Deck 5: Courts and Criminal Procedure

Question 1

In which type of criminal justice system are trials seen as contests between rivals on an equal footing who are primary responsible for defining the issues and investigating/processing the case?

A) Adversarial
B) Inquisitorial
C) Hybrid
D) None of the above

Answer 1

A

Question 2

In which type of criminal justice system is the trial process enacted as an inquiry aimed at establishing the truth of the events that resulted in the commission of a crime?

A) Adversarial
B) Inquisitorial
C) Hybrid
D) None of the above

Answer 2

B

Question 3

The _______ process places a higher value on the discovery of truth, whereas the _______ process is only prepared to discover truth within strict evidential and procedural boundaries.

A) Adversarial, Inquisitorial
B) Hybrid, Adversarial
C) Adversarial, Hybrid
D) Inquisitorial, Adversarial

Answer 3

D

Question 4

Which of the following is NOT true in regards to the inquisitorial criminal justice system?

A) The court controls the process through rigid rules and procedures
B) Favors documentary evidence
C) Trials are not required to establish the truth
D) Verdicts are decided upon by professionally trained career judges

Question 5

Which of the following is NOT a commonality found within almost all justice systems?

A) Heavy emphasis on oral presentation of evidence
B) A presumption of innocence in some form
C) A right to legal representation
D) A right to question the evidence brought against an accused

Question 6

Which of the following gave defense the right to speak last in criminal trial, consolidating adversarial contempt?

A) Sessions Papers of the Old Bailey Criminal Court
B) Prisoners' Counsel Act
C) Criminal Procedure Act
D) Prisoners' Evidence Act

Question 7

Which of the following is NOT one of the three phases in the French criminal procedure?

A) Interrogation by the police judiciaire
B) The preliminary investigation including the garde a vue
C) The judicial investigation phase conducted by the juge d'instruction
D) The trial phase

Question 8

Which of the following elements are included in the French Dossier?

A) Record of warrants
B) Original police report
C) Results of searches and of any modes of surveillance
D) A and B
E) All of the above

Question 9

In which region of the world did the text discuss UNAID's involvement in advancing democratization?

A) Africa
B) Latin America
C) Eastern Europe
D) Southeast Asia

Question 10

Which of the following was NOT listed as an example of resisting democratic reform?

A) Reluctance to increase protection in the rights of the accused in El Salvador
B) Continued incoherence in assessing evidence in Guatemala
C) Widespread rioting in the streets of Argentina
D) Culture of conservatism and ritual in legal community in Chile

Question 11

Which of the following is true in regards to the Prokuratura in the Soviet Union?

A) It was established by Peter the Great for the investigation and prosecution of criminal matters
B) It cooperated with the KGB and operated as a state-sponsored agency of coercion/oppression
C) It no longer functions under Russian Criminal Code
D) A and B
E) All of the above

Question 12

Which of the following is NOT one of the four issues that Soviet juries would render a verdict on?

A) Whether the crime was committed
B) Whether the defendant committed the acts charged
C) Whether the defendant is guilty of the crime
D) The intent with which the defendant committed the crime

Question 13

Which Chinese philosophy stated that the law can convict, but cannot teach the virtues of benevolence?

A) Confucianism
B) Legalism
C) Legal Reform
D) Legal Scholarship

Question 14

Which Chinese philosophy stated that punishment is more likely to deter people from committing crimes?

A) Confucianism
B) Legalism
C) Legal Reform
D) Legal Scholarship

Question 15

Which of the following detailed regulations on how persons behave and possible punishments?

A) Legalism
B) Law Codes
C) Legal Reform
D) Legal Scholarship

Question 16

What term best explains the movement launched by Mao to purge "counter-revolutionaries" in the Communist Party?

A) Confucianism
B) Legal Reform
C) Cultural Revolution
D) Legal Scholarship

Question 17

What term best explains the 2,000 laws, regulations, and decrees passed concerning economic reform in Chinese criminal procedure?

A) Law Codes
B) Legal Scholarship
C) Cultural Revolution
D) Legal Reform

Question 18

What term best explains the converging status enjoyed by judges, prosecutors, and lawyers in Chinese criminal procedure?

A) Legal Reform
B) Legal Scholarship
C) Law Codes
D) Legalism

Question 19

Which of the following is not one of the main organs of the National People's Congress in the contemporary Chinese legal system?

A) State Council
B) State Defense Council
C) Supreme People's Procuratorate
D) Supreme People's Court

Question 20

Of the following examples, which best describe the Chinese Communist Party's influence over courts and judges?

A) Courts are required to enter verdicts as directed by the CCP
B) A written note may be sent to the court instructing it to judge a case in a certain way
C) Judges may be hounded if they defy favors asked of them
D) A and B
E) All of the above

Question 21

Chinese criminal cases can be classified as:

A) Criminal, civil, economic, or administrative
B) Criminal, local, national, or international
C) Criminal, civil, political, or systematic
D) Criminal, economic, political, or judiciary

Question 22

The four stages of trial included in Chinese criminal procedure are:

A) Pre-trial, first appeal, second appeal, execution of criminal punishment
B) Pre-trial, first instance, second instance, execution of criminal punishment
C) Pre-trial, trial, execution of criminal punishment, appeal
D) Pre-trial, interrogation, trial, execution of criminal punishment

Question 23

Which of the following is NOT true in regards to prosecution in the U.S.?

A) Federal prosecutors are politically appointed in 93 judicial districts
B) Federal prosecutors are directly accountable to those who elect them
C) Prosecution is the most reviewed exercise of the power of criminal law in the American system of justice
D) A and C
E) None of the above

Question 24

Which of the following are resources for prosecutorial guidelines in the U.S.?

A) United States Attorneys' Manual
B) Criminal Resource Manual
C) Sessions Papers of the Old Bailey Criminal Court
D) A and B
E) All of the above

Question 25

Of the following, which are taken into account when prosecutors are deciding what cases to prosecute and how to handle them?

A) Media reactions
B) Public opinion
C) Political considerations
D) All of the above

Question 26

Roughly what percentage of criminal cases are resolved using plea bargaining in the U.S.?

A) 25%
B) 45%
C) 75%
D) 95%

Question 27

In 2003, roughly what percentage of German case dispositions involved dismissals?

A) 5%
B) 10%
C) 50%
D) 80%

Question 28

Which of the following is true in Japanese prosecution?

A) Over 90% of defendants confess
B) Serious crime is rare
C) Prosecutors have light caseloads
D) B and C
E) All of the above

Question 29

Which of the following is NOT an important objective for Japanese prosecutors?

A) Discovering the truth about a case
B) Invoking remorse in defendants
C) Imposing severe punishments as a deterrent from reoccurring crime
D) Rehabilitating and reintegrating defendants into the community

Question 30

Which of the following is NOT an important factor in Japanese prosecutors deciding whether a suspect will be charged?

A) Damage done by the offense
B) Likelihood of reoffending
C) Whether the suspect repents
D) The relationship between the suspect and victim

Question 31

Which of the following is true in regards to democratization?

A) It can enable businesses to grow in a free market environment
B) It requires an efficient justice system
C) It demonstrates a commitment to adhering to rule of law
D) A and B
E) All of the above

Question 32

What were popular opinions regarding hesitations developing countries had towards democratization?

A) A jury chosen from random citizens would not be competent
B) Introducing human rights would lessen punishments for convicted criminals
C) Unwillingness to accept that the outcome of a trial depends on quality of advocacy
D) A and C
E) A and B

Question 33

In which country is "confession psychology" a predominant attitude in criminal prosecution?

A) Russia
B) Japan
C) China
D) France

Question 34

Which of the following is not true regarding police and prosecutor relations?

A) Prosecutors are the primary authority over the police's actions in investigations
B) Prosecutors consult with police in investigations
C) Tensions can arise when police feel prosecutors are not tough enough, or prosecutors have concerns about lawfulness of police action in obtaining evidence
D) Crown Protection Services in England and Wales demand compromise between police and prosecutors

Question 35

According to the text, in what country do prosecutors rule the criminal justice system?

A) Russia
B) Japan
C) The United States
D) France

Question 36

U.S. media represents lawyers as "champions of justice and liberty".

Question 37

By the first half of the 1990s, replacing inquisitorial procedure codes was part of most, if not all, USAID country mission portfolios in Latin America.

Question 38

The jury system in Russia was abolished by the communist revolution in 1917 and never re-established.

Question 39

The New Russian Criminal Code Procedure caused the rate of acquittals to decrease.

Question 40

There is no separation of powers in Chinese law.

Question 41

The State Attorney General can control the actions of district attorneys.

Question 42

In Japan, a display of remorse shows the accused person's respect towards their community.

Question 43

Japan has a conviction rate of 97%.

Question 44

Approximately 60% of the work done by Japanese prosecutors is related to investigating.

Question 45

The U.S. has a preference for the inquisitorial system.

Question 46

Compare and contrast the adversarial and inquisitorial models of criminal justice. What are the downfalls of each model?

Question 47

Explain the effects of democratization efforts in Latin America, and give an example of resistance from a specific country.

Question 48

Compare and contrast the fundamental objectives of the American and Japanese criminal justice systems. Which do you feel is most effective in deterring crime?