Scoring: 25 True & False @ 2 points = 50 points

15 Multiple Choice @ 2 points = 30 points

4 Essay @ 5 points = 20 points

Total: 100 points


Indicate whether the sentence or statement is true or false.

1. Appellate courts exist to retry cases that have been appealed by the defense.


2. It is the job of the defense attorney to ensure that the defendant’s Constitutional rights

are not violated.


3. Trial motions can be made at virtually any point in the trial process.


4. If proof of guilt in a criminal trial is not established, the defendant is found ‘innocent’.


5. Prosecutors are actively involved in almost every step of the criminal justice process.


6. According to the Supreme Court, defense counsel, even that provided by the court must be

not only available but effective.


7. In most offices, the chief state prosecutor functions more as a corporate manager than a prosecuting attorney.


8. Given their discretion, prosecutors may file charges against a suspect even if they know there is far

too little evidence to obtain a conviction.


9. Mandatory sentencing laws have increased the discretionary powers of prosecutors.


10. The overlying principle of the U.S. Constitution is to lay out what the government must do for its citizens.


11. The right to a speedy trial is found in the Fifth Amendment.


12, States are required to given effective assistance of counsel to indigent defendants.


13. The Reconstruction Amendments (particularly the Fourteenth) are used to protect the citizens from

unconstitutional state actions.


14. Even ‘victimless’ crimes cause some harm.

Answer: True

15. A person can be held liable for a single harm in both criminal and civil court, regardless of the

Constitutional ban on double jeopardy.


16. Ideas and concepts are considered property.


17. Attorneys hired privately, by the defendant have a significantly higher rate of acquittals than

court-assigned attorneys.


18. Defense counsel is assumed to have provided reasonable services unless significant evidence

is provided to the contrary.


19. State courts have a broader jurisdiction than do federal courts.


20. The role of Chief Justice of the U.S. Supreme Court is given to the Court’s most senior (experienced)



21. Each state is (generally) free to form a court system as they see fit.


22. Due process applies to anyone threatened by the state with the loss of life, liberty or property.


23. Factual guilt and legal guilt are not synonymous.


24. The U.S. Constitution and Bill of Rights were intentionally written very specifically so as to

Remove the need for judicial interpretation.


25. Typically, prosecutors have to work hard to prove their case before a grand jury.


Multiple Choice

Identify the letter of the choice that best completes the statement or answers the question.

26. How many U.S. Supreme Court justices must vote to hear a case in order to grant a writ of centiorai?





Answer: Four

27. In which state courts are warrants typically issued?

Courts of limited jurisdiction.

Courts of general jurisdiction.

Appellate Courts

State supreme courts


28. Who has the authority to remove federal judges found to be not acting with ‘good behavior?’

The President

The Congress

Fellow federal judges

The people (citizens)


29. The American court system is based on which of the following systems of justice?






30. Under English common law, when were defendant generally allowed counsel?

a When charged with any offense

b When charged with a felony

c When charges with a capital offense

d Never


31. Which of the following is the earliest known set of written laws?

a. The Code of Hammurabi

b. The Roman Rules of Conduct

c. The Ten Commandments

d. The Laws of the Nordic Peoples


32. Which of the following is a set of instructions for how state agents must act within the criminal justice system?

a. Civil law

b. Criminal law

c. Due process

d. The Bill of Rights.


33. What is the primary reason, cited in the text, that the first attempt by the Continental Congress

to create a unified country failed?:

a. There was no central government.

b. The central government had virtually no power.

c. The central government had too much power.

d. The central government was run by an elected king.


34. What is the level of proof required to search a place or seize an item or person?

a. Absolute certainty

b. Beyond a reasonable doubt

c. Probable cause

d. Preponderance of the evidence

Answer: Probable cause

35. How are federal U.S. Attorneys selected?

Executive appointment

Legislative vote

Judicial appointment

Popular vote


36. In most cases, who decides whether or not to charge a suspect with an offense?



Chief police investigator

Grand jury


37. Typically, a prosecutor will charge a defendant with ____

The most serious level of crime the defendant is believed to have committed.

The crime with the best chance of reaching a conviction

The crime worked out in advance with the defense attorney’s office

The crime recommended to the prosecutor’s office by the police investigator.


38. Basic criminal law, prescribing what people must or cannot do, is commonly referred to as ______

Corporate law.

Basic law.

Substantive law

Layman law.


39. Which of the following is the term for guilty act?

Mens rea

Actus reus

Corpus delicti

Ex post facto

Answer: Actus Reus

40. Parents can potentially be held liable for the actions of their minor children under ______

Strict liability

Vicarious liability

Inchoate liability

Complicity liability

Answer: Vicarious liablity


41. Explain and discuss in detail (in your own words) the two primary roles (adjudication and oversight) played

In the criminal justice system.

42. List, discuss and give examples of the four rules/tests for insanity( M’Naghten rule, irresistible impulse test,

Durham rule, and substantial capacity test).

43. Discuss and provide examples of the concept that prosecutors must only prosecute individuals reasonable

believed to be guilty, while defense attorneys must defend clients they know to be guilty.

44. Explain and discuss the concept of plea bargaining. Include in your discussion the pros and cons for the

prosecution, defense and the court system.