The Courts: Structure and Participants Chapter 9 Frank Schmalleger Criminal Justice Today 13 th Edition

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 3 Correct Answer 3. Federal and state court systems

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Appellate jurisdiction means the court has the authority to review a decision made by a lower court. 1.True 2.False 4

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 5 Correct Answer 1. True

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Lower courts have limited jurisdiction, which means they are more formal with full record-keeping of witnesses and evidence. 1.True 2.False 6

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 7 Correct Answer 2. False

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 9 Correct Answer 2. Adversarial

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 11 Correct Answer 2. False

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 13 Correct Answer 4. All of the above

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 15 Correct Answer 2. The higher court agrees with the original sentence of the lower court.

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 17 Correct Answer 1. Trial de novo

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Community courts have the authority to hand down: 1.Sentences 2.Fines 3.Community service 4.Restitution 5.All of the above 18

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 19 Correct Answer 5. All of the above

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 21 Correct Answer 2. False

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 23 Correct Answer Survey or opinion question Graph answers for class discussion

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 25 Correct Answer 1. U.S. District Courts

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 27 Correct Answer 2. False

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved The authority of the Supreme Court to have the 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 29 Correct Answer 3. Judicial review

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 31 Correct Answer 4. Majority

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 33 Correct Answer 1. True

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 35 Correct Answer Survey or opinion question Graph answers for class discussion

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved In court, which professional role do you think best suits you? 1.Judge 2.Prosecutor 3.Defense attorney 4.Other 36

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 37 Correct Answer Survey or opinion question Graph answers for class discussion

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 39 Correct Answer 2. False

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 41 Correct Answer 2. Retained Counsel

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 43 Correct Answer 3. Powell v. Alabama

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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 4.Powell v. Alabama 44

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 45 Correct Answer 2. In re Gault

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved What was the total indigent defense spending in the United Sates in 2008? 1.5 million 2.Over 5 billion million 4.One of the above 46

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 47 Correct Answer 2. Over 5 billion

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 49 Correct Answer 1. Lay witness with direct knowledge of the defendant

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 51 Correct Answer 3. Change of venue

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved The Daubert standard is the test of scientific acceptability applicable to the gathering of evidence in criminal cases. 1.True 2.False 52

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 53 Correct Answer 1. True

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 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

Criminal Justice Today, 13th Edition Frank Schmalleger © 2015 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved 55 Correct Answer Survey or opinion question Graph answers for class discussion