Deck 11: Issues in the Courts

Question 1

The fact that the legal profession is self-governing means that

A) there is no accountability for misconduct.
B) attorneys' behavior is regulated by other attorneys.
C) ethical behavioral guidelines are murky.
D) disciplinary action is conducted by outside agencies.

Answer 1

B

Question 2

Which type of sentencing scheme allows the judge the least amount of discretion?

A) indeterminate
B) guidelines
C) flat-time
D) presumptive

Answer 2

C

Question 3

What is the primary purpose of life tenure without salary diminution for judges?

A) to reward judges for years of dedicated service
B) to entice competent and skilled law professionals to pursue judgeships
C) to streamline the court process
D) to allow judges to make decisions without fear of repercussions

Answer 3

D

Question 4

Which Supreme Court case involved the standards of voluntariness in plea bargaining?

A) Santobello v. New York
B) Miranda v. Arizona
C) United States v. Windsor
D) Brady v. United States

Question 5

How may long delays in the trial process negatively affect the credibility of the justice system?

A) It allows guilty defendants to go free.
B) Confidence in the judicial system declines.
C) It promotes mass incarceration.
D) Plea bargaining increases.

Question 6

All of the following are solutions to overcrowding except:

A) increasing the size of juries
B) hiring more court personnel
C) eliminating preliminary hearings
D) creating specialized courts

Question 7

Another term for determinate sentencing is

A) presumptive guidelines.
B) voluntary sentencing
C) no-fault guidelines.
D) fixed sentencing.

Question 8

Which of the following is an example of judge-made law?

A) passive euthanasia
B) the Civil Rights Act of 1964
C) Miranda rights
D) the Voting Rights Act of 1965

Question 9

Which type of determinate sentence allows the judge to consider aggravating and mitigating circumstances?

A) flat-time sentences
B) mandatory sentences
C) voluntary sentences
D) presumptive sentences

Question 10

The merit plan of selecting judges is also called the

A) Missouri plan.
B) O'Connor method.
C) legislative means.
D) virtue strategy.

Question 11

Which successful practice in divorce cases has been suggested to speed up the court process?

A) the no fault option
B) equitable distribution of property
C) mediation for less serious cases
D) split custody arrangements

Question 12

Which system of sentencing is based on the assumption that inmates should be held in prison until they are cured or rehabilitated?

A) determinate sentencing
B) discrete sentencing
C) indeterminate sentencing
D) truth in sentencing

Question 13

Complaints against attorneys are fairly __________, but prosecutions are relatively __________.

A) public; private
B) private; public
C) rare; common
D) common; rare

Question 14

Sentencing guidelines are based on __________ and __________.

A) type of offense, offender's criminal history
B) a range of time, offender's behavior
C) parole decisions, potential for rehabilitation
D) judge's discretion, crime committed

Question 15

What is the concern with judge-made law?

A) Judges are making decisions based on loyalty.
B) Judges are not necessarily held accountable by the people.
C) Judges are often not exposed to controversial topics.
D) Judges are increasingly focused on public opinion.

Question 16

Judges may be removed from office in all of the following ways except:

A) impeachment
B) recall elections
C) layoff
D) resolutions of the legislature

Question 17

Which individual is a likely proponent of plea bargaining?

A) Mark asserts that plea bargaining allows guilty offenders to go free without sufficient punishment.
B) Eva asserts that if every person accused of a crime wanted a full trial, the court system would collapse.
C) Josh believes that plea bargaining is used disproportionately with poor, minority defendants.
D) Sara believes that most attorneys plea bargain as a shortcut for their own benefit.

Question 18

A defendant's inability to continue with daily life and a denial of the constitutional right to a speedy trial are potential consequences of

A) court backlogs.
B) excessive use of force.
C) truth in sentencing laws.
D) plea bargaining.

Question 19

Which statement is true of the Comprehensive Crime Control Act?

A) It initiated good time credits for inmates.
B) It alleviated much of the state prison burden.
C) It provided a fixed, or definite, time for a sentence imposed on a convicted offender.
D) It was prompted by concern that too many offenders were being released early.

Question 20

Which method of selecting judges is a combination of elections and appointments?

A) legislative appointment
B) elections
C) executive appointment
D) merit

Question 21

Which statement best summarizes the research on drug courts?

A) Research shows that drug courts help offenders successfully break their drug addictions but not their criminal behavior.
B) Research shows that drug courts reduce court backlogs but doesn't impact re-arrest rates for the long haul.
C) Research shows that drug courts have a high attrition rate due to strict participation requirements, which result in high, re-arrest rates.
D) Research shows that drug courts are very successful in treating the addiction and the resulting criminal behavior.

Question 22

Which standard for determining insanity combines the McNaughten rule with the irresistible impulse standard?

A) the ALI rule
B) guilty but mentally insane
C) the Durham rule
D) the Brawner rule

Question 23

Substantial revisions in the federal insanity defense law were made after the assassination attempt on

A) Ronald Reagan.
B) Malcolm X.
C) Huey Long.
D) Harvey Milk.

Question 24

Which case first established juveniles' rights in court?

A) In re Gault
B) Durham v. United States
C) Mapp v. Ohio
D) Kent v. United States

Question 25

Which statement is most accurate about prosecutor misconduct?

A) Most prosecutor misconduct is the result of incompetence or poor training.
B) Prosecutor misconduct is typically investigated by judges and magistrates.
C) Prosecutors are immune from any civil liability that might arise from their misconduct related to a trial.
D) Prosecutors who engage in misconduct are typically arrested by an officer of the court rather than a local police agency.

Question 26

Which individual would most likely to seen in teen court?

A) A 15-year-old charged with first-time alcohol possession
B) A 13-year-old charged with arson
C) A 17-year-old charged with sexual assault
D) A 19-year-old charged with 12 counts of burglary

Question 27

Which of the following is a central component of duress?

A) bodily harm
B) mental disorder
C) fear
D) intent

Question 28

Who was the first person found not guilty by reason of insanity?

A) Ernesto Miranda
B) John Hinckley, Jr.
C) Daniel McNaughten
D) Andrea Yates

Question 29

Why is the Durham rule so difficult to use?

A) It does not require that a defendant have total mental incompetence.
B) It requires the prosecution to prove the defendant is insane.
C) It does not define mental disease or defect.
D) It requires that the defendant know the difference between right and wrong.

Question 30

In the entrapment defense, the question for the jury becomes,

A) Was the crime committed?
B) Who committed the crime?
C) What was the role of the victim in the offense?
D) What was the role of police in the offense?

Question 31

All of the following are stand your ground laws except:

A) line in the sand
B) no duty to retreat
C) castle doctrine
D) recovery of basis

Question 32

When are defendants typically referred to drug court?

A) before arrest
B) immediately after arrest
C) immediately after trial
D) after sentencing

Question 33

Which insanity standard states that if defendants know that what they were doing was wrong, but they could not help themselves, or if they were unable to control their actions, then they may not be held accountable for their offense?

A) right-from-wrong test
B) Durham rule
C) substantial capacity rule
D) irresistible impulse standard

Question 34

Which event prompted the passing of stand your ground laws?

A) the O. J. Simpson trial
B) the shooting of Trayvon Martin
C) the terrorist attacks on September 11, 2001
D) the school shootings at Columbine

Question 35

Which individual automatically lacks the mens rea to commit a crime?

A) a male with schizophrenia
B) a postpartum mother
C) a five-year-old child
D) a person who is heavily medicated

Question 36

What was the underlying purpose of early children's courts?

A) rehabilitation
B) punishment
C) retribution
D) reintegration

Question 37

Which of the following groups would be most likely to support stand your ground laws?

A) the National Rifle Association
B) the National Association of Police Organizations
C) the International Association of Chiefs of Police
D) the National Association of Black Law Enforcement Executives

Question 38

Drug courts are based on the philosophy that drug addiction should be treated as a(n) __________ matter, not a(n) __________ matter

A) civil, public
B) criminal, civil
C) medical, criminal
D) public, private

Question 39

Until the 1800s, offenders who were between the ages of 7 and 14 could be criminally liable if the prosecutor could prove that the juvenile was mentally and morally

A) wrong.
B) disabled.
C) intelligent.
D) mature.

Question 40

Compared to the typical court process, the drug court process is described as

A) nonadversarial.
B) more intense.
C) ineffectual.
D) more punitive.

Question 41

Virginia was the first state to create sentencing guidelines.

Question 42

Prosecutor misconduct can occur because of the pressure to win cases.

Question 43

In an indeterminate sentencing system, the actual sentence depends on the seriousness of the crime.

Question 44

When judges make new policy, it is called judge-made law.

Question 45

Jake has agreed to participate in a specialty court program. His team has instructed him to abstain from alcohol and participate in an anger management class. Jake has most likely agreed to have his case diverted to __________ court.

A) drug
B) domestic violence
C) criminal
D) mental health

Question 46

Why did early children's courts not protect the constitutional, due process rights of juveniles?

A) because the children were considered adults
B) because the children were still under the supervision of their parents
C) because the defendants were all charged with status offenses
D) because the defendants were not found guilty

Question 47

Since 2001, drug courts have been available in every state in the United States,

Question 48

A defense attorney who does not adequately represent her client could be guilty of

A) treason.
B) violence
C) subversion.
D) misconduct.

Question 49

Voluntary intoxication is an acceptable legal defense for criminal behavior.

Question 50

The Supreme Court has supported stand your ground laws.

Question 51

Many experts believe that juveniles are easier to rehabilitate than adults.

Question 52

The irresistible impulse standard is also called the Durham rule.

Question 53

A defense attorney could be guilty of misconduct if she or he fails to provide competent representation to a client before, during, or after a trial.

Question 54

Misbehaving prosecutors are personally liable for their misconduct in the courtroom.

Question 55

The number of mentally ill offenders in the United States has increased dramatically in the last 25 years.

Question 56

Vermont was the first state to create sentencing guidelines.

Question 57

Which answer correctly matches the insanity standard with its rule?

A) Durham: right-from-wrong test
B) ALI: substantial capacity
C) McNaughten: temporary insanity
D) Brawner: mental defect

Question 58

Which professional is involved in specialty court but not criminal court?

A) prosecutor
B) defense attorney
C) judge
D) treatment provider

Question 59

Long delays between the time of the offense and the trial do not typically impact the trial itself

Question 60

The appointment process for judges is a reaction to the problem of an uninformed electorate.

Question 61

Both the offender and correctional personnel are aware of the exact length and nature of an offender's punishment in __________ sentencing.

Question 62

List six types of misconduct by all types of attorneys.

Question 63

Briefly describe one plea-bargaining reform that would help prevent the violation of defendants' due process rights and constitutional protections.

Question 64

What prompted the passing of truth-in-sentencing laws?

Question 65

Kim is a prosecutor who knowingly withheld evidence that may have led to the defendant's innocence. Kim's actions suggest a(n) __________ violation.

Question 66

Voluntary intoxication may be used as a __________ factor to reduce the seriousness of a charge, but it is not an excuse for criminal behavior.

Question 67

Briefly describe the role specialized courts can play in solving the overcrowding problem.

Question 68

The McNaughten rule is widely known as the __________ test.

Question 69

Many defense strategies center on the __________ of the offender.

Question 70

When the number of cases on the court's calendar exceeds the capacity of the court to hear them, __________ occurs.

Question 71

Today's juvenile court is still focused on the belief that juvenile offenders should be treated __________ adult offenders.

Question 72

Why is plea bargaining often an appealing option in the criminal justice system?

Question 73

What are three-strikes-and-you're-out laws?

Question 74

The __________ rule places responsibility for deciding insanity with the jury.

Question 75

Identify three ways to seat judges in the United States.

Question 76

Prosecutors who engage in misconduct are __________ prosecuted.

Question 77

Presumptive and voluntary are types of sentencing __________.

Question 78

Plea bargaining ensures a __________ plea from the offender without a trial.

Question 79

What is the concern with judge-made law?

Question 80

In the federal system, the burden of proof is on the __________ to demonstrate a mental disease or defect if he or she wants to use it as a defense.