The federal district courts are the federal _______ courts.
Trial
Which of the following is NOT an element of "law on the books?
careful use of discretion
The importance of the Supreme Court is measured in terms of:
the wide-ranging impact their decisions have on all stages of the criminal justice process
The federal government and most states have created two levels of appellate courts, which are the:
intermediate and supreme
In criminal justice history, the Wickersham Commission is known for
Investigating and criticizing cruel interrogation techniques
The overall conviction rate at trial for felonies is upward of
90 percent
Which of the following is NOT true of "law in action?
strict enforcement of laws and adherence to procedures
A trial by a judge without a jury is called a:
bench trial
Grand juries:
issue an indictment in most cases that they hear
The majority of criminal trials occur in the federal courts.
False
All of the following developed within the American court system during the Revolutionary period except what:
the juvenile justice system
Which is a true statement?
The English won the French and Indian War, which is why English traditions dominated colonial law development.
What does "amicus curia" mean?
Friend of the court
Colonial courts applied laws derived from religious, cultural, and social norms.
True
If a person is found not guilty in criminal court, he/she may not be sued in civil court.
False
In colonial times, religion greatly influenced legal proceedings.
True
The primary justification for providing procedural constitutional safeguards in the criminal justice process is to ensure that:
innocent persons are not harassed or wrongly convicted
The Dred Scott decision is ancient law, but it is still good law today.
False
Unlike all of the other States, this state derives its civil law from the Napoleonic Code:
Louisiana
Real property may be used to secure bail.
True
Not all states provide for a judicial determination of probable cause at the initial appearance before a magistrate.
True
According to County of Riverside v. McLaughlin, the initial hearing in a criminal case must be held within:
48 hours
Which of the following factors should a judge consider when setting bail?
All of the above
Law on the books expresses a strong preference for bail unless clear and convincing evidence establishes that:
There is a serious risk that the person will flee.The offense is one of violence or one punishable by life imprisonment or death. The person may obstruct justice or threaten, injure, or intimidate a prospective witness or juror
Release on recognizance is one way to secure pretrial release.
True
Bounty hunting is illegal in all states.
False
A person must be handcuffed or put into a police car in order to be under arrest.
False
In County of Riverside v. McLaughlin, the Court held that a probable cause hearing for all those arrested without a warrant must be held within how many hours of arrest?
48
The trial judge who holds the preliminary hearing may modify bail.
True
Which of the following is among the ethical issues faced by prosecutors?
How much evidence to disclose to the defense. How much information to release to the public. Whether to prosecute a given defendant
Exculpatory evidence is evidence that tends to show the guilt of the defendant.
False
The Criminal Division of the Justice Department handles what kinds of cases?
Fraud, organized crime, public corruption, and terrorism
U.S. Attorneys serve:
at the discretion of the president
Small prosecutors' officers often employ what type of prosecution?
Vertical
Which of the following decisions is the exclusive domain of the prosecutor?
Charging
Because prosecutors represent the government, they are entitled to some immunity.
True
At trial, a prosecutor is expected to advocate the guilt of the defendant while also being mindful that he/she is NOT:
An advocate for the victim
Assistant district attorneys:
Are typically younger lawyers. Seek promotions to prosecuting more serious crimes. Are often loosely supervised.
In ___________, the Court ruled that prosecutors enjoy only qualified immunity from civil lawsuits for actions taken during criminal investigations and statements made during news conferences.
Buckley v. Fitzsimmons
Lawyers must always do what their clients ask them to do.
False
As written by the Framers 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 attorneys.
True
In urban courthouses, over 80 percent of felony defendants are indigent.
True
Which of the following is NOT something that victim advocates are supposed to do?
explain the legal significance of plea deals to victims
In which case did the Court hold that indigent defendants charged with a felony are entitled to the services of a lawyer paid by the government?
Gideon v. Wainwright
Indigent defendants are not entitled to court-appointed counsel for any appeals.
False
Self-representation is limited to individuals who:
Show the judge that they have the ability to conduct a trial
According to the CAFTA, all GALs in all states must be attorneys.
False
The defense attorney's primary job is to:
Protect the defendant's rights
The three major ways of providing indigent defense services are: (1) assigned counsel, (2) contract systems, and (3) public defenders. Which of the following is true about these different ways of providing indigent defense services?
Studies find no major differences between these three systems in results achieved
Of the following, which is NOT a duty of a judge:
Participating in plea bargaining
Federal judges are appointed for how long?
Life
In 1973, slightly more than one percent of state judges were African American. In 2009, that figure stood roughly at:
6 percent
Judges have the authority to set bail and to revoke it.
True
Merit selection commonly is referred to as the:
Missouri Bar Plan
Researchers find that elected judges react to public opinion.
True
Incumbent judges are very likely to be voted out of office.
False
If the state judicial conduct commission finds that a complaint about a judge has merit, they often:
Work informally to correct the problem
Over the past several decades, the composition of the bench has become:
More diverse
Of the following, which is NOT a benefit of being a judge?
Extravagant salaries