The Color of Justice Race Ethnicity, And Crime in America 5th International Edition by Samuel Walker – Test Bank

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CHAPTER 5 TEST BANK

The Courts: A Quest for Justice

during the Pretrial Process

Multiple Choice

5.1 The U.S. Supreme Court held that due process of law required appointment of counsel for

young, inexperienced, illiterate, and indigent defendants in capital cases in:

a. Gideon v. Wainwright (1963) c. Powell v. Alabama (1932)

b. Johnson v. Zerbst (1938) d. Mempa v. Rhay (1967)

ANS: C

REF: 196

LO: 2

5.2 The U.S. Supreme Court required the appointment of counsel for all indigent defendants

in federal criminal cases in:

a. Gideon v. Wainwright (1963) c. Powell v. Alabama (1932)

b. Johnson v. Zerbst (1938) d. Mempa v. Rhay (1967)

ANS: B

REF: 200

LO: 2

5.3 The U.S. Supreme Court applied the right to counsel at all critical stages in the criminal

justice process, not just at trial, in:

a. Gideon v. Wainwright (1963) c. Powell v. Alabama (1932)

b. Johnson v. Zerbst (1938) d. Mempa v. Rhay (1967)

ANS: D

REF: 201

LO: 2

5.4 The U.S. Supreme Court extended to the states the requirement to appoint for all indigent

defendants in:

a. Gideon v. Wainwright (1963) c. Powell v. Alabama (1932)

b. Johnson v. Zerbst (1938) d. Mempa v. Rhay (1967)

ANS: A

REF: 201

LO: 2

645.5 The right to counsel in all criminal prosecutions is established in the __________

Amendment to the U.S. Constitution.

a. Fourth c. Sixth

b. Fifth d. Eighth

ANS: C

REF: 200

LO: 2

5.6 The emphasis of bail reform efforts in the 1960s was:

a. fair treatment of poor defendant’s. c. reduction of racial/ethnic bias.

b. reduction of pretrial detention. d. preventive detention.

ANS: B

REF: 207

LO: 5

5.7 The emphasis of bail reform efforts in the 1970s was:

a. fair treatment of poor defendant’s. c. reduction of racial/ethnic bias.

b. reduction of pretrial detention. d. preventive detention.

ANS: D

REF: 212

LO: 5

5.8 The U.S. Supreme Court held that the decision to prosecute may not be deliberately based

upon an unjustifiable standard such as race, religion, or other arbitrary classification in:

a. Argersinger v. Hamlin (1972) c. Norris v. State of Alabama (1935)

b. Strickland v. Washington (1984) d. Bordenkircher v. Haye (1978)

ANS: D

REF: 40

LO: 6

5.9 The U.S. Supreme Court held that the exclusion of all African Americans from jury

service deprived African American defendants of their right to equal protection of the

laws guaranteed by the Fourteenth Amendment in:

a. Argersinger v. Hamlin (1972) c. Norris v. State of Alabama (1935)

b. Strickland v. Washington (1984) d. Bordenkircher v. Haye (1978)

ANS: C

REF: not in this chapter

LO: 6

655.10 The U.S. Supreme Court barred imprisonment of a person for any offense unless they are

represented by counsel in:

a. Argersinger v. Hamlin (1972) c. Norris v. State of Alabama (1935)

b. Strickland v. Washington (1984) d. Bordenkircher v. Haye (1978)

ANS: A

REF: 201

LO: 2

5.11 The U.S. Supreme Court held that defendants are entitled to effective assistance of

counsel in:

a. Argersinger v. Hamlin (1972) c. Norris v. State of Alabama (1935)

b. Strickland v. Washington (1984) d. Bordenkircher v. Haye (1978)

ANS: B

REF: 202

LO: 2

5.12 The U.S. Supreme Court held that federal criminal procedure rules regarding discovery

do not require release of documents needed to make a selective prosecution claim in:

a. U.S. v. Armstrong et al. (1996) c. United States v. Salerno (1987)

b. Bordenkircher v. Haye (1978) d. Strickland v. Washington (1984)

ANS: A

REF: 225

LO: 6

5.13 The U.S. Supreme Court upheld legislation authorizing preventive detention of dangerous

defendants in:

a. U.S. v. Armstrong et al. (1996) c. United States v. Salerno (1987)

b. Bordenkircher v. Haye (1978) d. Strickland v. Washington (1984)

ANS: C

REF: 212

LO: 5

5.14 The first bail reform movement occurred during the:

a. 1950s c. 1970s

b. 1960s d. 1980s

ANS: B

REF: 207

LO: 5

5.15 The second bail reform movement occurred during the:

a. 1950s c. 1970s

b. 1960s d. 1980s

ANS: C

REF: 212

LO: 5

665.16 In 1951 there were only _ public defender organizations in the US.

a. 2

b. 25

c. 7

d. 35

ANS: C

REF: 201

LO: 3

5.17 In most states, __________ felony cases are dismissed by the prosecutor prior to a

determination of guilt or innocence.

a. from one-third to one-half of all c. very few

b. almost no d. about one-tenth of all

ANS: A

REF: 218

LO: 6

5.18 The __________ found that the majority of defendants released on their own

recognizance did appear for trial.

a. Congressional Bail Commission c. American Civil Liberties Union

b. Manhattan Bail Project d. Kerner Commission

ANS: B

REF: 211

LO: 6

5.19 The strongest predictor of the outcome of a bail decision is:

a. the defendant’s economic status. c. the defendant’s race.

b. the seriousness of the offense. d. the prosecutor’s recommendation.

ANS: D

REF: 213

LO: 5

5.20 Repeated studies consistently show that pretrial detention has __________ on other case

processing decisions.

a. no discernable effect c. only slight effect

b. “spillover” effects d. pronounced effects

ANS: B

REF: 215

LO: 5

675.21 A survey of inmates incarcerated in state and federal prisons in 1997 revealed that about

__ percent of the state inmates and __ percent of the federal inmates were represented by

a public defender or assigned counsel.

a. 25,35 c. 80,90

b. 73,60 d. 45,50

ANS: B

REF: 201

LO: 3

5.22 Among those enrolled in law schools in 2003, ___ percent were African American,

Hispanic, Asian, or Native American.

a. 10.6 c. 30.6

b. 20.6 d. 40.6

ANS: B

REF: 208

LO: 4

5.23 In 2007, almost __ percent of all licensed lawyers were white and only __ percent were

racial minorities.

a. 80,20 c. 70,30

b. 90,10 d. 95,5

ANS: B

REF: 208

LO: 4

5.24 When asked about the amount of racial bias that currently exists in the justice system,

more than half of the African American lawyers, but only __ percent of the white

lawyers, answered “very much.”

a. 5 c. 12.5

b. 6.5 d. 25

ANS: B

REF: 209

LO: 4

5.25 _______ is the case regarding a white student suing for admission to the University of

Michigan Law School.

a. Argersinger v. Hamlin c. Norris v. State of Alabama

b. Grutter v. Bollinger d. Bordenkircher v. Haye

ANS: B

REF: 210

LO: 4

68True/False

5.26 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.

a. True b. False

ANS: A

REF: 208

LO: 4

5.27 The Civil Rights Act 0f 1964 provided the legal basis for racially mixed juries.

a. True b. False

ANS: B

REF: not in this chapter

LO: 1

5.28 Racial minorities are at a disadvantage in court both because of their race and because

they are more likely than whites to be poor.

a. True b. False

ANS: A

REF: 200

LO: 1

5.29 There is evidence that judges in some jurisdictions continue to take race into account in

deciding on the type and amount of bail.

a. True b. False

ANS: A

REF: 218

LO: 5

695.30 Concerns about the rights of poor defendants and the consequences of detention prior to

trial led to the bail reform movement of the 1960s.

a. True b. False

ANS: A

REF: 207

LO: 5

5.31 The rising crime rate of the 1970s generated a concern for crime control and led to the

second bail reform movements.

a. True b. False

ANS: A

REF: 212

LO: 5

5.32 The Manhattan Bail Project found that the majority of defendants released on their own

recognizance did not appear for trial.

a. True b. False

ANS: B

REF: 211

LO: 5

5.33 Prosecutors can reject charges as felonies but prosecute them as misdemeanors.

a. True b. False

ANS: A

REF: 219

LO: 6

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

a. True b. False

ANS: B

REF: 219

LO: 6

705.35 Those who are detained prior to trial are more likely to be convicted and receive harsher

sentences than those who are released pending trial.

a. True b. False

ANS: A

REF: 215

LO: 5

Fill-In

5.36 Racial minorities are at a __________ in court both because of their race and because

they are more likely than whites to be poor.

ANS: disadvantage

REF: 200

LO: 1

5.37 The __________ Amendment to the U.S. Constitution provides the right to counsel in a

criminal prosecution.

ANS: Sixth

REF: 200

LO: 2

5.38 The Supreme Court has ruled that defendants are entitled to __________ assistance of

counsel.

ANS: effective

REF: 202

LO: 2

5.39 A 2004 report by the American Bar Association revealed that only ___ percent of all state

court judges were racial minorities.

ANS: 10.1

REF: 208

LO: 4

5.40 The first bail reform movement, which emerged in the __________, emphasized reducing

pretrial detention.

ANS: 1960s

REF: 207

LO: 5

715.41 The second bail reform movement, which emerged in the 1970s, emphasized _________

detention.

ANS: preventive

REF: 207

LO: 5

5.42 There is ample evidence that the War on Drugs is being fought primarily in African

American and _______ communities.

ANS: Hispanic

REF: 224

LO: 6

5.43 In September of 2006 an African American student at Jena (Louisiana) High School

defied tradition and sat under a large oak tree in the center of campus that was “reserved”

for whites. The next day, three ___________ were found dangling from the tree.

ANS: hangman’s nooses

REF: 227

LO: 6

5.44 Racial minorities and men were less likely than whites and women to be released on their

own __________.

ANS: recognizance

REF: 213

LO: 5

5.45 There are concerns that discrimination in bail decision-making has __________ effects

on other case processing decisions.

ANS: “spillover”

REF: 215

LO: 5

Essay

5.46 Discuss the circumstances of the case and the U.S. Supreme Court’s ruling regarding the

right to counsel in Powell v. Alabama (1932).

ANS:

REF: 196

LO: 2

725.47 Discuss the circumstances of the case and the U.S. Supreme Court’s ruling regarding the

right to effective counsel in Williams v. Taylor (2000).

ANS:

REF: 202

LO: 3

5.48 ANS:

REF: 207

LO: 5

Explain the conditions that led to the first bail reform movement in the 1960s.

5.49 ANS:

REF: 208

LO: 4

Discuss the recent changes with regard to how race is used in law school admissions.

5.50 Discuss the scope of the prosecutor’s discretionary powers relating to the filing of formal

charges against individuals suspected of a crime.

ANS:

REF: 218

LO: 6

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