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27/08/2022
CRJ 230 Exam 1 (
rev. 7.0
Scoring: 25 True & False @ 2 points = 50 points
15 Multiple Choice @ 2 points = 30 points
4 Essay @ 5 points = 20 points
Total: 100 points
Indicate whether the sentence or statement is true or false.
1. Appellate courts exist to retry cases that have been appealed by the defense.
Answer:
2. It is the job of the defense attorney to ensure that the defendant’s Constitutional rights
are not violated.
Answer:
3. Trial motions can be made at virtually any point in the trial process.
4. If proof of guilt in a criminal trial is not established, the defendant is found ‘innocent’.
5. Prosecutors are actively involved in almost every step of the criminal justice process.
Answer:
6. According to the Supreme Court, defense counsel, even that provided by the court must be
not only available but effective.
7. In most offices, the chief state prosecutor functions more as a corporate manager than a prosecuting attorney.
8. Given their discretion, prosecutors may file charges against a suspect even if they know there is far
too little evidence to obtain a conviction.
9. Mandatory sentencing laws have increased the discretionary powers of prosecutors.
Answer:
10. The overlying principle of the U.S. Constitution is to lay out what the government must do for its citizens.
11. The right to a speedy trial is found in the Fifth Amendment.
12, States are required to given effective assistance of counsel to indigent defendants.
13. The Reconstruction Amendments (particularly the Fourteenth) are used to protect the citizens from
unconstitutional state actions.
14. Even ‘victimless’ crimes cause some harm.
Answer: True
15. A person can be held liable for a single harm in both criminal and civil court, regardless of the
Constitutional ban on double jeopardy.
16. Ideas and concepts are considered property.
17. Attorneys hired privately, by the defendant have a significantly higher rate of acquittals than
court-assigned attorneys.
18. Defense counsel is assumed to have provided reasonable services unless significant evidence
is provided to the contrary.
19. State courts have a broader jurisdiction than do federal courts.
Answer”
20. The role of Chief Justice of the U.S. Supreme Court is given to the Court’s most senior (experienced)
member.
21. Each state is (generally) free to form a court system as they see fit.
22. Due process applies to anyone threatened by the state with the loss of life, liberty or property.
23. Factual guilt and legal guilt are
synonymous.
24. The U.S. Constitution and Bill of Rights were intentionally written very specifically so as to
Remove the need for judicial interpretation.
25. Typically, prosecutors have to work hard to prove their case before a grand jury.
Identify the letter of the choice that best completes the statement or answers the question.
26. How many U.S. Supreme Court justices must vote to hear a case in order to grant a writ of centiorai?
Answer: Four
27. In which state courts are warrants typically issued?
Courts of limited jurisdiction.
Courts of general jurisdiction.
Appellate Courts
State supreme courts
28. Who has the authority to remove federal judges found to be not acting with ‘good behavior?’
The President
The Congress
Fellow federal judges
The people (citizens)
29. The American court system is based on which of the following systems of justice?
accusatory
adversarial
collective
impeachment
30. Under English common law, when were defendant generally allowed counsel?
a When charged with any offense
b When charged with a felony
c When charges with a capital offense
d Never
31. Which of the following is the earliest known set of written laws?
a. The Code of Hammurabi
b. The Roman Rules of Conduct
c. The Ten Commandments
d. The Laws of the Nordic Peoples
32. Which of the following is a set of instructions for how state agents must act within the criminal justice system?
a. Civil law
b. Criminal law
c. Due process
d. The Bill of Rights.
33. What is the primary reason, cited in the text, that the first attempt by the Continental Congress
to create a unified country failed?:
a. There was no central government.
b. The central government had virtually no power.
c. The central government had too much power.
d. The central government was run by an elected king.
34. What is the level of proof required to search a place or seize an item or person?
a. Absolute certainty
b. Beyond a reasonable doubt
c. Probable cause
d. Preponderance of the evidence
Answer: Probable cause
35. How are federal U.S. Attorneys selected?
Executive appointment
Legislative vote
Judicial appointment
Popular vote
Answer:
36. In most cases, who decides whether or not to charge a suspect with an offense?
Prosecution
Chief police investigator
Grand jury
37. Typically, a prosecutor will charge a defendant with ____
The most serious level of crime the defendant is believed to have committed.
The crime with the best chance of reaching a conviction
The crime worked out in advance with the defense attorney’s office
The crime recommended to the prosecutor’s office by the police investigator.
38. Basic criminal law, prescribing what people must or cannot do, is commonly referred to as ______
Corporate law.
Basic law.
Substantive law
Layman law.
39. Which of the following is the term for guilty act?
Ex post facto
Answer: Actus Reus
40. Parents can potentially be held liable for the actions of their minor children under ______
Vicarious liability
Inchoate liability
Complicity liability
Answer: Vicarious liablity
41. Explain and discuss in detail (in your own words) the two primary roles (adjudication and oversight) played
In the criminal justice system.
42. List, discuss and give examples of the four rules/tests for insanity( M’Naghten rule, irresistible impulse test,
Durham rule, and substantial capacity test).
43. Discuss and provide examples of the concept that prosecutors must only prosecute individuals reasonable
believed to be guilty, while defense attorneys must defend clients they know to be guilty.
44. Explain and discuss the concept of plea bargaining. Include in your discussion the pros and cons for the
prosecution, defense and the court system.
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