Which of the following legal principles is applied by the appellate court when it reviews an allegation of prosecutor misconduct?
a. Harmless error doctrine
Which of the following is not a common cause of unethical prosecutorial behavior?
b. The fact that such behavior is not often punished by courts
According to the American Bar Association's Model Code of Professional Conduct, the prosecutor must:
c. Make timely disclosure to the defendant of any evidence that tends to negate the guilt of the accused
Prosecution of physician-assisted suicide, prosecution of violence against the elderly, and prosecution of cases in which pregnant women are known drug abusers are all examples of what role assumed by local prosecutors?
c. Protectors of the public health
There appears to be an increased willingness of prosecutors to specialize in and prosecute which of the following crimes?
a. Rape and sexual assault b. Drug c. Violent (white-collar crimes) d. Gang
Which of the following is not an instance in which prosecutors commonly work with the police?
d. Joining police officers in the field when they conduct searches
The term community prosecution refers to:
a. A prosecutorial philosophy that emphasizes community support and cooperation
All evidence points to the conclusion that prosecutorial discretion is used to:
c. Screen out the weakest cases
The prosecutor may decide to seek a criminal complaint through grand jury or:
a. Information procedure
Which of the following may cause a case to be dismissed?
a. Inefficient evidence b. Interest of justice c. Due process problems D!!! All these
The view that prosecuting minor crimes would represent a waste of time is an example of the __________ factors that influence prosecutorial discretion.
Deciding to deal with the accused without going through the full criminal process is known as:
b. Pre-trial diversion
What is the duty of a defense lawyer to his client and the legal system, according to the Model Rules of Professional Conduct?
d. To represent his client zealously within the boundaries of the law
A public defender is assigned by the:
Which amendment forms the basis for providing counsel to indigent offenders?
The right to counsel begins at which point of the criminal process?
a. When a suspect is interrogated
Which landmark 1963 case established that state courts must provide counsel to indigent defendants in felony prosecutions?
b. Gainer v. United States
At which of the following points is the defendant not guaranteed the right to counsel?
c. During an appeal being heard by the U.S. Supreme Court
Which of the following is not a landmark case dealing with defendants' right to counsel?
d. Terry v. Ohio
Which case established that procedural safeguards, including the right to counsel, must be followed at custodial interrogation to secure the privilege against self-incrimination?
b. Miranda v. Arizona
Which statement best describes the state of public defense services prior to the Supreme Court ruling in Gideon v. Wainwright?
a. Public defense services were provided mainly by local private attorneys appointed and paid for by the court or by limited public defendant programs
Which term refers to the practice of requiring indigents to repay the state for at least part of their legal services?
Ad hoc and coordinated counsel systems are two ways of administering which of the following indigent defense models?
b. Assigned counsel programs
Which of the following systems would most likely be used in rural areas that generally have small caseloads?
a. Public defender
Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for their legal services on a set number of cases involving poor defendants?
a. Contract system
What is considered to be the most significant problem facing indigent defense systems?
d. Lack of government funding
What legal principle is usually applied when an appellate court is asked to determine an issue of defense attorney competence?
a. Harmless error doctrine
Which of the following cases invoked the surprise witness rule?
a. Taylor v. Illinois
All the information gained during the booking process is immediately turned over to the:
a. Victim b. Prosecutor c. Judge D!!!All of these
Fingerprinting and photographing a suspect are a part of:
A written accusation charging a person with a crime that is drawn up by a prosecutor and submitted to a grand jury is known as a(n):
When would the defense and prosecution begin plea negotiations?
c. When the defendant pleads not guilty at the arraignment
What happens if the defendant is released on bail but fails to appear in court as ordered?
c. The bail deposit is forfeited
The __________ Amendment to the Constitution prohibits excessive bail.
Some scholars contend that bail is problematic because it:
c. Is discriminatory to the poor
What did the Court establish in Stack v. Boyle?
d. That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstances
What is the key issue in determining bail?
a. The seriousness of the crime committed by the defendant
Which of the following pretrial release mechanisms occurs at the earliest point in the criminal justice process?
a. A field citation release
Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount?
a. Surety bail system
What type of bail system allows the defendant to be released with no immediate requirement of payment, but leaves him/her liable for the full bail amount if he/she fails to appear in court?
d. Unsecured bail system
No freeman could be seized or imprisoned unless he had been judged by his peers under the law of which historic document?
d. Magna Carta
In what case did the U.S. Supreme Court rule that exculpatory evidence need not be presented at a grand jury proceeding?
b. United States v. Williams
What procedure is often used as an alternative to the grand jury?
c. The preliminary hearing
Which of the following is a common reason for a defendant to waive the preliminary hearing?
c. He/she hopes to avoid the negative publicity that might result from the hearing
What plea is automatically entered at the arraignment for a defendant who says nothing or stands mute before the court?
c. Nolo contendere
Roughly what percentage of criminal defendants plea guilty before trial?
It is unlikely that plea bargaining will be eliminated in the future because it:
b. Eases the pressure of congested caseloads
The case of North Carolina v. Alford established that:
b. A defendant can plead guilty without admitting guilt
Which court case held that an affirmative action that the plea was voluntary must exist in the record before a judge may accept a plea?
b. Boykin v. Alabama
In what case did the Court rule that the promise of the prosecutor must be kept?
c. Santobello v. New York
Which recent case on plea bargaining established that the prosecutor in a federal trial may refuse to plea bargain unless the defendant agrees that any statements made during negotiations can be used to impeach him/her at trial?
b. U.S. v. Mezzanatto
In which case did the Supreme Court rule that due process rights are not violated when a prosecutor threatens to reindict the accused on more serious charges?
d. Bordenkircher v Hayes
Whose role is most problematic and controversial in plea negotiations?
Whose input is not legally required during the plea bargaining process?
Which of the following is not a commonly proposed reform to the current plea-bargaining system?
a. Having the judge question the prosecutor before accepting the plea
What state completely eliminated plea bargaining in 1975?
Which of the following rules guides the use of forced medication on a mentally ill individual who is deemed incompetent to stand trial?
a. The court must find that important governmental interests are at stake b. The court must find that forced medication will significantly further the case c. The court must conclude that administering the drugs is medically appropriate d. All of these
The _____ Amendment contains the confrontation clause.
The confrontation clause is meant to control the admissibility of __________ evidence.
In Maryland v. Craig, the Supreme Court upheld the use of what court procedure?
a. Allowing child abuse victims to testify via closed-circuit television
If an individual is permitted a trial, who chooses whether it will be before a judge or a jury?
The __________ Amendment guarantees the defendant the right to a jury trial.
In what case did the Court rule that all defendants in felony cases have the right to a jury trial?
a. Baldwin v. Coy
In Lewis v. United States, what amount of sentence time did the Supreme Court use to differentiate between petty offenses and serious offenses as related to the right to a jury trial?
a. 6 months
What is the minimum number of jury members allowed in a criminal trial as determined by the Supreme Court in Williams v. Florida?
Which of the following rules applies to a six-person jury in a serious felony case?
c. Their verdict must be unanimous
Powell v. Alabama and Gideon v. Wainwright are cases dealing with the fundamental right to:
b. Have counsel
What did the Court rule in Alabama v. Shelton?
c. A defendant must be represented by counsel if he or she faces imprisonment for any offense
While not explicitly stated in the Constitution, the Court has found support for legal self-representation in the __________ Amendment.
Which Supreme Court case solidified the right to self-representation at trial?
b. Faretta v. California
What is a nolle prosequi with leave?
c. A legal device that discharges the defendant but allows the government to prosecute in the future
Which of the following was not cited by the Court as a reason for its support of the right to a speedy trial?
d. To reduce long-term stress on victims and families of victims
The federal Speedy Trial Act of 1974 indicates a trial must be held within __________ of the arraignment.
b. 100 days
In what 1976 case did the Court rule unconstitutional a trial judge's order prohibiting the press from reporting the confessions implicating the defendant in the crime?
a. Nebraska Press Association v. Stuart
In the case of Press-Enterprise Co. v. Superior Court, the Supreme Court ruled that what stage in the criminal justice process should remain open to the public?
c. The preliminary hearing
Richmond Newspapers Inc. v. Virginia established that criminal trials must remain open to:
b. The public
In what case did the Court first state that, where certain safeguards are met, televised criminal trials are permissible even over the objection of the defendant?
b. Chandler v. Florida
Many states mandate what type of requirement for potential jurors?
The process of determining the appropriateness of jurors to sit on the jury is known as:
a. Voir dire
The phrase voir dire is French for:
b. To tell the truth
Which of the following is true of peremptory challenges during jury selection?
d. They can be used to excuse jurors for no particular reason
Which of the following rules governs challenges for cause during the jury selection process?
a. The defense is usually granted unlimited usage while the prosecution is limited
Which of the following rules has the Court applied to peremptory challenges?
a. They cannot be based solely on race b. They cannot be based solely on gender
d. Both a and b
The Batson doctrine holds that:
b. Peremptory challenges based on race are unconstitutional when made by the prosecution
In what case did the Court decide that jurors who strongly oppose capital punishment may be disqualified from determining a defendant's guilt or innocence in capital cases?
c. Lockhart v. McCree
In which of the following cases did the Supreme Court uphold the use of peremptory challenges to exclude jurors based on race due to extraordinary circumstances such as national security interests?
d. None of these
Prosecuting attorneys are not allowed to do which of the following in their opening statements?
d. Make prejudicial or inflammatory remarks
The Court ruled in Lee v. Illinois that a confession made to the police by a co-defendant is inadmissible unless the:
a. Co-defendant is available for cross-examination
What is the primary test for the admissibility of evidence in a criminal or civil proceeding?
When is the motion for a directed verdict is sustained?
d. When the prosecution fails to prove all the elements of the alleged crime
Which of the following is an avenue of appeal for a defendant?
c. Post-conviction remedy
What term was adopted in 12th century to refer to a breach of faith with one's feudal lord?
Capital and corporal punishment were used in the eleventh century to control the:
c. Criminal poor
What was the principal factor that shaped the punishment of criminals in the sixteenth century?
d. The changing labor markets that stemmed from urbanization and colonialization
What was the final fate of convicts transported to North America or Australia once their period of service was completed in the colonies?
b. They were granted pardons to gain their freedom
What event ended the transportation of felons to North America?
a. The American Revolution
Severely punishing an offender so that they will serve as an example to others achieves the goal of:
a. General deterrence
Which of the following punishment models relies on the prediction of future behavior?
a. Incapacitation b. Rehabilitation c. Specific deterrence d. All of these ??????
Sentencing for the purpose of general deterrence has most to do with:
c. Affecting the perception of the general public
Which goal of sentencing involves an attempt to convince the criminal through punishment that future crime would not be in their own future best interests?
c. Specific deterrence
What is another term that retribution advocates use to describe the concept of blameworthiness?
b. Just deserts
What type of sentence did an offender receive if he has been convicted of two or more crimes, but his prison sentence is considered complete once the longest single term has been served?
b. Concurrent sentence
What type of sentence did an offender receive if upon completion of a five-year term in prison for one crime, he must then serve three years for the second of multiple crimes?
b. Consecutive sentence
A fixed term of incarceration is called a(n):
b. Determinate sentence
Who has final say in the duration of the offender's prison stay in determinate sentencing?
The Minnesota sentencing guidelines computes sentencing scores based on the factors of offense seriousness and:
d. Offender's prior criminal record
Which of the following is not one of the goals of sentencing guidelines?
d. To establish truth-in-sentencing
Who calculates the "base score" under the federal sentencing guidelines?
a. Legislature b. Parole board c. Judge or magistrate d. Probation authority ???????
Including those states with moratoriums, how many states currently have the death penalty?
What is the most common method of execution in use today in America?
b. Lethal injection
Which 1972 Supreme Court decision ruled that the death penalty at that time violated the Eighth Amendment's protection against cruel and unusual punishment?
d. Furman v. Georgia
Which research method calculates the effect that a well-publicized execution has on the short-term murder rate?
a. The immediate impact study
Which research design compares long-term trends in murder and capital punishment rates?
b. The time-series analysis
What common-law practice allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior?
a. Judicial reprieve
Which common-law practice enabled convicted offenders to remain free if they agreed to enter into a debt obligation with the state?
When did the federal government establish a probation system for U.S. district courts?
What happens when probation is revoked?
a. The probation contract is terminated and the original sentence is imposed
The most common practice with the prison sentence when awarding probation is to:
d. Formulate a prison sentence and then suspend
What style of probation officer is most concerned with supervision, control, and public safety?
b. Law enforcers
What is the primary purpose of the presentence investigation?
a. To gather knowledge about the causal factors relating to criminality
Which probation officer duty is more commonly used in the juvenile justice process?
d. Treatment supervision
Which duty involves evaluating the probationer based on information from the initial intake or presentence investigation?
Which of the following statements regarding presentence investigations is true?
According to national data, what percent of adults leaving probation successfully complete their sentences?
Which of the following was not a landmark Supreme Court case that dealt with the legal rights of probationers?
a. United States v. Weeks
Many scholars argue that probation will continue to be the sentence of choice in both felony and misdemeanor cases because it:
a. Controls for recidivism better than other intermediate sanctions
What did the Court rule in Tate v. Short?
a. That incarcerating a person who is financially unable to pay a fine discriminates against the poor
When did the concept of incarcerating convicted offenders as a form of punishment become the norm for corrections?
d. The nineteenth century
What was the name given to the jailer who served as the chief law enforcement official of a county in England during feudal times?
d. Shire reeve
English penal institutions built in the tenth century were used to:
a. Hold pretrial detainees and those waiting for their sentence to be carried out
Le Stinche prison was unique in its time for its replacement of corporal punishment with:
The first English penal institutions operated under the __________ system.
Where were the English forced to house large numbers of prisoners in the late eighteenth century?
d. On prison hulks and barges
What was the name of the British prison reformer and sheriff who wrote The State of Prisons and was influential in creating humane standards in the British penal system?
c. John Howard
The "modern" American correctional system had its origin in:
The quarters that contained the solitary or separate cells in the Walnut Street Jail were known as the:
b. Penitentiary house
The Pennsylvania system inspired the creation of similar prisons in:
c. New Jersey
Which prison system was known as the congregate system?
b. Auburn system
What was the key to discipline in the Auburn system?
Zebulon Brockway popularized the use of parole while serving as warden at:
d. Elmira Reformatory
What was the underlying philosophy behind the rehabilitation movement of the 1960s?
b. Hands-off doctrine
Which of the following statements regarding prisons in the modern era is false?
b. The hands-off doctrine has been supported by state and federal court rulings
Which of the following is not one of the five primary uses of jails?
d. Holding mental patients when asylums are overcrowded
Sing Sing, Joliet and the "The Rock" are examples of what type of prison?
a. Maximum security
The primary purpose of a maximum-security prison is:
Most prison inmates are serving time for which type of crime?
Prison farms and camps are found primarily in what section of the country?
d. The South and the West
Shock incarceration is generally designed with what target population in mind?
d. Youthful, first-time offenders
The focus of the traditional community corrections facility was to:
a. Help reintegrate the soon-to-be released offender back into society
The first private prison opened by the U.S. Correctional Corporation was in:
Which of the following is not a common criticism of private prisons?
a. They cost more than state-run facilities
During which of the following time periods did the prison population in the U.S. decline?
b. In the postwar era from 1945 until 1961??? not sure
What is the current incarceration rate in the U.S.?
d. 588 inmates per 100,000 residents
What are the estimated chances that a black male will go to prison in his lifetime?
a. 1 in 3
The current growth of the prison population is generally linked to:
d. Declining state budgets
Which of the following factors contributes to a decrease in prison populations?