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Monday, February 16, 2009

Chapter 8 Test (Worksheet)

Criminal Justice Introduction

PCCUA CJI 113

Chapter 8 Test             J. F. Valley, Instructor

Student Name: _______________________               Date: ___________________

 

 

 

1.                  The justice system in the United States operates according to __________ principles.

a.       Adversarial

b.      Inquisitorial

c.       Civil law

d.      Authoritarian

e.       Totalitarian

2.                  Which of the following statements about U. S. District Courts is TRUE?

a.       They only exist in the ten largest states?

b.      They handle all criminal cases that arise in the country.

c.       They share appellate responsibilities with state supreme courts.

d.      They travel from town to town, as needed.

e.       They handle trial-level federal cases.
  

3.                   The three level of state courts are:

a.       appellate, district and limited jurisdictional

b.      appellate, general jurisdiction, and limited jurisdiction

c.       limited jurisdiction, commercial, and appellate

d.      general jurisdiction, limited jurisdiction and district

e.       commercial, district and appellate

4.                  Which two courts can appeal directly to the Supreme Court of the United States?

a.       District courts and courts of limited jurisdiction

b.      Circuit courts of appeals and trial courts of general jurisdiction

c.       Circuit courts of appeals and appellate courts of last resort

d.      Intermediate courts of appeals and district courts

e.       Trial courts of limited jurisdiction and trial courts of general jurisdiction.

5.                    Which of the following statements regarding the work of a judge is TRUE?

a.       Judges usually have very low caseloads

b.      The typical judge is a white female

c.       All judges must have doctoral degrees to sit on the bench

d.      The primary factor judges use to make decisions is their personal religious preference

e.       Judges are usually able to set their own schedule and work hours.

6.                   Which of the following is NOT a responsibility of judges?

a.       Setting  bail

b.      Issuing search warrants

c.       Making arrests

d.      Scheduling hearings

e.       Accepting guilty pleas

7.                  In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys?

a.       Adjudicator

b.      Administrator

c.       Negotiator

d.      Electoral candidate

e.       Appellate advocate

8.                   The court appearance of an accused person where the charges are read is known as a(n):

a.       trial

b.      arraignment

c.       line-up

d.      preliminary assembly

e.       information

9.                   What is the most common method of selection for the job of the county prosecutor?

a.       Merit selection by civil service exam

b.      Appointment

c.       Election

d.      Volunteer

e.       Patronage

10.               Which of the following is NOT a name given to prosecuting attorney?

a.       District attorney

b.      State's attorney

c.       Commonwealth attorney

d.      County attorney

e.       Public defender

11.               Which of the following factors increases the power of the prosecutor?

a.       Many of their decisions are hidden from public view

b.      They must have a judge sign off on any decision to drop a case

c.       They are dependent upon the defense attorney for witness statements

d.      Jurisdictional boundaries are sometimes confusing

e.       Cases overturned at appeal can be damaging to a prosecutor's career.

12.              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 values.

c.       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

e.       Public opinion does not affect prosecutorial decision-making.
 

13.               Which of the following describes the "prosecution complex"?

a.       An offender fears unfair treatment by the prosecutor

b.      A judge sides with the prosecutor in a court decision

c.       A defense attorney comes to believe he/she represents the state

d.      A prosecutor views herself as an instrument of law enforcement

e.       A prosecutor is unable to understand the complexities of the justice system

14.                Which of the following most accurately describes the discretion given to a prosecutor?

a.       Limited discretion

b.      No discretion

c.       Broad discretion

d.      Relative discretion

e.       Supervised discretion

15.              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 penalty

b.      Which charges to file against the offender

c.       Whether the evidence was collected in accordance with constitutional regulations

d.      Whether the police used excessive force in apprehending the offender

e.       How the criminal justice system might best serve the offender

16.              The process during which the prosecution shares information with the defense is known as:

a.      nolle prosequi

b.      legal sufficiency

c.       probable cause

d.      discovery

e.       deposition

17.              A nolle prosequi is:

a.       The decision of the prosecutor to drop a case

b.      The process of determining probable cause

c.       The questioning of a jury in a criminal case

d.      The power of the prosecutor to bring charges

e.       Another name for prosecutorial discretion
 

18.               Which of the following statements concerning the role of a prosecutor is FALSE?

a.       A prosecutor has considerable discretion in the criminal justice system.

b.      A prosecutor is influenced by the other actors in criminal justice system

c.       A prosecutor has independent authority to decide how to handle each case

d.      A prosecutor has limited influence in the early stages of the criminal justice process.

e.       A prosecutor may be heavily involved in local politics.

19.               Charges are not likely to be brought against offenders when victims:

a.       are upstanding members of society

b.      are not credible

c.       want the offender prosecuted

d.      are trustworthy

e.       appear sympathetic to juries

 

20.              The person who represents accused and convicted persons in the criminal justice system is known as the:

a.       Clerk of courts

b.      State's attorney

c.       Defense attorney

d.      Judicial attorney

e.       Bailiff
 

21.               Which of the following statements about defense attorneys is FALSE?

a.       Defense attorneys often provide psychological support for defendants and their families.

b.      Defense attorneys advise defendants of their constitutional rights.

c.       Defense attorneys typically adopt an aggressively adversarial approach.

d.      Defense attorneys must maintain relationships with prosecutors and judges to be effective.

e.       Defense attorneys help ensure the prosecution proves its case in court.

22.               When attorneys successfully file bids to gain the opportunity to represent all indigent defendants in a court for the following year, they are called:

a.       public defenders

b.      appointed counsel

c.       contract counsel

d.      legal aid attorneys

e.       appellate defenders.

23.               Which of the following refers to a situation in which a private attorney is chosen by a court to represent an indigent?

a.       Public defender

b.      Assigned counsel

c.       Contract counsel

d.      Legal aid attorney

e.       Appellate defender

24.              Which of the following refers to a situation where an attorney is employed on a full-time, salaried basis by the government to represent indigents?

a.       public defender

b.      assigned counsel

c.       contract counsel

d.      legal aid attorney

e.       appellate defender

25.               A recent survey revealed that which of the following systems of defense representation is most common in the 100 most populous counties in the U. S.?

a.       public defender

b.      assigned counsel

c.       contract counsel

d.      legal aid attorney

e.       appellate defender

26.              Which of the following statements about public defenders is TRUE?

a.       They represent the state against criminal defendants

b.      They easily gain the trust of their clients

c.       They often face a heavy caseload

d.      Their interest are purely financial

e.       None of these; all of the statements given are false.

 

27.              The view held by local court officials as to the proper sentence, given the characteristics of the case, is known as the:

a.       Normative level

b.      Going rate

c.       Sentencing market

d.      Local rate

e.       Work group
 

28.               The values and norms shared by members of a particular court community about how cases should be handled and the way court officials should behave is called the:

a.       workgroup culture

b.      brethren

c.       grouping culture

d.      local legal culture

e.       docket culture

29.               Which of the following individuals would NOT be considered part of the local legal culture?

a.       Baliff

b.      Judge

c.       Attorney

d.      Clerks

e.       Criminal

30.              Which of the following is NOT characteristic of a workgroup?

a.       Interaction among members

b.      Sharing of goals

c.       Continued conflict

d.      A set of norms about interactions

e.       Close feelings between members

 

 

True/False

 

1.                  The United States has a dual court system

2.                  Most criminal cases are heard at the Federal Level

3.                  United States courts use the adversary process to determine guilt in a criminal court.

4.                  The geographic territory over which a court has authority is known as its jurisdiction.

5.                  Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money.

6.                  Appellate courts do not try criminal cases.

7.                  Trial courts of limited jurisdiction have jurisdiction over all offenses, including felonies and appeals.

8.                  All courts in the United States use a basic three-tiered structure.

9.                  Many judges take large pay cuts to sit on the bench.

10.              Judges selected based on merit never have to undergo public election.

11.              In most cases, no higher authority can second guess or change the decision of a prosecutor.

12.              The state's governor appoints most local prosecutors.

13.              Prosecutors act independently of the political system.

14.              Prosecutors have great influence at virtually every stage of the criminal justice process.

15.              The "prosecution complex" refers to a situation in which prosecutors push to close each case with a conviction and lack the ability to objectively evaluate whether the evidence truly shows the defendant is guilty.

16.              During the discovery process, it is legal for a prosecutor to conceal from a defense attorney any evidence that tends to show that the defendant is actually innocent.

17.              Because trials are so infrequent, defense attorneys' working lives tend to be quite different than the lives of attorneys as portrayed on television.

18.              Most criminal defense lawyers become quite wealthy because of the large number of cases they typically handle.

19.              Assigned counsel are attorneys employed full-time by the government to provide defense services to those offenders who cannot afford their own attorneys.

20.              Most states use the "contract counsel" method of providing attorneys for those who cannot afford their own attorneys.

21.              Scholars often view public defenders as better than assigned counsel because public defenders are full-time government employees who are specialists in criminal law.

22.              Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that they are paid by the state.

23.              Research finding have indicated that there is little difference in outcomes between private attorneys, public defenders, contract counsel and assigned counsel.

24.              Values and norms do not affect the functioning of a courtroom.

25.              Judges are part of the local legal culture.

 

FILL-IN-THE-BLANK

 

1.                  The United States has a __________ court system.

2.                  Courts that do not try criminal cases, but hear appeals, are called ______________ courts.

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

4.                  When judges take on the role of _________________, they are concerned with how their courtroom is running.

5.                  The ________________ makes the decision about whether to file charges for particular crimes and offenders.

6.                  Officials responsible for prosecuting crimes against the federal government are called ____________________________.

7.                  The Chief legal officer of a state is its ________________________.

8.                  Information is made available by prosecutors to defense attorneys during the __________________ process.

9.                  Prosecutors wishing to maintain a high __________________ rate will drop cases with weak evidence.

10.              The series of events from the arrest of a suspect to the filing of a formal charge is known as the ______________ process.

11.              _________________________ defendants cannot afford to hire a private attorney.

12.              An attorney employed on a full-time basis by the government to represent the poor is called a ___________________.

13.              When a private attorney is chosen by a court to represent an indigent, they are referred to as _________________________.

14.              If individuals in a workplace interact in the workplace and develop norms and shared goals, they form a _______________________.

15.              The local consensus as to the proper sentence is called the ______________________.


--
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Honorable James F. Valley
MAYOR - Helena West Helena
P O Box 248
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870-817-4035 Cell

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