Criminal Justice Process
Test Bank
Course Introduction
The Criminal Justice Process course offers a comprehensive overview of the procedures and stages involved in the administration of criminal law. Students will explore how cases progress from the initial investigation and arrest to prosecution, trial, sentencing, and appeals. The course examines the key roles of law enforcement, courts, and corrections, highlighting the rights of the accused, due process protections, and relevant constitutional issues. Emphasis is placed on understanding how justice is administered within the framework of American society, the impact of discretion and decision-making at each stage, and current reforms and challenges facing the criminal justice system.
Recommended Textbook
America's Courts and the Criminal Justice System 11th Edition by David W. Neubauer
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Chapter 1: Courts, Crime, and Controversy
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Sample Questions
Q1) Coercive police practices are a violation of this essential element of due process.
A) equal protection
B) the third degree
C) self-incrimination
D) fundamental fairness
Answer: D
Q2) The organization of prosecutors in the United States is consistent across the state and federal criminal justice system.
A)True
B)False
Answer: False
Q3) These motions contend that police conducted an illegal search/seizure or obtained a confession in violation of the defendant's constitutional rights.
A) motion to strike
B) motion to suppress
C) motion to vacate
D) motion to dismiss
Answer: B
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Chapter 2: Law and Crime
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Sample Questions
Q1) A failure to act when there is a legal duty to act can also qualify as "actus reus."
A)True
B)False
Answer: True
Q2) Which two Amendments to the U.S.Constitution mention due process?
A)Fifth and Sixth
B)Eighth and Tenth
C)Fifth and Fourteenth
D)Eighth and Fourteenth
Answer: C
Q3) This doctrine requires a judge to decide a case by applying the rule of law found in previous cases, provided the facts are similar.
A) selective incorporation
B) judicial restraint
C) precedent
D) jurisprudence
Answer: C
Q4) Family disputes fall into the _____ category of civil law. Answer: domestic relations
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Chapter 3: Federal Courts
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Sample Questions
Q1) Which of the following statements regarding proposals to reduce federal caseloads is <u>true</u>?
A) Reducing the jurisdiction of federal courts would nearly double the caseload of state courts and states would certainly oppose such an action.
B) Creating additional courts and judgeships would require additional funding of the federal judiciary, which already comprises a sizeable portion of the federal budget.
C) It is unlikely that Congress will ever have the filibuster-proof majority needed to authorize additional federal judgeships.
D) The antagonistic relationship between Congress and the federal judiciary is unlikely to result in any significant reforms.
Answer: D
Q2) U.S.Magistrate Judges may try and sentence felony defendants.
A)True
B)False
Answer: False
Q3) Appellate courts primarily review the legal decisions made by _____ courts. Answer: trial
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Chapter 4: State Courts
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Q1) What kind of court system has a coherent hierarchy with authority concentrated in the state capital?
A)structured
B)systematic
C)complex
D)unified
Q2) The principal objective of a _____ court system is a shift in judicial administration from local control to centralized management.
Q3) One of the key components of court unification is diversified administration.
A)True
B)False
Q4) Which of the following is true of the early colonial courts?
A)they were rather simple
B)they replicated English courts completely
C)they were rather complex
D)they replicated English courts in substance but not in form
Q5) Initial evaluations of early drug courts found favorable rates of success. A)True
B)False
Q6) Courts using therapeutic jurisprudence have _____ essential elements.
Page 6
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Chapter 5: The Dynamics of Courthouse Justice
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Q1) Law in action approaches to solving the problem of delay can prove effective because
A)They focus on coordinating the activities of the key actors in the courthouse.
B)They ignore activities of the key actors in the courthouse.
C)They override the activities of juries in the courthouse.
D)They assist the activities of the key actors in the courthouse.
Q2) In essence _____ crimes represent a group sense of justice.
Q3) The claim that increasing plea bargains and declining trials are a recent phenomenon is a weakness of what explanation?
A)assembly-line justice
B)discretion
C)courtroom work group
D)none of these is correct
Q4) The Speedy Trial Act of 1974 (amended in 1979) allows how many days from indictment to trial?
A)20
B)30
C)50
D)70
Q5) Clerks of court and court _____ work behind the scenes.
Page 7
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Chapter 6: Prosecutors
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Sample Questions
Q1) Prosecutors can influence the decisions of defense attorneys and A)defendants.
B)other attorneys.
C)public.
D)judges.
Q2) Ethical issues facing prosecutors are very similar to those confronting defense attorneys.
A)True
B)False
Q3) Judges control the flow of information about cases.
A)True
B)False
Q4) Courthouse _____ are dissatisfied with the status quo and will fight to change it.
Q5) The great majority of the nation's prosecutors' offices are large ones.
A)True
B)False
Q6) Most assistant district attorneys are hired _____ after graduation from law school.
Q7) The U.S.Solicitor General is sometimes referred to as the _____ Justice.
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Chapter 7: Defense Attorneys
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Sample Questions
Q1) Public clients are skeptical about the skills of their lawyers.
A)True
B)False
Q2) The right to self-representation is also referred to by the Latin term
A)pro se
B)mala in se
C)pro bono
D)mens rea
Q3) The features of various defense systems for indigent representation are nearly identical and uniform across jurisdictions.
A)True
B)False
Q4) Most lawyers practice civil law because it is more A)lucrative.
B)expensive.
C)time-consuming.
D)problematic.
Q5) To defense attorneys, winning a case rarely means an acquittal. A)True
B)False
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Chapter 8: Judges
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Sample Questions
Q1) Which system is likely to produce judges who were former legislators?
A)the appointment system.
B)the merit system.
C)the Missouri system.
D)the election system.
Q2) When the executive or the legislature selects judges, fewer district attorneys become judges.
A)True
B)False
Q3) The formal _____ of judges extend throughout the criminal court process.
Q4) Judicial _____ commissions consisting of lawyers, judges, and laypersons are used to investigate allegations of misconduct against state judges.
Q5) According to Sally Kenney (2012), what does having women on the bench add to the institution?
A)legitimacy
B)ethnic diversity
C)intelligence
D)all of these
Q6) A judge's office is commonly referred to as _____.
Page 10
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Chapter 9: Defendants, Victims, and Witnesses
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Sample Questions
Q1) Compared to the average citizen, a felony defendant is more likely to be
A)younger
B)male
C)a racial minority
D)All of these answers are correct
Q2) Legal sanctions against domestic violence are limited to criminal law.
A)True
B)False
Q3) The three most prominent defendant characteristics used in the discussion of crime and crime policy are
A)age, race, and marital status
B)race, education, and income
C)family background, sex, and age
D)sex, poverty, and race
Q4) Most victim compensation programs
A)reimburse victims for lost or damaged property.
B)provide for the recovery of medical expenses and some lost wages.
C)ensure that defendants pay restitution.
D)All of these answers are correct.
Q5) As _____ dominance increased, the power of the victim decreased.
Page 11
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Chapter 10: Arrest to Arraignment
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Q1) Which jurisdictions use grand juries extensively?
A)jurisdictions where they are required by the constitution
B)conservative jurisdictions
C)jurisdictions with aggressive prosecutors
D)liberal jurisdictions
Q2) What type of crime is found on the bottom layer of the criminal justice wedding cake?
A)celebrated cases
B)serious felonies
C)misdemeanors
D)lesser felonies
Q3) Discuss case attrition and the role of the courtroom work group. Within the courtroom work group, who has the power to control attrition and what types of judgments go into dismissing cases? Be sure to provide examples.
Q4) Defendant's may be formally charged by a complaint signed by a witness.
A)True
B)False
Q5) The bail agent makes a profit by specializing on high risk offenders.
A)True
B)False
12
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Chapter 11: Disclosing and Suppressing Evidence
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Q1) The plain view doctrine has been expanded to cover other senses, such as "plain smell."
A)True
B)False
Q2) The particularity requirement means that
A)warrants should be as detailed as possible.
B)applications for warrants should be as detailed as possible.
C)arrest warrants should be as detailed as possible.
D)search warrants should be as detailed as possible.
Q3) If a search warrant is issued, the police must execute the warrant immediately.
A)True
B)False
Q4) Arrest warrants may be issued by A)chiefs of police.
B)prosecutors
C)judges.
D)defense attorneys.
Q5) The exclusionary rule requires exclusion of evidence obtained as a result of a _____ ?violation.
Q6) All potentially _____ evidence must be disclosed to the defense.
Page 13
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Chapter 12: Negotiated Justice and the Plea of Guilty
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Q1) Plea bargaining did not become well established in the U.S.until the 1960s.
A)True
B)False
Q2) A nolo contendere plea has all the same criminal and civil consequences as a guilty plea.
A)True
B)False
Q3) _____ can best be defined as the process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.
Q4) In a sentence bargain, the defendant pleads guilty in anticipation of reduced charges.
A)True
B)False
Q5) When the prosecutor allows the defendant to plead guilty to one charge and dismisses the rest this is called
A)charge bargaining.
B)count bargaining.
C)sentence bargaining
D)limit bargaining.
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Chapter 13: Trials and Juries
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Q1) What Amendment guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury?"
A)4<sup>th</sup>
B)5<sup>th</sup>
C)6<sup>th</sup>
D)7<sup>th</sup>
Q2) At trial, information about the defendant's character, prior convictions, or a reputation would not normally be relevant and is, therefore, inadmissible.
A)True
B)False
Q3) In which of the following crime labs have significant error in laboratory testing been documented?
A)federal crime labs
B)members of larger juries more accurately recall evidence.
C)federal, state, and local crime labs
D)local crime labs
Q4) A jury that is unable to reach a verdict is called a hung jury.
A)True
B)False
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Chapter 14: Sentencing Options
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Q1) The term death-_____ refers to crimes that are punishable by death.
Q2) "He got what he deserved! I feel better knowing that wife beaters must make public apologies." That statement best matches which of the following purposes of punishment?
A)retribution
B)incapacitation
C)general deterrence
D)specific deterrence
Q3) Good time is a mechanism used to reduce overcrowding.
A)True
B)False
Q4) The _____ branch of government controls the length of the prison term.
Q5) Many lawsuits by inmates involve the _____ Amendment to the U.S.Constitution.
Q6) There are more white offenders on death row than minority offenders.
A)True
B)False
Q7) Advocates of the due process model believe that the death penalty is unfairly administered.
A)True
B)False
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Chapter 15: Sentencing Decisions
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Q1) A(n) _____ prison sentence is one in which the judge imposes a minimum and a maximum term of incarceration.
Q2) The most important factor in setting normal penalties is the
A)seriousness of the offense.
B)prior record of the offender.
C)persuasiveness of the prosecutor.
D)skill of the defense attorney.
Q3) _____ sentencing laws require that offenders convicted of certain offenses must be sentenced to a prison term of not less than a specified period of years, and non-prison sentences (such as probation) are expressly precluded.
Q4) What sentencing schemes target sentencing decisions by judges?
A)structured sentencing
B)determinate sentencing
C)indeterminate sentencing
D)voluntary sentencing
Q5) Since Cunningham, it is clear that Blakely applies to state sentencing laws.
A)True
B)False
Q6) Structured sentencing schemes target sentencing decisions by _____.
Page 17
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Chapter 16: Appellate and Habeas Corpus Review
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Q1) The error-correction function of appellate review protects against arbitrary, capricious, or mistaken legal decisions by a
A)trial court judge.
B)trial court prosecutor.
C)trial court defense attorney.
D)trial court work group.
Q2) How do postconviction remedies differ from appeals?
A)They may be filed only by those actually in custody.
B)Post-conviction petitions may bring up issues not raised during trial.
C)Many state courts allow unlimited post-conviction remedies.
D)All of these answers are correct.
Q3) Postconviction remedies may only be filed by those actually in _____.
Q4) The Fifth Amendment ban on _____ generally prohibits retrial of a person who has already been convicted of the same crime.
Q5) Most criminal cases are affirmed on appeal because of the _____ error rule and the standards of review applied by appellate courts.
Q6) Define, compare, and contrast plain error, reversible error, and harmless error.
Q7) An appellate court's written decision and explanation is called a(n) _____.
Q8) Most of the U.S.Supreme Court's jurisdiction is _____.
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Chapter 17: Juvenile Courts
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Q1) Prosecutions of adults are based on criminal law. By contrast, juvenile court proceedings are based on _____ law.
Q2) The doctrine of parens _____ authorizes the state to act as a parent.
Q3) The absence of jury trials in juvenile court reinforces what about the proceedings?
A)the formal nature of the proceedings
B)the family nature of the proceedings
C)the informal nature of the proceedings
D)the restorative nature of the proceedings
Q4) Some states set no _____ age for transfer of juveniles to adult court.
Q5) Explain how the juvenile court differs from the adult court. Provide at least four examples of how proceedings differ.
Q6) The child-saving movement believed that juveniles needed treatment.
A)True
B)False
Q7) The U.S.Supreme Court, in the case In re _____ , ruled that the due process clause of the 14 Amendment applied to juvenile court proceedings.
Q8) The age at which a child becomes an adult is called the upper age of _____.
Page 19
Q9) _____ involve acts that are illegal only for juveniles.
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