Crime and Justice in America
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Course Introduction
Crime and Justice in America explores the foundations, policies, and complexities of the American criminal justice system. The course examines the nature and causes of crime, the roles and interactions of law enforcement, courts, and corrections, and the impact of social, economic, and political factors on justice practices. Students analyze issues such as policing, due process, mass incarceration, juvenile justice, and emerging debates in crime control, with an emphasis on the ways race, class, and inequality influence the experience of justice in the United States.
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America's Courts and the Criminal Justice System 10th Edition by David W. Neubauer
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Page 2
Chapter 16: Appellate and Habeas Corpus Review
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Q1) Compare and contrast appeals and postconviction review processes.
Answer: So long as criminal defendants file a notice of appeal within the specified time limits, they are guaranteed the right to have an appellate court directly examine their convictions for all types of alleged errors.Postconviction reviews, however, collaterally attack convictions in civil court.The grounds for such postconviction reviews are usually much narrower than the grounds that can form the basis of a direct appeal.Furthermore, postconviction remedies may only be filed by those who are actually in custody.They may only raise constitutional defects, not technical ones.They can bring up issues not raised at trial and many courts allow unlimited postconviction remedies.
Q2) If an attorney fails to object at trial it causes no problem on appeal.
A)True
B)False
Answer: False
Q3) Appeals courts hear evidence at trials.
A)True
B)False
Answer: False
Q4) Once a not guilty verdict is returned the prosecutor cannot _____ the acquittal. Answer: appeal
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Chapter 1: Courts, Crime, and Controversy
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Q1) Approximately 2.5 million people work in the criminal justice system.
A)True
B)False
Answer: True
Q2) Which of the following aspects of the criminal justice process exemplify "law in action"?
A) Police Mirandize a suspect and obtain a voluntary confession.
B) At initial appearance, the defendant is advised of his rights and bail is set according to the bond schedule.
C) The prosecutor meets with the public defender to discuss the terms of a plea agreement.
D) Upon pleading guilty, the defendant is dissatisfied with the sentence and appeals. Answer: C
Q3) Felony defendants enter a plea at the _____ stage of the judicial process. Answer: arraignment
Q4) A defendant will be asked to enter a plea to the charges at arraignment. A)True
B)False Answer: True
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Chapter 2: Law and Crime
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Q1) Which of the following facts cannot be used to provide justification for the stop?
A) It was an area known for heavy drug trafficking.
B) The suspect was standing next to a building holding an opaque bag.
C) The suspect's unprovoked flight upon seeing the officers.
D) Discovery of the concealed handgun.
Answer: D
Q2) _____ are agreements between two or more persons involving a promise supported by mutual obligation.
Answer: Contracts
Q3) An example of a legal attendant circumstance would be:
A)the credibility of eyewitnesses
B)the defendant's character
C)the defendant's getaway vehicle
D)the amount of money or goods stolen
Answer: D
Q4) A ruling in a previous case that serves as a guide in deciding subsequent cases with similar circumstances is known as a _____.
Answer: precedent
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Chapter 3: Federal Courts
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Q1) The United States has how many U.S.District Courts?
A)59
B)78
C)94
D)111
Q2) Original and appellate jurisdiction fall under what classification of jurisdiction?
A)geographical jurisdiction
B)subject matter jurisdiction
C)hierarchical jurisdiction
D)general jurisdiction
Q3) U.S.Magistrate Judges may try and sentence felony defendants.
A)True
B)False
Q4) Describe the different responsibilities and workloads of U.S.magistrate judges, district judges, circuit judges, and Supreme Court justices.
Q5) _____ petitions are those in which inmates may collaterally challenge their convictions (after exhausting all available state remedies to do so) by arguing that their trial was constitutionally defective.
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Chapter 4: State Courts
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Q1) Therapeutic drug courts operate in all 50 states.
A)True
B)False
Q2) For one to be able to appeal a decision made by a state court of last resort to the U.S.Supreme Court the case must involve an important question of _____ law.
Q3) The major trial courts decide _____ case and civil cases including domestic relations, estate, personal injury, and contract cases.
Q4) Both justice of the peace courts and _____ courts are considered lower courts.
Q5) What event following the Civil War produced fundamental changes in the structure of the American Judiciary?
A)decreases in population
B)rapid industrialization
C)lower volumes of litigation
D)decreases in urban populations
Q6) Which of the following is true of the early colonial courts?
A)they were rather simple
B)they replicated English courts completely
C)they were rather complex
D)they replicated English courts in substance but not in form
Page 7
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Chapter 5: The Dynamics of Courthouse Justice
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Q1) Assistant prosecutors are often judged not on how many cases they win, but on how few they ____.
Q2) What do we all the authority to make decisions without reference to specific rules or facts?
A)delay
B)socialization
C)ethics
D)discretion
Q3) Assembly-line justice, discretion, and the courtroom work group are all concepts used to explain what?
A)the difference between law in action and law on the books
B)courthouse discretion
C)the difference between judges and magistrates
D)legal ethics
Q4) Explain why discretionary decision making occurs in the criminal courts and provide some specific examples of prosecutorial discretion.
Q5) The courtroom workgroup includes all who appear in the courtroom at any trial.
A)True
B)False
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Chapter 6: Prosecutors
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Q1) Who sets the tone for plea bargaining in the courtroom?
A)the judge
B)the prosecutor
C)the defense attorney
D)the clerk
Q2) The Solicitor General's Office generally requests Supreme Court review only in cases with a high degree of significance and
A)in which the government is a party.
B)in which the government has a reasonable legal argument.
C)in which a violation of the U.S.Constitution is believed to have occurred.
D)in which a federal employee is involved.
Q3) The turnover rate among assistant district attorneys is relatively low.
A)True
B)False
Q4) Explain the difference between absolute immunity and qualified immunity for prosecutors.
Q5) In the federal courts, the U.S.attorneys enjoy considerable autonomy from the U.S.Justice Department.
A)True
B)False
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Chapter 7: Defense Attorneys
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Q1) Legal ethics seek to ensure that lawyers will zealously advocate for their clients.
A)True
B)False
Q2) What is the criminal lawyer's most important commodity in securing clients?
A)fee
B)legal background
C)appearance
D)reputation
Q3) Self-representation is a rare occurrence.
A)True
B)False
Q4) What type of law do most lawyers practice?
A)environmental law
B)civil law
C)criminal law
D)non-profit law
Q5) Attorneys in the personal client sector are often referred to as _____ practitioners because they practice alone or share an office with another attorney.
Q6) Defending unpopular clients is the basis for a great deal of _____ of lawyers.
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Chapter 8: Judges
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Q1) Federal judicial _____ are initially heard by judicial councils, which are the administrative arm of each U.S.Court of Appeals.
Q2) What is a common practice in large courts?
A)courtroom work group shopping
B)judge shopping
C)courtroom shopping
D)bail shopping
Q3) The vast array of legal powers possessed by judges often leads people to
A)overestimate the actual influence of the judge
B)underestimate the actual influence of the judge
C)understand the actual influence of the judge
D)None of these answers is correct
Q4) Judicial _____ Evaluations are an important tool for maintaining judicial accountability.
Q5) Most judges are newcomers to political life; most have little (if any) political experience.
A)True
B)False
Q6) Judges selected via _____ generally react to public opinion.
Q7) The formal _____ of judges extend throughout the criminal court process.
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Chapter 9: Defendants, Victims, and Witnesses
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Q1) Victim's Bill of Rights seek to provide rights for victims because _____ already have rights.
Q2) One of the hardships victims and witnesses face while participating in the criminal court process is trial _____.
Q3) The victims' movement is seen as providing much needed support for victims of crime by some but as manipulating victims by providing symbols but no substance by others.Explain the arguments on each side of this issue.Which side do you support? Why?
Q4) Victim/witness _____ programs are designed to help better navigate the court process.
Q5) The case of Thurman v.Torrington involved what crime?
A)rape
B)domestic violence
C)assault
D)homicide
Q6) As prosecutorial dominance increased, what else also happened?
A)the power of the victim declined
B)the power of the victim increased
C)the power of the victim remained the same
D)the authority of the judge was undermined
Page 12
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Chapter 10: Arrest to Arraignment
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Q1) Sometimes, the police exercise considerable influence by pressuring prosecutors to overcharge defendants or to file charges even though the evidence is weak.
A)True
B)False
Q2) The burden of proof required at a preliminary hearing is
A)preponderance of the evidence.
B)proof beyond a reasonable doubt.
C)reasonable suspicion.
D)probable cause.
Q3) Which of the following is not one of the four types of charging documents?
A)arrest warrant
B)Complaint
C)Indictment
D)writ of certiorari
Q4) Which of the following is true about celebrated cases?
A)they are atypical.
B)they are typical.
C)they are a good example of how the court operates.
D)all of these answers are true of celebrated cases.
Q5) How do arrests made by the police impact the criminal court process?
Page 13
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Chapter 11: Disclosing and Suppressing Evidence
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Q1) The _____ rule bars evidence from being used in the prosecution's case-in-chief if it was obtained in violation of a defendant's constitutional rights.
Q2) Supporters of the exclusionary rule argue that the rule is the only effective deterrent against which of the following?
A)judicial misconduct
B)prosecutor misconduct
C)courtroom misconduct
D)police misconduct
Q3) The majority of searches are conducted without a warrant.
A)True
B)False
Q4) Using arguments identified in the chapter, evaluate whether the exclusionary rule should be abolished.
Q5) Why might Smith's conviction be overturned?
A)his constitutional rights were violated
B)he confessed due to duress
C)his conviction would not be overturned
D)he was not given advice about his constitutional rights
Q6) Define, compare, and contrast formal and informal discovery.
Page 14
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Chapter 12: Negotiated Justice and the Plea of Guilty
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Q1) Judges like Alford plea agreements because the defendant admits guilt on the record, in open court, and bears responsibility for his or her wrongdoing.
A)True
B)False
Q2) A victim's preference for a trial is among the most important factors that a prosecutor considers when deciding whether to offer a defendant a plea bargain.
A)True
B)False
Q3) A defendant must _____ waive his or her constitutional rights before a plea of guilty is accepted.
Q4) A defendant who pleads guilty is generally required to read and sign what form?
A)A Boykin form
B)A Crockett form
C)A Reeves form
D)A Santobello form
Q5) Trials are a _____ and time-consuming means of establishing guilt.
Q6) Explain the difference between a count bargain, a charge bargain, and a sentence bargain.Which do you think best benefits a defendant? Why?
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Chapter 13: Trials and Juries
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Q1) The venire is the master jury list.
A)True
B)False
Q2) The minimum size of a jury approved by the U.S.Supreme Court (at least for non-capital cases) is _____ persons.
Q3) The _____ Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury."
Q4) The questioning of potential jurors is called
A)voir dire.
B)venire.
C)sequester.
D)inquiry.
Q5) What type of research do jury consultants use to profile jurors?
A)social scientific research
B)legal research
C)biological research
D)historical research
Q6) The first step in jury selection is the compilation of the _____ jury list.
Q7) The power of a jury to ignore the law is called jury _____.
Page 16
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Chapter 14: Sentencing Options
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Q1) The President and state governors have the authority to issue _____ to convicted offenders.
Q2) The _____ branch of government controls the length of the prison term.
Q3) What branch of government has the authority to choose among sentencing options?
A)the judicial branch of government
B)the executive branch of government
C)the judicial and the legislative branches of government
D)the legislative branch of government
Q4) What branch of government typically carries out sentences?
A)the judicial branch of government
B)the executive branch of government
C)the legislative branches of government
D)the correctional branch of government
Q5) The nineteenth century British criminologist who popularized deterrence theory was A)August Comte.
B)John Stuart Mill.
C)Isaac Newton.
D)Jeremy Bentham.
Q6) The idea that offenders deserve punishment lies at the heart of _____.
Page 17
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Chapter 15: Sentencing Decisions
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Q1) In United States v.Booker (2005), the Supreme Court held that the federal sentencing guidelines are unconstitutional but judges may use them as advisory.
A)True
B)False
Q2) What is the second most important factor in sentencing?
A)the defendant's prior record
B)the seriousness of the offense
C)the injury to the victim
D)cost of incarceration
Q3) What sentencing schemes target sentencing decisions by judges?
A)structured sentencing
B)determinate sentencing
C)indeterminate sentencing
D)voluntary sentencing
Q4) Adherents of the due process model were concerned about a
A)lack of fairness in sentencing.
B)lack of harshness in sentencing.
C)failure to keep offenders in prison long enough.
D)failure to release offenders from prison soon enough.
Q5) Judges most often sentence within the _____ penalty structure.
Page 18
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Chapter 17: Juvenile Courts
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Q1) In the juvenile court, the _____ is roughly the equivalent to a preliminary hearing in an adult proceeding.
Q2) In the juvenile justice system, parents are considered to have sole and exclusive legal responsibility over their children.
A)True
B)False
Q3) Proponents of the _____ Model of criminal justice argue that children who commit crimes should be punished as adults.
Q4) What act mandated deinstitutionalization of juvenile offenders?
A)The Juvenile Justice and Delinquency Prevention Act
B)The Juvenile Justice Care and Protection
C)The Parens Patriae Act
D)The Juvenile Assistance Act
Q5) Most states consider children to be juveniles until they reach what birthday?
A)17
B)18
C)19
D)21
Q6) Juvenile courts are based on _____ law.
Page 19
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