Criminal Courts and Law — Exam 2

Public defenders

What term specifically refers to salaried staff of full-time or part-time attorneys that render criminal indigent defense services through a public or private nonprofit organization, or as direct government-paid employees?

True

Higher courts can control the actions and decisions of lower courts, but not the other way around

Right to legal presentation in all criminal cases

Which of the following is not one of the rights the Fifth Amendment guarantees a defendant?

Attorney general

Which position serves as the head of the Department of Justice and is the chief law enforcement officer of the federal government of the United States?

False

The Supreme Court has incorporated all of the rights held by citizens under the Bill of Rights to the states via the Fourteenth Amendment

False

Criminal courts commonly resolve disputes between private parties

False

Data indicate that average sentence lengths of convicted, indigent defendants are higher than sentence lengths of convicted defendants who retained private counsel

Fifth; Fourteenth

The guarantee of due process relates primarily to the federal government and is found in the ___ Amendment while the guarantee of equal protection relates primarily to state governments and is found in the ___ Amendment

District Courts

Which of the following are the federal trial courts and the “entry point” into the federal judicial system?

Appointed by the president

Which of the following is NOT one of the ways an individual could become a state judge?

Recusal

What is the term for a judge withdrawing from a case? Possible reasons for doing so could lack of impartiality or conflicts of interest.

Dusky v. United States

Which Supreme Court case relates to determining whether a defendant is competent to stand trial?

Substantive

In judicial review, which type of due process asks whether the state had the authority to make a law?

False

Data indicate that conviction rates for defendants who hire private counsel are much lower than conviction rates for indigent defendants

Legitimate basis

Which of the following is NOT one of the levels of judicial review?

For life assuming “good behavior”

How long is a federal judge appointed to their position?

False

The number of justices of the Supreme Court has never changed in the United States and cannot be changed

Judicial restraint

Which of the following refers to the philosophy of limiting decisions to the facts of each case, deciding only the issue or issues that need to be resolved in a particular situation?

Prosecutor

Which term refers to the position whose official duty is to conduct criminal proceedings on behalf of the people against persons accused of committing criminal offenses?

Adjudication

What is the term that refers to the process by which a court arrives at a decision regarding a case?

House of Representatives; Senate

For the removal of a federal judge, the judge must be impeached by the _________ and convicted by the ___.

True

The states generally have more authority in creating criminal law than the federal government

Protection from cruel and unusual punishment

Which of the following is not one of the rights the Sixth Amendment guarantees a defendant?

Conflict jurisdiction

Which of the following is NOT one of the three key types of jurisdiction?

False

For an effective assistance of counsel claim, a defendant only needs to demonstrate that their legal counsel made a serious error

Adversarial

Which of the following terms is used to describe a justice system that pits two parties against each other in pursuit of the truth?

Amicus curiae

Which term refers to a brief that is often filed on behalf of various interest groups as a means to get involved in cases and thereby influence court decisions and policy?

Sixth Amendment

Which amendment to the Constitution explicitly addresses a defendant’s right to legal counsel?

President; Senate

Federal judges are nominated by the ___ and confirmed by the ___.

Compulsory process

What term refers to the defendant’s constitutional right to use subpoenas to obtain witnesses, documents, and other objects that are helpful to their defense?

Miranda v. Arizona

Which Supreme Court case ensured that defendants have the right to legal counsel during interrogation by law enforcement?

Cross; direct

___ examination refers to the questioning of a witness by opposing counsel (i.e., the party who did not call the witness) while ___ examination refers to questioning of a witness conducted by the party calling the witness.

Jurisdiction

What is the term referring to the power of a court to resolve a dispute?

94

How many District Courts are there in the United States federal judicial system?

False

The Supreme Court has held that hearsay statements can never be admitted as evidence in a criminal trial

Prosecutorial discretion

Which term has been defined as the decision of a prosecutor to submit a charging document to a court, or to seek a grand jury indictment, or to decline to prosecute?

13

How many different Circuits are there in the United States Circuit Courts of Appeal?

False

Judges can rule on cases that are primarily based on political questions

Age

Which of the following categories would not be subject to heightened scrutiny in judicial review?

Creating public safety programs

Which of the following is NOT one of the four main functions of the court?

Griswold v. Connecticut

In which case did the Supreme Court establish the concept of the “right to privacy”?

True

Data indicate that defendants who are represented by a public defender were incarcerated more commonly than defendants who retained private counsel

False

Courts do not have the power to make binding decisions

Article III

Which article of the U.S. Constitution calls for the creation of a Supreme Court and allows Congress to create lower courts at their discretion?

None of the above

Which of the following is a formal requirement for an individual to be a federal judge?

Article I

The U.S. Tax Court, U.S. Court of Appeals for Veterans Claims, and Court of Federal Claims are all examples of which type of courts?

Pro se defendant

What term refers to a defendant who represents themself at trial?

Gideon v. Wainwright

Which Supreme Court case extended the right to an attorney in (felony) criminal matters to individuals who could not afford an attorney as a requirement for the states to follow?

Marbury v. Madison

In which case did Chief Justice John Marshall establish the concept of judicial review?

False

Most criminal law work (including prosecutions) is conducted at the federal level