Crime and Criminal Justice Concepts and Controversies 1st Edition Mallicoat Test Bank

Instructor Resource
Mallicoat, Crime and Criminal Justice, 1st ed.

SAGE Publishing, 2017
Multiple Choice
1. Criminal law requires that a criminal court satisfy a burden of proof of __________.
a. beyond a reasonable doubt
b. clear and convincing evidence
c. probable cause
d. preponderance of the evidence
Ans: A
Answer Location: Criminal v. Civil Courts
Learning Objective: 1, Discuss the differences between the criminal courts and the civil courts
Cognitive Domain: Knowledge
Difficulty Level: Easy
Question Type: MC
2. The burden of proof in civil courts is __________.

a. beyond a reasonable doubt
b. clear and convincing evidence
c. probable cause
d. preponderance of the evidence
Ans: D
Instructor Resource
Question Type: MC
3. This term refers to those cases in which a court may exercise lawful authority.
a. District
b. Circuit
c. Venue
d. Jurisdiction
Ans: D
Answer Location: Jurisdiction and the Courts System
Learning Objective: 2, Identify the different types of jurisdiction that impact how courts hear
cases
Question Type: MC
4. In order to know if the court has ___________ jurisdiction, we need to know what type of law
was broken.
a. concurrent
b. geographical
c. venue
d. district
Ans: B
Answer Location: Geographical Jurisdiction
cases
Cognitive Domain: Comprehension
Difficulty Level: Medium
Instructor Resource
Question Type: MC
5. Which of the following is the correct presentation of a state criminal court case in the state of
New York?
a. State of New York v. Amber Roberts
b. Amber Roberts v. State of New York
c. United States of America v. Amber Roberts
d. Roberts v. New York
Ans: A
Cognitive Domain: Application
Difficulty Level: Hard
Question Type: MC
6. Which of the following is the correct presentation of a state criminal court case in a
commonwealth state?
a. Commonwealth of Kentucky v. Amber Roberts
b. Amber Roberts v. Commonwealth of Kentucky
c. United States of America v. Amber Roberts
d. Roberts v. Kentucky
Ans: A
Question Type: MC
Instructor Resource
7. The most common type of criminal act is a violation of __________ law.

a. local
b. state
c. federal
d. civil
Ans: B
Learning Objective: 3, Describe the typical structure of state and federal court system
Question Type: MC
8. When acts are illegal under both federal law and state law, this is referred to as _______
jurisdiction.
a. geographical
b. dual
c. general
d. concurrent
Ans: D
Answer Location: Concurrent Jurisdiction
cases
Question Type: MC
Instructor Resource
9. The Boston Marathon bombing case of Dzhokhar Tsarnaev is an example of _______

jurisdiction.
a. geographical
b. dual
c. general
d. concurrent
Ans: D
Answer Location: Concurrent Jurisdiction
cases
Question Type: MC
10. __________ is jurisdiction of a court based on the type of case that it is allowed to hear.
a. Limited jurisdiction
b. Subject-matter jurisdiction
c. General jurisdiction
d. Original jurisdiction
Ans: B
Answer Location: Subject-Matter Jurisdiction
cases
Question Type: MC
Instructor Resource
11. Courts of __________ handle misdemeanor cases.

a. limited jurisdiction
b. subject-matter jurisdiction
c. general jurisdiction
d. original jurisdiction
Ans: A
cases
Question Type: MC
12. Courts of __________ do not have any restrictions on the types of cases that they can hear. In
the criminal courts, they hear the most serious felony cases.
Ans: C
cases
Question Type: MC
Instructor Resource
13. A criminal case begins in a court of ________ or a trial court, where a case is heard for the
first time.
Ans: D
cases
Question Type: MC
14. Courts of _________ are concerned with issues of law and whether there were errors made
by the trial court.
a. general jurisdiction
b. appealate jurisdiction
c. original jurisdiction
d. none of these are correct
Ans: B
Answer Location: Appellate Jurisdiction
cases
Question Type: MC
Instructor Resource
15. In criminal court, who can file the first appeal?

a. The prosecutor
b. The accused
c. Both the prosecutor and the accused
d. No one can appeal
Ans: B
Answer Location: Appellate Jurisdiction
Learning Objective: 4, Discuss the various actors in the court system and their duties
Question Type: MC
16. The court system in the United States is based upon a ________ system which reflects the
state’s judicial autonomy from the federal government.
a. autonomy
b. concurrent court
c. separation court
d. dual court
Ans: D
Answer Location: Structure of the Courts
Question Type: MC
Instructor Resource
17. Which type of case under Federal Law is the federal court system not responsible for
managing?
a. Criminal
b. Civil
c. Administrative
d. All of these are responsibilities of the federal court system
Ans: D
Answer Location: The Federal Court System
Question Type: MC
18. The first level of courts in the federal system is the _______.
a. U.S. Supreme Court
b. U.S. Circuit Courts
c. U.S. District Courts
d. U.S. Magistrates Courts
Ans: D
Question Type: MC
19. U.S. Magistrates Courts are courts of _________.

Instructor Resource
b. limited jurisdiction
c. appellate jurisdiction
Ans: B
Question Type: MC
20. U.S. District Courts are courts of _________.

b. limited jurisdiction
c. appellate jurisdiction
Ans: A
Question Type: MC
21. In the ________ plan, governors appoint judges, based on their abilities and experience, to
fill a short initial term. After it expires, judges have to be elected by popular vote. This is called
the merit system.
a. Missouri
Instructor Resource
b. California
c. New York
d. Kentucky
Ans: A
Answer Location: The State Court System
Question Type: MC
22. Which of the following is not an ancillary member of the court?

a. Bailiff
b. The clerk of the court
c. Court reporter
d. All of these are ancillary members
Ans: D
Answer Location: Ancillary Members
Question Type: MC
23. Who is tasked with bringing the case to court?

a. Police officer
b. Defense attorney
c. Judge
d. Prosecutor
Instructor Resource
Ans: D
Answer Location: Prosecutors
Question Type: MC
24. Who decides whether probable cause exists in a case?

a. Police officer
b. Defense attorney
c. Judge
d. Prosecutor
Ans: D
Answer Location: Judges
Question Type: MC
25. The____ amendment of the constitution states that persons who have been accused of a crime
have the right to an attorney to assist in their defense.
a. first
b. fourth
c. sixth
d. eighth
Ans: C
Answer Location: Defense Attorneys
Instructor Resource
Question Type: MC
26. The ruling in this landmark Supreme Court case was that defendants are entitled to an
attorney if they are accused on a crime. If they cannot afford an attorney, they will be appointed
one by the government.
a. Mapp v. Ohio (1961)
b. Katz v. United States (1967)
c. Gideon v. Wainwright (1963)
d. Batson v. Kentucky (1986)
Ans: C
Answer Location: Spotlight on the 50th Anniversary of Gideon v. Wainwright
Question Type: MC
27. A __________ is granted in cases where the court believes that a potential juror may be
unfair or biased in their decision-making.
a. peremptory challenge
b. challenge for cause
c. unqualified juror
d. constitutional challenge
Ans: B
Answer Location: Trial Juries
Instructor Resource
Learning Objective: 5, Explain how a case moves throughout the trial process
Question Type: MC
28. Each side has a limited number of __________ whereby each attorney can reject a juror
without having to give a specific reason.
a. peremptory challenge
b. challenge for cause
c. unqualified juror
d. constitutional challenge
Ans: B
Question Type: MC
29. How many stages are there in a criminal trial?

a. 4
b. 6
c. 8
d. 10
Ans: C
Answer Location: Trial
Instructor Resource

Question Type: MC
30. The ___________ is an option for the court to establish whether probable cause exists for the
case to move forward.
a. Grand jury
b. Arraignment
c. First appearance
d. Preliminary hearing.
Ans: D
Answer Location: Pretrial
Question Type: MC
True/False
31. Some cases involve violations of both criminal and civil law.
Ans: True
Question Type: TF
Instructor Resource
32. The term en banc means that the full bench hears the case.
Ans: True
Question Type: TF
33. During an initial appearance, the defendant is officially notified by the court of the charges
that are pending against them.
Ans: True
Question Type: TF
34. When a defendant is released on their own recognizance, they post a bail as a promise to
appear for all future court dates.
Ans: False
Instructor Resource
Question Type: TF
35. In Gideon v. Wainwright, the Supreme Court held that peremptory challenges cannot be used
against a potential juror solely on the basis of their race/ethnicity.
Ans: False
Answer Location: The Jury
Cognitive Domain: Analysis
Question Type: TF
36. A grand jury decides whether a defendant is guilty following trial.

Ans: False
Question Type: TF
37. The indictment is the official declaration that there is probable cause to charge the accused
with a crime.
Ans: True
Instructor Resource

Question Type: TF
38. During the voir dire process, the prosecutor and the defense question potential jurors to
determine who should be selected to serve.
Ans: True
Question Type: TF
39. Prosecutorial misconduct can include behaviors such as the use of perjured testimony, failing
to disclose preferential treatment to a jailhouse informant, or misstating the law to the jury which
impacted their decision-making process.
Ans: True
Question Type: TF
40. For the majority of states, the appellate level is divided into intermediate courts of appeals as
well as a court of last resort, also known as the state supreme court.
Ans: True
Instructor Resource
Answer Location: State Appellate Courts

Question Type: TF
41. Appeals by permission involve cases where the appellate court must hear.
Ans: False
Answer Location: State Appellate Courts
Question Type: TF
42. The first U.S. Supreme Court was established in 1789 with nine members: a Chief Justice
and eight associate justices.
Ans: False
Answer Location: Women and Minorities on the Supreme Court.
Question Type: TF
43. In order for a case to reach the Supreme Court, it has to exhaust all of its appeals in the lower
courts. Then they must petition the Court to hear the case. This is called a writ of certiorari.
Instructor Resource
Ans: True
Question Type: TF
44. Courts of limited jurisdiction handle misdemeanor cases.

Ans: True
cases
Question Type: TF
45. There are nine stages in a criminal trial.

Ans: False
Answer Location: The Trial
Question Type: TF
Essay
Instructor Resource
46. What is the difference in the burden of proof required in criminal and civil proceedings?
Ans: Criminal—burden of proof of beyond a reasonable doubt; Civil—burden of proof is
preponderance of the evidence.
Question Type: ESS
47. Provide one example of a case that has violations of both criminal and civil law.
Ans: Answers will vary but one example provided in the text is the O.J. Simpson cases involving
the deaths of Nicole Brown Simpson and Ronald Goldman.
Question Type: ESS
48. What is geographical jurisdiction?

Ans: Cases are heard by a court based on the geographical location that the crime was committed
in
cases
Instructor Resource

Question Type: ESS
49. What is the difference between general jurisdiction and limited jurisdiction?
Ans: At the lowest level, courts of limited jurisdiction handle misdemeanor cases. Limited
jurisdiction courts may also handle specific types of cases, such as drug courts, domestic
violence courts, and mental health courts. In contrast, courts of general jurisdiction do not have
any restrictions on the types of cases that they can hear. In the criminal courts, general
jurisdiction courts hear the most serious felony cases.
cases
Question Type: ESS
50. What is meant by a dual court system?

Ans: We have laws at both the federal level and the state level. In order to prosecute these
crimes, the federal court system handles cases that violate federal law. While there are offices
and courtrooms located throughout the United States, they all operate under the same system. At
the same time, each state has its own separate court system.
Question Type: ESS
Instructor Resource
51. What is the jurisdiction of the U.S. Federal Court System?

Ans: All 50 states, the U.S. territories, and the District of Columbia
cases
Question Type: ESS
52. What is the composition of the U.S. Supreme Court, and how are the justices appointed?
Ans: The Court is comprised of 9 justices including 1 Chief Justice and 8 Associate Justices).
Justices are selected by the President and confirmed by the members of the Senate. This is a
lifetime appointment.
Question Type: ESS
53. What process must a case go through in order to reach the U.S. Supreme Court?
Ans: It has to exhaust all of its appeals in the lower courts, and a writ of certiorari must be filed
petitioning the court to hear the case.
Instructor Resource

Question Type: ESS
54. At the state court level, how are judges selected?

Ans: Partisan election, nonpartisan election, appointment by the Governor, appointment by
commission, appointment by legislature, or a combined process called the Missouri plan.
Answer Location: Judicial Selection
Question Type: ESS
55. What guidance is provided for prosecutors by the American Bar Association Model Rules of
Professional Conduct?
Ans: Only file cases where probable cause exists; make a reasonable effort to ensure that the
accused has been advised of their rights to an attorney; does not pressure an unrepresented
defendant to waive their pretrial rights; discloses evidence in a timely matter to the defense,
particularly information that might show that the defendant is not guilty of the crime or
information that mitigates their role in the offense; exercise care when communicating details
about the case to the public, the media or other criminal justice personnel; disclose any new
evidence in a case that might vindicate a convicted offender and assist the authorities in
remedying the issue
Answer Location: Ethical Challenges for Prosecutors
Instructor Resource
Question Type: ESS
56. What is the primary role of the prosecution and the defense?
Ans: Prosecution—seek truth and justice; Defense—protect the constitutional rights of the
accused
Answer Location: Courtroom Participants and their Duties
Question Type: ESS
57. What is the primary difference between a grand jury and a trial jury?
Ans: Grand Jury—determines whether probable cause exists to charge the defendant; Trial
Jury—renders a verdict following the trial of the accused.
Question Type: ESS
58. What is the difference between a challenge for cause and a peremptory challenge?
Ans: A challenge for cause is granted in cases where the court believes that a potential juror may
be unfair or biased in their decision-making. A peremptory challenge is where each attorney can
reject a juror without having to give a specific reason.
Instructor Resource
Question Type: ESS
59. What is a plea bargain and why is it important?

Ans: A plea bargain is a reduction in charges (and punishment) in exchange for a guilty plea.
Plea bargains are an essential part of the criminal justice system as they provide a way to resolve
cases in an efficient manner.
Answer Location: Arraignment
Question Type: ESS
60. Describe the process of a criminal trial.

Ans: Key points include: the trial has eight stages. Both the prosecution and the defense attorney
present their opening statements to the court. After the opening statements, the prosecution
begins presenting their case by calling witnesses to provide testimony. The defense is given the
opportunity to cross-examine the witnesses. Prosecution rests their case. Defense presents their
case. Prosecution is given opportunity to cross-examine any witnesses. Once each side presents
their case, each side has the opportunity to make a closing argument. Judge issues instructions to
the jury. Jury deliberates. Jury renders verdict.
Answer Location: The Trial
Instructor Resource
Question Type: ESS
61. Describe the three steps of the Missouri plan.

Ans: The Missouri plan involves three steps. First, candidates are nominated by a citizens'
committee. The nominees are presented to either the governor or the head of the state’s judicial
system, which then makes a selection. Once the appointed judge has served a year in her or his
post, that judge’s name appears on a ballot as part of a retention election, which allows for the
residents of the state to determine whether the individual should remain in his or her position.
Learning Objective: 9-3 Describe the typical structure of the state and federal court systems
Question Type: ESS
62. Should physical evidence be required to convict? Defend your answer.

Ans: Yes, there is a greater likelihood of a guilty verdict being correct (defendant committed the
crime) with it. No, criminals could be found not guilty, though they committed a crime, which
could increase crime. In most instances, there is no physical evidence. This could harm the
victim, too (revictimization with no conviction).
Answer Location: Current Controversy 9.1: Should Physical Evidence Be Required in Serious
Criminal Cases?
Learning Objective: 9-5 Explain how a case moves through the trial process
Question Type: ESS
Instructor Resource
63. Discuss the benefits and drawbacks of plea bargains for at least two court players (defendant,
prosecution, defense attorney, judge, or criminal justice system).
Ans: Defense (less punishment/conviction on lesser charge for client, faster), prosecutor (win,
less time in the system), defendant (less punishment/conviction), system (cheaper and less time)
Learning Objective: 9-4 Discuss the various actors in the court system and their duties
Question Type: ESS
64. List and briefly describe the four types of jurisdiction discussed in your text.
Ans: Geographical jurisdiction (location of crime), subject matter jurisdiction (type of crime),
concurrent jurisdiction (state and federal), and appellate jurisdiction (hearing appeals)
Answer Location: Jurisdiction and the Courts
Learning Objective: 9-2 Identify the different types of jurisdiction that impact how courts hear
cases
Question Type: ESS
65. Describe the court process from arrest to arraignment.

Ans: Initial appearance, preliminary hearing (bail hearing), grand jury/information, arraignment
Answer Location: Stages of a Criminal Court Case
Learning Objective: 9-5 Explain how a case moves through the trial process
Instructor Resource
Question Type: ESS
66. Select two court actors, and describe their role in the courtroom.
Ans: Defense attorneys, prosecutors, or judges
Answer Location: Courtroom Participants and Their Duties
Question Type: ESS
67. Describe the federal court structure and what happens in each court.
Ans: Magistrate courts, district courts, circuit courts, and Supreme Court
Question Type: ESS
68. Argue for the best method of selecting judges. Include two other methods of selecting state
judges.
Ans: Partisan election (public involved, but judges are supposed to be neutral); nonpartisan
election (public involved, check in the system); or appointed (may lead to more diverse bench,
less bias, most qualified person) by the governor, by the legislature (voting on it), or by the U.S.
president (only in D.C.)
Answer Location: Judicial Selection
Instructor Resource
Question Type: ESS
69. How is it that someone could get acquitted in criminal court but lose in civil court?
Ans: The burden of proof is lower in civil court, so the bar is lower. In criminal court, proof
beyond a reasonable doubt is needed; in civil court, just a preponderance of the evidence is
needed.
Answer Location: Opening
Learning Objective: 9-1 Discuss the differences between the criminal courts and the civil courts
Question Type: ESS
70. Draw the federal court structure.

Ans: See left side of Figure 9.1, USSC (top)—U.S. Courts of Appeals (Circuit Courts)—U.S.
District Courts—U.S. Magistrate Courts
Question Type: ESS
Instructor Resource
71. Describe the history of gender and racial diversity on the Supreme Court.
Ans: 112 justice, 17 minorities, 80% white male Protestants. The first minority was Thurgood
Marshall, in 1967. Clarence Thomas was the only other minority. Sandra Day O’Connor was the
first female appointed, in 1981, and was the only female until 1993. Since then, there have been
three others as well: Ruth Bader Ginsberg, Sonya Sotomayor, and Elena Kagan. Sotomayor is
the first woman of color, a Latina. Now there are three female justices on the court for the first
time ever.
Question Type: ESS
72. Describe the state court structure.

Ans: Most state court systems are organized into four tiers based on their subject matter
jurisdiction. The majority of cases involving criminal matters are heard in the trial courts (both
limited and general jurisdiction cases). Most states divide their original-jurisdiction cases into
two categories (limited and general jurisdiction).
Question Type: ESS

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Mallicoat, Crime and Criminal Justice, 1st ed.

2. The burden of proof in civil courts is __________.

7. The most common type of criminal act is a violation of __________ law.

9. The Boston Marathon bombing case of Dzhokhar Tsarnaev is an example of _______

11. Courts of __________ handle misdemeanor cases.

15. In criminal court, who can file the first appeal?

19. U.S. Magistrates Courts are courts of _________.

20. U.S. District Courts are courts of _________.

22. Which of the following is not an ancillary member of the court?

23. Who is tasked with bringing the case to court?

24. Who decides whether probable cause exists in a case?

29. How many stages are there in a criminal trial?

Difficulty Level: Easy

36. A grand jury decides whether a defendant is guilty following trial.

Difficulty Level: Easy

Answer Location: State Appellate Courts

44. Courts of limited jurisdiction handle misdemeanor cases.

45. There are nine stages in a criminal trial.

48. What is geographical jurisdiction?

Cognitive Domain: Comprehension

50. What is meant by a dual court system?

51. What is the jurisdiction of the U.S. Federal Court System?

Cognitive Domain: Comprehension

54. At the state court level, how are judges selected?

Question Type: ESS

59. What is a plea bargain and why is it important?

60. Describe the process of a criminal trial.

Question Type: ESS

61. Describe the three steps of the Missouri plan.

62. Should physical evidence be required to convict? Defend your answer.

65. Describe the court process from arrest to arraignment.

Question Type: ESS

70. Draw the federal court structure.

72. Describe the state court structure.

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