Q&A Hero

Q: When prosecutors are merely asking whether there is enough evidence to serve as a basis for prosecution, they are operating according to thea. system efficiency model b. legal sufficiency model c. trial sufficiency modeld. trial efficiency model

Q: Charges are not likely brought against offenders when victims a. are upstanding members of societyb. are not crediblec. want the offender prosecuted d. are trustworthy

Q: Prosecutors are considered to have the central role in the justice process because a. they issue verdicts that determine defendants' guiltb. they have exchange relations with many other actors c. they issue indictments to initiate chargesd. they hire and supervise police chiefs and sheriffs

Q: Which of the following is NOT true concerning the role of a prosecutor? a. a prosecutor has considerable discretion in the criminal justice system b. a prosecutor is influenced by other actors in the criminal justice systemc. a prosecutor has independent authority to decide how to handle each cased. a prosecutor has limited influence in the early stages of the criminal justice process

Q: A nolle prosequiisa. the decision of the prosecutor to drop a case b. the process of determining probable causec. the questioning of a jury in a criminal cased. the power of the prosecutor to bring charges

Q: The process of a prosecutor sharing information with the defense is called a. nolle prosequib. legal sufficiency c. probable cause d. discovery

Q: After deciding that a case should be filed against an offender, the next step of the prosecutor is to determine a. whether to seek the death penaltyb. which charges to file against the offenderc. whether the evidence was collected in accordance with constitutional regulations d. whether the police used excessive force in apprehending the offender

Q: Which of the following is considered a distinct role of a prosecutor?a. trial counsel for the policeb. house counsel for the police c. representative of the court d. all of the above

Q: Which of the following best describes the discretion given to a prosecutor?a. limited discretion b. variant discretion c. broad discretiond. relative discretion

Q: What is a "prosecution complex"?a. when an offender fears unfair treatment by the prosecutor b. when a judge sides with the prosecutor in a court decisionc. when a defense attorney comes to believe he/she represents the stated. when prosecutors view themselves as an instrument of law enforcement

Q: How might public opinion affect a prosecutor's decision to try a certain case?a. prosecutors conduct surveys of the community to determine which cases are most important b. prosecutors are elected, so their decisions should reflect community valuesc. prosecutors have no discretion to try cases--they must bring every case they receive to court d. prosecutors keep the community happy by having low conviction rates

Q: Which of the following is a factor that increases the power of the prosecutor?a. many of their decisions are hidden from public viewb. they must have a judge sign-off on any decision to drop a casec. they are dependent on the defense attorney for witness statements d. jurisdictional boundaries are sometimes confusing

Q: Which of the following is NOT a name given to a prosecuting attorney?a. district attorney b. state's attorneyc. commonwealth attorney d. county attorney

Q: What is the most common method of selection for the job of county prosecutor?a. merit selection b. appointedc. electedd. volunteer

Q: As _____ , all judges must deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy. a. negotiatorsb. adjudicatorsc. administrators d. enforcers

Q: _____have had fewer opportunities to enter the legal profession prior to the 1960s and thus were seldom considered for judgeships.a. women b. malesc. elderlyd. college educated

Q: Trial courts of _________jurisdiction are criminal courts with jurisdiction over all offenses including felonies. a. generalb. limitedc. appellate d. specific

Q: The state court system is only fragmented. Which of the following is not a solution to create a united court system?a. eliminating overlapping and conflicting jurisdictional boundariesb. creating a hierarchical and centralized court structure with a chief justice c. having the courts funded by state governmentd. joining both civil and criminal courts together

Q: What impacts do budget cuts have on the courts?

Q: Should state judges be selected through elections? Why or why not?

Q: What is one criticism of the bail system in the United States? How might you recommend that this problem be fixed?

Q: Judges have an enormous amount of discretion in making decisions about pretrial detention. In your opinion, is this harmful or helpful for defendants? Be sure to support your answer with facts from class and the textbook.

Q: In many jurisdictions, judges are elected by the public. These elections are rarely publicized by the media. What does this imply for the election of judges? Is this a fair method for selecting judges in the United States?

Q: Why is it important that states develop standardized court structures?

Q: Judges are typically white men with strong political connections. Do you see any problems with this in terms of fairness in sentencing?

Q: The bail bondsperson is a non-profit actor within the criminal justice system. a. Trueb. False

Q: The bail system discriminates against poor people. a. Trueb. False

Q: Bail is typically determined within three hours after the arrest. a. Trueb. False

Q: The Eighth Amendment to the United States Constitution forbids the use of excessive bail. a. Trueb. False

Q: Both prosecutors and defense attorneys can bring pretrial motions in court proceedings. a. Trueb. False

Q: Most felony cases are disposed of by dismissals. a. Trueb. False

Q: The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause. a. Trueb. False

Q: After a suspect is arrested, he/she cannot be deprived of freedom until guilt is proven.a. Trueb. False

Q: Judges selected based on merit must eventually face public election. a. Trueb. False

Q: Judges have a variety of roles within the judicial system. a. Trueb. False

Q: It is easy for a poor person with little education to become a judge. a. Trueb. False

Q: The occupation of "bail bondsman" is a job unique to the United States. a. True b. False

Q: The American legal system is based on a passive judge and jury seeking to find the truth as attorneys for each side argue vigorously. a. True b. False

Q: At the heart of reform of state courts is the goal of making the process more complex. a. Trueb. False

Q: All courts in the United States use a basic three-tiered structure. a. Trueb. False

Q: State courts have huge caseloads. a. Trueb. False

Q: Few efforts have been made to reform state courts in the twentieth century. a. Trueb. False

Q: The fragmented structure of state courts is the biggest barrier to effective justice. a. Trueb. False

Q: Trial courts of limited jurisdiction have jurisdiction over all offenses, including felonies and appeals. a. Trueb. False

Q: Appellate courts do not try criminal cases. a. Trueb. False

Q: Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money. a. Trueb. False

Q: The geographic territory that defines a court's authority is called jurisdiction. a. Trueb. False

Q: Most criminal cases are heard at the federal level. a. Trueb. False

Q: The United States has a dual court system. a. Trueb. False

Q: Bail will be _________ if the defendant does not appear in court.

Q: The amount of money specified by a judge to be paid as a condition of pretrial release is called _____________.

Q: Defendants state their pleas (guilty or not guilty) at the ____________.

Q: The ______ makes the decision about whether to file charges for particular crimes and offenders.

Q: The facts upholding the belief that a crime has been committed is called ____________.

Q: Prospective judges receive special training in law school to become professional judges in an ____________.

Q: When judges take on the role of ____ , they are concerned with how their courtroom is running.

Q: When judges work with attorneys outside of the public view, they are usually taking on the role of __________.

Q: When a judge oversees the "contest" between the defense attorney and the prosecutor, he or she has taken on the role of ___________.

Q: In a ___________, judges are openly endorsed by political parties.

Q: The ______________system involves an active judge.

Q: Judges have three major roles: adjudicator, negotiator, and ___________.

Q: A problem with state courts is the overlapping and conflicting _____________.

Q: Courts that do not try criminal cases but hear appeals are called ____________courts.

Q: The United States has a __________court system with a separate federal and state court systems.

Q: What has been referred to as "the ultimate ghetto"?a. American prisons b. American jailsc. American courtroomsd. American police departments

Q: In the case of United States v. Salerno and Cafero(1987), the Supreme Court decided that:a. the use of preventive detention was constitutionalb. the use of preventive detention violates offenders' constitutional rights c. the use of preventive detention was detrimental to offenders at triald. the use of preventive detention was racially biased

Q: Which statement best reflects what have some critics said of the use of preventive detention?a. it always violates the offenders First Amendment rightsb. it is always used unfairly, particularly for female offendersc. it is unfair to incarcerate someone when we assume all offenders are innocent until proven guilty d. the costs should not be considered

Q: Which of the following is NOT a factor in how the judge determines the amount of the bail?a. seriousness of the crime b. defendant's prior recordc. defendant's family responsibilitiesd. admissibility of evidence gathered by the police

Q: Upon which of the following principles should bail decisions be made? a. accused offenders are entitled to release on their own recognizance b. non-financial alternatives to bail should be avoided at all costsc. reasons for bail decisions must not be made known to the parties involved d. review of bail determinations can be made sporadically

Q: The practice under which judges grant releases if the defendant is employed and has roots in the community is calleda. citationb. preventive detentionc. release on recognizance d. preventive assumption

Q: In 1984, Congress passed the Bail Reform Act. This legislation authorized the use of a. citationsb. ten percent cash bailc. release on recognizanced. preventive detention

Q: Which of the following is true about the bail system?a. bail is sometimes set before the defendant has an attorneyb. bail bondspersons cannot deny bail to defendants if they can pay at least ten percent of the entire bail amount c. police officers are never allowed to influence the bail decisiond. bail bondspersons are non-profit employees of the state

Q: Which of the following statements best describes the method of judicial "nonpartisan election"?a. judges are appointed by the governor b. judges are selected by the legislatorc. judges are first appointed by a commission, then voters approve later d. judges run for election and are not endorsed by political parties

Q: An application to a court requesting that an order be issued to bring about a specified action is called a(n)a. dismissalb. rejection at screening c. guilty plead. motion

Q: Most felony arrests are decided by a(n)a. dismissalb. rejection at screening c. guilty plead. conviction at jury trial

Q: The court appearance of an accused person where the charges are read is called a(n)a. probable cause b. arraignmentc. preponderance of the evidence d. reasonable doubt

Q: The criterion for deciding whether evidence is strong enough to uphold an arrest is called a. probable causeb. arraignmentc. preponderance of the evidence d. reasonable doubt

Q: In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys?a. adjudicatorb. administrator c. negotiatord. electoral candidate

Q: Which of the following is the most likely to occur when a judge assumes the bench?a. base their decisions on factors other than the lawb. take a pay cut in order to assume a position on the bench c. make more money than the highest paid private attorneys d. go straight from law school directly into a judging career

Q: In the United States, the judicial system operates according to a(n)a. adversarial system of justice b. inquisitorial system of justice c. civil law system of justiced. authoritarian system of justice