The American System of Criminal Justice 14th Edition by Cole – Test Bank

The American System of Criminal Justice 14th Edition by Cole – Test Bank

1. U.S. district courts exist​

a.

​in only the 10 largest states.

b.

​to handle all criminal cases that arise in the country.

c.

​to share appellate responsibilities with state supreme courts.

d.

​to handle trial-level federal cases.

ANSWER:

d

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

2. Which types of cases are heard in federal courts?​

a.

​Only criminal cases

b.

​Only civil cases

c.

​Both criminal and civil cases

d.

​Only murder cases

ANSWER:

c

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

3. Which of the following correctly lists the three levels of state courts?

a.

​Appellate, district, limited jurisdictional

b.

​Appellate, general jurisdiction, limited jurisdiction

c.

​Limited jurisdiction, commercial, appellate

d.

​General jurisdiction, limited jurisdiction, district

ANSWER:

b

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

4. According to the diagram, which two courts can appeal directly to the Supreme Court of the United States?

​

a.

​District courts and courts of limited jurisdiction

b.

​Circuit courts of appeals and trial courts of general jurisdiction

c.

​Circuit courts of appeals and appellate courts of last resort

d.

​Intermediate courts of appeals and district courts

ANSWER:

c

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

5. Which of the following is not a goal of a unified court system?​

a.

​Eliminating overlapping boundaries

b.

​Creating a hierarchical court structure

c.

​Having courts funded by local government

d.

​Creating a centralized court structure

ANSWER:

c

REFERENCES:

The Structure of the American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

6. According to the figure, why is Georgia considered to have an “unreformed” court structure?​

​

a.

​It has neither reduced the number of courts nor standardized their names.

b.

​It has fewer trial courts of limited jurisdiction than does Alaska.

c.

​It uses a nonstandard name for the appellate courts.

d.

​It uses a nonstandard name for the trial courts of general jurisdiction.

ANSWER:

a

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

7. Why would a local court want to implement a centralized court administration?​

a.

​It would avoid problems with jurisdiction.

b.

​It would reduce caseloads.

c.

​It would prevent the political party in power from using those positions as “rewards.”

d.

​It would help to eliminate gender and racial bias in hiring.

ANSWER:

c

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

8. A court-appointed special advocate is someone who​

a.

​serves jury duty.

b.

​acts as a judge in special courts.

c.

​has no official legal training.

d.

​must complete law school before serving.

ANSWER:

c

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

9. According to Cole and Smith, what is the biggest barrier to effective justice for state courts?​

a.

​Lack of qualified judges

b.

​Too few courthouses

c.

​Not enough police officers

d.

​The fragmented structure of the judicial system

ANSWER:

d

REFERENCES:

Effective Mangement of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

10. What is the main purpose of drug courts?​

a.

​To mete out harsh punishments to drug offenders

b.

​To teach children about the dangers of drug use

c.

​To bring “drug kingpins” to trial

d.

​To help drug offenders overcome their addictions

ANSWER:

d

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

11. Which of the following statement is true regarding work as a judge?​

a.

​Judges usually have very low caseloads.

b.

​The typical judge is a white female.

c.

​All judges must have doctoral degrees to sit on the bench.

d.

​Judges are usually able to set their own schedules and work hours.

ANSWER:

d

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

12. Which of the following is not a responsibility performed by judges?​

a.

​Setting bail

b.

​Issuing search warrants

c.

​Making arrests

d.

​Scheduling hearings

ANSWER:

c

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

13. In the United States, the judicial system operates according to a(n) _______ system of justice.​

a.

​adversarial

b.

​inquisitorial

c.

​civil law

d.

​authoritarian

ANSWER:

a

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

14. Which of the following is the most likely to occur when a judge assumes the bench?​

a.

​Will base decisions on factors other than the law

b.

​Will take a pay cut in order to assume a position on the bench

c.

​Will make more money than the highest-paid private attorneys

d.

​Will go straight from law school directly into a judging career

ANSWER:

b

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

15. In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys?​

a.

​Adjudicator

b.

​Administrator

c.

​Negotiator

d.

​Electoral candidate

ANSWER:

c

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

16. The criterion for deciding whether evidence is strong enough to uphold an arrest is called​

a.

​probable cause.

b.

​arraignment

c.

​preponderance of the evidence.

d.

​reasonable doubt.

ANSWER:

a

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

17. The court appearance of an accused person at which the charges are read is called a(n)​

a.

​probable cause hearing.

b.

​arraignment.

c.

​preponderance of the evidence.

d.

​reasonable doubt appearance.

ANSWER:

b

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

18. Most felony arrests are decided by a​

a.

​dismissal.

b.

​rejection at screening.

c.

​guilty plea.

d.

​conviction at jury trial.

ANSWER:

c

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

19. An application to a court requesting that an order be issued to bring about a specified action is called a​

a.

​dismissal.

b.

​rejection at screening

c.

​guilty plea.

d.

​motion.

ANSWER:

d

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

20. Which of the following statements best describes the method of judicial “nonpartisan election”?​

a.

​Judges are appointed by the governor.

b.

​Judges are selected by the legislator.

c.

​Judges are first appointed by a commission, then voters approve the appointment later.

d.

​Judges run for election and are not endorsed by political parties.

ANSWER:

d

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

21. Which of the following is true about the bail system?​

a.

​Bail is sometimes set before the defendant has an attorney.

b.

​Bail bondspersons cannot deny bail to defendants if they can pay at least 10% of the entire bail amount.

c.

​Police officers are never allowed to influence the bail decision.

d.

​Bail bondspersons are nonprofit employees of the state.

ANSWER:

a

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

22. In 1984, Congress passed the Bail Reform Act. This legislation authorized the use of

a.

​citations.

b.

​10% cash bail.

c.

​release on recognizance.

d.

​preventive detention.

ANSWER:

d

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

23. The practice by which judges grant releases if the defendant is employed and has roots in the community is called​

a.

​citation.

b.

​preventive detention.

c.

​release on recognizance.

d.

​preventive assumption.

ANSWER:

c

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

24. Upon which of the following principles should bail decisions be made?​

a.

​Accused offenders are entitled to release on their own recognizance.

b.

​Nonfinancial alternatives to bail should be avoided at all costs.

c.

​Reasons for bail decisions must not be made known to the parties involved.

d.

​Review of bail determinations can be made sporadically.

ANSWER:

a

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

25. Which of the following is not a factor in how the judge determines the amount of the bail?​

a.

​Seriousness of the crime

b.

​Defendant’s prior record

c.

​Defendant’s family responsibilities

d.

​Admissibility of evidence gathered by the police

ANSWER:

d

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

26. Which statement best reflects valid criticism of the use of preventive detention?​

a.

​It always violates the offender’s First Amendment rights.

b.

​It is always used unfairly, particularly for female offenders.

c.

​It is unfair to incarcerate someone when we assume all offenders are innocent until proven guilty.

d.

​The costs should not be considered.

ANSWER:

c

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

27. In the case of United States v. Salerno and Cafero (1987), the Supreme Court decided that the use of preventive detention​

a.

​is constitutional.

b.

​violates offenders’ constitutional rights.

c.

​is detrimental to offenders at trial.

d.

​is racially biased.

ANSWER:

a

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

28. What have been referred to as the “ultimate ghetto”?​

a.

​American prisons

b.

​American jails

c.

​American courtrooms

d.

​American police departments

ANSWER:

b

REFERENCES:

Pretrial Detention

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.06 – 09.06

29. The United States has a ____________________ court system with separate federal and state court systems.​

ANSWER:

dual​

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

30. Courts that do not try criminal cases but hear appeals are called ____________________ courts.​

ANSWER:

appellate​

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

31. A problem with state courts is the overlapping and conflicting ____________________.​

ANSWER:

jurisdictional boundaries​

REFERENCES:

Effective Management of State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

32. Judges have three major roles: adjudicator, negotiator, and _________.​

ANSWER:

administrator​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

33. The ____________________ system involves an active judge.​

ANSWER:

inquisitorial​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

34. In a(n) __________________, judges are openly endorsed by political parties.​

ANSWER:

partisan election​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

35. When a judge oversees the “contest” between the defense attorney and the prosecutor, he or she has taken on the role of ____________________.​

ANSWER:

adjudicator​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

36. When judges work with attorneys outside of the public view, they are usually taking on the role of ____________________.​

ANSWER:

negotiator​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

37. When judges take on the role of ____________________, they are concerned with how their courtroom is running.​

ANSWER:

administrator​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

38. Prospective judges receive special training in law school to become professional judges in an _______________.​

ANSWER:

inquisitorial system​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

39. The facts upholding the belief that a crime has been committed constitute ____________________.​

ANSWER:

probable cause​

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

40. The ____________________ makes the decision about whether to file charges for particular crimes and offenders.​

ANSWER:

prosecutor​

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

41. Defendants state their pleas (guilty or not guilty) at the ____________________.​

ANSWER:

arraignment​

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

42. The amount of money specified by a judge to be paid as a condition of pretrial release is called ____________________.​

ANSWER:

bail​

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

43. Bail will be _________ if the defendant does not appear in court.​

ANSWER:

forfeited​

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

44. The United States has a dual court system.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

45. Most criminal cases are heard at the federal level.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

46. The geographic territory that defines a court’s authority is called jurisdiction.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

47. Trial courts of general jurisdiction handle only misdemeanors and lawsuits for small amounts of money.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

48. Appellate courts do not try criminal cases.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

49. Trial courts of limited jurisdiction have jurisdiction over all offenses, including felonies and appeals.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

50. The fragmented structure of state courts is the biggest barrier to effective justice.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

Effective Management of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

51. Few efforts have been made to reform state courts in the twentieth century.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

Effective Management of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

52. State courts have huge caseloads.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

Effective Management of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

53. All courts in the United States use a basic three-tiered structure.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

54. At the heart of reform of state courts is the goal of making the process more complex.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

Effective Management of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

55. The American legal system is based on a passive judge and jury seeking to find the truth as attorneys for each side argue vigorously.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

56. The occupation of “bail bondsman” is a job unique to the United States.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

57. It is easy for a poor person with little education to become a judge.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

58. Judges have a variety of roles within the judicial system.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

59. Judges selected based on merit must eventually face public election.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

60. After a suspect is arrested, he or she cannot be deprived of freedom until guilt is proven.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

61. The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

62. Most felony cases are disposed of by dismissals.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

63. Both prosecutors and defense attorneys can bring pretrial motions in court proceedings.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

64. The Eighth Amendment to the U.S. Constitution forbids the use of excessive bail.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

65. Bail is typically determined within three hours after the arrest.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

66. The bail system discriminates against poor people.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

67. The bail bondsperson is a nonprofit actor within the criminal justice system.​

a.

True

b.

False

ANSWER:

False

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

68. Judges are typically white men with strong political connections. Do you see any problems with this in terms of fairness in sentencing?​

ANSWER:

Answers will vary, but students should address how judges’ objectivity can be challenged if there is no diversity on the bench, as well as concerns that political influence can obscure objectivity.​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

69. Why is it important that states develop standardized court structures?​

ANSWER:

Answers will vary, but should reflect an understanding of the complexity of some states’ court systems and decentralized aspects of state courts.​

REFERENCES:

Effective Management of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

70. In many jurisdictions, judges are elected by the public. These elections are rarely publicized by the media. What does this imply for the election of judges? Is this a fair method for selecting judges in the United States?​

ANSWER:

Answers will vary, but should reflect issues of bias concerns in which judges may be perceived as owing loyalty to those who elected them.​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

71. Judges have an enormous amount of discretion in making decisions about pretrial detention. In your opinion, is this harmful or helpful for defendants? Be sure to support your answer with facts from class and the textbook.​

ANSWER:

Answers will vary, but should incorporate current events and references to high-profile cases where appropriate.​

REFERENCES:

Pretrial Detention

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.06 – 09.06

72. What is one criticism of the bail system in the United States? How might you recommend that this problem be fixed?​

ANSWER:

Students’ answers should reflect concerns that the poor cannot afford bail and are disproportionately negatively impacted.​

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

73. Should state judges be selected through elections? Why or why not?​

ANSWER:

Students’ answers should reflect an understanding of Justice Sandra Day O’Connor’s public criticism of states selecting judges through elections.​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

74. What impacts do budget cuts have on the courts?​

ANSWER:

Students’ answers should reflect the impact budget crises have on reducing staff and availability of court time, especially as it may delay cases.​

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

75. The state court system is highly fragmented. Which of the following is not a solution to create a united court system?​

a.

​Eliminating overlapping and conflicting jurisdictional boundaries

b.

​Creating a hierarchical and centralized court structure with a chief justice

c.

​Having the courts funded by state government

d.

​Joining both civil and criminal courts together

ANSWER:

d

REFERENCES:

Effective Management of the State Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.02 – 09.02

76. Trial courts of _________ jurisdiction are criminal courts with jurisdiction over all offenses, including felonies.​

a.

​general

b.

​limited

c.

​appellate

d.

​specific

ANSWER:

a

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

77. __________ had fewer opportunities to enter the legal profession prior to the 1960s and thus were seldom considered for judgeships.​

a.

​Women

b.

​Men

c.

​The elderly

d.

​College-educated men and women

ANSWER:

a

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

78. As __________, all judges must deal with political actors such as county commissioners, legislators, and members of the state executive bureaucracy.​

a.

​negotiators

b.

​adjudicators

c.

​administrators

d.

​enforcers

ANSWER:

c

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

79. ___________ is designed to remove politics from the selection of judges and to allow the voters to unseat judges.​

a.

​Partisan election

b.

​Merit selection

c.

​Nonpartisan election

d.

​Community endorsement

ANSWER:

b

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

80. Preliminary hearings provide an opportunity for defense attorneys to challenge the prosecution’s evidence and make ________ to the court requesting that an order be issued to bring about a specified action.​

a.

​objections

b.

​rulings

c.

​motions

d.

​sentences

ANSWER:

c

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

81. The amount of ________ is based mainly on the judge’s view of the seriousness of the crime and of the defendant’s record.​

a.

​bail

b.

​court dates

c.

​appearances

d.

​fines

ANSWER:

a

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

82. Trial courts have ________ jurisdiction over misdemeanor cases and preliminary matters in felony cases.​

ANSWER:

limited​

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

83. ____________ occurs when a defendant is held for trial based on a judge’s finding that if the defendant were released on bail, he or she would flee or would endanger another person or the community.​

ANSWER:

Preventive detention​

REFERENCES:

Bail: Pretrial Release

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

84. A(n) ________ is a written order or summons, issued by a law enforcement officer, often directing an alleged offender to appear in court at a specified time to answer a criminal charge.​

ANSWER:

citation​

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.05 – 09.05

85. __________ is a reform plan in which judges are nominated by a commission and appointed by the governor for a given period.​

ANSWER:

Merit selection​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

86. A(n) __________ election is an election in which candidates’ party affiliations are not listed on the ballot.​

ANSWER:

nonpartisan

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

87. The court’s _________ is the geographic territory or legal boundaries within which control maybe exercised, or the range of a court’s authority.​

ANSWER:

jurisdiction​

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

88. The purpose of drug courts is to divert substance abusers away from incarceration.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

89. Judges spend significant time as negotiators while working with prosecutors and defense attorneys regarding plea bargaining.​

a.

True

b.

False

ANSWER:

True

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

90. What is the basis of the adversarial system in the United States? Why is it so vital to the success of our modern-day criminal justice system? How does plea bargaining impact the adversarial system?​

ANSWER:

Answers will vary, but students should understand that the adversarial system is based upon the fact that you have two sides fighting for the truth, willing to duke it out to the very end. This is what our founders designed for our system to be efficient. Plea bargaining does infringe on this system to a certain degree.​

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

91. How does the modern-day entertainment industry affect the way our society views the pretrial process? Does the entertainment industry increase or decrease society’s awareness of how our justice system works?​

ANSWER:

Students’ answers will vary, but should clearly support their reasoning

REFERENCES:

From Arrest to Trial or Plea

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.04 – 09.04

92. Explain why American jails are referred to as the “ultimate ghetto.” Can this stereotype be changed? If so, how?​

ANSWER:

Answers will vary, but students should explain that most American jails contain a socioeconomic group that is poor, awaiting trial, and suffering from substance abuse problems.​

REFERENCES:

Pretrial Detention

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.06 – 09.06

Judge Brown has been a superior court judge for the past seven years. He was the first one in his family to graduate college, much less law school. He is running for election without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying cases, he feels that he just works out agreements with the defense and prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away.​

93. Judge Brown is a judge in superior court. He hears only cases that deal with felonies; therefore, he works in a trial court of ________ jurisdiction.​

a.

​limited

b.

​general

c.

​appellate

d.

​district

ANSWER:

b

REFERENCES:

The Structure of American Courts

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.01 – 09.01

94. Judge Brown states that he spends significant hours organizing schedules and budgets. When this occurs, he is assuming the duties of a(n)​

a.

​administrator.

b.

​negotiator.

c.

​adjudicator.

d.

​reconciler.

ANSWER:

a

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

95. Judge Brown spends significant time trying to work out plea agreements between prosecutors and defense attorneys. In this capacity, he works as a(n)​

a.

​administrator.

b.

​negotiator.

c.

​adjudicator.

d.

​reconciler.

ANSWER:

b

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03

96. Judge Brown is up for reelection. His political affiliation is not listed on the ballot; therefore, he is running in a(n) _________ election.​

a.

​partisan

b.

​adversarial

c.

​nonpartisan

d.

​inquisitorial

ANSWER:

c

REFERENCES:

To Be a Judge

LEARNING OBJECTIVES:

ASCJ.COLE.15.09.03 – 09.03