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

Question 1

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

Answer 1

C

Question 2

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

Answer 2

D

Question 3

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."

Answer 3

D

Question 4

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 5

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 6

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 7

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 8

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 9

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 10

Which of the following describes "good judging"?

A)They are judges 24 hours 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 11

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 12

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 13

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.

Question 14

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 15

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 16

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 17

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 18

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 19

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 20

Which of the following are benefits of being a judge?

A)State court judges serve lifetime appointments.
B)Being a judge is considered the capstone 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 21

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 22

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 23

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 24

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 that the state does not incarcerate innocent people
D)to accurately account for billable hours

Question 25

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 26

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 27

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 28

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 29

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 30

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 31

Who does the prosecutor represent in a criminal case?

A)the people (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 32

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

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

Question 33

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 34

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 35

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 36

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 ______ counsel.

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

Question 37

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 38

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 39

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 40

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 41

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 42

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 43

Which is a test for legal insanity that requires the defense to show the defendant did not understand the nature of his or her actions?

A)not guilty by reason of insanity
B)guilty but insane
C)irresistible impulse test
D)M'Naghten Rule

Question 44

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

Question 45

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

Question 46

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

Question 47

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

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

Question 48

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 49

Which of the following best illustrates the concept of entrapment?

A)An undercover police officer poses as a prostitute with several actual prostitutes who are picking up potential customers.
B)An undercover drug agent attempts to purchase marijuana from a known drug dealer.
C)An undercover police officer persuades a reluctant individual to help him steal a car.
D)An undercover police officer provides an ingredient of an illegal drug to someone planning to make illegal substances.

Question 50

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 51

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 52

Antonio is charged with battery, but claims that he had to commit battery to protect himself from further harm.This is referred to as which type of defense?

A)alibi
B)excuse
C)affirmative
D)rationale

Question 53

Which constitutional amendment guarantees the right to a speedy trial?

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

Question 54

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

Question 55

Several prison inmates escape from the penitentiary.After being caught, one inmate tells police she had to escape with her cellmate and others who planned the escape because she was threatened with death.Which type of defense might this inmate use?

A)entrapment
B)acting under duress
C)mentally ill
D)weak

Question 56

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 57

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 58

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

Question 59

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

Question 60

Which defense is one in which the defendant admits to the criminal activity but offers reasons for acting?

A)affirmative
B)justification
C)necessity
D)duress

Question 61

The duress defense involves defendants' claims that they committed the act only because they were not acting of their own free will.

Question 62

The necessity defense could be used by a person who trespassed on private property during a fire to save a child or unattended pet.

Question 63

A judge's behaviors, and especially their misconduct, can negatively impact the reputation of the entire judicial system.

Question 64

The intoxication defense is rooted in the concept of mala prohibita.

Question 65

Prosecutors have unfettered discretion and power.

Question 66

The judge is considered the single most powerful person in the criminal justice system.

Question 67

List the methods of judicial selection for state judges.

Question 68

How have states dealt with the potential problems related to electing judges?

Question 69

The bailiff is a law enforcement officer who is responsible for maintaining order and safety in the courtroom and the judge's chambers.

Question 70

From a practical standpoint, what constitutes ineffective counsel?

Question 71

Describe what qualities are considered essential for "good judging."

Question 72

The prosecutor's primary responsibility is to convict offenders.

Question 73

List some of the factors that weigh on a prosecutor's determination of whether to file charges in a case.

Question 74

Only the wealthy have access to the "guiding hand of counsel" in the United States.

Question 75

An alibi is considered an affirmative defense.

Question 76

What are some of the challenges for new judges?

Question 77

Describe some of the benefits of being a judge.

Question 78

Explain what judges can do to help preserve civility in the courtroom.

Question 79

Public defenders, like prosecutors, are paid government employees-most commonly found in larger jurisdictions.

Question 80

Describe some of the ways in which the judge is not the primary decision maker in a court.