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Essentials of Criminal Justice 10th Edition Siegel Test Bank Full Chapter PDF
Essentials of Criminal Justice 10th Edition Siegel Test Bank Full Chapter PDF
Essentials of Criminal Justice 10th Edition Siegel Test Bank Full Chapter PDF
1. There are approximately 3,000 drug courts in operation across the United States.
a. True
b. False
ANSWER: True
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Remember
5. The prosecution represents the state during bail hearings in the pretrial stage.
a. True
b. False
ANSWER: True
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.04 - Explain the role of the prosecutor.
KEYWORDS: Remember
7. In Gideon v. Wainwright, the court took the first major step on the issue of right to counsel.
a. True
b. False
ANSWER: True
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
10. Technology in the courtroom is a controversial issue because much of the information used infringes on the
rights of the accused.
a. True
b. False
ANSWER: False
REFERENCES: Court Administration
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.09 - Evaluate the expanding role of technology in the court process.
KEYWORDS: Remember
a. True
b. False
ANSWER: False
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Remember
a. True
b. False
ANSWER: True
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.08 - Summarize the pros and cons of private attorneys.
KEYWORDS: Remember
13. The US court of appeals is empowered only to hear federal cases on substantive and procedural issues
involving rights guaranteed by the US Constitution.
a. True
b. False
ANSWER: False
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
14. Each state has one court of last resort that reviews issues of law and fact appealed from the trial courts.
a. True
b. False
ANSWER: False
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Remember
15. There are specialized state courts for gangs, domestic violence, guns, sex offenders, and the homeless.
a. True
b. False
ANSWER: True
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Remember
16. Computers are replacing judges every day by allowing the judge to videoconference into the courtroom.
a. True
b. False
ANSWER: False
REFERENCES: Court Administration
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.09 - Evaluate the expanding role of technology in the court process.
KEYWORDS: Remember
17. One form of legal representation of indigents is where private attorneys or private law firms provide their
services for free.
a. True
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b. False
ANSWER: True
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
19. A jury can consist of between 6 and 12 people to decide a case in a criminal trial.
a. True
b. False
ANSWER: True
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
20. There are very strict, formal qualifications for federal judges.
a. True
b. False
ANSWER: False
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.03 - Summarize the selection procedure for and duties of the trial judge.
KEYWORDS: Remember
21. Once a prosecutor decides to pursue a case, the charges cannot later be dropped.
a. True
b. False
ANSWER: False
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.04 - Explain the role of the prosecutor.
KEYWORDS: Remember
22. The availability of treatment and detention facilities is a resource issue that impacts prosecutorial discretion.
a. True
b. False
ANSWER: True
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Remember
23. The forms of legal representation available to indigents are public defender, assigned counsel, contract, and mixed.
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a. True
b. False
ANSWER: True
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
24. Conviction rates for indigent defendants and for those with their own lawyers were about the same in federal and state
courts.
a. True
b. False
ANSWER: True
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.08 - Summarize the pros and cons of private attorneys.
KEYWORDS: Remember
25. Increasingly videoconferencing is used across the United States and is now used in about 400 courts.
a. True
b. False
ANSWER: True
REFERENCES: Court Administration
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.09 - Evaluate the expanding role of technology in the court process.
KEYWORDS: Remember
Multiple Choice
29. Courts of limited jurisdiction are most likely to handle which of the following crimes?
a. Domestic violence
b. Juvenile crime
c. Shoplifting
d. Traffic violations
ANSWER: d
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Apply
31. If you are charged with armed robbery, your trial would take place in which type of court?
a. A court of limited jurisdiction
b. A court of general jurisdiction
c. An appellate court
d. A specialty court
ANSWER: b
REFERENCES: State courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Apply
32. Generally, state appellate decisions are based on court transcripts; however, in some instances, the felony
court will grant a new trial known as a:
a. trial de novo.
b. reaffirmation of verdict.
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c. trial de jure.
d. habeas corpus hearing.
ANSWER: a
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
33. The US Supreme Court is composed of ____ members that are ________.
a. 7; appointed for 8 year terms
b. 9; appointed for lifetime terms
c. 9; elected by the voters during the presidential election
d. 10; recommended by Congress
ANSWER: b
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
34. The legal basis for the federal court system is found in the:
a. Judicial Act of 1789.
b. Sixth Amendment.
c. Article 3, Section 1 of the U.S. Constitution.
d. Original Articles of Confederation.
ANSWER: c
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
35. The federal government has a three-tiered hierarchy of court jurisdiction, which includes all of the following
except the:
a. US court of appeals.
b. US district Court.
c. US special jurisdiction court.
d. US Supreme Court.
ANSWER: c
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
37. When the US Supreme Court justices reach a split decision, the Chief Justice assigns a member of the
majority group to write the:
a. opinion.
b. issuance of legalis.
c. writ of certiorari.
d. mandate of precedence.
ANSWER: a
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.03 - Summarize the selection procedure for and duties of the trial judge.
KEYWORDS: Remember
38. Which of the following is not one of the judicial functions of a judge?
a. Consider leniency or severity requests from police and prosecutors
b. Administrative control over probation
c. Consult with probation staff on treatment decisions
d. Draft legislative language to be forwarded to congressional sponsors
ANSWER: d
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Remember
39. Many states have adopted some form of what is known as the ____ Plan to select judges.
a. Illinois
b. Missouri
c. New York
d. Ohio
ANSWER: b
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.03 - Summarize the selection procedure for and duties of the trial judge.
KEYWORDS: Remember
42. All evidence points to the conclusion that prosecutorial discretion is used to:
a. influence judicial decision making in the sentencing stage.
b. influence who gets reelected to judgeships.
c. screen out the weakest cases.
d. achieve a desirable sentence.
ANSWER: c
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Remember
43. Which of the following is the most common reason for prosecutors to reject cases?
a. Due process problems
b. Arrest problems
c. Evidence problems
d. Interest of justice problems
ANSWER: c
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.04 - Explain the role of the prosecutor.
KEYWORDS: Remember
46. What is the duty of a defense lawyer to his or her client and the legal system?
a. To participate in the courtroom workgroup
b. To fully and competently defend his or her client
c. To engage in the pursuit of justice
d. To represent the state
ANSWER: b
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.06 - Identify the role of the defense attorney in the justice process.
KEYWORDS: Remember
47. In what 1963 landmark case did the U.S. Supreme Court rule that state courts must provide counsel to
indigent defendants in felony prosecutions?
a. Gideon v. Wainwright
b. Strickland v. Washington
c. Burger v. Kemp
d. Argersinger v. Hamlin
ANSWER: a
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
48. In what 1972 case did the court rule that an attorney must be provided in all criminal cases where the penalty
includes imprisonment?
a. Gideon v. Wainwright
b. Strickland v. Washington
c. Burger v. Kemp
d. Argersinger v. Hamlin
ANSWER: d
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
49. Today, the Sixth Amendment right to counsel and the ____ and ____ Amendments guarantee of due process
of law have been judicially interpreted together to provide the defendant with counsel by the state in all types of
criminal proceedings.
a. Fourth, Fifth
b. Fifth, Fourteenth
c. Sixth, Eighth
d. First, Seventh
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ANSWER: b
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
50. Which type of indigent defense program relies on block grants given to lawyers or law firms in exchange for
their legal services on a set number of cases involving poor defendants?
a. Contract system
b. Assigned counsel system
c. Prepaid legal service
d. Public defender system
ANSWER: a
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
51. Which of the following statements is false regarding public versus private attorneys?
a. Conviction rates for indigent defendants with public defenders were significantly higher than for
defendants with their own attorney.
b. Sentence lengths for defendants sent to jail or prison were shorter for those with publicly financed
attorneys than those who hired counsel.
c. Of those found guilty, those represented by publicly financed attorneys were incarcerated at a higher
rate than those defendants who paid for their own legal representation.
d. Research indicates that private counsel may have a slightly better track record in some areas than
public defenders.
ANSWER: a
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.08 - Summarize the pros and cons of private attorneys.
KEYWORDS: Remember
52. The concept of attorney competence was defined by the U.S. Supreme Court in what case?
a. Gideon v. Wainwright
b. Strickland v. Washington
c. Burger v. Kemp
d. Argersinger v. Hamlin
ANSWER: b
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.08 - Summarize the pros and cons of private attorneys.
KEYWORDS: Remember
53. The first state to establish a court administrative office was ____ in 1927.
a. North Dakota
b. Iowa
c. Washington
d. California
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ANSWER: a
REFERENCES: Court Administration
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.09 - Evaluate the expanding role of technology in the court process.
KEYWORDS: Remember
54. Approximately ____ courts across the United States have videoconferencing capability.
a. 50
b. 150
c. 275
d. 400
ANSWER: d
REFERENCES: Court Administration
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.09 - Evaluate the expanding role of technology in the court process.
KEYWORDS: Remember
A.J. is a minority who is walking his dog in a city that has an ordinance to make sure people clean up after their dogs. Of
course A.J. has never seen this ordinance enforced, so he just continues walking after his dog defecates. He doesn’t know
that a rookie patrolman has been watching and observed him fail to clean up his dog’s waste. A.J. walks around the corner
to find a whole wall of freshly painted graffiti and spray paint cans on the ground. He picks one up to put it in the trash
just as the patrolman is walking around the corner to give A.J. an ordinance violation ticket.
56. A.J. has just been arrested for destruction of property, and a municipal ordinance violation. He pleads with the
patrolman and tries to tell him that he was just attempting to clean up the neighborhood. If his case was tried, where
would it be found?
a. Civil court of general jurisdiction
b. State court of general jurisdiction
c. State court of limited jurisdiction
d. Civil court of limited jurisdiction
ANSWER: c
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Apply
57. A.J. was sentenced to the fine of $500 for the dog waste and community service hours until he removes all of the
graffiti. He is going to appeal his sentence and will appeal his case to which court?
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a. Appellate court of limited jurisdiction
b. Civil court of general jurisdiction
c. Appellate court of general jurisdiction
d. State court of general jurisdiction
ANSWER: a
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Apply
58. A.J. is suing the rookie patrolman for defamation of character and racial profiling. He thinks that the patrolman
assumed that he was the perpetrator of the graffiti because he is a minority. What can a state court judge do for A.J. in his
defamation case?
ANSWER: c
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Apply
The Jones family lives in Washington D.C. and has a booming methamphetamine business out of their house.
One night a tree falls on their home exposing their operation to the fire department who in turn calls the police.
59. Mr. Jones has requested that a jury be present to hear this case. Where will his case be heard?
60. In deciding whether to prosecute Mr. Jones for his meth lab, the prosecutor is concerned about how the
evidence was obtained. When discussing prosecutorial discretion, where would his or her concern fall within?
a. Legal issues
b. Victim issues
c. Resource issues
d. Extralegal issues
ANSWER: a
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Apply
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61. At the trial, Mr. Jones’s private attorney fails to show up. Because the judge has a busy schedule, he moves
forward without the attorney present. What is wrong with what the judge has done?
a. He put his own schedule ahead of the schedule of the criminal defense attorney.
b. He violated Mr. Jones’s Sixth Amendment rights.
c. He has shown bias toward the prosecution.
d. He has shown bias toward the defense.
ANSWER: b
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.03 - Summarize the selection procedure for and duties of the trial judge.
KEYWORDS: Apply
62. Mr. Jones is angry at his private attorney. He keeps him on retainer for the very reason of potential criminal
action against him and his meth business. Mr. Jones has now been placed with a public defender. One major
difference between a public and private attorney is:
a. conviction rates
b. sentence lengths
c. quality of representation
d. cost
ANSWER: d
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.08 - Summarize the pros and cons of private attorneys.
KEYWORDS: Apply
63. At trial, the prosecutor in Mr. Jones’s case receives an e-mail that provides an index of previous cases of
prosecuting meth dealers where the evidence was obtained in non-traditional ways. What can the prosecutor do
with this information?
Because of the budget deficit, the US government is looking for ways to cut costs. They have announced a plan to
dissemble all state supreme courts or courts of last resort and have all cases appealed from state appellate courts go
directly to the US Supreme Court.
64. What does this decision mean for those people that are on either side of the gun control debate?
65. What will the decision to dissemble all state supreme courts mean for the juries that hear the cases on that
level?
a. The state supreme court will have to lay off the jury members.
b. Juries are not used for US Supreme Court proceedings.
c. Only the best jurors will be selected for the US Supreme Court proceedings.
d. A defendant’s Sixth Amendment rights may be violated.
ANSWER: b
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Apply
Completion
66. The federal court system is organized around a ____________________ hierarchy of court jurisdiction.
ANSWER: three-tiered
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
67. ________________prosecution policies require prosecutors to bring charges against domestic abusers regardless of
whether the victim participates.
ANSWER:
“No-drop”
No-drop
“Evidence-based”
Evidence-based
69. The __________ courts are the trial courts of the federal system.
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ANSWER: US district
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
70. The offender’s race, gender, and ethnic background are _____________ issues.
ANSWER: extralegal
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Remember
71. The Supreme Court issues a ____________________ indicating that it has decided to hear a case.
ANSWER: writ of certiorari
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Remember
72. If the prosecutor decides to pursue a case, the charges may later be dropped if conditions are not favorable
for a conviction in a process called ____________________.
ANSWER: nolle prosequi
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.04 - Explain the role of the prosecutor.
KEYWORDS: Remember
73. ____________________ describes the decision a prosecutor makes in whether or not to prosecute a case.
ANSWER: Prosecutorial discretion
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Remember
74. In the ____________________ system of indigent defense, a block grant is given to a lawyer or law firm to
handle indigent defense cases.
ANSWER: contract
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
75. Under the _____________________, the burden is on the state to prove the charges beyond a reasonable
doubt.
76. __________________ counsel is a listing of private bar members who accept cases on a judge-by-judge,
ANSWER: Assigned
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
ANSWER: evidence-based
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.04 - Explain the role of the prosecutor.
KEYWORDS: Remember
78. In the federal system prosecutors are known as ___________________ and are appointed by the president.
ANSWER: US attorneys
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.04 - Explain the role of the prosecutor.
KEYWORDS: Remember
79. The ____________________ is a way of picking judges through nonpartisan elections as a way to ensure that judges
adhere to the high standards of judicial performance.
82. Availability of treatment and size of caseloads are examples of ______ issues considered by the prosecutor.
ANSWER: resource
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Remember
84. North Carolina v. Pearce and Blackledge vv. Perry are cases that address the issue of __________.
ANSWER: prosecutorial misconduct
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Remember
85. In __________the US Supreme Court ruled that state courts must provide counsel to indigent defendants in felony
prosecutions.
ANSWER: Gideon v. Wainwright
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
86. If a lawyer is appointed by the court to represent a defendant in a criminal case because the person is too poor to hire
counsel, this is referred to as _________.
ANSWER: assigned counsel
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Remember
87. In ___________ the US Supreme Court defined the concept of attorney competence in 1984.
ANSWER: Strickland v. Washington
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.06 - Identify the role of the defense attorney in the justice process.
KEYWORDS: Remember
89. The ____________________ movement began in Florida to address the problem of prison overcrowding.
ANSWER: drug court
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Remember
90. In 1994 in Rhode Island, the nation’s first ______court was created.
ANSWER: gun
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
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KEYWORDS: Remember
Essay
91. Discuss the rationale behind specialty courts and how such courts fit into the larger structure of the state
court system.
ANSWER:
There are now specialized courts for nearly every difficult problem confronting the criminal
justice system. These courts focus on one type of criminal act such as drug court or mental
health court. All cases within this jurisdiction that involve this particular type of crime are
funneled into their special court area. For instance mental health courts focus their attention
on mental health treatment to help people with emotional problems and attempt to reduce
their chances of re-offending. These specialty courts fall under the heading of courts of
limited jurisdiction.
REFERENCES: State Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.01 - Describe the varying structures of state court systems.
KEYWORDS: Understand
92. Describe the US Supreme Court and explain how a case becomes heard in this court.
ANSWER: Often called the court of last resort, the US Supreme Court is the nation’s highest
appellate body. It is composed of nine members appointed by the president for
lifetime terms after approval of Congress. The court chooses approximately 300 out
of about 5,000 cases appealed each year and when it decides to hear a case, it grants a
writ of certiorari requesting a transcript of the proceedings for review. When the
Supreme Court rules on a case, it becomes precedent and must be honored by all
lower courts.
REFERENCES: Federal Courts
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.02 - Describe the federal court system.
KEYWORDS: Understand
95. Through the use of examples, discuss the major tasks of a prosecutor.
ANSWER: The prosecutor is responsible for bringing the power of the state on those who are accused of
disobeying the law by charging them with a crime, releasing them from prosecution, or
eventually bringing them to trial. Ultimately, he or her job is to seek justice, as well as to
convict those who are guilty. The duties of a prosecutor include the following:
96. Through the use of examples, discuss the factors affecting the prosecutor’s discretionary decision-making
process.
ANSWER: There are three main types of factors that influence prosecutorial discretion: legal,
extralegal, and resource issues. Legal issues include characteristics of the justice
system, crime, the criminal, and the victim as well as the quality of police work and
the amount and relevance of the evidence. In addition, seriousness of the crime
influences discretion. Extralegal factors include the offender’s race, gender, or ethnic
background. As pure opinion, it has been said that the better the quality of the legal
representation of the defendant, the lesser the sanction. Finally, resource issues may
include the fact that prosecutors are politicians, and a loss in a key case may hinder
their reelection and future political aspirations.
REFERENCES: The Prosecutor
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.05 - Describe prosecutorial discretion, and summarize its pros and cons.
KEYWORDS: Analyze
97. Discuss the major functions of a defense attorney in the justice process.
ANSWER: The defense attorney is the counterpart of the prosecuting attorney in the criminal
process. As an attorney, the defense counsel is obligated to uphold the integrity of the
legal profession. The accused may obtain counsel from the private bar, or if the
defendant is indigent or cannot pay, private counsel or a public defender may be
assigned by the court.
REFERENCES: The Defense Attorney
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LEARNING OBJECTIVES: ESCJ.SIEG.17.07.06 - Identify the role of the defense attorney in the justice process.
KEYWORDS: Understand
98. Detail the various forms of indigent defense systems used in the United States.
ANSWER: Providing legal services for the indigent offender is a huge and costly undertaking.
Providing council assistance can be divided into three categories: public defender
systems, assigned counsel systems, and contract systems. Public defenders are
usually found in larger urban areas with high case-flow rates. They are salaried staff
who render indigent criminal defense services through multiple sources of funding.
Assigned counsel systems are used in less populated areas where the case flow is
minimal and a full-time public defender is not needed. These individuals are
appointed from a list of private bar members who accept cases on a judge-by-judge
and court-by-court basis. Contract systems are composed of non-salaried private
attorneys, bar associations, law firms, consortiums, or nonprofit corporations with a
funding source to provide court-appointed representation in a jurisdiction.
REFERENCES: The Defense Attorney
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.07 - Discuss different forms for indigent defense.
KEYWORDS: Understand
99. Through the use of examples, elaborate on the expanding role of technology in the court process.
ANSWER: Computers are becoming an important aid in the administration and management of courts.
The computer cannot replace the judge, but it can be used as an ally to help speed the trial
process by identifying backlogs and bottlenecks. Some examples that show computers and
technology in action include the following:
• Defendants who are arraigned over closed-circuit television while in police custody.
• Evidence presentation may include real-time transcription and translation, audio-
video preservation of the court record, remote witness participation, computer
graphics displays, television monitors for jurors, and computers for counsel and
judge.
• Internet utilization includes automated library management, official correspondence
via e-mail, and public access to court records.
• Information sharing involves exchanges of information with other agencies without
reading and retyping data.
100. Discuss how judicial attitudes may extend beyond the courtroom.
ANSWER: Police policies may be directly influenced by the judge, whose sentencing discretion
affects the arrest process. If a judge is known to have a liberal attitude toward police
discretion, the local police department may be more inclined to engage in practices
that border on entrapment or to pursue cases through easily obtained wiretaps.
Similarly, if the judge usually imposes minimal sentences for a particular offense, the
police may be reluctant to arrest offenders for that crime, knowing that it may be a
waste of time.
REFERENCES: The Judiciary
LEARNING OBJECTIVES: ESCJ.SIEG.17.07.03 - Summarize the selection procedure for and duties of the trial judge.
KEYWORDS: Evaluate
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SECTION OF THE MISSISSIPPI RIVER.
From the starting point on the river to the levee the distance is
about five hundred feet; here the water was shallow and the route
full of stumps. It took one whole day to pass this point. Then they cut
in the levee. Here the fall was over two feet, and the rush of water
tremendous. The largest boat was dropped through with five lines
out ahead. Then a corn field, overflowed from a cut in the levee,
where a channel was cut by the swift water, and floated them onward
nearly a quarter of a mile to the woods. Here was great labor—two
straight and long miles to the nearest point in the bayou. It took
eight days to get through this distance. Then came Wilson’s Bayou,
East Bayou, and St. John’s Bayou, which empties into the Mississippi
at New Madrid. It sometimes took twenty men a whole day to get out
a half sunken tree across the bayou; and as none of the rafts or flats
could get by, this always detained the whole fleet. The water, after
they got in the woods, was about six feet deep, with a gentle current
setting across the peninsula. In the East Bayou the current was
tremendous, and the boats had to be checked down with heavy head
lines. Here they found some obstructions, caused by heaps of
driftwood, but a few sturdy blows dislodged some of the logs and
sent the whole mass floating down the current.
While the engineers were engaged in this herculean enterprise, the
gunboat Carondelet ran safely by the rebel batteries on the island,
and reached New Madrid on the night of April 4th. On the
succeeding night another boat, the Pittsburg, ran the gauntlet of the
enemy’s fire unscathed, in time to convoy the transports as they
entered the river.
On the 6th of April the two gunboats attacked and destroyed four
batteries erected by the rebels on the Tennessee shore. On the 7th, by
daylight, the divisions of Generals Paine and Stanley were marched
to Tiptonville, fifteen miles down the river from New Madrid. The
rebels had retreated in that direction the afternoon before, and it was
thought that they were endeavoring to cross over Reelfoot lake. The
troops were pushed forward with all possible speed, and at night
encamped at Tiptonville and Merriwether’s, while a strong force was
posted at the only point where by any possibility the rebels could
cross the lake, some four miles from the town. Squads of rebel
soldiers kept in sight of the Union pickets during the night, and at
times would come boldly up and surrender themselves as prisoners
of war. At daylight General Pope and staff, and Assistant Secretary of
War Scott, went down to the locality, and General Pope assumed the
full command. It was expected that some resistance would be made,
and no one surmised that the enemy, who it was learned had
marched over from Island No. 10, had concluded to give himself up.
But shortly after sunrise General Pope received a message from the
General commanding the Confederates, stating that he had
surrendered the island and fortifications to Commodore Foote the
night before, and that the forces under his command were ready to
follow the “fortunes of war;” and he requested General Pope to
receive and march them into camp. General Pope gave directions for
the Confederate troops to come into camp and go through the
formula. Accordingly about four thousand rebels were marched in
and stacked their arms.
On the same day Island No. 10 was surrendered to Commodore
Foote, with all its war material; and all the gunboats and transports
fell into the hands of the victors.
BATTLE OF WINCHESTER, VA.
Up to this time the armies had not been much nearer to each other
than three hundred yards, unless in some few instances. The wood
was soon cleared at the point of the bayonet, the Unionists
discharging their pieces at twenty and even five yards distance from
the rebels, and then dashing at them with the bayonet.
The rebels fought well. They contested the ground foot by foot, and
marked every yard of their retreat with blood. They retired behind
the stone wall, on the ridge, but the Unionists jumped over, and
drove them in the greatest confusion and with fearful slaughter upon
their centre. The panic was contagious. Kimble ordered a charge
along the whole line, and for a short time the fighting was desperate.
The roar of the cannon was no longer heard, unless in occasional
bursts, but the rattle of musketry was more deafening than ever.
The rout of the rebels had fairly commenced; two of their guns and
four caissons were taken, and though many of them turned and fired
again and again at the pursuing host, many more threw away
muskets and bayonets without hesitation. Darkness and the extreme
fatigue of the Union troops, however, saved them for the time, and
the Federals retired about two miles and bivouacked.
At daybreak General Shields ordered the rebel position to be
attacked, and the enemy, after replying by a few shots from his
artillery, continued his retreat. Meantime General Banks, who had
been at Harper’s Ferry, arrived, and taking command of the troops in
person, continued the pursuit with about ten thousand men, and
pressed the rebels beyond Middleburg, cutting off many stragglers.
The object was to capture his whole force, if possible. General
Williams, with his forces, arrived on the field, too late to participate
in the action. They joined in the chase.
The loss of the enemy in killed and wounded was six hundred. The
number of prisoners taken was three hundred.
The Union loss in killed was one hundred, and about four hundred
wounded. Though the enemy had a much larger force, four pieces of
cannon more than the Federals, the selection of fighting ground, and
every other advantage, yet all the trophies of the occasion belong to
the Union army.
The rebels had an Irish battalion of one hundred and fifty men, of
whom forty were killed on the field, and many of the rest wounded.
Their commander, Captain Jones, was captured, having lost both
eyes by a bullet.
The loss on the Union side was heaviest in the Eighty-fourth
Pennsylvania regiment. Of the five companies of three hundred men,
in all, engaged, they lost Colonel Murray, a brave officer; one captain,
one lieutenant, twenty-three privates and non-commissioned officers
killed, and sixty-three wounded. The loss in the Eighth and Fifth
Ohio regiments was about seventy-five and sixty, respectively, killed
and wounded.
Lieutenant-Colonel Thorburn, of the Third Virginia, was among
the wounded. These were the only field officers killed or wounded in
the Union forces.
The battle-field after the struggle was a terrible sight. The night
was dark and cold. After the battle the ambulances were busily
engaged removing the wounded. The enemy carried off most of their
wounded and some of their dead. The wounded were intermingled
with the dead, and their sufferings before they were removed to the
hospitals were heart-rending. The next day was spent in burying the
dead. The ghastly aspect of the field after the wounded were
removed, and before the dead were interred, was appalling.
BATTLE OF PITTSBURG LANDING.