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Chapter 7- AJS 101
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Terms in this set (62)
A court's legitimacy to bring the authority of the state to seize property and to restrict individual liberty is based on:
impartiality.
In the courts, unlike crime control values, due process values:
focus on protecting the rights of an individual.
In the context of due process values in the American criminal justice system, which of the following is an equalizer in the contest between the state and the individual?
Protection from self-incrimination
Which of the following statements is true of the crime control function of the nation's courts?
It emphasizes that criminals must suffer for the harm they have done to society.
According to the _____ of the American criminal justice system, criminals are analogous to patients.
medical model
According to the medical model of the American criminal justice system, _____.
the treatment of criminals varies from case to case
Which of the following is a limitation of the American judicial system?
It is complex in nature.
_____ refers to the authority of a court to hear and decide cases within an area of the law or a geographic territory.
Jurisdiction
_____ occurs when two or more courts have the authority to preside over the same criminal case.
Concurrent jurisdiction
_____ are primarily concerned with questions of fact.
Trial courts
_____ are courts that review decisions made by lower courts, such as trial courts.
Appellate courts
Which of the following is true of appellate courts?
They have judges who present written explanations for their decisions.
Which of the following is a similarity between federal and state courts?
Both have limited jurisdiction.
Federal criminal charges often take precedence over state criminal charges because states:
have lesser resources.
A _____ is a public civil officer or official with limited judicial authority within a particular geographic area, such as the authority to issue an arrest warrant.
magistrate
Which of the following is an example of a problem-solving court?
A juvenile court
State trial courts that have general jurisdiction may be called _____.
circuit courts
Trial courts of general jurisdiction are:
the setting for criminal trials.
Which of the following statements is true of a state court of appeals?
It takes the final decision on all questions of state law.
For which of the following issues can the United States Supreme court overrule a decision made by a state's highest court?
Constitutional procedure
_____ are on the lowest tier of the federal court system.
U.S. district courts
Identify a true statement about the U.S. district courts.
The number of judicial districts varies over time, primarily owing to population changes and corresponding caseloads.
Which of the following is true of the federal trial courts?
They include the Court of International Trade.
In the federal court system, there are _____ U.S. courts of appeals.
thirteen
Which of the following statements is true of the federal courts of appeals?
The federal courts of appeals for twelve of the circuits hear appeals from the district courts located within their respective judicial circuits.
One of the ways by which the Supreme Court makes criminal justice policy is through _____.
judicial review
_____ refers to the power of a court—particularly the United States Supreme Court—to analyze the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional.
Judicial review
Ophelia is the anchor of a political talk show. She has been hosting a miniseries about the corruption in the upper echelons of Congress. In response to these allegations, Congress passed a law against free speech and got Ophelia arrested. However, the Supreme Court ruled against the state saying that the law violated the First Amendment rights. In this scenario, which of the following processes did the Supreme Court use to repeal the law passed by Congress?
Judicial review
A federal appeals court is trying a civil rights violation case. Due to the ambiguous nature of the case, the court is unable to reach a decision. The Supreme Court takes over the case for review. In this scenario, the Supreme Court issued a _____.
writ of certiorari
In court decisions, plurality opinions are problematic because they:
do not provide a strong precedent for lower courts to follow.
A _____ is the list of cases entered on a court's calendar and thus scheduled to be heard by the court.
docket
Which of the following values is true of selection of judges?
Judges are appointed by the governor in New Jersey.
The goal of the Missouri Plan is to:
eliminate partisan politics from the selection procedure of judges.
In the context of the American criminal justice system, which of the following is true of diversity on the bench?
About two-thirds of all state appellate judges are white males.
During criminal proceedings, James brings in the accused to stand before the judge. He also holds up a holy book for witnesses to swear that they will not perjure themselves. He oversees the maintenance of discipline in the courtroom. Based on this description, James is a _____.
bailiff
Leon, a witness to a murder, is in a closed room with a defense attorney. Before the case goes to trial, the defense attorney asks him questions about his story to ensure that the testimony has no flaws. In the scenario, Leon is going through a(n) _____.
deposition
_____ are individuals, acting as trial lawyers, who initiate and conduct cases in the government's name and on behalf of the people.
Public prosecutors
During the pretrial process, prosecutors hold a great deal of discretion in deciding:
the level of charges to be brought against the suspect.
Which of the following is true of chief prosecutors?
They typically serve four-year terms.
Which of the following is a responsibility of a defense attorney?
To submit motions to suppress evidence
Which of the following is a type of defense attorney?
A public defender
Alana is a public defender. She is representing Maria who is on trial for the murder of her father. When Alana visits Maria in jail, Maria confesses to hiring a hitman to kill her father so that she could inherit his fortune. Alana is unable to tell the presiding judge about Maria's confession because of _____.
attorney-client privilege
Advocates of due process values of the criminal justice system distinguish between the court's obligation to be fair to the accused and its obligation to be fair to society.
false
In the crime control model of the American criminal justice system, courts perform the role of physicians who dispense "treatment" to criminals.
false
Recidivism is the formal process by which one legal authority, such as a state or a nation, transfers a fugitive or a suspect to another legal authority that has a valid claim on that person.
false
Writs are written statements by judges expressing the reasons for a court's decision in a case.
false
As a result of America's federalism, governments of the fifty states have a united court system.
false
Unlike justice courts in rural settings, magistrate courts have general jurisdiction.
false
Magistrate courts are lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.
false
A state trial court of limited jurisdiction in Ohio is called the court of common pleas.
false
The United States Supreme Court can overrule a decision made by the state's highest court when issues of federal law are involved.
true
The Court of Appeals for the Thirteenth Circuit has national appellate jurisdiction over cases in which the U.S. government is a plaintiff.
false
Subject matter jurisdiction refers to the power of the Court to determine whether a law or action by the other branches of the government is constitutional.
false
The denial of a writ of certiorari has no value as a precedent
true
One of the responsibilities of a bailiff of the court is to go through any motions or pleas that need to be acted on by a judge.
false
In a courtroom, like a juror, a judge learns the facts of a case as they are presented by attorneys.
true
The Allen Charge holds that prosecutors are not permitted to keep evidence from the defendant and her or his attorneys that may be useful in showing innocence.
false
A responsibility of an attorney general is to determine whether to appeal a guilty verdict.
false
_________ are courts in which most cases usually begin and in which questions of fact are examined.
Trial courts
The _________ has national appellate jurisdiction over cases in which the U.S. government is a defendant.
Federal Circuit
A(n) _________ judge allows more leeway to members of the courtroom work group than a judge who follows procedure.
laissez-faire
Jeremiah is a public defender and is asked to defend a murder suspect in a hit-and-run case. The suspect confesses to Jeremiah that he was driving under the influence of alcohol when he accidently ran over the victim. Due to _________, Jeremiah is unable to tell the presiding judge about the confession.
attorney-client privilege
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