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Use the answer sheet to respond to the following questions. When completed, post your answer sheet as an attachment through the
Assignments section. There is
one correct answer per question, and each answer is worth two points.
Assignment4B
Use the answer sheet to respond to the following questions. When completed, post your answer
sheet as an attachment through the Assignments section. There is one correct answer per
question, and each answer is worth two points.
Example:
Which amendment protects against unreasonable searches and seizures?
a) First Amendment
b) Fourth Amendment
c) Fifth Amendment
d) Sixth Amendment
e) None of the above.
The correct answer is “B,” so you would enter “B” on the answer sheet for this assignment. One
point would be awarded for this question as the question was answered correctly.
1. The prosecutor’s discretion in determining which cases to prosecute impacts what laws the
police choose to focus on and enforce.
a) True
b) False
2. According to the text, an important role played by the victim is
a. to humanize the impact of
crime.
b. to offer unbiased, reliable
testimony.
c. to point out inconsistencies in the defense.
d. to pressure the jury to find the defendant guilty.
e. none of the above.
3. When making decisions in the courtroom, judges
a) must refrain from seeking the advice of others in order to protect the rights of the
accused.
b) rely on prosecutors and defense attorneys during essentially every phase of the trial.
c) typically disregard information from other judges as each case is different.
d) have little discretion in most decisions affecting cases.
e) none of the above.
4. The police chief implements the use of a drug courier profile for his department. Using the
profile, officers focus on their attention on stopping and searching cars with Florida license
plates. After a month, the chief reviews the statistics and finds that, indeed, most of the drug
arrests for the month were of drivers of cars with Florida license plates. According to the text,
this is an
example of:
a. racial profiling.
b. self-fulfilling prophecy.
c. differential policing.
d. targeted enforcement.
e. none of the above.
5. Which of the following is not a white collar crime?
a. A stockbroker manipulates the price of a stock.
b. A car company sells vehicles it knows have a faulty brake system.
c. A manufacturing plant dumps toxic waste into a local creek.
d. A businessman shoplifts a tie from a prestige clothing store.
e. None of the above.
6. A subpoena is used to
a. summon jurors for jury selection.
b. notify defendants of the charges against him.
c. notify witnesses to appear in court.
d. report the jury’s verdict.
e. none of the above.
7. Defendants are entitled to legal representation during in-person line-ups.
a) True
b) False
8. Which of the following is not true?
a) Private prosecutors are prohibited by the Constitution.
b) Special prosecutors may be appointed to investigate specific cases.
c) Most routine criminal cases are prosecuted at the state level.
d) Federal prosecutors are known as U.S. Attorneys.
e) None of the above.
9. Public defenders
a) work for the state.
b) are sworn to represent the interest of the state.
c) have both private clients and clients assigned to them.
d) generally have lower caseloads than assigned counsels.
e) none of the above.
10. The grand jury
a) determines whether a defendant is guilty or not guilty.
b) can conduct secret hearings, despite the Constitutional right to a public trial.
c) has no investigative authority and relies upon evidence presented by the prosecutor.
d) cannot consider evidence such as hearsay testimony.
e) none of the above.
11. The primary responsibility of a defense attorney is
a) to seek out the truth.
b) put forth the best possible defense.
c) win an acquittal using whatever means necessary.
d) prove the defendant is innocent beyond a reasonable doubt.
e) none of the above.
12. Which of the following is true?
a) Judicial corruption is often reported.
b) Federal judges are appointed by the President and can be removed by the President.
c) Only a Circuit Judicial Council can remove a federal judge for misconduct.
d) Elected judges have judicial independence and are not accountable to the public.
e) none of the above.
13. During trial, the prosecutor learns that a key prosecution witness provided false testimony.
The prosecutor
a) has a legal obligation to disclose the information.
b) has a moral, but not legal, obligation to disclose the information.
c) has no obligation to disclose the information.
d) must immediately dismiss charges against the defendant.
e) none of the above.
14. According to the text, which of the following is true in regards to gender
and crime?
a. Men tend to be treated more severely than women.
b. Women tend to be treated more severely than men.
c. Research has shown no difference in the treatment of men and women.
d. Research has shown treatment by gender directly relates to the gender of the judge.
e. None of the above.
15. All states require some form of legal education for individuals serving as
judges.
a) True
b) False
16. Based on various studies presented in the text, which of the following is true regarding race
and crime?
a. African-Americans are more likely to commit white collar crimes.
b. More than half of those arrested for drugs are African-Americans.
c. Minorities are more likely to have arrests later determined to be unfounded.
d. Whites are more likely to have charges dismissed due to lack of evidence.
e. None of the above.
17. Prosecutors
a) must have the victim’s consent to drop charges against a defendant.
b) must prosecute all crimes if probable cause exists.
c) must prosecute all felonies to the fullest extent of the law.
d) have wide discretion in determining which cases to prosecute.
e) none of the above.
18. As the Minister of Justice, the prosecutor’s primary responsibility is to represent the best
interest of the individual victims of crimes.
a) True
b) False
19. Defendants who are acquitted can usually sue prosecutors for false prosecution.
a) True
b) False
20. In the adversarial system of justice in the U.S., prosecutors and defense attorneys often work
together throughout the trial process.
a) True
b) False
21. Defendants charged with serious crimes cannot waive their right to be represented by an
attorney and cannot represent themselves at trial.
a) True
b) False
22. All of the following are true except:
a) A vigorous defense helps protect the rights of the accused.
b) A defendant is required to present a defense.
c) A defendant can be factually guilty but legally innocent.
d) An effective defense can prevent or minimize overcharging by prosecutors.
e) None of the above.
23. If a defendant is acquitted,
a) he has been proven innocent of the charges against him.
b) he has been found not guilty and can be retried by the prosecutor.
c) he has been found not guilty and cannot be retried by the prosecutor.
d) he can appeal on the basis of a hung jury.
e) none of the above.
24. Research cited in the text shows that women and minority judges
a) represent more than 40% of all judges.
b) are more likely to be appointed than elected.
c) tend to show more favoritism towards certain
defendants.
d) have higher rates of cases overturned on appeal.
e) none of the above.
25. During the pre-trial process, judges are involved in all of the following except:
a) determining whether a trial should be held in a different location.
b) determining whether sufficient evidence exists for a trial.
c) negotiating or approving plea bargain agreements.
d) overseeing the selection of jurors.
e) none of the above.
26. Children are considered the best witnesses because it is universally accepted that they have
excellent memories and are not likely to be influenced by suggestive questioning.
a. True
b. False
27. According to the canons of judicial conduct established by the American Bar Association
and the Judicial Council, judges
a) are expected to be passionate in matters before them.
b) are encouraged to join citizen groups that promote social issues and causes.
c) are expected to remove themselves from cases in which they cannot be impartial.
d) are allowed to comment on pending cases, as long as they do not directly say how
they will decide on the case.
e) none of the above.
28. In vertical prosecutions, the same judge decides all aspects of the case, from the preliminary
hearing through the appeals process.
a) True
b) False
29. Instead of working predominantly through attorneys, judges in drug courts interact
frequently with defendants.
a) True
b) False
30. Which of the following is not offered as an explanation for the reduction of criminal
involvement after the age of thirty?
a. Offenders have matured out of committing crimes.
b. Hard-core offenders are already incarcerated by this age.
c. Offenders have developed ties to the community.
d. Offenders are less likely to take risks as they age.
e. None of the above.
31. According to a Bureau of Justice Statistics report cited in the text,
a) defendants with publicly financed attorneys are more likely to be convicted.
b) defendants with publicly financed attorneys receive significantly longer prison terms.
c) in most felony cases studied, defendants relied on the services of privately funded
attorneys.
d) federal inmates with appointed counsel were more likely to plead guilty.
e) none of the above.
32. The prosecutor has a responsibility to protect the rights of the accused.
a) True
b) False
33. A judge may allow illegally seized evidence into trial unless the defense attorney objects to
its inclusion.
a) True
b) False
34. Which of the following is true?
a. The defendant can be made to testify if called as a witness by the prosecution.
b. If the defendant refuses to testify, the jury is instructed by the judge to consider what the
defendant has to hide.
c. If the defendant chooses to testify, character evidence cannot be used to impeach his
testimony.
d. The defendant can be held in contempt of court for refusing to testify.
e. None of the above.
35. Bench trials are the predominant method of deciding criminal cases.
a) True
b) False
36. If a defendant wants to accept a plea bargain, the defense attorney must assist him in doing
so, even if he believes it is not in the defendant’s best interest.
a) True
b) False
37. To ensure jurors can understand the complex testimony associated with an upcoming white
collar crime case, the judge dismisses all jurors who do not have a college degree. This is an
example of:
a. individual discrimination.
b. institutional discrimination.
c. jurortorial discrimination.
d. prosecutorial discrimination.
e. none of the above.
38. Which of the following is true?
a. A corporation cannot be criminally liable because it is not a legal person.
b. A corporation can be criminally liable because it is a legal person.
c. A corporation can be held criminally liable only if the state can show that the employee(s)
responsible for the criminal activity is still employed by the corporation.
d. If a corporation is found guilty of a crime, the highest ranking representative of the
corporation must serve any jail time imposed on the corporation by the courts.
e. None of the above.
39. The statute of limitations for a particular law is five years after commission of the offense.
This means
a. the law in only valid for five years.
b. the maximum period of incarceration for violation of the law is five years.
c. if the defendant does not commit another crime within five years, the offense is expunged
from his record.
d. the prosecution has five years from the time of the offense to file charges.
e. none of the above.
40. The prosecutor should avoid communicating directly with a defendant without the defense
attorney being present or consenting to such communication.
a) True
b) False
41. Which of the following is true?
a) Arrests made without a warrant are considered invalid.
b) Warrants place the burden of proving lack of probable cause for police action on
defendants.
c) A judge must be sure a suspect is guilty before issuing an arrest warrant.
d) A warrant may be issued on the suspicions of an experienced officer if he seems
credible.
e) None of the above.
42. According to research cited in the text,
a. jurors tend to disregard eyewitness testimony.
b. jurors tend to rely too heavily on eyewitness testimony.
c. the accuracy of an eyewitness can generally be judged the witness’s confidence level.
d. eyewitness testimony is generally more accurate than many assume.
e. none of the above.
43. An investigator hired by the defense attorney locates an eyewitness whose testimony proves
the defendant is guilty beyond a reasonable doubt. The prosecutor does not know about this
witness or his statement. The defense attorney
a) has no obligation to disclose the information.
b) has a legal obligation to disclose the information.
c) must immediately enter a guilty plea for the defendant.
d) must refrain from any further defense that may lead to a not guilty verdict.
e) none of the above.
44. If the prosecutor is found to have engaged in any misconduct during trial, the defendant is
guaranteed the right to a retrial.
a) True
b) False
45. A victim impact statement
a. is a report filed by the jury detailing how the victim’s testimony influenced the verdict.
b. is used by the defense to challenge the testimony of the victim.
c. allows the victim to express how the crime affected them.
d. is the judge’s instructions the jury as to how much consideration to give to the victim’s
testimony.
e. none of the above.
46. Which of the following is true?
a. Most violent crimes are committed by strangers.
b. The number of victims killed by people they know is increasing
c. Victims are three times more likely to be killed by a stranger than by someone they know.
d. Most murder victims knew their killers.
e. None of the above.
47. To qualify as an expert witness, one must
a. be deemed qualified by the court.
b. possess an advanced educational degree in a related field.
c. possess at least ten years work experience in the field of expertise.
d. be certified by the National Association of Expert Witnesses.
e. none of the above.
48. Courtroom spectators
a. serve no purpose in the criminal court system.
b. must have an interest in the case to be allowed in the courtroom.
c. cannot be members of special interest groups.
d. help promote accountability of the trial process.
e. none of the above.
49. According to the text, the most persuasive source of evidence during trial is often thought to
be
a. DNA test results.
b. fingerprints.
c. videotaped evidence.
d. eyewitness testimony.
e. none of the above.
50. To ensure jurors can understand the complex testimony associated with white collar crime
cases, the state implements a policy requiring all jurors to have a college degree. This is an
example of:
a. individual discrimination.
b. institutional discrimination.
c. jurortorial discrimination.
d. prosecutorial discrimination.
e. none of the above.
51. Before a prosecutor can charge a defendant,
a) the defendant must be indicted by a grand jury, in most states.
b) the defendant must be indicted by a petit jury, in most states.
c) the prosecutor must have evidence to prove guilt beyond a reasonable doubt.
d) the prosecutor must have probable cause to believe the defendant committed the
crime.
e) none of the above.
For questions 52 to 56, Match the following descriptions and courtroom personnel. Some
personnel may be used more than once, and some may not be used at all.
a. court administrator d. court reporter
b. bailiff e. jury commissioner
c. court clerk f. none of the above
52. ___ Serves as a liaison between the judge and jurors during deliberation
53. ___ Summons potential jurors
54. ___ Develops statistical reports for the court
55. ___ Makes a record of courtroom testimony
56. ___ Schedules the court calendar
57. The highest-ranking law enforcement official in the country is
a) the Chief Justice of the U.S. Supreme Court.
b) the President of the United States.
c) the Director of the Federal Bureau of Investigations.
d) the Secretary of the Department of Homeland Security.
e) none of the above.
58. When compared to those for crack cocaine, statutory penalties for powder cocaine
a. are greater because users are more likely to be from the lower class of society.
b. are greater because powder cocaine is more pure than crack cocaine.
c. are greater powder cocaine costs more and is a more lucrative market.
d. are greater because more crimes are associated with its used.
e. none of the above.
59. The defendant is charged with violation of the state’s fornication law, which prohibits any
sexual activity outside of marriage. The jurors are furious that the defendant was charged with a
crime they believe to be outdated and inappropriate, but they recognize the prosecutor has
proven beyond a reasonable doubt that the defendant violated the law.
a. The jury must convict the defendant because the prosecutor proved guilt beyond a reasonable
doubt.
b. The jury must convict the defendant because he broke the law, whether they agree with the
law has no bearing on the trial.
c. The jury must acquit the defendant because the law violates community norms and is,
therefore, unenforceable.
d. The jury can acquit the defendant, even though the prosecutor proved beyond a reasonable
doubt that the defendant violated the law.
e. None of the above.
60. Witnesses cannot be forced to testify in court if they choose not to.
a. True
b. False
61. The defense attorney advises his client that he should consider a plea bargain as the
prosecutor has a witness whose testimony will surely result in conviction and a long prison term.
The client tells his defense attorney not to worry and then describes in detail his plans to hire
someone to kill the key witness before trial. The attorney
a) cannot disclose this information due to attorney-client privilege.
b) cannot disclose this information as his client has not broken any laws or carried out
his plan.
c) can disclose the information because his client intends to commit a future crime.
d) can disclose the information because attorney-client privilege only applies to crimes
with which the client is currently charged.
e) none of the above.
62. Which of the following is true regarding character witnesses?
a. They are prohibited from testifying as to their opinion of a person.
b. Their testimony can only be used to help prove a person’s good character.
c. They can testify as to their opinion of a person’s character.
d. They cannot be cross-examined because they are not offering actual evidence.
e. None of the above.
The following questions are optional. You will not be penalized if you choose to not answer
these. These questions serve as extra credit, but your grade cannot exceed 125 points.
63. In regards to judicial training,
a) the Federal Judiciary Act of 1964 established standard training requirements for all
judges.
b) all judges are required to complete the National Judicial College training
program.
c) all judges are required to complete an Administrative Office of the Courts training
program.
d) there are no national requirements for judicial training.
e) none of the above.
64. Court-Appointed Special Advocates
a. provide specialized support to the defense, which has fewer resources than prosecutors.
b. serve as representatives of abused and neglected children.
c. represent community activist groups such as MADD.
d. are attorneys appointed by the court to special high-profile cases.
e. none of the above.
65. A Department of Justice study estimated the cost of victimization to be
a. $450 million per year.
b. $450 billion per year.
c. $450 per household.
d. $450 per crime.
e. none of the above.
Assignment
4
B
Answer Sheet
Please post the completed answer sheet as an attachment through the Assignments section.
YOUR NAME:
|
Question Number |
Your Answer (Letter Only) |
Question Number |
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1 |
3 1 |
6 1 |
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2 |
32 |
62 |
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| 3 |
33 |
63 |
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| 4 |
34 |
64 |
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5 |
35 |
65 |
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| 6 |
36 |
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7 |
37 |
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8 |
38 |
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9 |
39 |
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10 |
40 |
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11 |
41 |
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12 |
42 |
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13 |
43 |
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14 |
44 |
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15 |
45 |
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16 |
46 |
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17 |
47 |
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18 |
48 |
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19 |
49 |
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20 |
50 |
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21 |
51 |
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22 |
52 |
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23 |
53 |
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24 |
54 |
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25 |
55 |
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26 |
56 |
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27 |
57 |
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28 |
58 |
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29 |
59 |
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30 |
60 |
