Lindsay Deems
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Chapters #7, #8, #9

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Lindsay Deems
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Criminal Justice Test #3

Question 1 of 57

1

Which of the following statements best describes the jurisdiction of a court?

Select one of the following:

  • It is the territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by a statute or constitution

  • It is the provision which allows courts to grant pretrial release of a criminal defendant on his or her written promise to appear in court as required

  • It is the formal written accusation submitted to a court by a grand jury, alleging that a specified person who has committed a specified offense.

  • It is the power of a court to review only the actions and decisions made by other agencies of government

Explanation

Question 2 of 57

1

Which of the following was not suggested by proponents of state court reform in order to create a uniform judiciary model for all states?

Select one of the following:

  • centralizing a state court authority

  • centralizing court structure

  • consolidating courts with overlapping jurisdictions

  • combining original and appellate jurisdiction

Explanation

Question 3 of 57

1

Which of the following is an example of an original-jurisdiction case?

Select one of the following:

  • Matt appeals in a higher court against a lower court's decision in favor of his landlord

  • A court of appeals upholds Carlos' conviction in a sexual harassment case by a state trial court

  • Brian is arrested for identity theft and is tried in a state trial court

  • Mary approaches a state supreme court to review the state trial court's decision to charge her with grand larceny

Explanation

Question 4 of 57

1

Which of the following cases is most likely to be settled in a dispute-resolution center?

Select one of the following:

  • Sean is charged with aggravated assault for physically abusing his wife

  • Jacob is arrested for raping and killing a ten-year-old girl

  • Robert is caught stealing groceries from a local store

  • Leslie is arrested for using illegal drugs

Explanation

Question 5 of 57

1

________ is the power of a court to reconsider the actions and decisions made by other agencies of government.

Select one of the following:

  • Arraignment

  • Judicial review

  • Original jurisdiction

  • Jurisprudence

Explanation

Question 6 of 57

1

Which of the following alternatives to bail places a court in the role of a bond agent, allowing a defendant to post a percentage of a full bail with the court?

Select one of the following:

  • signature bond

  • deposit bail

  • release on recognizance

  • conditional release

Explanation

Question 7 of 57

1

Brian, a suspect in a robbery case, signs a document which says that the trial court of Alabama can seize his house and car if he does not appear on his trial date. Which of the following alternatives to bail does this scenario illustrate?

Select one of the following:

  • an unsecured bond

  • a property bond

  • a deposit bail

  • a third-party custody

Explanation

Question 8 of 57

1

Which of the following scenarios illustrates an arraignment?

Select one of the following:

  • Deborah, an accused in a robbery case, is released on a deposit bail

  • William, an accused in a murder case, is arrested and immediately presented before a magistrate. The magistrate informs William of his rights.

  • Arun, an accused in a homicide case, is presented before a trial court with original jurisdiction for the first time. The judge allows him to enter a plea.

  • Santiago, an accused in a rape case, is released when his attorney gives assurance that Santiago will appear in court as required.

Explanation

Question 9 of 57

1

One purpose of ________ is to help ensure the reappearance of the accused at trial.

Select one of the following:

  • adjudication

  • arraignment

  • plea

  • bail

Explanation

Question 10 of 57

1

Which of the following provides the first appellate level for courts of limited jurisdiction?

Select one of the following:

  • courts of last resort

  • trial courts of general jurisdiction

  • intermediate appellate courts

  • district courts

Explanation

Question 11 of 57

1

How many regional courts of appeal are there in the United States?

Select one of the following:

  • 12

  • 10

  • 6

  • 60

Explanation

Question 12 of 57

1

Which of the following is NOT part of the structure developed by states that follow the federal court model?

Select one of the following:

  • trial courts of limited jurisdiction

  • trial courts of general jurisdiction

  • appellate courts

  • special-purpose courts

Explanation

Question 13 of 57

1

A formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed a specified offense, is known as a(n) ________.

Select one of the following:

  • information

  • plea

  • arraignment

  • bail

Explanation

Question 14 of 57

1

Bob consigned all of his stock holdings to the court as collateral against pretrial flight. What type of bail did he post?

Select one of the following:

  • unsecured bond

  • property bond

  • deposit bail

  • signature bond

Explanation

Question 15 of 57

1

Which of the following is NOT a characteristic of the U.S. Supreme Court?

Select one of the following:

  • The U.S. Supreme Court is the highest federal court

  • The U.S. Supreme Court consists of nine justices

  • The U.S. Supreme Court wields immense power

  • The U.S. Supreme Court justices serve for eight years

Explanation

Question 16 of 57

1

A formal written accusation submitted to the court by a grand jury, alleging that a specified person has committed a specified offense, usually a felony, is known as an ________.

Select one of the following:

  • arraignment

  • indictment

  • assessment

  • enforcement

Explanation

Question 17 of 57

1

Which of the following refers to the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts?

Select one of the following:

  • overlapping jurisdiction

  • limited jurisdiction

  • appellate jurisdiction

  • original jurisdiction

Explanation

Question 18 of 57

1

Courts that have the authority to review a decision made by a lower court are said to have ________.

Select one of the following:

  • special jurisdiction

  • original jurisdiction

  • appellate jurisdiction

  • limited jurisdiction

Explanation

Question 19 of 57

1

Which of the following is the least likely requirement to become a judge in general jurisdiction and appellate courts in almost all states?

Select one of the following:

  • Be above the age of 35

  • hold a law degree

  • be a licensed attorney

  • be a member of his or her state bar association

Explanation

Question 20 of 57

1

Jane conducts a criminal proceeding against a serial rapist on behalf of Gia, a rape victim, in a state court. In this scenario, Jane is most likely to be a ________.

Select one of the following:

  • public defender

  • prosecutor

  • private attorney

  • bailiff

Explanation

Question 21 of 57

1

Who among the following is most likely a public defender?

Select one of the following:

  • Sean, who represents a state's case against Rick, a defendant, in a state court.

  • Roger, a practicing criminal attorney, is appointed by a state trial court to represent a defendant in a murder case.

  • Nadia, a partner in a law firm, represents a defendant in a case of embezzlement.

  • Farah, who is employed by a state, represents a defendant who cannot afford a lawyer in a rape case.

Explanation

Question 22 of 57

1

Christian, a management consultant, is required by a state court to listen to the evidence presented during trial and determine whether Valerie, an accused in a murder case, is guilty or not guilty of the charges against her. In this scenario, Christian is most likely playing the role of a ________.

Select one of the following:

  • juror

  • victim

  • lay witness

  • defendant

Explanation

Question 23 of 57

1

Which of the following amendment's requirement of a public trial supports the right of reporters and spectators to be present at a criminal trial?

Select one of the following:

  • The First Amendment to the U.S. Constitution

  • The Sixth Amendment to the U.S. Constitution

  • The Eighth Amendment to the U.S. Constitution

  • The Fifth Amendment to the U.S. Constitution

Explanation

Question 24 of 57

1

________ refers to the issue of whether a defendant is actually responsible for the crime of which he or she stands accused.

Select one of the following:

  • Judicial review

  • Warrant

  • Verdict

  • Factual guilt

Explanation

Question 25 of 57

1

Which of the following is the first step in the criminal trial process?

Select one of the following:

  • trial initiation

  • jury deliberation

  • judge's charge to the jury

  • presentation of opening statements

Explanation

Question 26 of 57

1

Which of the following scenarios illustrates a challenge for cause during jury selection?

Select one of the following:

  • A defense attorney argues that the pool from which potential jurors are selected for a discrimination case is under representative of minority communities.

  • A defense attorney claims that a potential juror who was a victim of rape is likely to be partial against the defendant in a rape case.

  • A defense attorney dismisses two potential women jurors from a case involving a bank robbery without giving a reason.

  • A prosecuting attorney dismisses four potential jurors from a shoplifting case without giving any reason.

Explanation

Question 27 of 57

1

Proponents of the adversarial system believe the best way to determine truth is through

Select one of the following:

  • the use of coercive interrogation techniques

  • careful investigation and sharing of information

  • open combat between victim and accused

  • a free and open competition over who has the correct facts

Explanation

Question 28 of 57

1

Proponents of the adversarial system believe the best way to achieve justice is by

Select one of the following:

  • strict adherence to procedure

  • having flexible procedural rules

  • better policing

  • allowing judges to play a greater role in the proceedings

Explanation

Question 29 of 57

1

Proponents of the inquisitorial system believe the best way to determine truth is through

Select one of the following:

  • careful investigation and sharing of information

  • the use of coercive interrogation techniques

  • open combat between victim and accused

  • a free and open competition over who has the correct facts

Explanation

Question 30 of 57

1

According to a Gallup Poll, Americans rate ____ higher than ____ in terms of honesty and ethics.

Select one of the following:

  • judges/lawyers

  • lawyers/doctors

  • lawyers/judges

  • used car salesmen/lawyers

Explanation

Question 31 of 57

1

Which of the following is NOT a type of juror challenge?

Select one of the following:

  • peremptory challenges

  • challenges for cause

  • challenges to the array

  • challenges for knowledge

Explanation

Question 32 of 57

1

All of the following are considered professionals in the courtroom work group, EXCEPT the________.

Select one of the following:

  • defense attorney

  • victim

  • judge

  • prosecuting attorney

Explanation

Question 33 of 57

1

Which of the following is NOT another name for a prosecuting attorney?

Select one of the following:

  • district attorney

  • assigned counsel

  • state's attorney

  • solicitor

Explanation

Question 34 of 57

1

What is the primary purpose of any criminal trial?

Select one of the following:

  • instruction to meet the needs of trial judges

  • determination of the defendant's guilt or innocence

  • cooperation and communication with the police

  • recognition of informal rules of civility

Explanation

Question 35 of 57

1

In 1972, the Judicial Conference of the United States adopted a policy opposing ________ in district courts, and that policy was incorporated into the Code of Conduct for United States Judges.

Select one of the following:

  • broadcast of in-camera trials

  • media coverage of proceedings

  • movement of a trial to another location

  • broadcast of civil proceedings

Explanation

Question 36 of 57

1

Weapons, tire tracks, and fingerprints are examples of ________.

Select one of the following:

  • circumstantial evidence

  • exculpatory evidence

  • testimonial evidence

  • real evidence

Explanation

Question 37 of 57

1

Which of the following represents the order of the steps in a criminal trial?

Select one of the following:

  • jury selection, trial initiation, opening statements, presentation of evidence, closing arguments, the judge's charge to the jury, jury deliberations, the verdict

  • opening statements, jury selection, presentation of evidence, trial initiation, closing arguments, the judge's charge to the jury, jury deliberations, the verdict

  • trial initiation, jury selection, opening statements, presentation of evidence, closing arguments, the judge's charge to the jury, jury deliberations, the verdict

  • the judge's charge to the jury, jury selection, opening statements, trial initiation, presentation of evidence, closing arguments, jury deliberations, the verdict

Explanation

Question 38 of 57

1

Who is responsible for summoning members of the public for jury duty and subpoenaing witnesses for the prosecution and the defense?

Select one of the following:

  • the court administrator

  • the clerk of court

  • the bailiff

  • the court recorder

Explanation

Question 39 of 57

1

Criminal trials under the American system of justice are built around ________.

Select one of the following:

  • an adversarial system

  • a public defender system

  • the court system

  • the grand jury system

Explanation

Question 40 of 57

1

Court-appointed defense attorneys, whose fees are paid at a set rate by local or state government, are also called ________.

Select one of the following:

  • private counsel

  • public counsel

  • opposing counsel

  • assigned counsel

Explanation

Question 41 of 57

1

Which of the following best reflects the findings from Naomi Goodno's assessment of the three strikes law in California?

Select one of the following:

  • The law has clogged courts to the point that judges have filed lawsuits

  • The law was supported by 98% of all law enforcement officers in California

  • The law has resulted in more police officers being killed as two-strike offenders seek to avoid a third strike

  • The law has not strained the state budget or overcrowded prisons

  • The law increased the general public's fear of crime

Explanation

Question 42 of 57

1

Which of the following best reflects the decision made by the U.S. Supreme Court with regard to the Eighth Amendment and three strikes laws?

Select one of the following:

  • The Court ruled that it is neither cruel nor unusual to impose a life sentence for a nonviolent felony when the offender has a history of serious convictions

  • The Court decided to remain silent with regard to three strikes laws; instead, it deferred to the states to determine what was cruel or unusual

  • The Court ruled that it was cruel and unusual to include misdemeanors as one of the three strikes

  • The Court ruled that three strikes laws, in and of themselves, are inherently violations of the Eighth Amendment

  • The Court ruled that it is a violation of the Eighth Amendment to impose a life sentence for a nonviolent felony, regardless of an offender's history

Explanation

Question 43 of 57

1

Which of the following is accurate with regard to Elsa Chen's research regarding race, ethnicity, and three strikes laws?

Select one of the following:

  • African-Americans and American Indians were more likely than others to receive third-strike sentences, even when legally relevant variables were controlled

  • Hispanic-Americans were more likely than other groups to receive third-strike sentences, even when legally relevant variables were controlled

  • African-Americans and Hispanic-Americans were more likely than others to receive third-strike sentences, even when legally relevant variables were controlled

  • Whites and Hispanics were more likely than others to receive third-strike sentences, even when legally relevant variables were controlled

  • Whites were more likely than others to receive third-strike sentences, even when legally relevant variables were controlled

Explanation

Question 44 of 57

1

How many children are believed to be sexually victimized each year?

Select one of the following:

  • One million

  • Two-hundred thousand

  • Five million

  • Two million

Explanation

Question 45 of 57

1

Studies of recidivism rates for sexual offenders demonstrate that

Select one of the following:

  • all treatment programs are effective in reducing recidivism

  • treatment programs don't work

  • treatment programs don't work and offenders will all reoffend

  • some treatment programs work and some don't

Explanation

Question 46 of 57

1

Depending on the state, which of the following constitute sexual offenses?

Select one of the following:

  • Sexual acts with children

  • Sexual contact with children

  • Urinating in public

  • a and b only

  • all of the above

Explanation

Question 47 of 57

1

According to the most recent figures, how many registered sex offenders are there in the United States?

Select one of the following:

  • 500,000

  • Nearly 750,000

  • Two million

  • One million

Explanation

Question 48 of 57

1

According to the NVCAP, which is the most comprehensive victims' bill of rights?

Select one of the following:

  • Violent Crime Control and Law Enforcement Act of 1994

  • Victims' Rights and Protection Act of 2008

  • Victims of Crime Act of 1984

  • Victim and Witness Protection Act of 1982

Explanation

Question 49 of 57

1

Which of the following is a form of structured sentencing?

Select one of the following:

  • indeterminate sentencing

  • determinate sentencing

  • quasi-independent sentencing

  • contemporary sentencing

Explanation

Question 50 of 57

1

Which of the following is the primary sentencing tool of the "just deserts" model?

Select one of the following:

  • restitution

  • fine

  • probation

  • imprisonment

Explanation

Question 51 of 57

1

Which of the following cases determined that the method of execution of an offender may not create a substantial risk of wanton and unnecessary infliction of pain, torture, or lingering death?

Select one of the following:

  • Gregg v. Georgia

  • Baze v. Rees

  • Furman v. Georgia

  • Atkins v. Virginia

Explanation

Question 52 of 57

1

The U.S. Supreme Court has ruled that ________ must decide the facts that lead to a death sentence.

Select one of the following:

  • appellate courts

  • jures, not judges

  • high courts

  • judges, not juries

Explanation

Question 53 of 57

1

Under the indeterminate sentencing model, what is the primary determinant of the amount of time served?

Select one of the following:

  • inmate's behavior while incarcerated

  • leniency of the parole board

  • leniency of the judge

  • pressure from politicians

Explanation

Question 54 of 57

1

Which of the following refers to the goal of criminal sentencing that attempts to make the victim "whole again"?

Select one of the following:

  • retribution

  • deterrence

  • incapacitation

  • restoration

Explanation

Question 55 of 57

1

Who is the final arbiter of the actual sentence served in a state that relies on an indeterminate sentencing scheme?

Select one of the following:

  • the judge

  • the parole board

  • the governor

  • the prosecutor

Explanation

Question 56 of 57

1

Cooperating with the authorities, good character, and no prior record are examples of ________ circumstances.

Select one of the following:

  • unforeseen

  • aggravating

  • mitigating

  • compensatory

Explanation

Question 57 of 57

1

Which of the following is NOT one of the goals of contemporary sentencing?

Select one of the following:

  • restoration

  • rehabilitation

  • mitigation

  • incapacitation

Explanation