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Brie final
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1The American court system is based on which of the following systems of justice?
- AAccusatory
- BAdversarial
- CCollective
- DImpeachment
2Judges are addressed as "your honor" for what reason?
- Aout of fear of judicial power
- Bout of respect
- Cdue to tradition
- Ddue to state law
3How are federal judges selected?
- AAppointed by the president and confirmed by the senate
- Bappointed by the president and confirmed by congress
- Cvoted in by the senate and approved by the president
- Dvoted in by congress and approved by the president
4Evidence that is favorable to the defendant is called [blank_start]exculpatory[blank_end] evidence
- Aexculpatory
5The supreme court held that the right of a defendant to self-represent stems from the [blank_start]6th[blank_end] amendment?
- A6th
6Assuming good behavior, federal U.S. Attorneys serve terms for [blank_start]4[blank_end] years.
- A4
7In 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?
- APowell v Alabama
- BJohnson v Zerbst
- CGideon v QWainwright
- DAgersinger v Hamlin
8Who decides if a plea agreement will be entered into?
- AProsecutor and defense counsel
- Bdefendant and defense counsel
- Cjudge and jury
- Dgrand jury
9the option for jury nullification is found ______________
- Ain the frist amendmant
- Bin the 6th amendmant
- Cin the tenth amendmant
- Dnowhere in the constitution
10The [blank_start]6th[blank_end] amendment to the constitution guarantees a person accused of a crime the right to trial by jury.
- A6th
11Having an appropriate demeanor in court includes which of the following?
- ALooking interested in the proceedings
- Bnot scowling
- Chaving a concerned yet pleasant expression
- Dall of the above
12During which part of the criminal justice process is the judge most visible?
- APre-arrest
- BPost-arrest/pre-trial
- Ctrial
- Dpost-trial
13The right to the assistance of counsel for the accused is found in the [blank_start]6th[blank_end] amendment.
- A6th
14Defendants are entitled to a trial by a jury for all ___________________
- Atrials
- Bfelonies
- Ccases that may result in imprisonment of more than 6 months.
- Dcases that may result in any imprisonment
15in the majority of states, how is the chief local prosecuting attorney selected?
- Aexecutive appointment
- Blegislative vote
- Cjudicial appointment
- Dpopular election
16which of the following has nothing to do with right to counsel?
- APayne v Tennessee
- BGideon v Wainwright
- Cpowell v alabama
- Djohnson v zerbst
17Which of the following is the primary purpose of the prosecutor during a trial?
- Aobtain a conviction
- Bseek justice
- Cprocess the case as quickly as possible
- Dsecure the maximum sentence for the defendant
18the [blank_start]5th[blank_end] amendment of the constitution gives the defendants the right to refrain from testifying at trial.
- A5th
19For what reason were jurors initially not allowed to take notes?
- Amost jurors were illiterate
- Btrials were so short it was deemed unnecessary
- Cjudges did not trust jurors to take accurate notes
- Dpaper was not readily available
20which of the following is not one of the elected prosecutors daily duties?
- AManage the organization of and for the office
- Bmake court appearances
- Cmanage the long term planning for the office
- Dset policies and priorities
21At which point in the criminal process does the right to counsel end?
- AAfter the conviction
- Bafter the sentence is handed down
- Cafter the first appeal
- Dafter all possible appeals
22What might a judge do if he determines that a probation violation has occurred?
- ARevoke probation
- BModify the conditions of probation
- CExtend the probationary time
- DAll of the above
23The right to counsel applies to _____________
- AAll non-traffic offenses
- Bonly crimes for which the defendant may be imprisoned for more than six months?
- CAll crimes for which the defendant may be imprisoned
- Donly felonies
24what is the primary role of the defendant?
- ATo make tactical and strategic decisions
- Bto make major decisions regarding his or her defense
- Cto gather witnesses in their defense
- Dto focus on his or her demeanor and appearence before the judge and jury
25which of the following is the primary factor determining whether the court is required to appoint counsel to a defendant?
- Aseriousness of the charge
- Bthe age of defendant
- Cthe mental capacity of the defendant
- Dthe funds available to the defendant
26what might a judge do if a jury convicts but the judge believes there is insufficent evidence to support a conviction
- Aenter a direct verdict
- Bhold the jury in contempt of court
- Cappeal the conviction
- Dnone of these answers is correct
27which model of prosecution assignes different prosecutors to each of the steps of a case?
- Astep by step model
- Bcase by case model
- Chorizontal model
- Dvertical model
28what type of indigent defense system are private attorneys employed to represent indigent defendants?
- Afixed price contract programs
- Bcontract attorney programs
- Cpublic defender programs
- Dassigned counsel programs
29How are federal U.S. attorneys selected?
- AExecutive appointment
- BLegislative vote
- CJudicial appointment
- DPopular vote
30which of the following is not the responsibility of a judge?
- AAuthor Legislation
- Bhear legal disputes
- Cpreside over courts
- Dadminister the law
31in the feral court system, the government is represented by ____________
- Athe district attorney
- Bthe prosecuting attorney
- Cthe states attorney
- Dthe US attorney
32which of the following decisions are typically NOT made by the defense attorney?
- Awhether to accept a plea agreement
- Bhow to cross examine prosecution witness
- Cwhether to employ an expert witness
- Dwhether potential jurors should be challenged for cause
33which branch of government can vote to impeach a federal judge for "treason, bribery or other high crimes or misdemeanors?"
- AThe supreme court
- Bthe speaker of the house
- Cthe house of representatives
- Dthe senate
34Since the 1980's, the rights and protections provided to crime victims have ______________.
- Adecreased
- Bstayed the same
- Cincreased
- Dequalized
35What options are available to the court if a jury engages in jury nullification?
- ARetrial of defendant
- Bcharge the defendant with a lesser offense
- Chold the jury in contempt of court
- Dnon of the above
36What must be at the core of the prosecutors role in the criminal justice system?
- AAppropriate conduct
- Bprosecutorial conduct
- Cethical conduct
- Dlegitimate conduct
37According to the supreme court, under what circumstance does a defendant have a constitutional right to choose a different court-assigned attorney?
- AIf the attorney believes the defendant guilty
- Bif the defendant believes the attorney incompetent
- Cdefendant can choose a new attorney for almost any reason
- Ddefendant does not have that right
38Those in favor of judicial independence argue that judges ought to _________________.
- AInterpret laws and constitution while considering public opinion
- BInterpret laws and constitution regardless of public opinion
- Cmake policy on the governments behalf considering public opinion
- Dmake policy on the governments behalf regardless of public opinion
39THe compulsory Process Clause of the Sixth Amendment provides defendants with what right?
- ATo testify in their own defense
- Bto represent themselves in court
- Cto compel individuals to appear in court and testify as witnesses for the defense
- Dto have an attorney represent them in court
40In 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?
- ADuncan v Louisiana
- BPayne v. Tennessee
- CMuniz v. Hoffman
- DAcevedo v california
41Impeachment evidence is any evidence that damages the _____________________.
- Aprosecution case
- Bdefendants case
- Ccredibility of a witness
- Dcredibility of an alibi
42When can a defense attorney legally break confidentiality according to the supreme court?
- AIf the attorney knows the defendant is guilty
- Bif the attorney knows the defendant is going to give false testimony
- Cif the attorney knows the defendant is untrustworthy
- Dnever
43A person placed under arrest and held in custody must be brought before a judge for an initial appearance in what amount of time?
- Awithin six hours
- Bwith a reasonable time period
- Cthere is no time limit
- Dwithin one month
44The [blank_start]6th[blank_end] Amendment guarantees a defendant's right to a speedy trial.
- A6th
45The [blank_start]8th[blank_end] Amendment to the constitution provides defendants with the right to reasonable bail
- A8th
46In what manner is a jurys question most commonly posed to a witness
- Athe jury foreman asks the witness directly
- Bthe juror with the question asks the witness directly
- Cthe judge asks the witness on behalf of the jury
- Dthe prosecution asks the witness on behalf of the jury
47Typically, a prosecutor will charge a defendant with _________________________.
- AThe most serious level of crime the defender is believed to have committed
- BThe crime with the best chance of reaching conviction
- Cthe crime worked out in advance with the defense attorney's office
- Dthe crime recommended to the prosecutor's office by the police investigator
48What can an attorney do to foster a good working relationship with a client?
- AMeet with the defendant as soon as practical following appointment or retention
- Bexplain in detail the procedures that will take place as the case progesses
- Cpromptly respond to client's questions or requests for information
- DAll of the above
49Given the system of separation of powers and check and balances, which branch of government has superiority over the others?
- AExecutive
- BLegislative
- CJudiciary
- DThey are all equal
50The name for the group of individuals who report for jury duty at a given time is the [blank_start]venir[blank_end]
- Avenir
51Hammurabis code governed relationships in society related to what?
- Asexual behavior, property rights, theft, and acts of violence
- Bsexual behavior
- Cproperty rights
- Dacts of violence
52which of the following is not a source of law?
- Ajudicial opinions
- Bstatutes
- Cconstiutions
- Dpublic opinion
53Criminal law is sometimes referred to as __________.
- Acorporate law
- Bbasic law
- Csubstantive law
- Dlayman law
54What perspective views law as basically a neutral framework for patching up conflicts between individuals and groups who primarily share the same set of fundamental values
- AThe precedent perspective
- Bthe packer persepective
- Cthe conflict perspective
- Dthe consensus perspective
55A courts jurisdiction is conferred by statue or _______________.
- AExecutive order
- Bopinion
- Cpopular vote
- Dconstitution
56Sources of individual rights include all but which of the following?
- AExecutive orders
- Bconstitutions
- Ccase law
- Dlegislation
57What is the required level of proof for a conviction in a criminal case?
- Abeyond all doubt
- Bbeyond a reasonable doubt
- Cpreponderance of the evidence
- Dprobable cause
58The power to review a decision of a lower court is knows as ________________.
- APrimary jurisdiction
- BLimited jurisdiction
- COriginal Jurisdiction
- DAppellate jurisdiction
59According the the conflict perspective of law, laws work for the benefit of ________________.
- AThe rich
- Bthe middle class
- Cthe poor
- DAll citizens
60which of the following is not a right expressly mentioned in the U.S. Constitution?
- AProhibition on bills of attainder
- BProhibition on ex post facto laws
- CRight to habeas corpus
- DRight to Privacy
61In a criminal trail, the burden of proof lies on which party?
- Athe prosecution
- Bthe defense
- Cthe judge
- Dthe jury
62The federal court system today consists of three primary tiers: district courts, intermediate appellate courts, and ____________.
- AThe supreme court
- Bthe constitutional court
- Cthe congressional court
- Dthere are only two primary tiers in the federal court system
63Which of the following is a set of instructions for how state agents must act within the criminal justice system?
- ACivil Law
- BCriminal Law
- CDue process
- DThe bill of rights
64The first amendment provides which of the following rights?
- Aspeech
- Bpress
- Cassembly
- Dall of these rights
65Criminal acts are not considered mala in se may be considered mala prohibita based on which of the following
- Atransferred intent
- Bstrict liability
- Cgravity of the offense
- Dsocial attitudes
66How many U.S. Supreme Court justices must vote to hear a case in order to grant a writ of certiorari?
- Afour
- Bfive
- Csix
- Dthree
67Packer's due process model focuses on which of the following?
- ALegal guilt
- BFactual guilt
- Csocietal guilt
- Dindividual guilt
68What amendment prohibits the forced quartering(housing) of soldiers?
- A2nd
- B3rd
- C7th
- Dnowhere in constitution
69what type of law violates the overbreadth doctrine?
- APassed ex post facto
- BVoid for vagueness
- CCruel and unusual
- DA bill of attainder
70In the majority of states, which is the court level "of last resort" in the state system?
- ACourt of limited jurisdiction
- Bcourt of general jurisdiction
- Ccourt of appeals
- Dsate supreme court
71Which metaphor best describes the due process model of the criminal justice process?
- Ahorse race
- Bobstacle course
- Cassembly line
- Dfuneral procession
72The fourth amendment bans all searches and seizures that are __________________.
- AUnforseen
- Buncomfortable
- Cirrational
- Dunreasonable
73Laws passed "after the fact" are called
- Aex post facto
- Bvoid for vagueness
- Ccruel and unusual
- Da bill of attainder
74which system is used to appoint federal judges?
- Aexecutive appointment
- Bcongressional vote
- Cpopular election
- Dthe merit system
75Which case gave courts the power to examine a law and determine whether it is constitutional?
- AMarbury v madison
- Bbrown v board of education
- Cplessy v ferguson
- Dunited states v booker
76What is the level of proof required to search a place or seize an item or person?
- Aabsolute certainty
- Bbeyond a reasonable doubt
- Cprobable cause
- Dpreponderance of the evidence
77Laws that impose criminal punishment without a trial are called ________________.
- AVoid for vagueness
- Bex post facto
- Cbills of attainder
- Dproximal laws
78Assuming "good behavior" U.S. Supreme Court justices serve terms ________________.
- Aof four years
- Bof eight years
- Cof ten years
- Dfor life
79There 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?
- AArrest
- Boversight
- Ccharging
- Dappealing
80The protection from double jeopardy is found in the __________________.
- A3rd Amendment
- B5th Amendment
- C6th Amendment
- D7th Amendment
81which of the following is not one of the 3 forms of the criminal act?
- Avoluntary bodily movements
- Bomission in the face of a duty to act
- Comission
- Dpossession
82who has the authority to remove the federal judges found to be guilty of "treason, bribery, or other high crimes and misdemeanors"?
- Athe president
- Bthe congress
- Cfellow federal judges
- Dthe people
83which of Packer's models favors the plea-bargaining process?
- ACrime control proponents
- Bdue process proponents
- Cboth crime control and due process proponents
- Dneither crime control nor due process proponents
84What is it called when the trial jury is unable to reach a unanimous verdict in a case that requires unanimity?
- Ahung jury
- Bacquittal
- Cconviction
- Dindictment
85The "but for" test is used to determine which type of causation?
- Afactual
- Blegal
- Cproximate
- Dreasonable
86Who determines the outcome in a bench trial?
- AProsecutor
- BJudge
- CDefense attorney
- DMagistrate
87What term means "let the decision stand"
- ARatio Decidendi
- BObiter Dicta
- CStare Decisis
- DIpso facto
88The requirement of the Miranda warning is based on which amendment?
- A1
- B4
- C5
- D8
89A person who consciously, with the intent to commit a certain act or produce a certain result, acts with what level of intent?
- Aknowing
- Bpurposeful
- Creckless
- Dnegligent
90The prosecution is the representative from which branch of the government?
- Aexecutive
- Blegislative
- Cjudicial
- Dnone
91Common law was created by _______________.
- Ajudges
- Bparliament
- Cthe people
- Dthe u.s. congress
92Which of the following rights are not found in the sixth amendment?
- Atrial by an impartial jury
- Bpublic trial
- Crepresentation by counsel
- Ddefendant not required to testify
93Robbery is classified as what type of crime?
- AViolent
- BProperty
- CSocial
- DMoral
94The right to counsel is guaranteed by which amendment to the constitution?
- A4th
- B5th
- C6th
- D8th
95which of the following is the most common court function?
- AAdjudication
- BOversight
- CPrecedent
- DStare Decisis
96Which commonly held right is not expressly given in the Bill of Rights but is merely inferred?
- ARight to freedom of press
- Bright to privacy
- Cright to freedom from excessive bail
- Dright to trial by an impartial jury
97Which of the following is not considered a crime against property?
- ABurglary
- BRobbery
- CTheft
- DForgery
98Witnesses who possess certain qualifications or credentials are knows as _____________.
- AProfessional witnesses
- Bexpert witnesses
- Ccareer witnesses
- Dresearch witnesses
99What holds the government to the rule of law?
- Adue process
- Bprecedent
- Cinquisition
- Dadjudication
100Rights that are "essential to the concept of ordered liberty" are referred to as _______________.
- Afundamental rights
- Bhuman rights
- Ccitizens rights
- Dliving rights
101The [blank_start]prosecutor[blank_end] provides provides the first opening statement in a criminal trial
- Aprosecutor
102A police officer must have [blank_start]probable cause[blank_end] to make an arrest without a warrant.
- Aprobable cause
103Which justification of punishment emphasizes that the offender should be held responsible for his/her actions?
- Adue process model
- Bcrime control model
- Cretributive justifications
- Dutilitarian justifications
104A prosecutor must prove her case by proof [blank_start]beyond reasonable doubt[blank_end] to overcome the presumption of innocence in a criminal trial
- Abeyond reasonable doubt
105Under which theoretical policy do prosecutors only file charges if they feel they have sufficient evidence and a good chance of conviction?
- ALegal sufficiency
- Btrial sufficiency
- Csystem efficiency
- Ddefendant rehabilitation
106What may happen following a sentence of death?
- AThe sentence may be overturned by an appellate court
- Bthe sentence might be commuted to life in prison
- Cthe offender might die in prison
- Dall of these may happen
107The right of a defendant to confront witness against him is found in the [blank_start]6th[blank_end] amendment.
- A6th
108Which of the following is not one of the primary legal factors that prosecutors use to judge convictability?
- Aseriousness of the offense
- Bstrength of evidence in the case
- Cculpability of the defendant
- Dseverity of possible punishment
109Which theory of incapacitation involves predicting that an individual offender, or offenders with certain characteristics, will commit additional crimes if not locked up?
- ASelective incapacitation
- Bspecific incapacitation
- Cgeneral incapacitation
- Dcollective incapacitation
110The right against self-incrimination is found in the [blank_start]5th[blank_end] amendment
- A5th
111which of the actors in the criminal court system benefit from plea bargaining?
- Aprosecutors
- Bdefense attorneys
- Cvictims
- Dall of the above
112Making 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?
- Aretribution
- Bdeterrence
- Cincapacitaiton
- Drehabilitation
113Evidence such as sworn in statements of witnesses and victimes are known as [blank_start]testimonial[blank_end] evidence
- Atestimonial
114which of the following is an alternative to indictment by a grand jury?
- Apetty indictment
- Bdue process indictment
- Cbill of charge
- Dinformation
115What punishment justification states that the punishment should be sufficient to put weight the benefits of the crime?
- Aretribution
- Bdeterrence
- Cincapacitation
- DRehabilitation
116which of the following is an example of direct evidence?
- Afingerprints found on murder weapon
- Ba receipt for purchase of a gun used in crime
- Ctestimony of an eye witness
- Dtelephone records of calls between a victim and a defendant
117A bifurcated trail is one that ________________________.
- Ainvolves to separate proceedings, one for guilt and a second for punishment
- Ballows for non-unanimity of the jury
- Cinvolves at least two co-defendants
- Dis held to charge the defendant with two or more offenses
118Charges filed against a defendant are outlined in an information or an [blank_start]indictment[blank_end]
- Aindictment
119The act of swearing in witnesses is done to ensure the ________________ of his/her testimony
- Acompetence
- Brelevance
- Cimpact
- Dquality
120At which point in the criminal process for a felony offense is the defendant formally notified of the charges?
- ABooking
- Binitial appearance
- Carraignment
- Dduring the pretrial motions
121The argument against the death penalty on the grounds that is is "cruel and unusual" stems from the [blank_start]8th[blank_end] amendment.
- A8th
122IN a jury trial, the [blank_start]jury[blank_end] determines the facts of the case.
- Ajury
123The [blank_start]8th[blank_end] amendment provides that "excessive bail shall not be required."
- A8th
124Under which system of sentencing does the judge sentence the offender to a fixed or set term within a range established by the legislative?
- Aintermediate sentencing
- Bdeterminate sentencing
- CMandatory sentencing
- DSentencing guidelines
125which of the following is a concern among many regarding jury instructions?
- Athey bias the jury against the defense
- Bthey bias the jury against the prosecution
- Cthey are too difficult to understand
- Dthey do not provide enough information
126A motion for [blank_start]discovery[blank_end] is a pre trial motion request for evidence
- Adiscovery
127defendants are entitles to a trial by jury for _______________________
- Aall trials
- Ball cases that may result in imprisonment for more than 90 days
- Call cases that may result in imprisonment for more than six months
- Dall cases that may result in imprisonment
128Which fo the following are researchers typically made unable to do when conduction jury research
- Aobserve jury deliberations
- Bhold mock juries
- Cinterview jurors
- Dobserve trials
129which of the following is not one of the reasons plea bargaining became more common over time?
- ALess concern over defendants rights
- Bincreasing complexity of the system
- Cincreasing number of cases
- Dincreasingly competent defense representation
130what intermediate sanction is used the least often in the united states?
- ABoot camps
- Bhouse arrest
- Ccommunity service
- Dmonetary fines
131In most states, in order to convict a defendant what is the maximum number of jurors who can vote to acquit
- A0
- B1
- C2
- D3
132Ad hoc plea bargaining refers to _______________________.
- Aplease made after the prosecution has rested its case at trial
- Bplease made after both sides have rested their case at trial
- Cpleas involving unusual concessions made by the defendant
- Dpleas initially rejected by the defense but later accepted
133According to some research, defendants who are ____________________ receive harsher sentences.
- Ayoung adults
- Bwhite
- Cfemale
- Dhigh socioeconomic status
134What hypothesis suggests that when the evidence is uncertain, jurors are :"liberated" from the contraints imposed by the law and therefore feel free to take legally irrelevant factors into consideration?
- AThe jury nullification hypothesis
- Bthe liberation hypothesis
- Cjury hypothesis
- Dnone of these
135A motion for [blank_start]change of venue[blank_end] is the type of motion used to move a case to another jurisdiction
- Achange of venue
136Which of the following appears to have no impact on the harshness of sentencing?
- ADefendants education
- Bdefendants employment status
- Cdefendants family status
- Dall of these affect sentencing
137Which of the following is not suggested by research as a major factor influencing the decisions made by a prosecutor regarding plea bargains?
- AStrength of evidnce
- Bseriousness of the offense
- Cdefendants criminal record
- Ddefendants family status
138Typically, the [blank_start]judge[blank_end] reads the verdict of a jury.
- Ajudge
139which of the following may limit the sentencing decision of judges?
- Asentencing guidelines
- Btype of sentencing system
- Crelationships with members of the courtroom work group
- Dall of these
140The [blank_start]5th[blank_end] amendment requires the federal government to take a case forward by means of a grand jury indictment
- A5th
Informationen
- Beschreibung
- Quiz am Brie final, erstellt von Brieanna Gonzales-Moore am 12/12/2019.
- Sprache
- English
- Aufrufe
- 5
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