America's Courts and the Criminal Justice System, International Edition 11th Edition by David W. Neubauer - Test Bank

America’s Courts and the Criminal Justice System, International Edition 11th Edition by David W. Neubauer – Test Bank

 

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Chapter 5

THE DYNAMICS OF COURTHOUSE JUSTICE

 

TEST BANK

 

 

MULTIPLE CHOICE

 

1. The _____________ is responsible for transporting detained defendants from the jail to the courthouse.

a.	bailiff	c.	sheriff’s deputy
b.	bail bondsman	d.	clerk of court

 

ANS:   C         REF:    127      OBJ:    1

 

2. Which of the following is not a duty of the clerk of court?

a.	overseeing jury selection
b.	creating a shorthand record of court proceedings
c.	docketing cases
d.	collecting fees

 

ANS:   B         REF:    127      OBJ:    1 and 4

 

3. Which of the following is not a duty of a court administrator?

a.	prepare written opinions for trial cases	c.	prepare budgets
b.	summarize caseload data	d.	prepare annual reports

 

ANS:   A         REF:    127      OBJ:    1 and 4

 

4. The duties of a court administrator include which of the following?

a.	prepare budgets
b.	maintain order in the courtroom
c.	transport pretrial detainees from jail to the courtroom
d.	make verbatim transcripts of court proceedings

 

ANS:   A         REF:    127      OBJ:    1 and 4

 

5. Which of the following is not a member of the courtroom work group?

a.	prosecutor	c.	Judge
b.	defendant	d.	defense attorney

 

ANS:   B         REF:    133      OBJ:    4

 

6. According to the chapter, which of the following best explains why few cases receive individual treatment?

a.	discretion
b.	speedy-trial laws
c.	assembly-line justice
d.	the dynamics of the courtroom work group

 

ANS:   C         REF:    130-132           OBJ:    2

7. An example of assembly-line justice in a big-city public defender’s office may include which of the following?

a.	One assistant public defender will conduct the defendant’s initial interview but may not necessarily represent him or her at trial.
b.	One assistant public defender will represent the defendant at the initial appearance but may not necessarily represent him or her at trial.
c.	One assistant public defender will conduct the defendant’s initial interview but may not necessarily negotiate the defendant’s plea deal.
d.	All of these are examples of assembly-line justice.

 

ANS:   D         REF:    130-132           OBJ:    2

 

8. Feeley (1979) compared two courts in Connecticut—one with a heavy caseload and another with a light caseload. He found that

a.	defense attorneys were more likely to pitch battles with prosecutors in the court with the heavy caseload.
b.	each court spent the same amount of time per case.
c.	judges set significantly higher bails in the court with the heavy caseload.
d.	None of these answers is correct.

 

ANS:   B         REF:    132      OBJ:    2

 

9. Which of the following is not a major subcomponent of discretion?

a.	legal judgments	c.	judicial restraints
b.	policy priorities	d.	personal philosophies

 

ANS:   C         REF:    132-133           OBJ:    3

 

10. A discretionary decision based on decision makers’ values and attitudes reflects

a.	legal judgments.	c.	personal philosophies.
b.	policy priorities.	d.	judicial restraints.

 

ANS:   C         REF:    133      OBJ:    3

 

11. Although a prosecutor may believe that a given defendant violated the law, s/he may decide against moving forward with prosecution based on a belief that no jury would come back with a guilty verdict. This represents a discretionary decision based on

a.	legal judgment.	c.	personal philosophy.
b.	policy priority.	d.	judicial restraint.

 

ANS:   A         REF:    132-133           OBJ:    3

 

12. Prosecutors exercise discretion every day. Which of the following is not an example of prosecutorial discretion?

a.	A prosecutor decides not to prosecute because of a lack of evidence to prove the offense charged.
b.	The policy priority of the office is to devote more resources to personal crimes such as murder and assault than to disorderly conduct.
c.	The prosecutor decides to drop a case because s/he believes that a jury is unlikely to come back with a guilty verdict.
d.	The prosecutor sets the trial date to accommodate an out-of-state witness.

ANS:   D         REF:    132-133           OBJ:    3

13. A judge who accepts a guilty plea agreement reached by the defense attorney and the prosecutor provides an example of

a.	discretion.	c.	routine administration of justice.
b.	mutual interdependence.	d.	assembly-line justice.

 

ANS:   B         REF:    133-134           OBJ:    4

 

14. Maverick defense attorneys

a.	most often get the best plea bargains for their clients.
b.	work cooperatively with prosecutors to resolve cases quickly.
c.	generally have few sanctions imposed on them.
d.	are seldom able to negotiate the most lenient sentences.

 

ANS:   D         REF:    136      OBJ:    4

 

15. Thirty-six states have created task forces to investigate gender bias in the legal system. These task forces have found that

a.	female lawyers, more so than their male counterparts, were addressed by their first names.
b.	judges addressed female lawyers in a demeaning manner; terms like “sweetie,” “little lady lawyer,” “pretty eyes,” and “dear” were used.
c.	Female lawyers perceive that it is harder to get hired.
d.	All of these answers are correct.

 

ANS:   D         REF:    135-136           OBJ:    5

 

16. The American Bar Association recommends that all felony cases reach disposition within

a.	six months of arrest.	c.	one year of arrest.
b.	six months of filing.	d.	one year of filing.

 

ANS:   D         REF:    137      OBJ:    6

 

17. In the thirteenth century the nobles forced King John to sign the ____________________ and promise not to “deny or delay right or justice.”

a.	Declaration of the Rights of Man	c.	English Constitution
b.	Magna Carta	d.	Code of Wales

 

ANS:   B         REF:    138      OBJ:    6

 

18. The ____________________ Amendment provides for the right to a speedy and public trial.

a.	Fourth	c.	Sixth
b.	Fifth	d.	Seventh

 

ANS:   C         REF:    138-139           OBJ:    6

 

19. “Justice delayed is justice denied” means what?

a.	State and federal speedy-trial laws must always be enforced.
b.	Delay in reaching case disposition undermines the values and guarantees associated with the legal system.
c.	Delay is an inevitable consequence of any already burdened criminal justice system.
d.	Prosecutor discretion causes deterioration of cases and pressures prosecutors to offer lenient plea bargains.

 

ANS:   B         REF:    137-138           OBJ:    6

 

20. What concept stresses the importance of the patterned interactions of judges, prosecutors, and defense attorneys?

a.	The courthouse dynamics concept.
b.	The courtroom workgroup concept.
c.	The plea bargaining concept.
d.	The assembly-line justice concept.

 

ANS:   D         REF:    130-132           OBJ:    6

 

21. The law on the books approach to delay focuses on

a.	courthouse dynamics.	c.	plea bargaining.
b.	the courtroom work group.	d.	resources and procedures.

 

ANS:   D         REF:    139      OBJ:    8

 

22. The National Center for State Courts studied 21 courts across the nation and found that

a.	the relative size of court caseloads bore little relationship to case-processing time.
b.	the level of court resources was not associated with court delay.
c.	courts that emphasized plea bargaining processed cases as slowly as courts that emphasized trying cases.
d.	All of these answers are correct.

 

ANS:   D         REF:    139      OBJ:    6

 

23. In Barker v. Wingo, the Court held that the right to a speedy trial

a.	was violated by a five year delay.
b.	is a relative, not an absolute, right.
c.	was an absolute constitutional mandate.
d.	is a right of the prosecution but not the defense.

 

ANS:   B         REF:    141      OBJ:    6 and 7

 

24. The Speedy Trial Act of 1974 (amended in 1979) allows how many days from arrest to indictment in federal courts?

a.	30	c.	60
b.	45	d.	75

 

ANS:   A         REF:    140      OBJ:    7

 

25. The Speedy Trial Act of 1974 (amended in 1979) allows how many days from indictment to trial?

a.	20	c.	50
b.	30	d.	70

 

ANS:   D         REF:    140      OBJ:    7

 

26. Most state speedy trial laws are designed to protect

a.	defendants.	c.	the prosecutor.
b.	the state.	d.	judicial integrity.

 

ANS:   A         REF:    140      OBJ:    7

 

27. Various researchers have found that the passage of speedy trial laws in many states has led to

a.	a much more rapid handling of cases.
b.	a decrease in the speed of case flow.
c.	little change in disposition time.
d.	the hiring of considerably more judges and attorneys.

 

ANS:   C         REF:    140      OBJ:    7

 

28. Which of the following is a law in action approach to court delay?

a.	implementing speedy trial laws
b.	adding court resources
c.	streamlining court procedures
d.	trying to achieve better coordination among members of the courtroom work group

 

ANS:   D         REF:    140-142           OBJ:    8

 

29. Researchers agree that law in action approaches to court delay are

a.	less effective than law on the books approaches.
b.	more effective than law on the books approaches.
c.	equally effective as law on the books approaches.
d.	not comparable to law on the books approaches.

 

ANS:   B         REF:    140-142           OBJ:    8

 

30. Which of the following statements is true regarding legal ethics?

a.	Lawyers are not allowed to mislead the court.
b.	Lawyers cannot knowingly allow witnesses for their side to perjure themselves.
c.	Before an individual may be admitted to the bar, s/he must pass a separate test on legal ethics.
d.	All of these statements are true.

 

ANS:   D         REF:    142-143           OBJ:    5

31. Clerks of court and court administrators work

a.	Outside courthouses.
b.	Inside the courtroom.
c.	Behind the scenes.
d.	None of these answers are correct.

 

ANS:   C         REF:    126      OBJ:    1 and 4

 

32. The concept of assembly-line justice stresses

a.	the high volume of cases in courthouses.
b.	the emphasis on moving the docket.
c.	the low volume of cases in courthouses.
d.	the high volume of cases in courthouses and the emphasis on moving the docket.

 

ANS:   D         REF:    130-132           OBJ:    2

 

33. What are important because they provide necessary boundaries on conflict represented by the adversary system?

a.	courtroom workgroups	c.	bail  bondsmen
b.	defense attorneys	d.	legal ethics

 

ANS:   D         REF:                OBJ:    5

 

34. Which of the following are negative consequences of delay in the courts?

a.	Delay works to the disadvantage of the prosecutor.	c.	Delay jeopardizes the rights of defendants.
b.	Delay works to the advantage of the judge.	d.	All of these are negative consequences of delay in the courts.

 

ANS:   C         REF:    138-139           OBJ:    6

 

35. Speedy-trial laws reflect

a.	A law on the books approach to problem solving.
b.	A law in action approach to problem solving.
c.	A legal ethics approach to problem solving.
d.	A bail bonds approach to problem solving.

 

ANS:   A         REF:    140      OBJ:    7

 

36. Law in action approaches to solving the problem of delay can prove effective because

a.	They focus on coordinating the activities of the key actors in the courthouse.
b.	They ignore activities of the key actors in the courthouse.
c.	They override the activities of juries in the courthouse.
d.	They assist the activities of the key actors in the courthouse..

 

ANS:   A         REF:    140-142           OBJ:    8

 

37. What is the term used to explain why few cases receive individual treatment?

a.	courthouse dynamics.	c.	plea bargaining.
b.	the courtroom work group.	d.	assembly-line justice.

 

ANS:   D         REF:    130-131           OBJ:    2

 

 

CRITICAL THINKING SCENARIOS

 

CASE 5.1

 

Sixteen times Willie Barker’s murder case was set for trial, and sixteen times it was continued. At first the defense readily agreed, gambling that Barker’s codefendant would be found not guilty. Thus, some of the continuances were caused by the six separate trials before the codefendant was finally convicted. Other continuances were granted because of the illness of the police investigator. It was not until five years after arrest that Barker was convicted of murder.

 

38. What right did Barker’s lawyer argue was violated?

a.	the Sixth Amendment right to a speedy trial.
b.	the Seventh Amendment right to a speedy trial.
c.	the Eighth Amendment right to a speedy trial.
d.	the Fourth Amendment right to a speedy trial.

 

ANS:   A         REF:    141      OBJ:    2

 

39. The right to a speedy trial

a.	was violated by a five year delay.
b.	is a relative, not an absolute, right.
c.	was an absolute constitutional mandate.
d.	is a right of the prosecution but not the defense.

 

ANS:   B         REF:    141      OBJ:    6

 

40. The problems in prosecuting and convicting Barker indicate that what is often needed in interpreting the law?

a.	discretion	c.	rule
b.	rigidity	d.	humility

 

ANS:   A         REF:    141      OBJ:    3

 

CASE 5.2

 

Court jurisdiction structure are intangible concepts but courthouses are concrete. From the outside, courthouses appear to be imposing government buildings, but on the inside they are beehives of activity. Courthouses are places where you find lawyers arguing before juries, talking to their clients, and conversing with one another. But courthouses also employ numerous nonlawyers who perform vital roles; without clerks and probation officers, bail agents and bailiffs, courthouses could not function.

 

41. In the modern era, what drives courthouse design, renovation, and function?

a.	court aesthetic concerns	c.	court convenience concerns
b.	court security concerns	d.	judges desires

 

ANS:   B         REF:    124      OBJ:    1

 

42. Who controls the scheduling of cases and keeps the judge apprised of the relevant details of the case?

a.	The district attorney.	c.	The prosecutor.
b.	The bailiff.	d.	The clerk of court.

 

ANS:   D         REF:    124      OBJ:    1

 

43. All of the following are law enforcement personnel that may be in a courtroom except

a.	Court Security Staff.
b.	Sheriff’s Deputy.
c.	Bailiff.
d.	Probation Officer.

 

ANS:   D         REF:    124-126           OBJ:    1

 

CASE 5.3

 

Lawyers often suffer from a negative public image, which is one reason the legal profession places considerable emphasis on legal ethics. Ethics refers to the study and analysis of what constitutes good or bad conduct (Pollock 2012). Legal ethics represents a specific type of ethics.

 

44. Legal ethics are an example of what type of ethics?

a.	Theoretical ethics.
b.	Applied ethics.
c.	Professional ethics.
d.	Applied and professional ethics.

 

ANS:   D         REF:    142-143           OBJ:    5

 

45. Legal ethics is of critical importance because

a.	the American legal system is based on the adversarial system.
b.	the American legal system is based on the confrontationl system.
c.	the American legal system is based on the legalistic system.
d.	the American legal system is based on the acrimonmious system.

 

ANS:   A         REF:    142-143           OBJ:    5

 

TRUE/FALSE

 

1. In some courthouses civil and criminal cases are heard in the same courtroom during the same court session.

 

ANS:   T          REF:    123      OBJ:    1

 

2. The clerk of court is responsible for maintaining order in the courtroom.

 

ANS:   F          REF:    127     OBJ:    1 and 4

 

3. The bailiff is responsible for transporting detained defendants from jail to the courthouse.

 

ANS:   F          REF:    127      OBJ:    1 and 4

 

4. The clerk of court is responsible for overseeing jury selection.

 

ANS:   T          REF:    127     OBJ:    1 and 4

 

5. Today, most courts (even at the trial court level) routinely employ professional court administrators.

 

ANS:   T          REF:    128      OBJ:    1

 

6. Television and movies accurately portray the realities of courtroom justice.

 

ANS:   F          REF:    129      OBJ:    1

 

7. Interactions between members of the courtroom work group strictly follow the adversarial model.

 

ANS:   F          REF:    130      OBJ:    4

 

8. Law in action approaches to solving the problem of delay are ineffective because they focus on coordinating the activities of the key actors in the courthouse.

 

ANS:   F          REF:    140-142           OBJ:    8

 

9. Some defendants are processed in groups. For example, during the initial appearance, felony defendants may be advised of their rights in one large group rather than individually.

 

ANS:   T          REF:    124-126           OBJ:    2

 

10. Plea bargaining predates any of the “modern” problems of the courthouse.

 

ANS:   T          REF:    132      OBJ:    2

 

11. In a study that compared a court with a heavy caseload to another court with a light caseload, the researcher found that the court with the lighter caseload had more trials and imposed heavier sentences.

 

ANS:   F          REF:    132      OBJ:    2

 

12. Most cases end in a plea of guilty.

 

ANS:   T          REF:    132      OBJ:    2

 

13. The same differences of opinion about crime that characterize society as a whole likewise divide courthouse actors.

 

ANS:   T          REF:    133      OBJ:    3

 

14. Discretion is exercised at every key decision point within the criminal justice system.

 

ANS:   T          REF:    132      OBJ:    3

 

15. Courthouse regulars work together cooperatively on a daily basis in ways not envisioned by the formal adversary model.

 

ANS:   T          REF:    133      OBJ:    4

 

16. Assistant prosecutors are often judged not on how many cases they win, but on how few they lose.

 

ANS:   T          REF:    134      OBJ:    4

 

17. The shared decision making of the courtroom work group helps to diffuse responsibility.

 

ANS:   T          REF:    134      OBJ:    4

 

18. The National Center for State Courts studied 21 courts across the nation and found that the relative size of court caseloads bore little relationship to case-processing time.

 

ANS:   T          REF:    139      OBJ:    6

 

19. The federal Speedy Trial Act of 1974 (amended in 1979) sets out specific times within which the prosecutor must indict and try the case.

 

ANS:   T          REF:    140      OBJ:    7

 

20. Speedy-trial statutes exist in all 50 states.

 

ANS:   T          REF:    140      OBJ:    7

 

21. The federal speedy-trial law is designed to protect the interests of society; that is, a speedy trial is viewed as an important objective irrespective of whether the defendant’s interests are in jeopardy.

 

ANS:   T          REF:    140      OBJ:    7

 

22. Speedy-trial laws reflect a law in action approach to problem solving.

 

ANS:   F          REF:    139-140           OBJ:    7

 

23. The courtroom workgroup refers to witnesses and defendants in the courtroom.

 

ANS:   F          REF:    133      OBJ:    4

 

24. The concept of assembly-line justice stresses the high volume of cases in courthouses and the emphasis on moving the docket.

 

ANS:   T          REF:    130-132           OBJ:    2

 

25. Judges, lawyers, clerks, court stenographers, law clerks, and bailiffs work inside the courtroom.

 

ANS:   T          REF:    124-125           OBJ:    1 and 4

 

COMPLETION

 

1. The ________________________ of court controls the scheduling of cases and keeps the judge apprised of the relevant details of a given case.

 

ANS:   clerk

 

REF:    124      OBJ:    1 and 4

 

2. To one side of the bench sits the court ________________________, whose machine mysteriously makes a shorthand record of the proceedings.

 

ANS:   stenographer

 

REF:    124      OBJ:    1

 

3. The ________________________ is responsible for maintaining order in the courtroom.

 

ANS:   bailiff

 

REF:    124      OBJ:    1 and 4

 

4. _________________________ justice explains why few cases receive individual treatment.

 

ANS:   Assembly-line

 

REF:    130      OBJ:    2

 

5. The courtroom _______________________ concept stresses the importance of patterned interactions of judges, prosecutors, and defense attorneys.

 

ANS:   work group

 

REF:    130      OBJ:    4

 

6. _______________________ is best defined as the lawful ability of an agent of government to exercise choice in making a decision.

 

ANS:   Discretion

 

REF:    132      OBJ:    3

 

7. Because criminal laws are so broad and general they must be ____________________ enforced.

 

ANS:   selectively

 

REF:    133      OBJ:    3

 

8. James Eisenstein and Herbert Jacob (1977) have proposed that the best way to analyze the network of ongoing relationships among the courthouse actors is through the concept of the courtroom ____________________.

 

ANS:   work group

 

REF:    133      OBJ:    4

 

9. The criminal courthouse is not a single organization, but rather a collection of separate ____________________ that gather in a common workplace.

 

ANS:   institutions

 

REF:    133      OBJ:    4

 

10. Assistant prosecutors are often judged not on how many cases they win, but on how few they ____________________.

 

ANS:   lose

 

REF:    134      OBJ:    4

 

11. Newcomers to a job learn the formal and informal rules of behavior through ____________________.

 

ANS:   socialization

 

REF:    134      OBJ:    4

12. The hallmark of work groups is ____________________ of behavior. This is the product of shared norms about how each member should behave and what decisions are desirable.

 

ANS:   regularity

 

REF:    134      OBJ:    4

 

13. State task forces consistently find evidence of ____________________ bias in four areas of the legal system: domestic violence, sexual assault, divorce, and behavior toward female workers.

 

ANS:   gender

 

REF:    135      OBJ:    5

 

14. In a general sense, the term ____________________ suggests abnormal or unacceptable time lapses in the processing of cases.

 

ANS:   delay

 

REF:    137      OBJ:    6

 

15. Concern that “justice delayed is justice ____________________,” is as old as the common law itself.

 

ANS:   denied

 

REF:    137-140           OBJ:    6

 

16. The ____________________ Amendment provides for the right to a speedy and public trial.

 

ANS:   Sixth

 

REF:    138-139           OBJ:    6

 

17. In Barker v. Wingo, the Court held that the right to a ____________________ trial is relative, not absolute.

 

ANS:   speedy

 

REF:    141      OBJ:    6

 

18. According to the  Trial Act of 1974 (amended in 1979), certain time periods, such as those associated with hearings or pretrial motions and the mental competency of the defendant, are considered  excludable time.

 

ANS:   Speedy

 

REF:    140      OBJ:    7

19. Law in  approaches to solving the problem of delay can prove effective because they focus on coordinating the activities of the key actors in the courthouse.

 

ANS:   action

 

REF:    140-142           OBJ:    8

 

20. ____________________ refers to the study and analysis of what constitutes good or bad conduct.

 

ANS:   Ethics

 

REF:    142-143           OBJ:    5

 

 

ESSAY

 

1. List and describe the duties of the three types of court managers.  What are the potential sources of conflict between these managers?  Be sure to provide some examples.

 

ANS:

The three types of court managers include the clerk of court, the judge, and the court administrator.  The clerk of court is responsible for docketing cases, collecting fees, overseeing jury selection, and maintaining court records.  The clerk of court is an elected official in most states and, consequently, will operate semi-autonomously from the judge.  Thus, clerks of court have competed with judges for control over judicial administration.  Judges are responsible for court administration, but they are generally not good managers due to a lack of training.  In addition, judges are in charge of courtrooms and official court proceedings.  Court administrators are professional managers who prepare annual reports, summarize caseload data, prepare budgets, troubleshoot, and help the court to run as efficiently as possible. Relationships between judges and court administrators may be tense because the distinction between administration and adjudication is often not clear.  For example, a judge may view a court administrator’s recommendation to streamline court procedures as an intrusion on his/her efforts to process a case.

 

REF:    126-128                                   OBJ:    1 and 4

 

2. Explain why discretionary decision making occurs in the criminal courts and then provide some specific examples of prosecutorial discretion.

 

ANS:

Discretion is exercised at every key decision point within the criminal justice system.  After an arrest is made, a prosecutor may decide not to file charges.  If charges are filed, a judge has discretion in terms of the amount of bail that may be set.  If a case goes to trial, the jury will have discretion over whether to find a defendant guilty. These are just a few examples of discretionary decision making that may occur within the criminal courts.  Choices are made on the basis of legal judgments, policy priorities, and the values and attitudes of the actors involved.

For example, although a prosecutor may believe that a given defendant violated the law, s/he may decide against moving forward with prosecution based on a supposition that no jury would come back with a guilty verdict.  Other discretionary decisions may reflect policy choices; all crimes cannot be prosecuted because resources are limited.  More serious crimes will likely be prosecuted because they are considered a priority, while less serious offenses, such as disorderly conduct, may not.

 

REF:    132-133                                   OBJ:    3

 

3. In general, “justice delayed is justice denied.” Explain the meaning of this phrase and how it affects defendants.  What steps have legislatures taken to deal with the problem of court delay?  Have these steps been effective?

 

ANS:

Court delay is considered a problem because it jeopardizes a defendant’s Sixth Amendment right to a speedy trial.  This right was designed to protect defendants from languishing in jail for lengthy periods of time before their guilt or innocence may be determined.  But, to date, no consensus has been reached about how long is too long, although the American Bar Association recommends that all felony cases reach disposition within one year of case filing.  Given the ambiguity of what is meant by the term “speedy trial”, speedy-trial laws have been enacted in all 50 states.  At the federal level, the Speedy Trial Act of 1974 (amended in 1979) was enacted by Congress to specify time standards for two primary stages in the federal court process.  A span of 30 days is allowed from arrest to indictment, and 70 days from indictment to trial.  However, certain time periods, such as those associated with hearings on pretrial motions and the mental competency of the defendant, are excluded from time calculations.  While the federal speedy-trial law was enacted to protect the interests of society, speedy-trial laws at the state level are generally designed to protect defendants.  Findings regarding the effectiveness of these laws have not been consistent.  Various researchers have found that speedy-trial laws have had a limited effect on speeding up case processing time in state courts.  At the federal level, however, the results have been more promising.  Researchers noted that it took several months for a criminal case in filed in federal court to reach disposition in 1970.  By the early 1980s the average federal case was disposed in less than three months.

 

REF:    137-139                                   OBJ:    6 and 7

 

4. What is assembly-line justice? Discuss the strengths and weaknesses of the assembly-line justice explanation.

 

ANS:

The most commonly advanced reason that criminal courts do not administer justice according to the textbook image is assembly-line justice. Not only judges but also prosecutors, defense attorneys, and probation officers are in short supply. The deluge of cases is reflected in every aspect of the courts’ work, from overcrowded corridors and courtrooms to the long calendars that judges, prosecutors, and defense attorneys face each day. The court system remains grossly underfunded and understaffed today (Broccolina and Zorza 2008). The strengths of the explanation. The assembly-line justice explanation highlights some important features of the contemporary courthouse.

Because of the large volume of cases, overworked officials are often more interested in moving the steady stream of cases than in individually weighing each case on the scales of justice. Particularly in large cities, tremendous pressures exist to move cases and keep the docket current lest the backlog becomes worse and delays increase. Law on the books suggests a justice process with unlimited resources, whereas law in action stresses an administrative process geared toward disposing of a large volume of cases.

 

To cope with large caseloads, prosecutors, defense attorneys, and judges often apply several mass-production techniques such as specialization. Another mass-production technique is group processing. During the initial appearance, felony defendants are often advised of their rights in one large group rather than individually. In the lower courts, sentences are often fixed on the basis of the defendant’s membership in a given class rather than detailed consideration of the individual case. Weaknesses of the explanation. This orthodox explanation stresses that excessive caseloads are a modern problem. However, American courts have been faced with caseload pressures for more than a century. Plea bargaining predates any of the “modern” problems of the courthouse. The historical evidence must be ignored if one tries to explain how justice is administered in the courthouse simply in terms of too many cases resulting from the growth of big cities. Emphasizing excessive caseloads also fails to consider the types of cases trial courts must decide. Most trial court cases present no disputed questions of law or fact. Rather, most case dispositions reflect routine administrationm requiring only processing or approving. Most cases end with a plea of guilty not because the courthouse has too many cases but because the courts are confronted routine cases where the only major decision necessary is the sentence to be imposed. Cases studies clearly suggest that the criminal court process cannot be understood solely on the basis of excessive caseloads, because such an explanation omits too many important considerations—most especially organizational relationships and local legal culture (Heumann 1975; Lynch 1994; Nardulli 1979; Roach-Anleu 2000).

 

REF:    130-132                                   OBJ:    2

 

5. Who are the courtroom workgroup members? Why is it important that the members of the courtroom workgroup cooperate with each other?

 

ANS:

Judges, prosecutors, and defense attorneys are representatives from separate, independent sponsoring institutions. They are drawn together by a common task. As a result, courthouse regulars work together cooperatively on a daily basis in ways not envisioned by the formal adversary model (Jacob 1991; Lichtenstein 1984; Lynch and Evans 2002). Indeed, in problem-solving courts  such cooperation forms the philosophical backbone for the courts’ existence (Worrall & Nugent-Borakove 2008). To understand the extent as well as the limits of this cooperation, we need to examine why courtroom work groups form in the first place and their impact on the administration of justice. Each of the courthouse regulars is a representative of a sponsoring institution, which hires and fires them, monitors their activities, and rewards their performance. None of these actors can perform his or her tasks independently; they must work together. These interactions are critical because none of the courthouse regulars can make decisions independently; each must consider the reactions of others.

Each member of the work group can achieve individual goals and accomplish separate tasks only through work-group participation. The actors share common interests in disposing of cases. Hence, cooperation—mutual interdependence—within the work group is viewed as leading to mutual benefits. Courtroom work groups reflect shared decision making. Judges retain the legal authority to make the major decisions, such as setting bail and imposing sentences, but they often rely on others. They routinely follow the bail recommendations of the prosecutor and accept guilty-plea agreements reached by the defense and prosecution. This does not mean that the judge is without power; the other actors must be sensitive to what the judge might do. Prosecutors (and defense attorneys) know the amount of bail a particular judge has set in past situations, so that is what they recommend in the current case. This shared decision making is highly functional because it diffuses responsibility. Judges, prosecutors, defense attorneys, and others are aware that the decisions they make could turn out to be wrong. The members of the courtroom work group share a sense that when one of their members looks bad, they all look bad. Decisions, therefore, are made jointly. The hallmark of work groups is regularity of behavior. This regularity is the product of shared norms about how each member should behave and what decisions are desirable. Courthouse workers can make their common worksite unpleasant, or, through cooperation, a predictable place to work. The greater the certainty, the less time and resources they need to spend on each case. Based on similarities among cases, members of the work group develop certain ideas about types of crimes and criminals. These are referred to as normal crimes (Sunow, 1965). Once a case has been classified as a normal crime it is usually disposed of on the basis of a set pattern. In essence, normal crimes represent a group sense of justice. Actors who violate these rules of personal and professional conduct can expect sanctions from the other members of the work group. A variety of rewards and sanctions are available.

 

REF:    123-128                                   OBJ:    4

 

6. What are legal ethics and why are they important to the legal system?

 

ANS:

Lawyers often suffer from a negative public image, which is one reason the legal profession places considerable emphasis on legal ethics. Ethics refers to the study and analysis of what constitutes good or bad conduct (Pollock 2012). Legal ethics represents a specific type of ethics. First, it is an example of applied ethics, in which ethical principles are applied to specific issues. Legal ethics is also an example of professional ethics, because it involves the behavior of a profession, in this case the legal profession. All ethical systems, legal ethics included, have a moral component. But morality and ethics are different. Whereas morality emphasizes a set of moral absolutes, legal ethics involves the difficult task of helping lawyers sort out the best option when perhaps no good options exist. Legal ethics is of critical importance because the American legal system is based on the adversarial system, which stresses verbal combat. At its basis, this system represents a fight between opposing viewpoints, and the use of legal ethics is one way to regulate this verbal combat to ensure a fair fight. Legal ethics emphasizes protecting clients by ensuring that they have competent attorneys to forcefully present their cases. Legal ethics also seeks to promote public respect for the legal system.

 

REF:    142-143                                   OBJ:

7. Compare and contrast the law on the books and the law in action approaches to court delay. Which approach do you think is the most effective at addressing the problem of dely in courts? Why?

 

ANS:

The law on the books approach to court delay focuses on resources and procedures. A common response is to supplement resources although budget realities often prevent doing so today. Emphasis is also placed on streamlining procedures. Research has, however, indicated that the level of court resources was not associated with court delay (Church et al. 1978). Such findings explain why the law on the books approach is often ineffective in speeding up case dispositions and reducing excessive caseloads. Speedy-trial laws are a case in point. Speedy trial laws are federal or state statutes that specify time limits for bringing a case to trial after arrest.  They do not provide for any additional resources to aid the courts in complying. Potential difficulties arise because not all cases fit easily into the mandated time frames. Various studies find that such laws have had limited impact on court dely (Church et al. 1978; Mahoney et al. 1988; Nimmer 1978). This is primarily because most state laws fail to provide the court with adequate and effective enforcement mechanisms. The federal speedy-trial law has proven effective.  Researchers stress that law in action approaches to reducing court delay are ultimately more effective. Delay is related to the number of cases and the choices made by court actors in processing cases. Law in action approaches to court delay seek to alter practitioners’ attitudes regarding proper case disposition times. Improving case scheduling and coordination among courtroom work group members are two such approaches. The variability in courtroom workgroups has major consequences for how long it takes courts to dispose of cases. Research has found that some courts were characterized as hierarchical because there was a clear chain of command among judges, administrative staff, and courtroom staff. Courts with a hierarchical culture processed felony cases significantly faster than other courts (Ostrom et al. 2007).

 

REF:    139-142                                   OBJ:    8

 

8. What are the strengths and weaknesses of speedy-trial laws? Provide examples.

 

ANS:

Speedy-trial laws reflect a law on the books approach to problem solving. Although these laws have the advantage of calling attention to delay as a problem, they are limited because they provide no mechanisms to deal with discretion. Speedy trial laws are federal or state statutes that specify time limits for bringing a case to trial after arrest.  Some speedy trial laws specify specific time standards for periods from arrest to arraignment, trial and or sentencing. These laws supplement the provisions of the U.S. Constitution and 35 state constitutions which have speedy-trial guarantees.  These provisions, however, apply only when the delay has been “extensive.” Given the vagueness of these constitutional standards, legislatures have shown considerable interest in putting some teeth into the guarantee of a speedy trial. The best-known such effort is the Speedy Trial Act of 1974 (amended in 1979), which specifies time standards for the two primary stages in the federal court process. A span of 30 days is allowed from arrest to indictment, and 70 days from indictment to trial.

Certain time periods, such as those associated with hearings on pretrial motions and the mental competency of the defendant, are considered excludable time. Speedy-trial statutes exist in all 50 states (Herman and Chemerinsky 2006), but they have a different orientation from their federal counterpart. Most state laws are defendant-centered; that is, they are designed to protect defendants from suffering extensive delay, particularly if they are incarcerated prior to trial. By contrast, the federal law is designed to protect the interests of society; that is, a speedy trial is viewed as an important objective irrespective of whether the defendant’s interests are in jeopardy. Speedy trial laws are not based on an analysis of why delay occurs.They do not provide for any additional resources to aid the courts in complying. This can produce unforeseen consequences such as delaying civil cases in some federal courts. Potential difficulties also arise because not all cases fit easily into the mandated time frames. A major murder case or a large drug-smuggling case takes longer to prepare than an ordinary burglary prosecution. Various studies find that such laws have had limited impact in speeding up the flow of cases through the state criminal court process (Church et al. 1978; Mahoney et al. 1988; Nimmer 1978). The primary reason is that most state laws fail to provide the court with adequate and effective enforcement mechanisms. The federal speedy-trial law has proven effective. The average criminal case filed in the federal courts in the early 1970s took 7 months to reach a disposition. Without adequate resources, however, speedy trials are doomed to failure.

 

REF:    140                              OBJ:    7