Take the following practice exam as a way to review the key terms and ideas covered in the Chapter 11.
 |
| 1 | |
Which of the following is not a function of trial judges? |
| | A) | issuing and reviewing warrants |
| | B) | ruling on pretrial motions |
| | C) | protecting the rights of the accused |
| | D) | representing the government in matters of law |
|
|
|
| 2 | |
State and local judges are |
| | A) | appointed. |
| | B) | elected. |
| | C) | appointed or elected. |
| | D) | none of the above. |
|
|
|
| 3 | |
The Missouri Plan is a mechanism suggested by the American Bar Association for |
| | A) | controlling judicial discretion. |
| | B) | the merit selection of judges. |
| | C) | reducing "senatorial courtesy." |
| | D) | improving the flow of cases through the courts. |
|
|
|
| 4 | |
Peru's system of "faceless" judges was originally introduced to |
| | A) | reduce the power of several charismatic justices. |
| | B) | inhibit bribes, payoffs, and case-fixing between judges, lawyers, and defendants. |
| | C) | prevent intimidation by terrorists who could identify the judges at public trials. |
| | D) | prevent the media from tracking the decisions of certain controversial judges. |
|
|
|
| 5 | |
The ____________ is the top law enforcement authority of a community. |
| | A) | chief of police |
| | B) | chief prosecutor or district attorney |
| | C) | chief justice of the appellate court |
| | D) | sheriff |
|
|
|
| 6 | |
At the most general level, the responsibilities of the prosecutor include enforcing the law and |
| | A) | keeping the peace. |
| | B) | obtaining convictions. |
| | C) | maintaining order under the rule of law. |
| | D) | representing the government in matters of law. |
|
|
|
| 7 | |
The ____________ is a formal entry into the record of declaring an unwillingness to prosecute a case. |
| | A) | non prosequitur |
| | B) | non sanae mentis |
| | C) | nolens de firma |
| | D) | nolle prosequi |
|
|
|
| 8 | |
The prosecutor has, at least in theory, absolute and unrestricted discretion to choose who is prosecuted and who is not. As such, prosecutorial discretion begins |
| | A) | after a suspect's arrest. |
| | B) | at arraignment. |
| | C) | at the first bail hearing. |
| | D) | during the initial appearance. |
|
|
|
| 9 | |
George F. Cole's study of prosecutors found that |
| | A) | prosecuting attorneys have only a limited degree of discretion when deciding whether to bring formal criminal charges against those arrested for violating the law. |
| | B) | prosecuting attorneys have an unlimited degree of discretion when deciding whether to bring formal criminal charges against those arrested for violating the law. |
| | C) | prosecuting attorneys have "exchange relationships" with police, defense attorneys, and community leaders, but these relationships infrequently affect the decision to prosecute. |
| | D) | the presiding judge ultimately rules on the decision to prosecute in most cases. |
|
|
|
| 10 | |
It is generally believed that almost 90 percent of all criminal convictions involve |
| | A) | "victimless crimes" |
| | B) | repeat offenders. |
| | C) | negotiated pleas of guilt. |
| | D) | probation |
|
|
|
| 11 | |
Who plays the major role in the plea bargaining process? |
| | A) | the judge |
| | B) | the prosecutor |
| | C) | the accused |
| | D) | the defense attorney |
|
|
|
| 12 | |
Which of the following is not true of plea-bargaining? |
| | A) | It reduces the accused's costs of legal representation. |
| | B) | It increases the accused's chances for a reduced sentence. |
| | C) | It more suitably addresses the correctional needs of the bulk of offenders. |
| | D) | It reduces the potential for cases going to trial. |
|
|
|
| 13 | |
Most defense attorneys have their initial contacts with their clients |
| | A) | immediately after arrest. |
| | B) | during interrogation. |
| | C) | at the initial appearance. |
| | D) | after their clients have been placed on bail or some other temporary release program. |
|
|
|
| 14 | |
Criminal law is a field that |
| | A) | few attorneys actively choose. |
| | B) | has high financial rewards. |
| | C) | attracts many prestigious lawyers. |
| | D) | is a high status segment of the legal profession. |
|
|
|
| 15 | |
In the "lawyer-client confidence game" described by Abraham S. Blumberg, the defense attorney works not only for the client, but also for the |
| | A) | police. |
| | B) | community. |
| | C) | court. |
| | D) | victim. |
|
|
|
| 16 | |
The court reporter |
| | A) | is a liaison between the court and the press. |
| | B) | records and transcribes the text of actions that come before the judge. |
| | C) | has some responsibilities for processing papers executed by the court. |
| | D) | serves as messenger for lawyers and other court officials. |
|
|
|
| 17 | |
The ____________ witness can present as evidence the result of an investigation that led to the arrest of the accused. |
| | A) | lay |
| | B) | police |
| | C) | expert |
| | D) | all of the above |
|
|
|
| 18 | |
Despite the Bill of Right's clear statement guaranteeing the right to counsel, for almost a century and a half after the framing of the Constitution only those persons charged with ____________ were actually given this right. |
| | A) | treason |
| | B) | federal crimes |
| | C) | capital crimes |
| | D) | federal crimes punishable by death |
|
|
|
| 19 | |
The case of the ____________ reached the U.S. Supreme Court in Powell v. Alabama. |
| | A) | "Sharpesville Fix" |
| | B) | "Scottsboro Boys" |
| | C) | Ku Klux Klan murders |
| | D) | "Zebra" killings |
|
|
|
| 20 | |
In Johnson v. Zerbst, the Supreme Court held that |
| | A) | in federal cases, the right to counsel becomes applicable upon indictment. |
| | B) | trial judges must inform defendants of their right to counsel prior to accepting guilty pleas. |
| | C) | a defendant's failure to request counsel does not constitute a waiver of his right to counsel. |
| | D) | a defendant has the right to counsel during any police interrogation. |
| | E) | the Sixth Amendment right to counsel applies to all defendants in federal felony prosecutions. |
|
|
|
| 21 | |
The Supreme Court's decision in Betts v. Brady was overturned by |
| | A) | Gideon v. Wainwright. |
| | B) | Powell v. Alabama. |
| | C) | Moore v. Michigan. |
| | D) | Johnson v. Zerbst. |
|
|
|
| 22 | |
The decision in ____________ established that a defendant has the right to counsel at trial whenever he may be imprisoned for any offense. |
| | A) | Gideon v. Wainwright |
| | B) | Kirby v. Illinois |
| | C) | Argersinger v. Hamlin |
| | D) | Powell v. Alabama |
|
|
|
| 23 | |
"Indigency standards" refer to criteria used by |
| | A) | the Office of Economic Opportunity to establish the poverty level. |
| | B) | the Department of Health and Human Services to determine welfare eligibility. |
| | C) | the courts to establish bail levels. |
| | D) | judges to determine eligibility for court-appointed counsel. |
|
|
|
| 24 | |
The ____________ system is the oldest and most widely used method for the representation of indigent criminal defendants. |
| | A) | public defender |
| | B) | assigned counsel |
| | C) | voluntary defender |
| | D) | legal aid |
|
|
.