1. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 The Courts: Structure and Participants CHAPTER 9

2. Appellate jurisdiction means the court may hear the case from the beginning until judgment. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 2

3. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 3 Correct Answer 2. Wrong

4. Lower courts have limited jurisdiction which means they are more formal with full record keeping of witnesses and evidence. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 4

5. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 5 Correct Answer 2. Wrong

6. 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 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 6

7. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 7 Correct Answer 2. Adversarial

8. A defendant has a right to an automatic appeal of the verdict in their state case to a lower court. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 8

9. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 9 Correct Answer 2. Wrong

10. 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 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 10

11. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11 Correct Answer 4. All of the above

12. 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.That the lower court must grant a new trial CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 12

13. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 13 Correct Answer 2. The higher court agrees with the original sentence of the lower court

14. When there is new evidence of innocence, the federal court will step in and require the state court to conduct a new trial. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 14

15. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 15 Correct Answer 2. Wrong

16. If you had a legal conflict with your college roommate, which would you prefer in order to resolve it? 1.Dispute Resolution Center 2.Community Court 3.I would drop it and not want to go to court or take legal action CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 16

17. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 17 Correct Answer Survey or opinion question Graph answers for class discussion

18. A writ of certiorari is used to require a higher court to release its records for a particular case for censure. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 18

19. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 19 Correct Answer 2. Wrong

20. 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 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 20

21. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 21 Correct Answer 4. Majority

22. In court, what role do you see yourself in? 1.Judge 2.Spectator 3.Prosecutor 4.Defense Attorney CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 22

23. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 23 Correct Answer Survey or opinion question Graph answers for class discussion

24. The defense attorney has the burden of proof in a trial. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 24

25. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 25 Correct Answer 2. Wrong

26. An attorney that represents a defendant for a fee that has their own practice or is part of a law firm is called? 1.Public Defender 2.Retained Counsel 3.Court-Assigned Counsel 4.State Defender CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 26

27. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 27 Correct Answer 2. Retained Counsel

28. 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 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 28

29. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 29 Correct Answer 3. Powell v Alabama

30. In which U.S. Supreme Court case was the issue of indigent juveniles receiving appropriate counsel addressed? 1.Alabama v Shelton 2.In re Gault 3.Argersinger v Hamlin 4.Powell v Alabama CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 30

31. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 31 Correct Answer 2. In re Gault

32. A character witness ----. 1.Is a lay witness with direct knowledge of the defendant 2.Is an expert witness with a professional opinion of the defendant 3.Is an eye witness for the state CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 32

33. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 33 Correct Answer 1.Is a lay witness with direct knowledge of the defendant

34. Do you believe that it changes the outcome of a high profile case to have media coverage before and during the trial? 1.yes 2.no 2.I don’t know 3.I don’t think the media should be allowed in the courtroom CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 34

35. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 35 Correct Answer Survey or opinion question Graph answers for class discussion