Quiz
Unit 2 CJC 250
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Questions in this quiz (141)
1In Barker v. Wingo, the Court held that the right to a speedy trial:
- Awas an absolute constitutional mandate.
- Bwas violated by a five-year delay.
- Cis a relative, not an absolute, right.
- Dis a right of the prosecution but not the defense
2Most state speedy trial laws are designed to protect:
- Athe state.
- Bjudicial integrity.
- Cthe prosecutor.
- Ddefendants.
3Plea bargaining predates any of the modern problems of the courthouse.
- ATrue
- BFalse
4Who is the record keeper for the court, often responsible for summoning potential jurors?
- Asecretary
- Bcourt reporter
- Claw clerk
- Dclerk of court
5Each of the following are actors in “corrections” EXCEPT:
- Adiversion program representative.
- Bbail agent.
- Cprobation officer.
- Dpretrial services representative.
6What happens with most complaints about attorney misconduct?
- AThe attorney is disbarred.
- BThey are dismissed due to insufficient evidence.
- CThe complainant receives a settlement.
- DThe defendant loses in court.
7A problem common to all organizations, courts included, is the need to break in new members, a process known as:
- Asocialization.
- Bdiscretion.
- Cfraternize.
- Dnormalizing.
8Discretion is exercised at every key decision point within the criminal justice system.
- ATrue
- BFalse
9How are newcomers to a courtroom taught formal requirements of the job and informal rules of behavior?
- Adiscretion
- Bsocialization
- Ctraining
- Dmutual interdependence
10The courtroom workgroup includes all who appear in the courtroom at any trial.
- ATrue
- BFalse
11The text refers to sanctions as a:
- Apat on the back.
- Bhigh five.
- Ccarrot.
- Dstick.
12CASE 5.2
The regular participants in the day-to-day activities of a courtroom include the judge, prosecutor, and defense attorney. There, actors in the courtroom often make decisions without reference to specific rules or facts. The decisions made by these actors allow the courtroom process to flow smoothly and enable the speedy processing of defendants.
What is the name of the concept that describes the network of ongoing relationships among courthouse actors?- Acourtroom personnel
- Bcourtroom security
- Ccourtroom work group
- Dcourtroom ethics
13Various researchers have found that the passage of speedy-trial laws in many states has led to:
- Aa much more rapid handling of cases.
- Ba decrease in the speed of case flow.
- Cthe hiring of considerably more judges and attorneys.
- Dlittle change in disposition time.
14The American Bar Association recommends that all felony cases reach disposition within:
- Aone year of arrest.
- Bsix months of filing.
- Cone year of filing.
- Dsix months of arrest.
15Most cases end in a plea of guilty.
- ATrue
- BFalse
16Each of the following are actors in “law enforcement” EXCEPT:
- Abailiff.
- Bcourt security staff.
- Cprosecutor.
- Dsheriff’s deputy.
17[blank_start]Discretion[blank_end] is best defined as the lawful ability of an agent of government to exercise choice in making a decision.
- ADiscretion
18According to the chapter, which of the following BEST explains why few cases receive individual treatment?
- Adiscretion
- Bthe dynamics of the courtroom work group
- Cspeedy-trial laws
- Dassembly-line justice
19Which amendment provides for the right to a speedy and public trial?
- AFourth Amendment
- BSixth Amendment
- CSeventh Amendment
- DFifth Amendment
20Which of the following courtroom actors works mostly behind the scenes?
- Abailiffs
- Bdefendants
- Clawyers
- Dcourt administrators
21CASE 5.1
Sixteen times Willie Barker’s murder case was set for trial, and 16 times it was continued. At first the defense readily agreed, gambling that Barker’s codefendant would be found not guilty. Thus, some of the continuances were caused by the six separate trials before the codefendant was finally convicted. Other continuances were granted because of the illness of the police investigator. It was not until five years after arrest that Barker was convicted of murder
Which right did Barker’s lawyer argue was violated?- ASixth Amendment right to a speedy trial
- BEighth Amendment right to a speedy trial
- CSeventh Amendment right to a speedy trial
- DFourth Amendment right to a speedy trial
22The [blank_start]judge[blank_end] is the officer who presides in a court of law.
- Ajudge
23The court case Barker v. Wingo is concerned with what constitutional guarantee?
- Athe right to an attorney
- Bfree speech
- Cthe right to a speedy trial
- Dfreedom from unreasonable search and seizure
24The typical remedy for legal mistakes during the trial is a(n) [blank_start]appellate[blank_end] court reversal.
- Aappellate
25Legal ethics seek to ensure clients that their lawyers are working in their best interests.
- ATrue
- BFalse
26In front of the bench are two tables for the defense and prosecution, respectively.
- ATrue
- BFalse
27Historically, court [blank_start]delay[blank_end] was considered a problem because it jeopardized the defendant’s right to a speedy trial.
- Adelay
28A discretionary decision based on decision makers’ values and attitudes reflects:
- Apersonal philosophies.
- Bpolicy priorities.
- Cjudicial restraints.
- Dlegal judgments.
29Which concept is directly related to the reality that the criminal courthouse is not a single organization but rather a collection of separate institutions that gather in a common workplace?
- Aassembly-line justice
- Bdiscretion
- Clegal ethics
- Dmutual interdependence
30The shared decision making of the courtroom work group helps to diffuse responsibility.
- ATrue
- BFalse
31Which of the following is NOT a member of the courtroom work group?
- Aprosecutor
- Bdefendant
- Cjudge
- Ddefense attorney
32Interactions between members of the courtroom work group strictly follow the adversarial model.
- ATrue
- BFalse
33The [blank_start]bailiff[blank_end] is responsible for maintaining order in the courtroom.
- Abailiff
34Maverick defense attorneys:
- Aare seldom able to negotiate the most lenient sentences.
- Bwork cooperatively with prosecutors to resolve cases quickly.
- Cmost often get the best plea bargains for their clients.
- Dgenerally have few sanctions imposed on them.
35In [blank_start]horizontal[blank_end] prosecution, separate prosecutors are assigned to specific court functions, such as initial appearance, charging, grand jury, trial, or appeal.
- Ahorizontal
36An officer of the court has a duty to see that justice is done.
- ATrue
- BFalse
37The three major agencies involved in prosecution in state courts are the state attorney general, the chief prosecutor, and the local prosecutor.
- ATrue
- BFalse
38Of the following, who is the only official who works closely with police officers?
- Aprosecutor
- Bdefense attorney
- Cjudge
- Dprobation officer
39The U.S. Solicitor General is sometimes referred to as the [blank_start]Tenth[blank_end] Justice.
- ATenth
40Which of the following is among the ethical issues faced by prosecutors?
- Ahow much evidence to disclose to the defense
- Bhow much information to release to the public
- Cwhether to prosecute a given defendant
- DAll of these answers are among the ethical issues faced by prosecutors.
41The office of the prosecutor is part of the [blank_start]Executive[blank_end] branch of government.
- AExecutive
42In [blank_start]Vertical[blank_end] prosecution, a prosecutor is assigned a case from intake to appeal.
- AVertical
43Large prosecutors’ offices generally employ which type of prosecution?
- Ahorizontal
- Bstreamlined
- Cvertical
- Ddirected
44The U.S. attorney general is a member of the president’s cabinet
- ATrue
- BFalse
45CASE 6.2
Ethical issues facing prosecutors are very different from those confronting defense attorneys because prosecutors do not represent individual clients. Prosecutors often define their jobs as representing victims of crime and the police, but these are not typically considered to fit under the attorney–client relationship. Rather, the client of the prosecutor is the government, and for this reason prosecutors are given special responsibilities
Prosecutors enjoy which kind of immunity from civil liability for everything they do with regard to the core prosecutorial functions of initiating criminal charges and pursuing criminal convictions as the government's advocate?- Aabsolute immunity
- Bcomprehensive immunity
- Cpartial immunity
- Dqualified immunity
46The great majority of the nation’s prosecutors’ offices are large ones.
- ATrue
- BFalse
47U.S. attorneys and their assistants prosecute the vast majority of criminal cases in federal courts.
- ATrue
- BFalse
48A state attorney general typically exercises great authority over local criminal proceedings.
- ATrue
- BFalse
49Prosecutors consider both legal and extra-legal focal concerns when making a charging decision. Which of the following is an extra-legal focal concern?
- Adegree of harm caused by the offense
- Bdegree of cooperation by the defendant
- Csocioeconomic status of the victim
- Dlikelihood of prosecution in another jurisdiction
50Prosecutors enjoy absolute immunity from civil lawsuits when acting as courtroom advocates.
- ATrue
- BFalse
51Prosecution in the United States is highly centralized.
- ATrue
- BFalse
52Which of the following is NOT a term used to refer to chief prosecutors?
- Adistrict attorney
- Bcounty attorney
- Cprosecuting attorney
- Dattorney general
53Researchers find that attempts by supervisors to control the work of assistant district attorneys tend to:
- Areduce stress, especially among newly hired assistant district attorneys.
- Bincrease morale because such efforts lead to fewer differences in the handling of cases among assistant district attorneys.
- Clead to greater respect for the district attorney because a clear policy is articulated.
- Derode the morale of the office.
54Appellate courts cannot place restrictions on the exercise of prosecutorial power during the trial itself.
- ATrue
- BFalse
55In the federal courts, the U.S. Attorneys enjoy considerable autonomy from the U.S. Justice Department.
- ATrue
- BFalse
56U.S. attorneys and their assistants prosecute the vast majority of criminal cases in federal courts.
- ATrue
- BFalse
57Compared to their counterparts in England and in other European countries, American prosecutors enjoy unmatched independence and discretionary powers.
- ATrue
- BFalse
58Small prosecutors’ offices generally employ which type of prosecution?
- Ahorizontal
- Bstreamlined
- Cvertical
- Ddirected
59What is the title given to the state’s chief legal officer?
- Alead attorney
- Bstate attorney
- Cdistrict attorney
- Dattorney general
60The U.S. attorney general was the prosecutor in the Oklahoma City bombing case.
- ATrue
- BFalse
61More so than judges and defense attorneys, the prosecutor is the most powerful official in the criminal courts.
- ATrue
- BFalse
62Who is the prosecutor’s client?
- Athe defendant
- Bthe judge
- Cthe government
- Dthe victim
63Which of the following is billed as the world’s largest law firm?
- AFederal Bureau of Investigation
- BU.S. Department of Justice
- CU.S. State Department
- DU.S. Attorney’s Office
64The role of the prosecutor involves little discretion.
- ATrue
- BFalse
65The turnover rate among assistant district attorneys is relatively low.
- ATrue
- BFalse
66A prosecutor is a lawyer as well as a(n) [blank_start]officer[blank_end] of the court, whose primary responsibility is to see that justice is served.
- Aofficer
67Which of the following decisions is the exclusive domain of the prosecutor?
- Abail
- Bcharging
- Carraignment
- Dsentencing
68Complete freedom from civil liability is known as:
- Aqualified immunity.
- Bpartial immunity.
- Cimmunity.
- Dabsolute immunity.
69In which of the following cases was it decided that defendants have the right to self-representation?
- AJohnson v. Zerbst
- BBetts v. Brady
- CIn re Gault
- DFaretta v. California
70Public clients are skeptical about the skills of their lawyers.
- ATrue
- BFalse
71The criminal lawyer’s most important commodity in securing clients is his or her reputation.
- ATrue
- BFalse
72Which issue related to the right to counsel did Padilla v. Kentucky involve?
- Aineffective assistance of counsel
- Bplea bargains
- Cmental illness
- Dself-representation
73Defense attorneys are the most powerful members of the courtroom work group.
- ATrue
- BFalse
74The U.S. Supreme Court has ruled that the effective assistance of counsel is a right protected by the [blank_start]Sixth[blank_end] Amendment.
- ASixth
75Which of the following statements is true regarding the U.S. Supreme Court’s decision in Gideon v. Wainwright?
- AThe decision was highly controversial.
- BThe Court focused on the need for a lawyer at all stages of the criminal justice system.
- CThe Court decided that judges could not prevent a defendant from bringing a lawyer to court.
- DThe Court declared that lawyers in criminal courts are necessities, not luxuries.
76An advantage to the public defender system is that:
- Ait likely provides more experienced counsel.
- Bexcellent private attorneys may be appointed.
- Clegal fees are kept down because attorneys compete for clients.
- Dthe due process model is more likely to be followed.
77Defense attorneys are not allowed to be present during grand jury hearings.
- ATrue
- BFalse
78Which of the following U.S. Supreme Court decisions held that defendants have the right to court-appointed counsel during custodial interrogations?
- AGideon v. Wainwright
- BTerry v. Ohio
- CMiranda v. Arizona
- DPlessey v. Ferguson
79The three major ways of providing indigents with court appointed attorneys are: (1) assigned counsel, (2) contract systems, and (3) public defender. Which of the following is true about these differing ways of providing indigents with court appointed attorneys?
- AStudies find no major differences between these three systems in results achieved.
- BStudies find assigned counsel is better in results achieved.
- CStudies find contract systems are better in results achieved.
- DStudies find public defenders are better in results achieved.
80Like prosecutors, defense attorneys are [blank_start]officers[blank_end] of the court, who must fulfill their responsibilities within the framework established by legal ethics.
- Aofficers
81Lawyers must always do what their clients ask them to do.
- ATrue
- BFalse
82In regard to ineffective assistance of counsel, appellate courts must reverse only if the proceedings were fundamentally unfair and the outcome would have been __________ if counsel has not been ineffective.
- Adifferent
- Bworse
- Cbetter
- Dsame
83As written by the framers of the U.S. Constitution more than 200 years ago, the right to counsel meant only that a judge could not prevent a defendant from bringing a lawyer to court. Thus, it affected only those who could afford to hire their own lawyers.
- ATrue
- BFalse
84The method by which defense attorneys seek to reach the best possible solution for their clients is directly related to their relationships with other members of:
- Athe prosecutor’s office.
- Bthe police department.
- Ctheir law office.
- Dthe courtroom work group.
85Criminal lawyers are more concerned than other lawyers with collection of the fee—after all, their clients are mostly criminals.
- ATrue
- BFalse
86CASE 7.1
Like many other provisions of the U.S. Constitution, the Sixth Amendment has a different meaning today than it did when it was first ratified. In a landmark decision, the U.S. Supreme Court held that, based on the Sixth Amendment’s provision of right to counsel, indigent defendants charged with a felony are entitled to the services of a lawyer paid for by the government (Gideon v. Wainwright, 1963). Later, the Sixth Amendment right to counsel was extended to juvenile court proceedings as well (In re Gault, 1967). But as so often happens, answering one question raised several new ones.
Which of the following issues did the court wrestle with following the Gideon decision?- Anonfelony criminal prosecutions
- Bstages of the criminal process
- Cself-representation
- DThe court wrestled with all of these issues following the Gideon decision.
87Legal ethics place no limits on attorneys in defense of clients.
- ATrue
- BFalse
88The term pro bono means that:
- Aindigent defendants are entitled to court-appointed counsel.
- Battorneys work free of charge.
- Cdefendants may represent themselves.
- Dan attorney will be selected from a list of practicing attorneys in a jurisdiction.
89Which standard was applied in the Court’s most significant holding in 1984 as the proper criterion to be applied in making a determination of the ineffectiveness of counsel?
- Aan “objective standard of reasonableness”
- Ba “subjective standard of reasonableness”
- Ca “partial standard of reasonableness”
- Da “qualified standard of reasonableness”
90__________ percent of felony defendants cannot afford to hire their own lawyer.
- ATwenty-five
- BForty-three
- CSixty-eight
- DEighty-two
91Prosecutors prefer to deal with inexperienced defense attorneys.
- ATrue
- BFalse
92The right to self-representation is also referred to by the Latin term:
- Apro se.
- Bmala in se.
- Cpro bono.
- Dmens rea.
93Statements made by a client to his or her attorney are considered privileged communication.
- ATrue
- BFalse
94Which Amendment provides the right to counsel?
- AFourth Amendment
- BFifth Amendment
- CSixth Amendment
- DSeventh Amendment
95The [blank_start]Sixth[blank_end] Amendment states that “in all criminal prosecutions the accused shall enjoy the right… to have assistance of counsel for his defense.”
- ASixth
96CASE 7.2
Is it enough to have a lawyer? Must the lawyer also be competent and effective? The U.S. Supreme Court has recognized the effective assistance of counsel as essential to the Sixth Amendment guarantee (McMann v. Richardson, 1970).
The Court’s most significant holding regarding the effective assistance of counsel came in 1984 in which case?- AStrickland v. Washington
- BMiranda v. Arizona
- CUnited States. v. Wade
- DBrady v. United States
97Which method of providing legal representation for indigent defendants has been found to violate the Fifth and Sixth Amendments to the U.S. Constitution by at least one state supreme court?
- Aassigned counsel system
- Bcontract system
- Cpublic defender system
- Dpro bono system
98More than __________ percent of defendants are described by their attorneys as passive participants in the overall defense.
- A10
- B25
- C35
- D50
99Defendants may view their public defender as similar to the prosecutor.
- ATrue
- BFalse
100What is the term for protected statements between an attorney and client?
- Apro bono
- Bpro se
- Cassigned counsel
- Dprivileged communication
101Public clients are skeptical about the skills of their lawyers.
- ATrue
- BFalse
102There are few appellate court reversals on the grounds of ineffective assistance of counsel.
- ATrue
- BFalse
103Obtaining clients is only half of the problem facing private attorneys who represent criminal clients. The second half is:
- Awinning the case.
- Bgetting clients to cooperate.
- Ccollecting evidence.
- Dgetting paid.
104Despite the legal presumption of innocence, once defendants are arrested, the public assumes they are guilty.
- ATrue
- BFalse
105Legal ethics seek to ensure that lawyers will zealously advocate for their clients.
- ATrue
- BFalse
106Which issue related to the right to counsel did Padilla v. Kentucky involve?
- Aineffective assistance of counsel
- Bplea bargains
- Cmental illness
- Dself-representation
107Incumbent judges are very likely to be voted out of office.
- ATrue
- BFalse
108Critics of judicial elections assert that they are fundamentally inconsistent with the principle of judicial independence.
- ATrue
- BFalse
109Which system is likely to produce judges who have held political office?
- Athe appointment system
- Bthe merit system
- Cthe Missouri system
- Dthe election system
110Federal judges are never elected.
- ATrue
- BFalse
111A recent study of judicial voting in thousands of cases showed that in most areas of law the decisions of female and male judges:
- Aare always different.
- Bare never different.
- Care rarely different.
- Dare often different.
112Because of the special role that judges occupy in the adversary system, they are subject to additional [blank_start]ethical[blank_end] constraints beyond those imposed on lawyers.
- Aethical
113What happened to three Iowa Supreme Court justices who ruled that a state law banning same-sex marriage violated the state constitution?
- ANothing happened to the judges.
- BThey were found guilty of ethical violations.
- CThey were impeached.
- DThey were removed from office.
114Merit selection is commonly referred to as the:
- AMissouri Bar Plan.
- BNew York Bar System.
- CDelaware Selection Method.
- DCalifornia System.
115Federal judges are appointed for how long?
- Aten-year terms
- Bsix-year terms
- Cfour-year terms
- Dlife
116With regard to judicial elections, the U.S. Supreme Court has ruled that:
- Ajudges cannot be elected in ways that place minority candidates at an unfair disadvantage.
- Bthose who draw election districts must consider whether white voters are likely to vote for minority candidates.
- Cit is legal to elect judges from an entire judicial district, which may unfortunately dilute black voting strength.
- Drace is a permissible consideration in drawing congressional voting districts.
117Which of the following statements is true about judicial conduct commissions?
- AThe hearings are open to the public.
- BThe commission investigates all complaints brought to its attention.
- CThe commission has the authority to remove judges from the bench.
- DNone of these are true about judicial conduct commissions.
118Research indicates that whether elected by voters, appointed by the governor, or selected through merit plans, state judges are more alike than different.
- ATrue
- BFalse
119In operation, the Missouri Bar Plan increases the power and role of the legal profession in judicial selection.
- ATrue
- BFalse
120A critical issue in judging the judges is how to devise a system for removing unfit judges while at the same time guaranteeing judicial [blank_start]independence[blank_end].
- Aindependence
121All states that have altered judicial selection techniques in recent years have adopted some form of:
- Alegislative appointment.
- Bmerit selection.
- Celection.
- Dexecutive appointment.
122The Senate [blank_start]Judiciary[blank_end] Committee holds a hearing on Presidential judicial nominees before the full Senate votes to confirm the nomination.
- AJudiciary
123If a complaint against a state judge is serious, the state judicial commission may remove the judge from office.
- ATrue
- BFalse
124The U.S. Constitution specifies that the President of the United States has the power to nominate judges with the advice and consent of the:
- AU.S. Senate.
- BJudicial Conduct Commission.
- CU.S. Supreme Court.
- DU.S. Department of Justice.
125Which minority has the largest representation on benches of state court?
- AAsian American
- BNative American
- CHispanic
- DAfrican American
126Which form of judicial selection requires judges to face a retention ballot after a short time in office?
- Amerit selection
- Bgubernatorial appointment
- Cpartisan election
- Dlegislative appointment
127Judges may award jobs to friends, relative, campaign workers, and party members.
- ATrue
- BFalse
128“Judge shopping” rarely occurs in large urban courts.
- ATrue
- BFalse
129CASE 8.3
For most Americans, the judge is the symbol of justice. Of all the actors in the criminal justice process, the public holds the judge most responsible for ensuring that the system operates fairly and impartially. And most certainly the trappings of office—the flowing black robes, the gavel, and the command “All rise!” when the judge enters the courtroom—reinforce this mystique. As important as these symbols are, they sometimes raise obstacles to understanding what judges actually do and how they influence the criminal justice process.
The formal powers of judges extend:- Afrom the time an offender commits a crime to prison.
- Bfrom arrest throughout the criminal court process.
- CNone of these answers is correct.
- Dthroughout the criminal court process.
130Most U.S. Supreme Court justices attended Ivy League universities.
- ATrue
- BFalse
131In Indiana, a judge may decide that a case cannot continue on to trial because s/he believes there is no probable cause that an offense was committed.
- ATrue
- BFalse
132CASE 8.2
A U.S. district judge pled guilty to obstruction of justice for lying to judges who investigated sexual misconduct complaints. Sentenced to 33 months in federal prison in May 2009, the judge attempted to retire from the bench, thereby allowing him to draw his salary. He was impeached and resigned from the bench in disgrace, effectively ending his impeachment trial.
Who impeached the U.S. district judge?- Athe judicial commission
- Bthe House of Representatives
- Cthe Senate
- Dthe Supreme Court
133Judges are the most prestigious members of the courtroom work group.
- ATrue
- BFalse
134A judge’s office is commonly referred to as [blank_start]chambers[blank_end].
- Achambers
135In carrying out responsibilities in court, judges mainly react to the work of prosecutors and:
- Adefense attorneys.
- Bstenographers.
- Cinterpreters.
- Dcourt reporters.
136The Senate is the entity that votes on articles of impeachment.
- ATrue
- BFalse
137The U.S. Constitution specifies that all Article III federal judges are to be chosen by which form of selection?
- Abipartisan elections
- Bpartisan elections
- Cexecutive appointment
- Dmerit selection
138Which system is likely to produce judges who have held political office?
- Athe Missouri system
- Bthe merit system
- Cthe election system
- Dthe appointment system
139Which minority has the smallest representation on benches of state court?
- AAsian American
- BNative American
- CAfrican American
- DHispanic
140If the proceedings of a federal judge impeachment went to trial, who would conduct the trial?
- Athe Senate
- Bthe Supreme Court
- Cthe judicial commission
- Dthe House of Representatives
141The average salary of general jurisdiction trial judges is approximately:
- A$175,000.
- B$140,000.
- C$115,000.
- D$200,000.
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- Quiz on Unit 2 CJC 250, created by Hannah LaMaine on 29/09/2019.
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- Hannah LaMaine
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