The Color of Justice Race, Ethnicity, and Crime in America , 6th 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: African Americans in Court: The Case of the Scottsboro Boys

LO: 18.05.02

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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: Charging and Plea Bargaining Decisions

LO: 18.05.06

KEYWORDS: Remembering

5.9 In 1984, the Supreme Court articulated constitutional standards for determining whether a

defendant had ineffective assistance of counsel in the case of:

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: Decisions Regarding Counsel and Bail

LO: 18.05.06

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

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

counsel in 1984, but this was later revisited in the 2002 case of:

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

b. Williams v. Taylor d. Bordenkircher v. Haye

ANS: B

REF: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

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: Charging and Plea Bargaining Decisions

LO: 18.05.06

KEYWORDS: Understanding

:

5.13 The odds of pretrial detention for__________ males were twice those for white males,

and the differences between these males and either African-American females or white females

were even larger.

a. White c. African-American

b. Asian d. Indian

ANS: C

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

5.14 The first bail reform movement occurred during the:

a. 1950s c. 1970s

b. 1960s d. 1980s

ANS: B

REF: Decisions Regarding Counsel and Bail

66LO: 18.05.05

KEYWORDS: Remembering

5.15 The second bail reform movement occurred during the:

a. 1950s c. 1970s

b. 1960s d. 1980s

ANS: C

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Remembering

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

a. 2

b. 25

c. 7

d. 35

ANS: C

REF: Decisions Regarding Counsel and Bail

LO: 18.05.03

KEYWORDS: Remembering

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: Charging and Plea Bargaining Decisions

LO: 18.05.06

KEYWORDS: Understanding

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: Decisions Regarding Counsel and Bail

LO: 18.05.06

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

675.20 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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

5.21 As part of the courtroom workgroup, in other words, public defenders are in a better

position than private attorneys to negotiate favorable plea bargains and thus to

_________punishment.

a. eliminate c. increase

b. mitigate d. ensure

ANS: B

REF: Decisions Regarding Counsel and Bail

LO: 18.05.03

KEYWORDS: Understanding

.

5.22 Richard Sander, a law professor at the University of California Los Angeles, noted that

___ percent of the African-American students who entered law school in the fall of 1991 either

did not graduate or did not pass the bar exam.

a. 25.6 c. 18.2

b. 43.0 d. 50.6

ANS: B

REF: Decisions Regarding Counsel and Bail

LO: 18.05.04

KEYWORDS: Understanding

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

a. indirect c. absolute

b. direct d. minimal

ANS: B

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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.”

68a. 5 c. 12.5

b. 6.5 d. 25

ANS: B

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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: Decisions Regarding Counsel and Bail

LO: 18.05.04

KEYWORDS: Remembering

True/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: Decisions Regarding Counsel and Bail

LO: 18.05.04

KEYWORDS: Understanding

5.27 According to a 2010 Bureau of Justice Statistics report, in 2007 there were only 400

public defender offices across the nation.

a. True b. False

ANS: B

REF: Decisions Regarding Counsel and Bail

LO: 18.05.04

KEYWORDS: Remembering

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

69ANS: A

REF: Decisions Regarding Counsel and Bail

LO: 18.05.03

KEYWORDS: Understanding

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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

5.30 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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Remembering

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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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

a. True b. False

ANS: A

REF: Charging and Plea Bargaining Decisions

LO: 18.05.06

KEYWORDS: Understanding

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

a. True b. False

ANS: B

REF: Charging and Plea Bargaining Decisions

LO: 18.05.05

KEYWORDS: Understanding

5.35 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: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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: Decisions Regarding Counsel and Bail

LO: 18.05.03

KEYWORDS: Remembering

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

criminal prosecution.

ANS: Sixth

REF: Decisions Regarding Counsel and Bail

71LO: 18.05.02

KEYWORDS: Remembering

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

counsel.

ANS: effective

REF: Decisions Regarding Counsel and Bail

LO: 18.05.02

KEYWORDS: Remembering

5.39 The evidence is clear that prosecutorial _________is systematically exercised to the

disadvantage of black and Hispanic Americans.

.

ANS: discretion

REF: Charging and Plea Bargaining Decisions

LO: 18.05.04

KEYWORDS: Understanding

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

pretrial detention.

ANS: 1960s

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Remembering

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

detention.

ANS: preventive

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Remembering

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

American and _______ communities.

ANS: Hispanic

REF: Charging and Plea Bargaining Decisions

LO: 18.05.06

KEYWORDS: Remembering

725.43 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 ___________ nooses were found dangling from the tree.

ANS: hangman’s

REF: Charging and Plea Bargaining Decisions

LO: 18.05.06

KEYWORDS: Remembering

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

own __________.

ANS: recognizance

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Remembering

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

on other case processing decisions.

ANS: “spillover”

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

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: African Americans in Court: The Case of The Scottsboro Boys

LO: 18.05.02

KEYWORDS: Analyzing

5.47 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: Decisions Regarding Counsel and Bail

LO: 18.05.03

KEYWORDS: Understanding

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

ANS:

REF: Decisions Regarding Counsel and Bail

LO: 18.05.05

KEYWORDS: Understanding

5.49 Discuss the recent changes and court cases with regard to how race is used in law school

admissions.

ANS:

REF: Decisions Regarding Counsel and Bail

LO: 18.05.04

KEYWORDS: Analyzing

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: Charging and Plea Bargaining Decisions

LO: 18.05.066

KEYWORDS: Applying

74