Date post: | 27-Dec-2015 |
Category: |
Documents |
Upload: | ralf-taylor |
View: | 221 times |
Download: | 1 times |
The Courts: Structure and ParticipantsThe Courts: Structure and Participants
Chapter 9
Frank Schmalleger
Criminal Justice TodayCriminal Justice Today1313thth Edition Edition
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
What two court systems make up the dual-court system?
1. Town and municipal court systems
2. County and city court systems
3. Federal and state court systems
2
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved3
Correct Answer
3. Federal and state court systems
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Appellate jurisdiction means the court has the authority to review a decision made by a lower court.
1. True
2. False
4
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved5
Correct Answer
1. True
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Lower courts have limited jurisdiction, which means they are more formal with full record-keeping of witnesses and evidence.
1. True
2. False
6
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved7
Correct Answer
2. False
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
In a trial, both sides want to win, and are pitted against each other using procedural rules set out by statute or tradition. This creates what kind of process between the defense attorney and prosecution?
1. Argumentative
2. Adversarial
3. Appellate
4. Special
8
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved9
Correct Answer
2. Adversarial
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
A defendant has a right to an automatic appeal of the verdict in their state case to a lower court.
1. True
2. False
10
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved11
Correct Answer
2. False
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
If a case is appealed, the appellate court may do what?
1. Confirm the case
2. Reverse and remand the case
3. Send it for further review by the State Supreme Court
4. All of the above
12
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved13
Correct Answer
4. All of the above
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
What does it mean for an appealed conviction to be confirmed?
1. The lower court changes the sentence.
2. The higher court agrees with the original sentence of the lower court.
3. The lower court must grant a new trial.
14
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved15
Correct Answer
2. The higher court agrees with the original sentence of the lower court.
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
What term is applied to cases that are retried on appeal, as opposed to those which are simply reviewed on the record?
1. Trial de novo
2. Voir dire
3. Ex post facto
16
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved17
Correct Answer
1. Trial de novo
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Community courts have the authority to hand down:
1. Sentences
2. Fines
3. Community service
4. Restitution
5. All of the above
18
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved19
Correct Answer
5. All of the above
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
When there is new evidence of innocence, the federal court will step in and require the state court to conduct a new trial.
1. True
2. False
20
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved21
Correct Answer
2. False
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
If you had a minor legal dispute with your college roommate, which avenue would you prefer taking to resolve it?
1. I would take formal legal action.
2. Dispute resolution center
3. Community court
4. I would try to resolve the issue without any third-party intervention.
22
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved23
Correct Answer
Survey or opinion question
Graph answers for class discussion
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Which courts have original jurisdiction over all cases involving violations of federal statutes?
1. U.S. District Courts
2. U.S. Courts of Appeals
3. U.S. Courts of Military Appeals
4. U.S. Supreme Court
24
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved25
Correct Answer
1. U.S. District Courts
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
A writ of certiorari is used to require a higher court to release its records for a particular case for censure.
1. True
2. False
26
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved27
Correct Answer
2. False
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
The authority of the Supreme Court to havethe final decision on what laws and lower-court decisions keep with the intent of the U.S. Constitution is known as what?
1. Judicial activism
2. Judicial appeal
3. Judicial review
4. Judicial authority
28
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved29
Correct Answer
3. Judicial review
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
What type of opinion by the U.S. Supreme Court is agreed upon and considered the “opinion of the court”?
1. Dissenting
2. Concurring
3. Disputing
4. Majority
30
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved31
Correct Answer
4. Majority
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Despite portrayals of hostility by the entertainment industry, the courtroom workgroup involves an implicit recognition of informal rules of civility, cooperation, and shared goals. Ultimately, the courtroom workgroup is dedicated to bringing trials to a successful close.
1. True
2. False
32
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved33
Correct Answer
1. True
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Which of the following best reflects your views concerning the existence of the courtroom workgroup?
1. The courtroom workgroup violates defendants’ due process rights, as it favors smooth operation of the court over serving justice.
2. The courtroom workgroup is essential to the operation of the court because if formalities and the adversarial process were strictly adhered to, the courts would be hopelessly backlogged and nothing would ever get done.
34
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved35
Correct Answer
Survey or opinion question
Graph answers for class discussion
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
In court, which professional role do you think best suits you?
1. Judge
2. Prosecutor
3. Defense attorney
4. Other
36
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved37
Correct Answer
Survey or opinion question
Graph answers for class discussion
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
In a criminal trial, the burden of proof lies on the state to prove the accused guilty with a preponderance of evidence.
1. True
2. False
38
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved39
Correct Answer
2. False
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
An attorney who represents a defendant for a fee and has their own practice or is part of a law firm is called a:
1. Public defender
2. Retained counsel
3. Court-assigned counsel
4. State defender
40
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved41
Correct Answer
2. Retained Counsel
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Which U.S. Supreme Court case protects the right of the indigent to receive appropriate counsel in a death penalty case?
1. Gideon v. Wainwright
2. Johnson v. Zerbest
3. Powell v. Alabama
4. In re Gault
42
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved43
Correct Answer
3. Powell v. Alabama
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Which U.S. Supreme Court case addressed the issue of indigent juveniles receiving appropriate counsel?
1. Alabama v. Shelton
2. In re Gault
3. Argersinger v. Hamlin
4. Powell v. Alabama
44
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved45
Correct Answer
2. In re Gault
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
What was the total indigent defense spending in the United Sates in 2008?
1. 5 million
2. Over 5 billion
3. 500 million
4. One of the above
46
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved47
Correct Answer
2. Over 5 billion
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
A character witness is a(n):
1. Lay witness with direct knowledge of the defendant
2. Expert witness with a professional opinion of the defendant
3. Eyewitness for the state
48
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved49
Correct Answer
1. Lay witness with direct knowledge of the defendant
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
If a trial has been exposed to enough publicity that the defendant’s right to a fair trial and impartial jury can be questioned,
the defendant can ask that the trial be moved to another jurisdiction. This measure is known as what?
1. Gag order
2. Sequestering
3. Change of venue
4. Mistrial
50
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved51
Correct Answer
3. Change of venue
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
The Daubert standard is the test of scientific acceptability applicable to the gathering of evidence in criminal cases.
1. True
2. False
52
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved53
Correct Answer
1. True
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved
Do you believe it changes the outcome of a high-profile case to have media coverage before and during the trial?
1. Yes
2. No
3. I don’t know.
4. I don’t think the media should be allowed in the courtroom.
54
Criminal Justice Today, 13th EditionFrank Schmalleger
© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved55
Correct Answer
Survey or opinion question
Graph answers for class discussion