Chapter 5 Test Bank

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1. In which type of criminal justice system are trials seen as contests between rivals on an equal footing
who are primary responsible for defining the issues and investigating/processing the case?
*a. Adversarial
b. Inquisitorial
c. Hybrid
d. None of the above
2. In which type of criminal justice system is the trial process enacted as an inquiry aimed at establishing
the truth of the events that resulted in the commission of a crime?
a. Adversarial
*b. Inquisitorial
c. Hybrid
d. None of the above
3. The _______ process places a higher value on the discovery of truth, whereas the _______ process is
only prepared to discover truth within strict evidential and procedural boundaries.
a. Adversarial, Inquisitorial
b. Hybrid, Adversarial
c. Adversarial, Hybrid
*d. Inquisitorial, Adversarial
4. Which of the following is NOT true in regards to the inquisitorial criminal justice system?
a. The court controls the process through rigid rules and procedures
b. Favors documentary evidence
*c. Trials are not required to establish the truth
d. Verdicts are decided upon by professionally trained career judges
5. Which of the following is NOT a commonality found within almost all justice systems?
*a. Heavy emphasis on oral presentation of evidence
b. A presumption of innocence in some form
c. A right to legal representation
d. A right to question the evidence brought against an accused
6. Which of the following gave defense the right to speak last in criminal trial, consolidating adversarial
contempt?
a. Sessions Papers of the Old Bailey Criminal Court
b. Prisoners’ Counsel Act
*c. Criminal Procedure Act
d. Prisoners’ Evidence Act
7. Which of the following is NOT one of the three phases in the French criminal procedure?
*a. Interrogation by the police judiciaire
b. The preliminary investigation including the garde a vue
c. The judicial investigation phase conducted by the juge d’instruction
d. The trial phase
8. Which of the following elements are included in the French Dossier?
a. Record of warrants
b. Original police report
c. Results of searches and of any modes of surveillance
d. A and B
*e. All of the above
9. In which region of the world did the text discuss UNAID’s involvement in advancing democratization?
a. Africa
*b. Latin America
c. Eastern Europe
d. Southeast Asia
10. Which of the following was NOT listed as an example of resisting democratic reform?
a. Reluctance to increase protection in the rights of the accused in El Salvador
b. Continued incoherence in assessing evidence in Guatemala
*c. Widespread rioting in the streets of Argentina
d. Culture of conservatism and ritual in legal community in Chile
11. Which of the following is true in regards to the Prokuratura in the Soviet Union?
a. It was established by Peter the Great for the investigation and prosecution of criminal matters
b. It cooperated with the KGB and operated as a state-sponsored agency of coercion/oppression
c. It no longer functions under Russian Criminal Code
*d. A and B
e. All of the above
12. Which of the following is NOT one of the four issues that Soviet juries would render a verdict on?
a. Whether the crime was committed
b. Whether the defendant committed the acts charged
c. Whether the defendant is guilty of the crime
*d. The intent with which the defendant committed the crime
13. Which Chinese philosophy stated that the law can convict, but cannot teach the virtues of
benevolence?
*a. Confucianism
b. Legalism
c. Legal Reform
d. Legal Scholarship
14. Which Chinese philosophy stated that punishment is more likely to deter people from committing
crimes?
a. Confucianism
*b. Legalism
c. Legal Reform
d. Legal Scholarship
15. Which of the following detailed regulations on how persons behave and possible punishments?
a. Legalism
*b. Law Codes
c. Legal Reform
d. Legal Scholarship
16. What term best explains the movement launched by Mao to purge “counter-revolutionaries” in the
Communist Party?
a. Confucianism
b. Legal Reform
*c. Cultural Revolution
d. Legal Scholarship
17. What term best explains the 2,000 laws, regulations, and decrees passed concerning economic
reform in Chinese criminal procedure?
a. Law Codes
b. Legal Scholarship
c. Cultural Revolution
*d. Legal Reform
18. What term best explains the converging status enjoyed by judges, prosecutors, and lawyers in
Chinese criminal procedure?
a. Legal Reform
*b. Legal Scholarship
c. Law Codes
d. Legalism
19. Which of the following is not one of the main organs of the National People’s Congress in the
contemporary Chinese legal system?
a. State Council
*b. State Defense Council
c. Supreme People’s Procuratorate
d. Supreme People’s Court
20. Of the following examples, which best describe the Chinese Communist Party’s influence over courts
and judges?
a. Courts are required to enter verdicts as directed by the CCP
b. A written note may be sent to the court instructing it to judge a case in a certain way
c. Judges may be hounded if they defy favors asked of them
d. A and B
*e. All of the above
21. Chinese criminal cases can be classified as:
*a. Criminal, civil, economic, or administrative
b. Criminal, local, national, or international
c. Criminal, civil, political, or systematic
d. Criminal, economic, political, or judiciary
22. The four stages of trial included in Chinese criminal procedure are:
a. Pre-trial, first appeal, second appeal, execution of criminal punishment
*b. Pre-trial, first instance, second instance, execution of criminal punishment
c. Pre-trial, trial, execution of criminal punishment, appeal
d. Pre-trial, interrogation, trial, execution of criminal punishment
23. Which of the following is NOT true in regards to prosecution in the U.S.?
a. Federal prosecutors are politically appointed in 93 judicial districts
b. Federal prosecutors are directly accountable to those who elect them
*c. Prosecution is the most reviewed exercise of the power of criminal law in the American system of
justice
d. A and C
e. None of the above
24. Which of the following are resources for prosecutorial guidelines in the U.S.?
a. United States Attorneys’ Manual
b. Criminal Resource Manual
c. Sessions Papers of the Old Bailey Criminal Court
*d. A and B
e. All of the above
25. Of the following, which are taken into account when prosecutors are deciding what cases to
prosecute and how to handle them?
a. Media reactions
b. Public opinion
c. Political considerations
*d. All of the above
26. Roughly what percentage of criminal cases are resolved using plea bargaining in the U.S.?
a. 25%
b. 45%
c. 75%
*d. 95%
27. In 2003, roughly what percentage of German case dispositions involved dismissals?
a. 5%
b. 10%
*c. 50%
d. 80%
28. Which of the following is true in Japanese prosecution?
a. Over 90% of defendants confess
b. Serious crime is rare
c. Prosecutors have light caseloads
d. B and C
*e. All of the above
29. Which of the following is NOT an important objective for Japanese prosecutors?
a. Discovering the truth about a case
b. Invoking remorse in defendants
*c. Imposing severe punishments as a deterrent from reoccurring crime
d. Rehabilitating and reintegrating defendants into the community
30. Which of the following is NOT an important factor in Japanese prosecutors deciding whether a
suspect will be charged?
a. Damage done by the offense
b. Likelihood of reoffending
c. Whether the suspect repents
*d. The relationship between the suspect and victim
31. Which of the following is true in regards to democratization?
a. It can enable businesses to grow in a free market environment
b. It requires an efficient justice system
c. It demonstrates a commitment to adhering to rule of law
d. A and B
*e. All of the above
32. What were popular opinions regarding hesitations developing countries had towards
democratization?
a. A jury chosen from random citizens would not be competent
b. Introducing human rights would lessen punishments for convicted criminals
c. Unwillingness to accept that the outcome of a trial depends on quality of advocacy
*d. A and C
e. A and B
33. In which country is “confession psychology” a predominant attitude in criminal prosecution?
a. Russia
*b. Japan
c. China
d. France
34. Which of the following is not true regarding police and prosecutor relations?
*a. Prosecutors are the primary authority over the police’s actions in investigations
b. Prosecutors consult with police in investigations
c. Tensions can arise when police feel prosecutors are not tough enough, or prosecutors have concerns
about lawfulness of police action in obtaining evidence
d. Crown Protection Services in England and Wales demand compromise between police and
prosecutors
35. According to the text, in what country do prosecutors rule the criminal justice system?
a. Russia
b. Japan
*c. The United States
d. France
36. U.S. media represents lawyers as “champions of justice and liberty”.
*a. True
b. False
37. By the first half of the 1990s, replacing inquisitorial procedure codes was part of most, if not all,
USAID country mission portfolios in Latin America.
*a. True
b. False
38. The jury system in Russia was abolished by the communist revolution in 1917 and never reestablished.
a. True
*b. False
39. The New Russian Criminal Code Procedure caused the rate of acquittals to decrease.
a. True
*b. False
40. There is no separation of powers in Chinese law.
*a. True
b. False
41. The State Attorney General can control the actions of district attorneys.
a. True
*b. False
42. In Japan, a display of remorse shows the accused person’s respect towards their community.
*a. True
b. False
43. Japan has a conviction rate of 97%.
*a. True
b. False
44. Approximately 60% of the work done by Japanese prosecutors is related to investigating.
*a. True
b. False
45. The U.S. has a preference for the inquisitorial system.
a. True
*b. False
Type: E
46. Compare and contrast the adversarial and inquisitorial models of criminal justice. What are the
downfalls of each model?
*a. Answers may vary
Type: E
47. Explain the effects of democratization efforts in Latin America, and give an example of resistance
from a specific country.
*a. Answers may vary
Type: E
48. Compare and contrast the fundamental objectives of the American and Japanese criminal justice
systems. Which do you feel is most effective in deterring crime?
*a. Answers may vary
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