Deck 10: The Bench and the Bar: Those Who Judge, Prosecute, and Defend

Question 1

In which model of judicial selection is the candidate nominated and appointed/elected by the state legislature?

A) commission-based appointment
B) legislative commission appointment
C) legislative appointment/election
D) merit selection

Answer 1

C

Question 2

How are federal judges selected?

A) They are selected by the president from a list of qualified candidates.
B) They are nominated by the president and confirmed by the Senate.
C) They are elected by state court judges in a general election.
D) They are elected by citizens living in their federal judicial district.

Answer 2

B

Question 3

A state wants to take actions to try and restore public trust in their state court judges. They want to change the perception that judges are simply "politicians in robes." What could the state do to achieve this outcome?

A) write laws requiring judges to recuse themselves from a case if one of the parties involved was a donor to their campaign
B) change the method of judicial selection from a legislative appointment to a gubernatorial appointment
C) write laws which make it easier for special interest groups to fund judicial campaigns
D) ensure that every candidate is officially endorsed by a political party

Answer 3

A

Question 4

Which of the following would be a preferable course of action for a new judge?

A) slowly make changes to the operation of the courtroom workgroup
B) make decisions and rulings based on their knowledge and experience
C) accept help and mentoring from more experienced court staff and other judges
D) immediately make changes to the operation of the courtroom workgroup

Question 5

Which method of judicial selection might require confirmation by the state legislature or an executive counsel?

A) commission-based appointment
B) gubernatorial appointment
C) legislative appointment
D) executive counsel appointment

Question 6

What is one of the concerns about judges facing election?

A) Elections might compromise judicial impartiality.
B) Election fundraising can be time consuming.
C) Elections take judges' focus away from work.
D) Elections detract from the confidentiality of court proceedings.

Question 7

Which of the following is true of the partisan election model for selecting judges?

A) After election, the judicial candidate must be confirmed by the governor.
B) After election, the judicial candidate must be confirmed by the state legislature.
C) Voters cast ballots to retain or not retain the judicial candidate.
D) Voters cast ballots for judicial candidates as they would for other public officials.

Question 8

Which of the following are benefits of being a judge?

A) State court judges serve lifetime appointments.
B) Being a judge is considered the pinnacle of a legal career.
C) Judge's salaries are higher than those of lawyers in private practice.
D) Judges receive take-home cars and a security detail.

Question 9

The commission-based appointment is also referred to as ______.

A) partisan election
B) nonpartisan election
C) Missouri plan
D) gubernatorial appointment

Question 10

Which of the following statements is true of the commission-based appointment system of selecting judges?

A) In retention elections, the voters are asked whether the judge should remain on the bench.
B) In retention elections, the candidate's political party affiliation is listed on the ballot.
C) The appointment may require confirmation by the state legislature.
D) The appointment may require confirmation by the state senate.

Question 11

Why did former Supreme Court Justice Sandra Day O'Connor say "if I could wave a magic wand, I would wave it to secure some kind of merit selection of judges across the country"?

A) Elections are too time consuming compared to merit selection.
B) Elections lead to less politically connected judges on the bench.
C) There is significant evidence proving that courts have become increasingly political in the past decade.
D) Judicial elections contribute to the public's perception that judges are "politicians in robes."

Question 12

What length term do federal judges serve?

A) They serve for life.
B) They serve 6-year terms.
C) They serve 4-year terms.
D) They serve 10-year terms.

Question 13

How is the majority of a judge's time spent?

A) considering weighty judicial issues and precedent
B) presiding over trials and hearings
C) reviewing and signing petitions
D) managing administrative tasks

Question 14

What kind of training do new judges typically receive?

A) an orientation and training in addition to continuing education
B) a binder with courtroom policies and procedures
C) no training; they already know the job
D) they are assigned a more experienced judge as a mentor

Question 15

Which method of judicial selection is more likely to result in qualified individuals being selected as a judge in the state court system, even if those individuals lack political connections?

A) commission-based appointment
B) partisan election
C) nonpartisan election
D) gubernatorial appointment

Question 16

Approximately what percentage of cases heard in the United States are handled by state court judges?

A) 66%
B) 78%
C) 50%
D) 97%

Question 17

In the ______ method of judicial selection, the applicant is evaluated by a nominating commission, which sends a list of best-qualified candidates to the governor for selection.

A) gubernatorial appointment
B) legislative appointment
C) commission-based appointment
D) committee appointment

Question 18

After a long career as a private attorney, Mary decides that she wants to become a state court judge. She files paperwork to run as a Republican and begins fundraising for the upcoming election. Which method of judicial selection is she participating in?

A) legislative election
B) non-partisan election
C) partisan election
D) merit selection

Question 19

Which of the following may explain why public opinion polling found that 70% of the public are more distrustful of their judges than they have been in the past?

A) States are increasingly moving to political judicial selection methods, rather than merit-based selection.
B) Judges are increasingly recusing themselves from cases where they have personal, political, or financial connections to the parties involved in the case.
C) Several states have passed laws eliminating political fundraising by judicial candidates.
D) Special interest groups have dramatically increased their funding of judicial elections, often while pressuring candidates to openly share their political views.

Question 20

What type of judicial selection method often requires that the selected judges periodically run unopposed in retention elections, which allows voters to decide whether or not they should remain on the bench?

A) partisan election
B) merit selection
C) non-partisan election
D) legislative election

Question 21

Which courtroom player is responsible for the charging decision, the bail decision, and offering plea agreements?

A) the defense attorney
B) the prosecutor
C) the judge
D) the local police chief

Question 22

Which of the following provides guidance to U.S. Federal judges in order to promote ethical behavior?

A) Congress
B) The Federal Committee for Judicial Conduct
C) The American Bar Association
D) The Committee on Codes of Conduct of the Judicial Conference of the United States

Question 23

Which of the following is not an example of prosecutorial discretion?

A) issuing an arrest warrant
B) determining the type of charge
C) weighing whether or not to charge an offender
D) deciding whether to offer a plea agreement

Question 24

The ______ provides a set of ethical principles and guidelines for judges.

A) Ethical Code of the Judicial Branch
B) Code of Judicial Ethics
C) Model Code of Judicial Conduct
D) Federal Statutes for Judicial Conduct

Question 25

Why would a judge accept recommendations from prosecutors, probation officers, and defense counsel, their "courtroom work group," when making decisions in the courtroom?

A) They rarely accept recommendations because they are usually more informed about the case than other members of the courtroom work group.
B) They are required to do so by law.
C) They may be negatively sanctioned if they ignore the informal advice of the courtroom work group.
D) They accept input in order to avoid doing independent research on the legal issues involved in the case.

Question 26

What methods do judges have to ensure courtroom civility among attorneys?

A) prohibiting attorneys from practicing in their courtroom
B) fining attorneys for misconduct
C) reporting attorneys to disciplinary boards
D) reassigning counsel to the case

Question 27

Why do new judges often have to make new friends?

A) They are not allowed to socialize with attorneys anymore.
B) Their former lawyer friends tend to avoid them.
C) Judges are discouraged from socializing with other judges.
D) Judicial chambers are locked so others cannot meet with judges.

Question 28

Why would it be considered inappropriate for a judge to have a YouTube channel where they post video commentary on political issues?

A) Because of their privileged position, they must carefully research their videos because any inaccuracies might be believed by the public.
B) A judge should not have political opinions.
C) Due to their importance, judges have more power to influence politics than average citizens.
D) The partisan nature of their videos would make them appear biased, which would impact perceptions of the judiciary as a whole.

Question 29

What is the prosecutor's primary responsibility in the criminal justice system?

A) to ensure a conviction
B) to see that justice is served
C) to punish offenders
D) to present a vigorous defense

Question 30

Judge Smith has just been elected to the bench. She immediately begins to reach out to more experienced judges for legal advice, as well as signing up for a few legal seminars. This will help her ______.

A) master the law that she will be required to know and apply
B) handle her administrative duties in the courtroom
C) cope with the psychological discomfort common in her new position
D) campaign during the next judicial election

Question 31

Who is considered the single most powerful person in the American criminal justice system?

A) the judge
B) the defense attorney
C) the prosecutor
D) the local police chief

Question 32

Which of the following describes "good judging"?

A) They are judges 24 hr a day.
B) They focus on establishing dominance in the courtroom.
C) They are aware of the need for intellectual humility.
D) They allow the law to become their entire life.

Question 33

Which of the following statements accurately represents the benefits and challenges of being a judge?

A) Judges' is much higher than for lawyers in private practice.
B) Judges are the primary decision makers in the courtroom, and routinely ignore recommendations from prosecutors and probation officers.
C) Judges are expected to immediately conduct trials with little preparation.
D) Judges warrant a high degree of respect, and occupy a vital and prestigious position in the criminal justice system.

Question 34

Which of the following examples would be discouraged by The Committee on Codes of Conduct of the Judicial Conference of the United States?

A) A judge forwards inappropriate jokes from his work e-mail.
B) A judge has an active Twitter account.
C) A judge comments, "Thank you for the landscaping ideas!" on a story about gardening on local newspaper's Facebook page.
D) A judge maintains a non-partisan blog that features several essays about Constitutional law.

Question 35

Judge Stone has been a jurist for decades. Recently, he has been experiencing some issues with cognitive decline, which have caused him to make mistakes on the bench. Judge Stone would be considered to have ______.

A) character
B) black robe disease
C) good judging characteristics
D) immunity

Question 36

Judge Jones often keeps his court waiting more than 30 min for him to enter the courtroom, typically calls attorneys by their first names, and issues random disrespectful comments during court proceedings. What is the best way to characterize Judge Jones' behavior?

A) judicial arrogance
B) substance abuse
C) misfeasance
D) nonfeasance

Question 37

Before making their decision, a judge may ask the prosecutor for a recommendation regarding bail for the accused. By asking for input, the judge is ______.

A) taking advantage of a courtroom work group
B) following a statutory requirement to obtain input from prosecutors
C) engaging in judicial misconduct
D) avoiding the psychological discomfort of making the decision

Question 38

There are many qualities that make for "good judging." How would you explain why it is necessary for a judge to stay grounded and remember that they are not infallible or omnipotent?

A) The judiciary is a challenging job, so judges must be able to withstand criticism from the bar association.
B) Judges must be willing to recognize their faults and work to correct them because their mistakes can harm the reputation of the entire judicial system.
C) Judges must recognize that in spite of their respected position, they cannot control the behavior of attorneys in their courtrooms.
D) Chief judges may be required to address judicial misconduct in their subordinates.

Question 39

Which member of the courtroom workgroup is considered the "gatekeeper" of the criminal justice system?

A) the prosecutor
B) the defense attorney
C) the judge
D) the local police chief

Question 40

Why is it important for judges to enforce courtroom civility?

A) Incivility damages the courts' public image.
B) If an attorney personally attacks a member of the court, the case will have to be retried.
C) Judges must appear to have total control of the courtroom at all times.
D) Judges are required by the law to punish attorneys, defendants, members of the jury, or spectators for uncivil behavior.

Question 41

The three systems for providing legal representation to indigent persons include each of the following EXCEPT the ______.

A) public defender system
B) assigned counsel system
C) contract system
D) private defense system

Question 42

The ______ of a criminal proceeding include interrogation, arraignment, and trial--the points at which rights of the accused can be lost.

A) pretrial stages
B) initial appearances
C) trial events
D) critical stages

Question 43

A relatively new member of the courtroom workgroup is the ______, who often have degrees in criminal justice, social work, or psychology.

A) victim advocate
B) court reporter
C) bailiff
D) expert witness

Question 44

Which of the following factors would a prosecutor take into consideration with regard to filing charges or not?

A) the number of cases in which charges have been filed for the month
B) which judge the case would be assigned to for handling the case
C) whether the defense attorney is a public defender or private counsel
D) the number of counts in the complaint

Question 45

To say that a defendant had "ineffective counsel" means ______.

A) the defense attorney made mistakes in representing the defendant, but the mistakes did not affect the overall outcome of the case
B) the defense attorney did not receive adequate compensation and therefore did not defend the case as it should have been
C) the defense attorney provided inadequate assistance that negatively impacted the outcome of the case
D) the defendant chose to represent himself, which negatively impacted the outcome of the case

Question 46

What is the possible strategy of a defense attorney who repeatedly asks the court for a continuance in the case?

A) to have the case reassigned to a different judge
B) to wait for the victim to change his or her mind about pursuing the case
C) to accumulate more billable hours in the case
D) to delay the case until publicity diminishes

Question 47

Which of the following professions enjoys "civil immunity" for misconduct they engaged in during their official duties?

A) doctors
B) police officers
C) defense attorneys
D) prosecutors

Question 48

A defendant who was found guilty of murder and complains that his defense attorney did not check out the defendant's alibi or interview witnesses could potentially claim ______.

A) ineffective counsel
B) exceptional counsel
C) appointed counsel
D) incompetent counsel

Question 49

Defense attorneys who are private counsel appointed by the court on an as-needed basis would belong in which category?

A) public defender
B) assigned counsel
C) legal defender
D) contract attorney

Question 50

Which of the following is an advantage of the contract system of appointed counsel?

A) greater expertise of attorneys
B) contracts go to the lowest bidder
C) attorneys are most familiar with the courtroom workgroup
D) smaller caseloads than other appointed counsel systems

Question 51

Who does the prosecutor represent in a criminal case?

A) the people of the state (victims in particular)
B) the interests of the government
C) the police department that investigated the case
D) the legislature because it is the law-making body of the state

Question 52

A ______ defendant is one who chooses to represent him or herself.

A) pro tempore
B) nolo contendere
C) quid pro quo
D) pro se

Question 53

Which of the following describes a disadvantage of the assigned counsel system?

A) Counsel may be ineffective due to going for the "lowest bidder" and interfere with the defendant's Sixth Amendment rights.
B) The attorney may have little experience with the criminal matter involving their client.
C) The attorney may be prohibitively expensive.
D) Counsel may not be willing to participate in the system, and may refuse to take the case.

Question 54

Defendants cannot sue ______ for civil damages for how they handle a case.

A) police officers
B) bailiffs
C) prosecutors
D) defense lawyers

Question 55

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

A) judicial power
B) prosecutorial discretion
C) statutory judgment
D) prosecutorial authority

Question 56

What is the primary responsibility of the defense attorney?

A) to certify that justice is served
B) to prove the defendant's innocence
C) to ensure the defendant's rights are preserved
D) to accurately account for billable hours

Question 57

A prosecutor receives a case with insufficient evidence and some concerns about how evidence was collected. Which of the following options are open to the prosecutor?

A) The prosecutor is obligated to file charges.
B) The prosecutor can choose not to file charges in the case.
C) The prosecutor may transfer the case to another prosecutor.
D) The prosecutor may petition the judge for further direction.

Question 58

The accused person's right to counsel is guaranteed by which amendment?

A) the Third Amendment
B) the Fourth Amendment
C) the Fifth Amendment
D) the Sixth Amendment

Question 59

Which of the following is one of the important duties of a defense attorney?

A) set bail for the accused
B) decide whether or not charges should be filed
C) inform the accused of the charges and the possible punishments
D) rely only on evidence collected by police during their investigation

Question 60

In ______, the U.S. Supreme Court observed that "there can be no equal justice where the kind of trial a man gets depends on the amount of money he has."

A) Griffin v. Illinois
B) Thompson v. Illinois
C) McKeiver v. Wisconsin
D) Tennessee v. Griffin

Question 61

Less than ______ of criminal cases go to trial.

A) 50%
B) 30%
C) 20%
D) 10%

Question 62

In the gubernatorial appointment method of selecting judges, judicial applicants are evaluated by a nominating commission, which sends a list of best-qualified candidates to the governor, who then appoints one of the nominees.

Question 63

No two states use the exact same method of selecting judges.

Question 64

Some judges are selected in nonpartisan elections, where their names appear on a ballot without any political party affiliation noted.

Question 65

Which of the following members of the courtroom work group is responsible for moving defendants in and out of the courtroom?

A) detective
B) defense attorney
C) clerk
D) bailiff

Question 66

Our criminal justice system features an ______ system during trials, in which prosecutors and defense attorneys battle to win cases.

A) subcultural
B) judicial
C) adversarial
D) competitive

Question 67

The courtroom subculture is shaped in large part by the need to ______.

A) process large numbers of cases
B) embody the "adversarial" ideal of two actors battling to win the case
C) avoid civil charges for misconduct
D) respond to political pressure

Question 68

Among the benefits of being a judge are the higher pay than is made by a private attorney, a security detail, and a high level of prestige and respect.

Question 69

Which of the following positions is responsible for creating transcripts of the trial proceedings?

A) administrative assistant to the prosecutor
B) court reporter
C) judicial clerk
D) judge

Question 70

Which constitutional amendment guarantees the right to a speedy trial?

A) the Sixth Amendment
B) the First Amendment
C) the Eighth Amendment
D) the Fourteenth Amendment

Question 71

New judges know the job before taking on the position; there is no need to train new judges.

Question 72

What is the term that describes criminal justice professionals who cooperate in order to move cases through the court system?

A) court administration
B) criminal justice work group
C) courtroom work group
D) criminal justice administrative group

Question 73

Judicial training schools and seminars have been developed to help ease the transition of new judges into the position.

Question 74

Which of the following represents a common defense strategy undertaken by defense counsel?

A) highlighting the defendant's faults in order to gain the trust of the jury
B) trying to make the victim appear to deserve what happened to them
C) conserving defense resources by focusing only on investigating a few prosecution witnesses rather than investigating all of them
D) attempting to coerce the defendant into pleading guilty, even though they have strongly refused to do so

Question 75

Which member of the criminal justice system is responsible for coming up with ways to compensate a victim?

A) defense attorney
B) prosecutor
C) judge
D) police officer

Question 76

Surprisingly, special interest groups have had little impact on the composition of state courts.

Question 77

In the commission-based method of selecting judges, a selection commission evaluates potential nominees, makes selections, and the candidates are confirmed by the state legislature.

Question 78

Judicial election is under increased scrutiny due to concerns a judge's impartiality may be compromised if he or she has to face re-election by the public.

Question 79

All of the following are part of the courtroom work group EXCEPT ______.

A) prosecutors
B) defense attorneys
C) court reporter
D) police detective

Question 80

Because most of a judge's time is spent on administrative duties, new judges should have strong administrative skills.