the courts: structure and participants chapter 9 frank schmalleger criminal justice today 13 th...

The Courts: Structure and ParticipantsThe Courts: Structure and Participants

Chapter 9

Frank Schmalleger

Criminal Justice TodayCriminal Justice Today1313thth Edition Edition

Criminal Justice Today, 13th EditionFrank Schmalleger

© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

What two court systems make up the dual-court system?

1. Town and municipal court systems

2. County and city court systems

3. Federal and state court systems

2


© 2015 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved3

Correct Answer

3. Federal and state court systems



Appellate jurisdiction means the court has the authority to review a decision made by a lower court.

1. True

2. False

4



Correct Answer

1. True



Lower courts have limited jurisdiction, which means they are more formal with full record-keeping of witnesses and evidence.

1. True

2. False

6



Correct Answer

2. False



In a trial, both sides want to win, and are pitted against each other using procedural rules set out by statute or tradition. This creates what kind of process between the defense attorney and prosecution?

1. Argumentative

2. Adversarial

3. Appellate

4. Special

8



Correct Answer

2. Adversarial



A defendant has a right to an automatic appeal of the verdict in their state case to a lower court.

1. True

2. False

10



Correct Answer

2. False



If a case is appealed, the appellate court may do what?

1. Confirm the case

2. Reverse and remand the case

3. Send it for further review by the State Supreme Court

4. All of the above

12



Correct Answer

4. All of the above



What does it mean for an appealed conviction to be confirmed?

1. The lower court changes the sentence.

2. The higher court agrees with the original sentence of the lower court.

3. The lower court must grant a new trial.

14



Correct Answer

2. The higher court agrees with the original sentence of the lower court.



What term is applied to cases that are retried on appeal, as opposed to those which are simply reviewed on the record?

1. Trial de novo

2. Voir dire

3. Ex post facto

16



Correct Answer

1. Trial de novo



Community courts have the authority to hand down:

1. Sentences

2. Fines

3. Community service

4. Restitution

5. All of the above

18



Correct Answer

5. All of the above



When there is new evidence of innocence, the federal court will step in and require the state court to conduct a new trial.

1. True

2. False

20



Correct Answer

2. False



If you had a minor legal dispute with your college roommate, which avenue would you prefer taking to resolve it?

1. I would take formal legal action.

2. Dispute resolution center

3. Community court

4. I would try to resolve the issue without any third-party intervention.

22



Correct Answer

Survey or opinion question

Graph answers for class discussion



Which courts have original jurisdiction over all cases involving violations of federal statutes?

1. U.S. District Courts

2. U.S. Courts of Appeals

3. U.S. Courts of Military Appeals

4. U.S. Supreme Court

24



Correct Answer

1. U.S. District Courts



A writ of certiorari is used to require a higher court to release its records for a particular case for censure.

1. True

2. False

26



Correct Answer

2. False



The authority of the Supreme Court to havethe final decision on what laws and lower-court decisions keep with the intent of the U.S. Constitution is known as what?

1. Judicial activism

2. Judicial appeal

3. Judicial review

4. Judicial authority

28



Correct Answer

3. Judicial review



What type of opinion by the U.S. Supreme Court is agreed upon and considered the “opinion of the court”?

1. Dissenting

2. Concurring

3. Disputing

4. Majority

30



Correct Answer

4. Majority



Despite portrayals of hostility by the entertainment industry, the courtroom workgroup involves an implicit recognition of informal rules of civility, cooperation, and shared goals. Ultimately, the courtroom workgroup is dedicated to bringing trials to a successful close.

1. True

2. False

32



Correct Answer

1. True



Which of the following best reflects your views concerning the existence of the courtroom workgroup?

1. The courtroom workgroup violates defendants’ due process rights, as it favors smooth operation of the court over serving justice.

2. The courtroom workgroup is essential to the operation of the court because if formalities and the adversarial process were strictly adhered to, the courts would be hopelessly backlogged and nothing would ever get done.

34



Correct Answer





In court, which professional role do you think best suits you?

1. Judge

2. Prosecutor

3. Defense attorney

4. Other

36



Correct Answer





In a criminal trial, the burden of proof lies on the state to prove the accused guilty with a preponderance of evidence.

1. True

2. False

38



Correct Answer

2. False



An attorney who represents a defendant for a fee and has their own practice or is part of a law firm is called a:

1. Public defender

2. Retained counsel

3. Court-assigned counsel

4. State defender

40



Correct Answer

2. Retained Counsel



Which U.S. Supreme Court case protects the right of the indigent to receive appropriate counsel in a death penalty case?

1. Gideon v. Wainwright

2. Johnson v. Zerbest

3. Powell v. Alabama

4. In re Gault

42



Correct Answer




Which U.S. Supreme Court case addressed the issue of indigent juveniles receiving appropriate counsel?

1. Alabama v. Shelton

2. In re Gault

3. Argersinger v. Hamlin


44



Correct Answer

2. In re Gault



What was the total indigent defense spending in the United Sates in 2008?

1. 5 million

2. Over 5 billion

3. 500 million

4. One of the above

46



Correct Answer

2. Over 5 billion



A character witness is a(n):

1. Lay witness with direct knowledge of the defendant

2. Expert witness with a professional opinion of the defendant

3. Eyewitness for the state

48



Correct Answer

1. Lay witness with direct knowledge of the defendant



If a trial has been exposed to enough publicity that the defendant’s right to a fair trial and impartial jury can be questioned,

the defendant can ask that the trial be moved to another jurisdiction. This measure is known as what?

1. Gag order

2. Sequestering

3. Change of venue

4. Mistrial

50



Correct Answer

3. Change of venue



The Daubert standard is the test of scientific acceptability applicable to the gathering of evidence in criminal cases.

1. True

2. False

52



Correct Answer

1. True



Do you believe it changes the outcome of a high-profile case to have media coverage before and during the trial?

1. Yes

2. No

3. I don’t know.

4. I don’t think the media should be allowed in the courtroom.

54



Correct Answer



the courts: structure and participants chapter 9 frank schmalleger criminal justice today 13 th...

Documents

edition frank schmalleger

pearson higher education

upper saddle river

new jersey

th edition slide

false slide

true slide

adversarial slide