

Ans: Whereas anyone convicted of a crime has the right to file a direct appeal, only offenders who are incarcerated can seek a writ of habeas corpus, which is a type of postconviction review. If the prisoner chooses to do so, he or she petitions a state or federal court, most often a federal district court, and asks it to issue a writ of habeas corpus. If the court decides to issue the writ, the prisoner (called the petitioner) is brought before the court so that the constitutionality of his or her confinement can be reviewed. Importantly, the Constitution only provides the right to petition for habeas review, not the right to a hearing. The court has discretion to decide if it wants to grant a hearing. There are other differences between the appellate process and the habeas corpus process. First, because habeas corpus petitions are collateral, rather than direct, attacks on trial court judgments, offenders must exhaust all direct appeals before challenging the judgment of the trial court via habeas corpus. Second, habeas corpus petitions filed in federal courts must raise constitutional questions, such as ineffective assistance of counsel (a common ground for filing habeas corpus petitions), racial discrimination in the selection of the jury, or suppression of exculpatory evidence by the prosecutor. A third difference is that, unlike direct appeals, petitions for writs of habeas corpus can raise issues that were not brought up and objected to during the trial; they

can be used to challenge the fact, length, or conditions of confinement. Finally, because habeas corpus petitions are discretionary appeals, the Supreme Court has ruled that indigent offenders filing petitions do not have to be provided with attorneys to assist them (Ross v. Moffitt, 1974). The Court also ruled, however, that states cannot prohibit prisoners from helping each other prepare and submit habeas corpus petitions (Johnson v. Avery, 1969).

REF: REF: Cognitive Domain: Analysis Answer Location: The Writ of Habeas Corpus Difficulty Level: Medium 5. Recent decisions by the Supreme Court have restricted the ability of state prisoners to use habeas corpus to secure federal court review of their convictions and sentences.

How have these decisions restricted that right?

Ans: In a series of decisions that commenced in 1976, the Supreme Court restricted the ability of state prisoners to use habeas corpus to secure federal court review of their convictions and sentences in the following ways. (1) An offender who claimed that illegally seized evidence was admitted at trial and whose appeals on this issue were heard and decided by state courts could no longer use the habeas corpus process to challenge his or her conviction. (2) An offender cannot use the writ of habeas corpus to obtain review in federal court based on rules of criminal procedure that did not exist at the time that the offender‟s case was decided on direct appeal. (3) A prisoner who files a habeas corpus petition that involves new claims must be able to provide a legitimate reason to explain the failure to raise the claim in the earlier petition and must demonstrate that the errors cited had a prejudicial effect on the outcome of the case. A death row inmate was barred from filing a habeas appeal in federal court because his lawyers had filed notice that they would appeal a state habeas decision 3 days after the deadline. A death row inmate‟s claim of “actual innocence” did not entitle him to federal habeas relief unless there was an accompanying federal constitutional violation. In these more recent decisions, the Supreme Court has argued in favor of the finality of state court decisions and against allowing the federal courts to overturn those decisions if there are not compelling reasons to do so.

REF: REF: Cognitive Domain: Analysis Answer Location: Expanding and Restricting Habeas Corpus Difficulty Level: Medium

Chapter 14: Specialized Courts Test Bank Multiple Choice 1. Which of the following is not a significant aspect of problem-solving courts?

A. a focus on addressing offenders‟ underlying problems

B. judicial supervision of offenders C. a focus on punishing offenders D. sanctions for noncompliance Ans: C REF: Cognitive Domain: Knowledge Answer Location: Introduction Difficulty Level: Easy 2. In which decade did the number of problem-solving courts begin to increase?

A. 1930s B. 1950s C. 1970s D. 1990s Ans: D REF: Cognitive Domain: Knowledge Answer Location: Problem-Solving Courts Difficulty Level: Easy 3. Traditional courts focus on case processing. What do problem-solving courts focus on?

A. case management, including the number of cases handled per day B. case outcomes, including graduation and recidivism rates C. the number of convictions and acquittals per year D. average time from arrest to case disposition Ans: B REF: Cognitive Domain: Comprehension Answer Location: Distinguishing Features of Problem-Solving Courts Difficulty Level: Medium

4. Which of the following pieces of legislation provided a major boost, both in publicity and financially, to problem-solving courts nationwide?

A. the Anti-Drug Abuse Act of 1988 B. the Crime Control Act of 1990 C. the Violent Crime Control and Law Enforcement Act of 1994 D. the Juvenile Crime Control Act of 1997 Ans: C REF: Cognitive Domain: Knowledge Answer Location: Origins of Problem-Solving Courts Difficulty Level: Easy 5. Which of the following is not one of the six principles for problem-solving courts identified by the Center for Court Innovation?

A. community engagement B. judicial leadership C. need for enhanced information (specialized knowledge)

D. individualized justice Ans: B REF: Cognitive Domain: Knowledge Answer Location: Distinguishing Features of Problem-Solving Courts Difficulty Level: Easy 6. Which of the following is not one of the six principles for problem-solving courts identified by the Center for Court Innovation?

A. parental involvement B. focus on case outcomes C. emphasis on accountability D. collaboration between professionals Ans: A REF: Cognitive Domain: Knowledge Answer Location: Distinguishing Features of Problem-Solving Courts Difficulty Level: Easy 7. Restorative justice focuses on which of the following pair of concepts?

A. victim and harm B. harm and repair C. offender and punishment D. offender and restitution Ans: B REF: Cognitive Domain: Knowledge Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Easy 8. Which of the following is not an example of restorative justice in practice?

A. victim–offender mediation B. sentencing circles C. family conferencing D. judicial supervision of probation Ans: D REF: Cognitive Domain: Knowledge Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Easy 9. Research has shown that restorative justice works best in which kind of communities?

A. tight-knit rural communities B. upper income suburban communities C. poor, inner-city communities D. small, exclusive upper-class communities Ans: A REF: Cognitive Domain: Knowledge Answer Location: Restorative Justice and Problem-Solving Courts

Difficulty Level: Easy 10. Which of the following principles is embraced by many problem-solving courts?

A. restorative justice B. deterrence C. incapacitation D. crime prevention Ans: A REF: Cognitive Domain: Knowledge Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Easy 11. Which of the following did not lead to the increase in the popularity of drug courts?

A. the increasing number of drug offenders B. mounting evidence linking drugs and crime C. evidence regarding the efficacy of drug treatment programs D. the appearance of a link between drug use and child abuse Ans: D REF: Cognitive Domain: Knowledge Answer Location: Do Drug Courts Work?

Difficulty Level: Easy 12. Which of the following is not a typical component of drug treatment courts?

A. mandatory drug treatment B. mandatory community service C. comprehensive rehabilitation programs D. judicial supervision of offenders Ans: B REF: Cognitive Domain: Knowledge Answer Location: Drug Treatment Courts Difficulty Level: Easy 13. Which of the following is true of drug treatment courts?

A. They are less formal than traditional courts.

B. They are nonadversarial.

C. They generally exclude violent offenders.

D. All of these are true of drug treatment courts.

Ans: D REF: Cognitive Domain: Comprehension Answer Location: Key Elements of Drug Courts Difficulty Level: Medium 14. Which problem-solving court focuses on enhancing victim safety?

A. domestic violence courts B. drug treatment courts C. reentry courts

D. mental health courts Ans: A REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts Difficulty Level: Easy 15. Which of the following is the most popular type of problem-solving court in the United States?

A. drug courts B. domestic violence courts C. mental health courts D. community courts Ans: A REF: Cognitive Domain: Knowledge Answer Location: Do Drug Courts Work?

Difficulty Level: Easy 16. Which of the following did not lead to an increase in the number of domestic violence courts?

A. policy changes leading to higher arrest rates for domestic violence B. proliferation of feminism in the 1990s C. changes in attitudes toward domestic violence D. increasing dissatisfaction with the response of the criminal justice system to domestic violence Ans: B REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts Difficulty Level: Easy 17. Which of the following pieces of legislation provided a major boost, both in publicity and financially, to domestic violence courts?

A. the Protection Against Domestic Violence Act of 1990 B. the International Violence Against Women Act of 1992 C. the Violence Against Women Act of 1994 D. the Federal Violence Control Act of 1999 Ans: C REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts Difficulty Level: Easy 18. Domestic violence courts focus almost entirely on ______.

A. rehabilitation of offenders B. mediation between offenders and victims C. restitution for victims D. the safety of the victims Ans: D

REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts: Victim Safety and Offender Accountability Difficulty Level: Easy 19. As domestic violence courts grew in popularity, the number of arrests for domestic violence ______.

A. increased B. decreased slightly C. decreased greatly D. remained the same Ans: A REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts Difficulty Level: Easy 20. Community courts are typically located ______.

A. in business districts B. in neighbors rather than the downtown core C. inside local courthouses D. adjacent to local police stations Ans: B REF: Cognitive Domain: Knowledge Answer Location: Other Problem-Solving Courts Difficulty Level: Easy 21. Which of the following is not a standard sentence for those convicted in homeless courts?

A. life-skills education B. short prison sentences C. substance abuse treatment D. job skills training Ans: B REF: Cognitive Domain: Knowledge Answer Location: Other Problem-Solving Courts Difficulty Level: Easy 22. Which specialized court focuses not on adjudication of new offenses but on helping offenders integrate back into the community upon release?

A. drug courts B. community courts C. reentry courts D. juvenile courts Ans: C REF: Cognitive Domain: Knowledge Answer Location: Other Problem-Solving Courts Difficulty Level: Easy

23. What is the primary goal of juvenile courts?

A. reducing overall crime rates B. keeping juvenile delinquents off drugs C. transforming juvenile delinquents into productive citizens D. processing severe juvenile offenders as adults Ans: C REF: Cognitive Domain: Knowledge Answer Location: Juvenile Courts Difficulty Level: Easy 24. What criteria is considered by the courts when making a decision to waive a case from juvenile to adult court?

A. the seriousness of the alleged offense B. the previous criminal history of the juvenile C. whether the alleged offense was a violent offense D. all of these criteria are considered Ans: D REF: Cognitive Domain: Knowledge Answer Location: Transfer of Juveniles to Criminal Court Difficulty Level: Easy True/False 1. Problem-solving courts are designed to address the underlying problems of offenders.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Problem-Solving Courts Difficulty Level: Easy 2. The movement to establish problem-solving courts was affected by passage of the Violent Crime Control and Law Enforcement Act of 1994.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Origins of Problem-Solving Courts Difficulty Level: Easy 3. Even though the process of restorative justice is different from more traditional punishment, the outcomes are often quite similar.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Easy

4. Restorative justice has been found to be effective and surprisingly easy to implement and use.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Easy 5. Unlike other problem-solving courts, drug courts tend to take a more adversarial approach.

Ans: F REF: Cognitive Domain: Comprehension Answer Location: Key Elements of Drug Courts Difficulty Level: Medium 6. Drug courts are explicitly nonadversarial.

Ans: T REF: Cognitive Domain: Comprehension Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Medium 7. Mounting evidence suggests that drug courts reduce offender recidivism and prevent drug relapse.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Do Drug Courts Work?

Difficulty Level: Easy 8. There is relatively little research evaluating domestic violence courts.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Do Domestic Violence Courts Work?

Difficulty Level: Easy 9. Domestic violence courts became so popular that they spread to other nations, including Canada, the United Kingdom, Saudi Arabia, and Australia.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts Difficulty Level: Easy 10. The focus of domestic violence courts differs significantly from that of other problemsolving courts.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Domestic Violence Courts Difficulty Level: Easy

11. Domestic violence victims whose cases were handled through specialized courts are generally dissatisfied with their experiences.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Do Domestic Violence Courts Work?

Difficulty Level: Easy 12. Community courts tend to deal mainly with relatively minor criminal offenses.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Origins of Problem-Solving Courts Difficulty Level: Easy 13. A common sentence of those convicted in homeless courts is a short prison sentence.

Ans: F REF: Cognitive Domain: Knowledge Answer Location: Origins of Problem-Solving Courts Difficulty Level: Easy 14. Every state allows juveniles to be tried as adults under certain circumstances.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Juvenile Courts Difficulty Level: Easy 15. Juvenile court proceedings are not open to the public.

Ans: T REF: Cognitive Domain: Knowledge Answer Location: Juvenile Courts Difficulty Level: Easy Short Answer 1. Explain what led states to experiment with specialized courts beyond drug courts.

Ans: As evidence mounted that drug treatment courts were both more cost-effective and more successful in reducing drug use and drug-related crime, states began to experiment with other specialized courts: domestic violence courts, mental health courts, veterans‟ courts, reentry courts, community courts, and homeless courts.

REF: Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Medium 2. Define and discuss specialized courts.

Ans: Specialized courts are limited-jurisdiction courts that focus on certain crime problems such as drugs, domestic violence, and offenders with mental health problems.

These courts are similar to traffic courts in that they address a specific problem, but, as we explain below, several factors set them apart. Specialized courts go by a number of names.

REF: Cognitive Domain: Comprehension Answer Location: Problem-Solving Courts Difficulty Level: Medium 3. Compare and contrast utilitarian perspectives of punishment to restorative justice perspectives.

Ans: Unlike other utilitarian perspectives on punishment (e.g., deterrence, incapacitation, and rehabilitation), which emphasize punishment for crime prevention and focus almost exclusively on the offender, restorative justice views punishment as a means to repair the harm and injury caused by the crime, focusing on the victim and the community as well as the offender (Braithwaite, 1989, 1999; Kurki, 1999).

REF: Cognitive Domain: Analysis Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Medium 4. Describe the two key concepts of restorative justice.

Ans: Restorative justice is concerned with two key concepts: harm and repair. First, it is clear that crime causes several types of harm (Karp, 2001, p. 729). Repair is critical.

That is, restorative justice emphasizes the importance of repairing the harm that crime causes and thereby restoring a sense of community.

REF: Cognitive Domain: Comprehension Answer Location: Restorative Justice and Problem-Solving Courts Difficulty Level: Medium 5. Describe eligibility criteria for offenders who can be processed in drug courts.

Ans: Although the eligibility criteria vary, most programs exclude offenders who have prior convictions for violent offenses or whose current offense involved violence or use of a weapon. They target offenders whose involvement with the criminal justice system is due primarily to their substance abuse.

REF: Cognitive Domain: Comprehension Answer Location: Key Elements of Drug Courts Difficulty Level: Medium 6. Identify the three primary performance measures for drug courts identified by the National Drug Court Institute‟s Research Advisory Committee.

Ans: The National Drug Court Institute‟s National Research Advisory Committee has suggested that drug courts be evaluated based on three primary performance measures: (1) Retention in the drug court treatment program--those who complete the program or are still enrolled in the program divided by those who entered the program during a particular time period; (2) sobriety-negative drug tests as a percentage of all tests given to drug court participants; and (3) recidivism rate of new arrests for drug

court participants, both during program participation and after program completion.

REF: Cognitive Domain: Comprehension Answer Location: Do Drug Courts Work?

Difficulty Level: Medium 7. Identify one of the criticisms against the criminal justice response of domestic violence crimes.

Ans: There was growing dissatisfaction with the response of the criminal justice system to crimes of domestic violence (Jordan, 2004). Critics charged that criminal justice officials did not take domestic violence cases seriously and that, as a result, “in all too many instances, either perpetrators were never brought to court or their cases were quickly dismissed” (Mazur & Aldrich, 2003, p. 5).

REF: Cognitive Domain: Comprehension Answer Location: Domestic Violence Courts Difficulty Level: Medium 8. Compare and contrast other specialized courts and domestic violence courts.

Ans: Unlike most other specialized courts, which focus almost exclusively on the rehabilitation of offenders, domestic violence courts also emphasize ensuring the safety of the victim. That is, these courts attempt to tailor interventions to the needs of victims (and their children), while at the same time monitoring offenders and holding them accountable for their behavior.

REF: Cognitive Domain: Analysis Answer Location: Domestic Violence Courts: Victim Safety and Offender Accountability Difficulty Level: Medium 9. Explain the general feelings of domestic violence victims toward domestic violence courts.

Ans: There is evidence that domestic violence victims have positive attitudes toward domestic violence courts and toward their own experiences in these courts. One study found that victims of domestic violence supported the idea of a specialized domestic violence court and reported that the existence of such a court would make them more likely to report future violence (Smith, 2001). Another evaluation revealed that victims whose cases were prosecuted by domestic violence courts were at least “somewhat” satisfied with the outcome and handling of their cases (Hotaling & Buzawa, 2003).

REF: Cognitive Domain: Comprehension Answer Location: Domestic Violence Courts: Victim Safety and Offender Accountability Difficulty Level: Medium 10. Explain one difference between veterans courts and other problem-solving courts.

Ans: One difference between veterans courts and other problem-solving courts is that the typical veterans court assigns each participant a mentor who is also a veteran of the same service. Similar to participants in other problem-solving courts, veterans court participants are required to complete relevant treatment programs; their progress is monitored by a dedicated veterans court judge and by other criminal justice and social service professionals.

REF: Cognitive Domain: Comprehension Answer Location: Other Problem-Solving Courts Difficulty Level: Medium Essay 1. What is a juvenile waiver? What are the criteria used in making a waiver decision?

Ans: A juvenile waiver is a transfer of a juvenile accused of a crime from juvenile court to criminal court. The criteria considered by the court in deciding whether or not to transfer a juvenile to adult court include: the seriousness of the alleged offense and whether protection of the community requires waiver; whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner; whether the alleged offense was against persons or against property; whether there is evidence upon which a grand jury may be expected to return an indictment; the desirability of trial and disposition of the entire offense in one court when the juvenile‟s associates are adults who will be charged with a crime in criminal court; the sophistication and maturity of the juvenile as determined by consideration of his or her home, environmental situation, emotional attitude, and pattern of living; the record and previous history of the juvenile; and the prospects for adequate protection of the public and the likelihood of reasonable rehabilitation of the juvenile by the use of procedures, services, and facilities currently available to the juvenile court.

REF: Cognitive Domain: Comprehension Answer Location: Transfer of Juveniles to Criminal Court Difficulty Level: Medium 2. What are problem-solving courts? What led to their creation? How are they different from traditional courts?

Ans: Problem-solving courts are limited-jurisdiction courts that focus on certain crime problems such as drugs, domestic violence, and offenders with mental health problems.

Problem-solving courts originated with the changes in policing sparked by problemoriented policing. Other developments that encouraged the development of problemsolving courts included: breakdowns among families and churches, large increases in the nation‟s prison population and the resulting prison overcrowding, trends emphasizing the accountability of public institutions, advances in the availability and reliability of therapeutic interventions, and a shift in public policies and priorities. Six “principles of problem-solving justice make these court different from traditional courts.”

These principles include enhanced information, community engagement, collaboration, individualized justice, accountability, and outcomes.

REF: Cognitive Domain: Analysis Answer Location: Origins of Problem-Solving Courts Difficulty Level: Medium 3. Explain the primary differences between juvenile and adult courts and the reasons for these differences.

Ans: There are important differences between the adult court system and the juvenile court system. These differences reflect the doctrines of parens patriae and in loco

parentis; together, these doctrines ensure that the juvenile court, like other problemsolving courts, will emphasize rehabilitation, rather than punishment, of the youth.

Similar to drug treatment courts, the focus of the juvenile court is on solving the underlying problems responsible for the youth‟s criminal behavior.

Perhaps the most important difference between the two types of court systems is that juvenile court hearings are considered quasi-civil, rather than criminal, proceedings.

Whereas adults found guilty are convicted of a crime, juveniles are adjudicated delinquent. Juvenile court proceedings also are less formal than those found in criminal courts: The judge may or may not wear judicial robes and may or may not be seated on a raised bench, and there is more direct interaction between the judge and the juvenile.

Another important difference is that juvenile court proceedings, unlike criminal court hearings, are not open to the public, and law enforcement and court personnel are prohibited from releasing the names of juveniles to the media. Finally, with very few exceptions, there is no right to a jury trial in juvenile court. The primary reason for these differences is the difference in the purpose of both courts. Juvenile court‟s purpose is focused on rehabilitation of juvenile offenders, not punishment as demonstrated in the adult court system. Additionally, juvenile court hearings are quasi-civil which result in much more informal proceedings than adult criminal cases.

REF: Cognitive Domain: Comprehension Answer Location: Jurisdiction and Operation of the Juvenile Court Difficulty Level: Medium 4. Explain and provide an example of the events that led to policy makers to search for alternative solutions to incarceration for drug offenders.

Ans: During the 1980s, the number of drug offenders locked up in state and federal prisons skyrocketed. In fact, the rate at which drug offenders were sent to prison went from 19 per 1,000 adult arrests for drug offenses in 1980 to 104 per 1,000 arrests in 1992 (Bureau of Justice Statistics, 1995). The staggering costs of incarcerating increasing numbers of drug offenders, coupled with mounting evidence that imprisonment was not an effective approach to dealing with drug abuse and addiction, led policy makers to search for alternative solutions that would be cost-effective, politically palatable, and successful in reducing drug abuse and drug-related crime (see “California Voters Approve Proposition 47” on the next page for one example). This search for a more effective strategy led to the development of the drug treatment court.

REF: Cognitive Domain: Analysis Answer Location: Introduction Difficulty Level: Medium 5. Explain the distinguishing unique characteristics of “problem-solving” courts and whether they are adversarial or nonadversarial in their approach.

Ans: These courts, which generally are referred to as “problem-solving” courts, are distinguished by several unique characteristics: a focus on solving offenders‟ underlying problems, a nonadversarial approach to decision-making that involves social service providers as well as criminal justice officials, ongoing judicial supervision and monitoring of offenders in the program, and sanctions for noncompliance with program requirements (Farole, Puffett, Rempel, & Byrne, 2005). All of these courts, in other

words, are designed to address the problems that landed the offender in court and not just respond to the offender‟s criminal behavior, while at the same time holding the offender accountable and protecting the safety of the community.

REF: Cognitive Domain: Comprehension Answer Location: Introduction Difficulty Level: Medium