Deck 5: The Courts: a Quest for Justice During the Pretrial Process

Question 1

The U.S.Supreme Court held that due process of law required appointment of counsel for young,inexperienced,illiterate,and indigent defendants in capital cases in:

A)Gideon v.Wainwright (1963)
B)Johnson v.Zerbst (1938)
C)Powell v.Alabama (1932)
D)Mempa v.Rhay (1967)

Answer 1

Powell v.Alabama (1932)

Question 2

The U.S.Supreme Court held that defendants are entitled to effective assistance of counsel in:

A)Argersinger v.Hamlin (1972)
B)Strickland v.Washington (1984)
C)Norris v.State of Alabama (1935)
D)Bordenkircher v.Haye (1978)

Answer 2

B

Question 3

The U.S.Supreme Court held that the exclusion of all African Americans from jury service deprived African American defendants of their right to equal protection of the laws guaranteed by the Fourteenth Amendment in:

A)Argersinger v.Hamlin (1972)
B)Strickland v.Washington (1984)
C)Norris v.State of Alabama (1935)
D)Bordenkircher v.Haye (1978)

Answer 3

Norris v.State of Alabama (1935)

Question 4

The second bail reform movement occurred during the:

A)1950s
B)1960s
C)1970s
D)1980s

Question 5

The U.S.Supreme Court applied the right to counsel at all critical stages in the criminal justice process,not just at trial,in:

A)Gideon v.Wainwright (1963)
B)Johnson v.Zerbst (1938)
C)Powell v.Alabama (1932)
D)Mempa v.Rhay (1967)

Question 6

The right to counsel in all criminal prosecutions is established in the __________ Amendment to the U.S.Constitution.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 7

In 1951 there were only _ public defender organizations in the US.

A)2
B)25
C)7
D)35

Question 8

The U.S.Supreme Court extended to the states the requirement to appoint for all indigent defendants in:

A)Gideon v.Wainwright (1963)
B)Johnson v.Zerbst (1938)
C)Powell v.Alabama (1932)
D)Mempa v.Rhay (1967)

Question 9

The emphasis of bail reform efforts in the 1970s was:

A)fair treatment of poor defendant's.
B)reduction of pretrial detention.
C)reduction of racial/ethnic bias.
D)preventive detention.

Question 10

The U.S.Supreme Court held that federal criminal procedure rules regarding discovery do not require release of documents needed to make a selective prosecution claim in:

A)U.S.v.Armstrong et al.(1996)
B)Bordenkircher v.Haye (1978)
C)United States v.Salerno (1987)
D)Strickland v.Washington (1984)

Question 11

The strongest predictor of the outcome of a bail decision is:

A)the defendant's economic status.
B)the seriousness of the offense.
C)the defendant's race.
D)the prosecutor's recommendation.

Question 12

The U.S.Supreme Court required the appointment of counsel for all indigent defendants in federal criminal cases in:

A)Gideon v.Wainwright (1963)
B)Johnson v.Zerbst (1938)
C)Powell v.Alabama (1932)
D)Mempa v.Rhay (1967)

Question 13

In most states,__________ felony cases are dismissed by the prosecutor prior to a determination of guilt or innocence.

A)from one-third to one-half of all
B)almost no
C)very few
D)about one-tenth of all

Question 14

The __________ found that the majority of defendants released on their own recognizance did appear for trial.

A)Congressional Bail Commission
B)Manhattan Bail Project
C)American Civil Liberties Union
D)Kerner Commission

Question 15

The U.S.Supreme Court held that the decision to prosecute may not be deliberately based upon an unjustifiable standard such as race,religion,or other arbitrary classification in:

A)Argersinger v.Hamlin (1972)
B)Strickland v.Washington (1984)
C)Norris v.State of Alabama (1935)
D)Bordenkircher v.Haye (1978)

Question 16

The first bail reform movement occurred during the:

A)1950s
B)1960s
C)1970s
D)1980s

Question 17

The U.S.Supreme Court upheld legislation authorizing preventive detention of dangerous defendants in:

A)U.S.v.Armstrong et al.(1996)
B)Bordenkircher v.Haye (1978)
C)United States v.Salerno (1987)
D)Strickland v.Washington (1984)

Question 18

The emphasis of bail reform efforts in the 1960s was:

A)fair treatment of poor defendant's.
B)reduction of pretrial detention.
C)reduction of racial/ethnic bias.
D)preventive detention.

Question 19

Repeated studies consistently show that pretrial detention has __________ on other case processing decisions.

A)no discernable effect
B)"spillover" effects
C)only slight effect
D)pronounced effects

Question 20

The U.S.Supreme Court barred imprisonment of a person for any offense unless they are represented by counsel in:

A)Argersinger v.Hamlin (1972)
B)Strickland v.Washington (1984)
C)Norris v.State of Alabama (1935)
D)Bordenkircher v.Haye (1978)

Question 21

The Manhattan Bail Project found that the majority of defendants released on their own recognizance did not appear for trial.

Question 22

The second bail reform movement,which emerged in the 1970s,emphasized _________ detention.

Question 23

The Civil Rights Act 0f 1964 provided the legal basis for racially mixed juries.

Question 24

A survey of inmates incarcerated in state and federal prisons in 1997 revealed that about __ percent of the state inmates and __ percent of the federal inmates were represented by a public defender or assigned counsel.

A)25,35
B)73,60
C)80,90
D)45,50

Question 25

The Supreme Court has ruled that defendants are entitled to __________ assistance of counsel.

Question 26

Racial minorities are at a __________ in court both because of their race and because they are more likely than whites to be poor.

Question 27

In 2007,almost __ percent of all licensed lawyers were white and only __ percent were racial minorities.

A)80,20
B)90,10
C)70,30
D)95,5

Question 28

Prosecutors exercise limited discretion in deciding whether to file formal charges.

Question 29

Among those enrolled in law schools in 2003,___ percent were African American,Hispanic,Asian,or Native American.

A)10.6
B)20.6
C)30.6
D)40.6

Question 30

When asked about the amount of racial bias that currently exists in the justice system,more than half of the African American lawyers,but only __ percent of the white lawyers,answered "very much."

A)5
B)6.5
C)12.5
D)25

Question 31

The American Bar Association's 2000 report on the progress of minorities in the legal profession concluded that minority entry into the profession had stalled and that the obstacles to minority entry into the profession had grown more formidable.

Question 32

The rising crime rate of the 1970s generated a concern for crime control and led to the second bail reform movements.

Question 33

Racial minorities are at a disadvantage in court both because of their race and because they are more likely than whites to be poor.

Question 34

There is ample evidence that the War on Drugs is being fought primarily in African American and _______ communities.

Question 35

The __________ Amendment to the U.S.Constitution provides the right to counsel in a criminal prosecution.

Question 36

Prosecutors can reject charges as felonies but prosecute them as misdemeanors.

Question 37

_______ is the case regarding a white student suing for admission to the University of Michigan Law School.

A)Argersinger v.Hamlin
B)Grutter v.Bollinger
C)Norris v.State of Alabama
D)Bordenkircher v.Haye

Question 38

Those who are detained prior to trial are more likely to be convicted and receive harsher sentences than those who are released pending trial.

Question 39

There is evidence that judges in some jurisdictions continue to take race into account in deciding on the type and amount of bail.

Question 40

Concerns about the rights of poor defendants and the consequences of detention prior to trial led to the bail reform movement of the 1960s.

Question 41

In September of 2006 an African American student at Jena (Louisiana)High School defied tradition and sat under a large oak tree in the center of campus that was "reserved" for whites.The next day,three ___________ were found dangling from the tree.

Question 42

Racial minorities and men were less likely than whites and women to be released on their own __________.