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CJA 336 Wk 3 – Concept Check

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CJA 336 Wk 3 – Concept Check

Question 1

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In which of the following cases did the U.S. Supreme Court extend to the states the requirement to appoint counsel for all indigent defendants?

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Powell v. Alabama (1932)

Gideon v. Wainwright (1963)

Johnson v. Zerbst (1938)

Mempa v. Rhay (1967)

Question 2

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Lawyers take the race of a juror into consideration during the selection process.

Question 3

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Prosecutors exercise limited discretion in deciding whether to file formal charges.

True

Question 4

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Peremptory challenges are challenges without which of the following?

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Cause

Explanation

Judicial scrutiny

All of the above

Question 5

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How many public defender organizations were there in the United States in 1951?

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Question 6

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The American Bar Association’s 2000 report on the progress of minorities in the legal profession concluded that minority entry into the profession had stalled and that the obstacles to minority entry into the profession had grown more formidable.

False

Question 7

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The right to counsel in all criminal prosecutions is established in which amendment to the U.S. Constitution?

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Fourth Amendment

Fifth Amendment

Sixth Amendment

Eighth Amendment

Question 8

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In a concurring opinion in Batson v. Kentucky, which justice called on the Court to ban the use of peremptory challenges by the prosecutor and to allow states to ban their use by the defense?

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Justice Kennedy

Justice Black

Justice Stone

Justice Marshall

Question 9

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Repeated studies consistently show that pretrial detention has what effects on other case processing decisions?

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No discernible effect

“Spillover” effects

Only slight effect

Pronounced effects

Question 10

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As part of the courtroom workgroup, public defenders are in a better position than private attorneys to negotiate favorable plea bargains and thus to do what regarding punishment?

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Eliminate

Increase

Mitigate

Ensure

Question 11

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Racial minorities are at a disadvantage in court due to their race, and they are more likely than whites to be poor.

False

Question 12

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Jury nullification, which has its roots in English common law, occurs when a juror believes that the evidence presented at trial establishes the defendant’s guilt but nonetheless votes to do which of the following?

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Acquit

Punish

Convict

Abdicate

Question 13

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In most states, how many felony cases are dismissed by the prosecutor prior to a determination of guilt or innocence?

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Very few

Almost no

From one-third to one-half of all

About one-tenth of all

Question 14

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A number of studies document _______ racial discrimination in bail decisions.

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Indirect

Absolute

Direct

Minimal

Question 15

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The racial neutrality of a prosecutor’s peremptory challenge should be evaluated based on the genuineness of the prosecutor’s explanation, not its reasonableness.

False

Question 16

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Jury pools tend to underrepresent racial and ethnic minorities and those who are which of the following?

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Rich

Well educated

Urban dwellers

Poor

Question 17

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Highly publicized exonerations of individuals convicted of murder, sexual assault, and other serious crimes have led to confirmations that the procedures used to investigate and adjudicate criminal cases are accurate and fair to minorities.

Question 18

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What is the strongest predictor of the outcome of a bail decision?

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The seriousness of the offense

The defendant’s economic status

The prosecutor’s recommendation

The defendant’s race

Question 19

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The Manhattan Bail Project found that the majority of defendants released on their own recognizance did not appear for trial.

True

Question 20

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The reality is that both the prosecution and the defense use their peremptory challenges to do which of the following?

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“Stack the deck”

“Create balance”

“Seat a fair and impartial jury”

“Help their client”