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Q:
To ______________ is to excuse oneself from deciding a case because of bias or the appearance of bias.
Q:
According to the text, only approximately one percent of investigations into attorney misconduct result in disbarment.
Q:
Prosecutors are completely protected against any liability that might arise as a result of such misconduct as lying on a warrant petition or coercing a confession.
Q:
The Minnesota v. White decision states that judges may not make political speeches since they are supposed to remain completely neutral.
Q:
The Batson v. Kentucky decision prohibited race discrimination in jury selection.
Q:
A prosecutor's legal duty is to win a conviction.
Q:
The writers of the Bill of Rights were natural law theorists.
Q:
Strict constructionists believe that rights only exist if they are specifically enumerated in the Constitution.
Q:
Strict constructionists believe that any new rights should be created through the political process.
Q:
It is called confirmatory bias when a judge decides a case ahead of time.
Q:
Wrongful convictions are said to exist in about 20 percent of all cases.
Q:
It is very common for attorneys to file complaints against judges that the attorneys feel had engaged in misconduct.
Q:
According to the text, the major complaint about defense attorneys is that they do not communicate regularly with clients.
Q:
Operation Greylord was a judicial scandal in Chicago in which both attorneys and judges were convicted of bribery.
Q:
A "Brady motion" requests all evidence that is "likely to lead to a different outcome."
Q:
One of the most cited reasons for false convictions is ineffective counsel.
Q:
The Supreme Court case that decided the issue described in the above question was:
a. Brady v. Maryland
b. Batson v. Kentucky
c. Minnesota v. White
d. District Attorney v. Osborne
Q:
The Senate candidate from the party you represent has asked you to make a speech at his campaign event, since you share his ideas. You wish to show your support and also make your positions known. Which of the following is true?
a. You are free to appear and speak however you wish
b. Since you are currently a judge, you are not permitted to make political speeches
c. You may make a speech but it cannot be broadcast
d. You can make a speech to support your friend but you must avoid any topics that might relate to matters covered by your court.
Q:
You have been assigned a case that involves a relative of the woman running against you in the upcoming election. In order to ensure there is no appearance of bias, your duty would be to:
a. delay the case until after the election
b. dismiss the case
c. recuse yourself from the case
d. videotape all proceedings for later review, if needed
Q:
Initially, you charged the defendant with attempted murder, since there was reason to believe the barn might have been occupied at the time. In reality, you knew that you would not be able to prove this charge in court. You thought that adding this serious charge might lead the defendant to plead guilty to the arson charge if you agreed to drop the attempted murder charge. This agreement would be a:a. summary judgmentb. "harmless error"c. Brady motiond. plea bargain
Q:
According to the Brady decision, what are you obligated to do with the shoeprint information?
a. Brady did not relate to this question
b. You are required to share the evidence with the defense
c. You are required to alert the judge
d. You do not need to provide it to anyone but you may not use it in the trial
Q:
You have an abundance of physical evidence that points to the defendant, but you also discover that a set of shoeprints found at the scene matches another person. This would be an example of ______________ evidence.
a. exculpatory
b. confirmatory
c. inconclusive
d. optional
Q:
Still convinced your client is innocent, you look for outside help. Where might you go to seek assistance in getting your client a new trial?a. The American Bar Associationb. The Innocence Projectc. The prosecutor's conviction-review teamd. The legal assistance team at the prison where your client is incarcerated
Q:
A month after the conviction, you discover that a DNA sample was found at the crime scene and was never tested. You believe that it might exonerate your client. Unfortunately, the appellate court rejects your petition, citing the case of District Attorney v Osborne. The decision in this case held that:
a. convictions must be immediately appealed in order to be considered
b. the prosecution is not required to share evidence that might point to innocence
c. DNA evidence is not admissible
d. defendants do not have a constitutional right to DNA testing
Q:
The witness that the prosecution called to testify about supposedly overhearing your client pray is an example of a jailhouse informant. The prosecutor had doubts about the veracity of this testimony, especially considering the witness demanded that his own charge be dropped in return for his testimony. The prosecutor decided to present the witness anyway, figuring that it might not be totally proper, but that since he was convinced your client was guilty, it was ok to bend the rules in order to secure the conviction. This is an example of:
a. cognitive dissonance
b. selective information processing
c. noble-cause corruption
d. harmless error
Q:
You attempted to convince the jury that the presence of the fingerprints did not mean anything " it was his bat, after all, and he had used it in a softball game recently. You argued that the detectives investigating the murder suspected your client right away because he was the victim's ex-boyfriend, and accordingly, they automatically interpreted any evidence in a way that agreed with their suspicion. This is an example of:
a. cognitive dissonance
b. selective information processing
c. noble-cause
d. harmless error
Q:
According to the text, those freedoms and protections that the framers of the Constitution would have recognized if they had been asked are called:a. "human rights"b. "fundamental liberties"c. "fundamental rights"d. "human liberties"
Q:
Natural rights refer to the concept that:
a. one has certain obligations to nature
b. one has certain biological requirements
c. one has certain rights just by virtue of being born
d. one has no rights, all rights belong the mother earth
Q:
Strict constructionists argue that the Constitution:
a. should be implemented as written
b. should be abolished altogether
c. is meant to be a living document
d. is meant to be all-inclusive
Q:
Interpretationists argue that the Constitution:
a. should be implemented as written
b. should be abolished altogether
c. is meant to be a living document
d. is meant to be all-inclusive
Q:
There are two basic philosophies regarding how to apply constitutional principles:
a. the interpretationists and activists
b. the activists and federalists
c. the federalists and strict constructionists
d. the strict constructionists and the interpretationists
Q:
An approach to the Constitution that uses a looser reading of the document is called:
a. the strict constructionist philosophy
b. the interpretationist philosophy
c. the libertarian philosophy
d. the federalist philosophy
Q:
The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source is referred to as the:
a. the strict constructionist philosophy
b. the interpretationist philosophy
c. the activists philosophy
d. the federalist philosophy
Q:
Interpretationists are also called:
a. Constructionists
b. Activists
c. Pacifists
d. Federalists
Q:
In ______________________, the Supreme Court ruled that defendants had no constitutional right to DNA evidence.
a. District Attorney v. Osborne
b. Garcetti v. Ceballos
c. Purkett v. Elem
d. Batson v. Martinez
Q:
In ______________________, the Supreme Court ruled against a prosecutor who objected to misconduct occurring in the office where he worked.
a. Diaz v. Bush
b. Garcetti v. Ceballos
c. Purkett v. Elem
d. Batson v. Martinez
Q:
According to the text, disciplinary committees investigate a practicing attorney:
a. only when a complaint is lodged against him or her
b. on a regularly basis, usually every fiscal year
c. every time they need to renew their license to practice
d. only when it involves a capital case
Q:
In terms of prosecutorial misconduct, Aronson and McMurtrie discussed the presence of all of the following elements EXCEPT:
a. cognitive dissonance
b. belief perseverance
c. selective information processing
d. emotional concord
Q:
Believing one's original theory of the case despite evidence to the contrary is called:
a. cognitive dissonance
b. belief perseverance
c. selective information processing
d. confirmatory bias
Q:
Only recognizing evidence to fit one's theory is the definition of:
a. cognitive dissonance
b. belief perseverance
c. selective information processing
d. confirmatory bias
Q:
The human tendency to seek to confirm rather than disconfirm is called:
a. cognitive dissonance
b. belief perseverance
c. selective information processing
d. confirmatory bias
Q:
Aronson and McMurtrie identified one type of prosecutorial misconduct as "tunnel vision," arguing that:
a. an innocent suspect will always be considered guilty by the judge
b. truly innocent, law-abiding citizens do not get prosecuted
c. some prosecutors work under a bias that defendants are guilty, therefore they ignore exculpatory evidence
d. prosecutors generally have a quota that they must fulfill
Q:
Which of the following is not a criticism of how the Bar handles complaints of ethical violations?
a. Very few sanctions result from investigations.
b. The investigative bodies are secretive and informal.
c. Lawyers can easily pay a fine to have the charges dismissed without an investigation.
d. Charges of incompetence are rarely investigated.
Q:
Which of the following states executes the most people?
a. Utah
b. Florida
c. Arizona
d. Texas
Q:
Confirmatory bias refers to:
a. when a specific suspect has been fixated upon and other possibilities are ignored
b. when it is confirmed that the prosecution is biased against the suspect
c. when a confirmation of racial bias is pending
d. none of these describe the concept
Q:
The reasons for false convictions discussed in your text include all except:
a. perjury by informants
b. "junk science"
c. false confessions
d. gender bias
Q:
A panel of judges reviewed 2100 cases in California and, in about a quarter of the cases, found:
a. instances of prosecutorial misconduct
b. instance of judges accepting bribes
c. improper reporting of case details by local news media
d. the "speedy trial" requirements were not being met
Q:
In Hamdan v. Rumsfeld, the U.S. Supreme Court held that detainees in Guantanamo:
a. did not deserve some due process and the military commissions created at the time were not sufficient.
b. did not deserve some due process and that the military commissions created at the time were sufficient.
c. deserved some due process and that the military commissions created at the time were not sufficient.
d. deserved some due process and that the military commissions created at the time were sufficient.
Q:
According to the text, which of the following statements about judicial misconduct is false?
a. Public exposes of judicial misconduct are fairly rare.
b. There is a concern that judges and lawyers play to the camera when these are permitted in court.
c. In general, judges who are more concerned with their public image than maintaining the judicial integrity of their office may make biased decisions.
d. Judicial misconduct is more likely to take place in criminal rather than civil cases.
Q:
Operation Greylord took place in the 1980s and involved:
a. corrupt "expert" witnesses
b. corrupt judges and attorneys
c. treatment staff misconduct
d. correctional misconduct
Q:
Between 1993 and 2002, what was the number of death row inmates exonerated of their crimes?
a. 50
b. 150
c. 90
d. 30
Q:
According to the text, the most common charge leveled against prosecutors is:
a. misusing pretrial publicity
b. failure to disclose evidence
c. supporting perjury
d. using false evidence in court
Q:
Which of the following is not considered prosecutorial misconduct?
a. ex parte communication with a judge
b. communicating with defendant without counsel present
c. failure to disclose evidence
d. speaking to the media about whether or not an indictment has been returned
Q:
Kirchmeier and colleagues discuss four types of prosecutorial misconduct, which of the following is not one of these four types?
a. withholding exculpatory evidence
b. misusing pretrial publicity
c. resigning from a difficult case
d. using false evidence in court
Q:
In an effort to prevent false confessions, 18 states now require confessions to be:
a. recorded by a court reporter, for a judge to review
b. sworn to under oath
c. witnessed by a defense attorney
d. videotaped
Q:
A 2006 Gallup Poll that rated the level of trust in the integrity of attorneys:
a. found that a small minority of the public had a high opinion of attorneys
b. found that most of the public expressed a high opinion of attorneys
c. found that most people had no opinion either way
d. nearly all respondents had been involved in a civil lawsuit against an attorney
Q:
What are the two main areas of judicial discretion described in the text? Give examples.
Q:
Describe ethical issues faced by judges, and provide examples.
Q:
Discuss the various forms of forensic testimony and why they have been criticized.
Q:
Explain why the attorney-client privilege is critical to the integrity of the judicial process.
Q:
Discuss how the ethics of virtue, according to Cassidy, can help determine ethical decisions for prosecutors.
Q:
Compare the experience that a defendant will have with a private attorney and the experience that an indigent defendant will have with a public defender.
Q:
Explain the confidentiality rules of defense attorneys and explain some situations where they may be able to disclose confidential information.
Q:
Discuss what jury consultants do and why they have been criticized.
Q:
Discuss the potential zealous defense issues for defense attorneys.
Q:
Compare the potential conflicts of interest for defense attorney and those of prosecutors.
Q:
If the defense believes that local news coverage of the case has created a biased jury pool, the defense attorney may file a motion seeking a _____________________.
Q:
One of the clearest examples of judicial discretion is in the application of the ______________________, which basically states that when the evidence has been obtained improperly, it cannot be used against the defendant at trial.
Q:
"Public integrity" units that prosecute wrongdoing on the part of _______________.
Q:
In the case known as ____________________, the Supreme Court held that it did not violate the defendant's Sixth Amendment right to counsel for the attorney to refuse to help the defendant commit perjury.
Q:
The Latin term _______________ means "for one's self;" in legal terms it means to serve as your own attorney.
Q:
_____________________ is a legal procedure to confiscate property and money associated with organized criminal activity.
Q:
__________________________ is a profession involved in the "scientific discipline directed to the recognition, identification, individualization, and evaluation of physical evidence by the application of the natural sciences to law-science matters."
Q:
A(n) ______________________ offers testimony derived from their expertise rather than their knowledge of the specific facts of the crime.
Q:
Expert testimony is allowed as evidence in trials when it is based on sound scientific method subject to peer review or testing, and the expert has appropriate knowledge, skill, and training. This is known as the ____________ standard.
Q:
The ________________________ is an absolute or legalistic model in that attorney's behavior would always be considered wrong or right depending on the ethical rule guiding the definition.
Q:
When lawyers weigh the priorities in each case and decide each case on the particular factors present, this is called the ______________________.
Q:
The "Model Rules" specifies that a prosecutor should not use ________________ to discredit a defense witness if the prosecutor knows the witness is testifying truthfully.
Q:
When an expert witness' opinions are given great weight - even in areas not within his area of expertise - this is known as the ________________.
Q:
_________________________ prohibit testimony that involves prior sexual history of rape victims for the purpose of discrediting the victim's reputation.