Criminal Law and Procedure.docx

Organization of the Criminal Justice System Criminal Law and Procedure True/False: The Federal Bureau of Investigation is housed within the U.S. Department of Justice. ANS: T The governmental institution with responsibility for enacting laws is the legislature. ANS: T Law enforcement agencies are the “gatekeepers” of the criminal justice system. ANS: T Assistant U.S. Attorneys are appointed by the President, subject to the consent of the Senate. ANS: F Only those persons accused of felonies have a constitutional right to retain lawyers for their defense. ANS: F Appellate courts are primarily fact-finding bodies. ANS: F The intermediate appellate courts in the federal judicial system are the United States District Courts. ANS: F Each state has its own independent judicial system. ANS: T According to the authors, state courts handle more than 90% of the criminal prosecutions in the United States. ANS: T Crimes committed by persons in military service are ordinarily prosecuted in proceedings before courts-martial. ANS: T Under our system of federalism, the national government and each of the fifty states operates its own system of criminal justice. ANS: T Because the federal government and the government of each state enacts its own criminal laws and has its own system of courts to interpret those laws, there are significant variations across the states and between the state and federal systems. ANS: T State legislatures have very narrow powers to enact laws to further the public safety, order, health, and welfare. ANS: F Unlike their medieval forebears, modern law enforcement agencies are largely unconstrained by laws and professional norms. ANS: F REF: 30 According to the authors, in the modern era the legislative powers of Congress have been exercised and interpreted quite broadly. ANS: T -28 Prosecutors have broad discretion in determining whether to file charges and, if so, what charges to file. ANS: T In all criminal prosecutions except for petty offenses, indigent defendants are entitled to government-furnished counsel, usually a public defender. ANS: T Grand juries are like trial juries; they determine guilt or innocence, but only in federal criminal cases. ANS: F All appellate courts are federal courts. ANS: F -43 Appellate courts correct errors made at the trial level and, where it becomes necessary, fill in the gaps of the statutory law by exercising a lawmaking function. ANS: T Multiple Choice: At the national level, the ____________ is the primary agency empowered to investigate violations of federal criminal laws. Federal Bureau of Investigation Bureau of Alcohol, Tobacco and Firearms Secret Service Immigration and Naturalization Service ANS: A In addition to the FBI, federal law enforcement agencies include the _______________. Bureau of Alcohol, Tobacco and Firearms the Bureau of Indian Affairs the Customs Service all of these ANS: D Federal statutes are published in the ________________, an annual publication dating from 1789 in which federal statutes are arranged in order of their adoption. Federal Register Code of Federal Regulations Supreme Court Reporter United States Statutes at Large ANS: D REF: 28 The most popular compilation of the federal law used by lawyers, judges, and criminal justice professionals is the __________________. Federal Register Code of Federal Regulations U.S. Code Annotated Compendium of Federal Legislation ANS: C REF: 28 Congress’s legislative power may be divided into two broad categories: enumerated and _______ powers. concurrent inherent plenary implied ANS: D When state legislatures adopt statutes, they are published in volumes known as __________. reporters session laws syllabi digests ANS: B REF: 28 Because statutes are necessarily written in general language, legislation often requires judicial _____________. extrapolation interpretation modification specification ANS: B Because legislative bodies have enacted vast numbers of laws defining offenses that are ________, statutory interpretation assumes an importance largely unknown to the English common law. exogenous esoteric lex non scripta mala prohibita ANS: D The most frequent maxim applied by courts in determining legislative intent is the ______ rule. original package plain meaning nolle prosequi unit ANS: B In determining the meaning of the statutory term “_________,” a court would ordinarily look to the common law, which defined the term to mean “an enclosed space surrounding a dwelling.” domicile homestead cartilage residence ANS: C REF: 30 Defense attorneys perform all of the following functions except __________________. courtroom advocacy plea negotiation testifying on behalf of clients protecting defendants’ rights ANS: C The official who heads the U.S. Department of Justice is the ______________. Barrister General Attorney General Solicitor General Minister of Justice ANS: B In ___________ (1963), the U.S. Supreme Court greatly expanded the right to counsel by requiring states to provide attorneys to indigent defendants charged with felonies. Mapp v. Ohio Miranda v. Arizona Gideon v. Wainwright Murphy v. Waterfront Commission ANS: C The Constitution provides: “The judicial Power … shall be vested in one Supreme Court, and in such inferior Courts as the _______________ may from time to time ordain and establish.” Supreme Court President Congress Attorney General ANS: C Pretrial proceedings in the federal district courts and trials of federal misdemeanors are often handled by ____________ who are appointed by federal district judges. magistrate judges referees special masters barristers ANS: A The federal government and each of the fifty state governments maintain their own system of courts. These systems include both trial courts and _________ courts. surrogate appellate superior legislative ANS: B -39 The United States ___________ Courts are the major trial courts in the federal judiciary. Circuit Superior Supreme District ANS: D The Supreme Court has jurisdiction to review, either on appeal or by writ of _________ all the decisions of the lower federal courts and many decisions of the highest state courts. mandamus attainder certiorari prohibition ANS: C Only under conditions of _________ do military tribunals have the authority to try civilians. war emergency martial law none of these ANS: C Convictions rendered by courts-martial may be reviewed by ________________. state trial courts the state supreme courts the Joint Chiefs of Staff none of these ANS: D Crimes committed by persons who are _______ are ordinarily prosecuted before courts-martial. on Indian reservations on federal reservations in the federal civil service in the military services ANS: D Decisions of courts-martial are reviewed by military courts of review in each branch of the armed forces and in certain instances appeals are heard by the United States ____________. Court of International Justice Court of Appeals for the Federal Circuit Claims Court Court of Appeals for the Armed Forces ANS: D The abuses that came to be associated with juvenile courts were addressed by the Supreme Court in the landmark case of ______________. In re Gault (1967) Gideon v. Wainwright (1963) Ex Parte Hull (1979) Mapp v. Ohio (1961) ANS: A REF: 46 In McKeiver v. Pennsylvania (1971), the Supreme Court refused to extend the right to ___________ to juvenile proceedings. counsel speedy and public trial trial by jury cross-examination ANS: C REF: 46 Corrections systems include ______________________. agencies that supervise probation and parole public defender offices the criminal courts none of these ANS: A REF: 49 Completion: The _______________ is the oldest unit of federal law enforcement, dating back to 1790. ANS: U.S. Marshals Service In addition to the regular federal prosecutors, Congress has provided for the appointment of ______________ in cases involving alleged misconduct by high government officials. ANS: independent counsel; special prosecutors The principal trial court in the federal system is the ______________. ANS: United States District Court The U.S. Supreme Court is composed of nine justices who are appointed for life by the President with the consent of the ________. ANS: Senate Trial courts conduct criminal trials and various pretrial and post-trial proceedings, while _______ hear legal challenges to the decisions of the trial courts. ANS: appellate courts The U.S. Supreme Court has jurisdiction to review, either on appeal or by writ of ___________, the decisions of the lower federal courts and many of the decisions of the highest state courts. ANS: certiorari A court must have ________________, over both the subject matter of a case and the parties to a case, before it may proceed to adjudicate that controversy. ANS: jurisdiction Courts-martial may try all offenses committed by military service persons in violation of the _____________________________. ANS: Uniform Code of Military Justice Special treatment of juvenile offenders has been justified by the concept of ________, the power of the state to act to protect the interests of those who cannot protect themselves. ANS: parens patriae REF: 45 Criminal punishment is limited by the _______ Amendment’s prohibition of cruel and unusual punishments. ANS: Eighth REF: 47 State legislatures define offenses and set punishments for their states and authorize local governing bodies to enact ____________ defining minor offenses and setting penalties. ANS: ordinances Congress’s legislative powers are restricted to constitutionally enumerated and __________ powers. ANS: implied American courts adhere to the doctrine of following precedent, which is known as ________. ANS: stare decisis REF: 50 Defense attorneys assist persons charged with crimes and represent them at trial when they plead ___________. ANS: not guilty At the federal level and in many states, grand juries review evidence of criminal activity and determine whether to hand down an ________________ or presentment. ANS: indictment At the national level the _________________ hear routine appeals from decisions of the district courts. ANS: U.S. Courts of Appeal Military tribunals are empowered to try any offense by military personnel under the ____________________________. ANS: Uniform Code of Military Justice The military has an appellate system consisting of courts of review and a civilian court named the _________________________________. ANS: U.S. Court of Appeals for the Armed Forces. The _________ justice system includes specialized courts, law enforcement agencies, social services agencies, and corrections facilities that deal with delinquency as well as child neglect and abuse. ANS: juvenile REF: 45 Today, the focus of criminal punishment is on ______________ to prevent commission of further crimes rather than the rehabilitation of offenders. ANS: incapacitation EF: 48 Critical Thinking: A 2006 law permits a federal district court to order the continued confinement of sexually violent offenders who have completed their prison sentences. The statute was challenged on the ground that Congress lacks constitutional authority to legislate in this area. The government asserted the Necessary and Proper Clause as the constitutional basis for the statute, but the U.S. District Court for the Eastern District of North Carolina and the U.S. Court of Appeals for the Fourth Circuit disagreed and declared the law invalid. In United States v. Comstock (2010), the Supreme Court reversed and held that the Necessary and Proper Clause grants Congress authority sufficient to enact the challenged law. In a dissenting opinion, Justice Clarence Thomas observed that the Court’s opinion “comes perilously close to transforming the Necessary and Proper Clause into a basis for the federal police power that ‘we always have rejected’…” In this case, the Supreme Court exercised the power of: stare decisis habeas corpus judicial review mandamus ANS: C The law being reviewed by the Supreme Court was a: procedural rule state law local ordinance federal statute ANS: D LO: 2 In his dissenting opinion, Justice Thomas argued for a __________ interpretation of the Necessary and Proper Clause. narrow liberal broad novel ANS: A In this case, the lower federal courts took a __________ view of Congress’ legislative powers. broad restrictive novel liberal ANS: B The constitutional clause at issue in this case is found in _______________ of the Constitution. Article II, Section 1 the Tenth Amendment Article IV Article I, Section 8 ANS: D In Arizona v. United States (2012), the U.S. Supreme Court struck down the provisions of a state law making illegal entry into the country a state offense, banning undocumented immigrants from working in the state, and allowing warrantless arrests of those suspected of deportable offenses. Noting that the U.S. Constitution grants authority over immigration solely to the federal government, the Court held that these provisions were preempted by federal law. However, the Court refused to strike down the most controversial provision of the bill, which required police to verify immigration status if they had reasonable suspicion that someone is an illegal immigrant. The Court remanded this issue to the federal district court for a hearing on the constitutionality of the measure. The Court thus postponed to a later day a decision on the most controversial element of the Arizona law. The Supreme Court ruled that authority over immigration belongs: solely to the federal government solely to the state governments to both to the state and federal governments to neither the state nor the federal governments ANS: A LO: 3 Which basic constitutional principle is involved in this case? checks and balances separation of powers due process of law federalism ANS: D LO: 1 Congress might have the power to enact a similar law using its: police power power to regulate interstate commerce enumerated power over immigration inherent powers ANS: C The Supreme Court held that states cannot: make illegal entry into the country a state offense ban undocumented immigrants from working in the state allow warrantless arrests of those suspected of deportable offenses all of these ANS: D The most controversial provision of the Arizona law: made illegal entry into the country a state offense required police to verify immigration status of suspected illegal immigrants allow warrantless arrests of those suspected of deportable offenses banned undocumented immigrants from working in the state ANS: B Essay: How does federalism affect the administration of criminal justice in the United States? ANS: Responses will vary REF: 25-32 Explain the scope of Congress’s legislative power under the Commerce Clause of the Constitution. ANS: Responses will vary Why is it necessary for courts to interpret statutes? What principles do courts follow in statutory interpretation? ANS: Responses will vary How does modern policing differ from policing as practiced in the early days of the country? ANS: Responses will vary REF: 30-32 Explain the different functions that a defense attorney serves in the criminal justice system. ANS: Responses will vary REF:34-35 What is the role of a grand jury? How does it contrast with the functions that a petit jury performs? ANS: Responses will vary What are the principal differences between trial and appellate courts with respect to role, function and procedure? ANS: Responses will vary Why does the U.S. Supreme Court exercise considerable discretion in deciding which cases to review? ANS: Responses will vary REF: 39-40 What led to the Supreme Court’s decision in In re Gault (1967) and what impact did it have on the rights of juveniles and on the juvenile court system? ANS: Responses will vary REF: 46-47 What courts comprise the federal judiciary and what function does each perform? ANS: Responses will vary