Deck 13: Sentencing, the Death Penalty, and Other Forms of Punishment

Question 1

Which of the following have contributed to the growth and prevalence of plea bargaining?
I) larger caseloads
II) increased complexity of the criminal trial process
III) increasing crime rates
IV) reduction in the power of prosecutors

A) I, II, III, IV
B) I, II, III
C) I, III, IV
D) I, IV

Answer 1

B

Question 2

Pleas bargaining that involves the exchange of a guilty plea for a reduction in either the number or severity of criminal charges is known as:

A) sentence bargaining
B) charge bargaining
C) fact bargaining
D) a negotiated plea

Answer 2

B

Question 3

According to the Supreme Court opinion in Batson v. Kentucky:

A) racial discrimination in the jury selection process is not unconstitutional because it would be impossible to prove
B) to prove racial discrimination, a defendant only has to make a prima facie case based on the totality of facts about the prosecutor's conduct
C) to prove racial discrimination, a defendant must make a prima facie case based on the totality of facts about the prosecutor's conduct at which time the burden switches to the government to put forth a race neutral explanation for its use of peremptory challenges
D) peremptory challenges can be used by both sides in whatever way they deem necessary to help them prevail

Answer 3

C

Question 4

The right to a public trial:
I) arises out of the Sixth Amendment.
II) gives the public right of access to attend court proceedings.
III) gives defendants the right to attend their own trials.
IV) extends to bench conferences during the trial.

A) I, II, III, IV
B) I, II, III
C) II, III, IV
D) I, III, IV

Question 5

According to the Supreme Court, proof beyond a reasonable doubt:

A) is required by due process.
B) is a rule of procedure, not a constitutional requirement.
C) states are free to adopt whatever standard of proof they choose.
D) is a discretionary matter for each court to determine for itself.

Question 6

According to the Supreme Court, the equal protection clause of the Fourteenth Amendment prohibits systematic exclusion from juries of members of a defendants' _____________________ group.
I) racial
II) gender
III) religious
IV) ethnic

A) I, II, III, IV
B) I, II, III
C) I, II
D) I, IV

Question 7

According to the Supreme Court in Ballew v. Georgia:

A) a five person jury satisfies the Sixth Amendment
B) a five person jury does not satisfy the Sixth Amendment
C) it's not clear whether a five person jury is constitutional
D) a five person jury is constitutional if the crime cab be punished by less than six months imprisonment

Question 8

Which of the following best describes the purpose of opening statements?

A) outline the case the two sides hope to prove.
B) are intended to prove the government's case.
C) must prove the defendant's theory of the case.
D) may include references to evidence that the lawyer making the opening statement knows is probably inadmissible.

Question 9

According to the Supreme Court, a jury's verdict in a criminal case must be unanimous when there are only how many jurors?

A) 10
B) 12
C) 7
D) 6

Question 10

According to the doctrine of jury nullification:

A) courts can overturn jury acquittals.
B) juries can acquit even if the evidence proves guilt.
C) juries cannot go against the weight of the evidence in criminal cases.
D) courts cannot interfere with a verdict of guilty.

Question 11

According to critics of the Supreme Court's ruling on non-unanimous verdicts, unanimous verdicts:
I) instill confidence in the criminal justice process.
II) guarantee that the jury carefully reviews the evidence.
III) ensures the hearing of minority viewpoints.
IV) prevents government oppression.

A) I, II, III, IV
B) I, II, III
C) I, IV
D) IV

Question 12

Regarding the right to a public trial, all of the following are true except:

A) it is a personal right that only defendants may invoke.
B) the press and public have a right of access to criminal trials.
C) the right of access applies to pretrial proceedings as well as to the trial itself.
D) press and public access includes jury deliberations.

Question 13

The Sixth Amendment guarantees jury trial:

A) in all offenses.
B) only in felonies.
C) only in felonies against the person.
D) in all criminal prosecutions excepting petty offenses.

Question 14

The right to confrontation comes from:

A) the Fifth Amendment.
B) the Due Process Clauses.
C) the Eight Amendment.
D) the Sixth Amendment.

Question 15

Voir dire is:

A) the instructions given the jury by the judge as to how the jury should deliberate.
B) the name given the prosecutor's opening statement.
C) the process of examining prospective jurors.
D) the questioning of prospective jurors by a judge and attorneys in court.

Question 16

Concerning the functioning of twelve member juries, social scientists have found:

A) that twelve member juries are right less often than smaller juries.
B) that twelve member juries are right more often than smaller juries.
C) that there is no difference in the reliability of verdicts between twelve member and smaller juries.
D) that jury verdicts cannot be studied using social science methods

Question 17

To have a valid guilty plea, a defendant who pleads guilty must:

A) acknowledge guilt.
B) know beforehand the exact sentence to be given.
C) do so voluntarily and knowingly.
D) agree he or she is factually guilty.

Question 18

According to the Supreme Court:

A) the Sixth Amendment guarantees a twelve member jury.
B) the Framers clearly intended to impose the requirement of a twelve member jury on the states.
C) the twelve member jury was an historical accident.
D) a twelve member jury is required to arrive at a proper verdict.

Question 19

Supporters of convictions by guilty pleas argue all of the below except what?

A) Negotiation better serves the search for truth.
B) Guilty pleas save time.
C) The system would collapse without guilty pleas.
D) Guilty pleas further the interests of crime victims.

Question 20

According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:

A) are petty and can be punished by more than six months imprisonment
B) are considered serious felonies with long imprisonment terms
C) can be punished by less than six months imprisonment but that courts have determined have a certain "moral quality" that requires a jury trial
D) involve sexual assault

Question 21

Most courts require that a factual basis for the plea be established before the court will accept the plea.

Question 22

For purposes of Sixth Amendment guarantee to a jury trial, the Supreme Court has used a potential six months imprisonment to divide serious from petty crimes.

Question 23

Hearsay violates the confrontation clause because:

A) the defendant can't cross-examine the witnesses against them.
B) it often gets misinterpreted.
C) the jury doesn't have a chance to see the demeanor of the person who spoke the
Out of court statements.
D) people can lie too easily about what they heard someone else say.

Question 24

Which of the following tactics may the defendant constitutionally use at a criminal trial?
I) not present a case
II) cross examine the prosecution witnesses
III) present evidence in an attempt to reduce the grade of the offense
IV) call their own witnesses

A) I, II, III, IV
B) II, III, IV
C) III, IV
D) IV

Question 25

Prosecutors and defense attorneys can remove potential jurors without having a reason using the:

A) peremptory challenge.
B) challenge for cause.
C) voir dire.
D) exemption from service objection.

Question 26

A challenge for cause:

A) is made by the prosecutor to strike a potential juror the prosecutor thinks will not
Be favorable to the state's case.
B) is made by defense counsel based on the juror's race or gender.
C) strikes a juror who is biased or prejudiced toward the defendant or the state.
D) exempts persons from jury service because of their age, criminal record, or ability
To speak and write English.

Question 27

A valid plea cannot be assumed from a silent record.

Question 28

The jury selection system that relies on recommendations from civic and political leaders is called the:

A) fair-cross section system.
B) random selection system.
C) impartial jury selection system.
D) key-man system.

Question 29

The Sixth Amendment confrontation clause:

A) guarantees the government the right to cross-examine the defense's witnesses.
B) limits the government's use of physical evidence.
C) guarantees the defense the right to cross-examine the government's witnesses.
D) guarantees the defendant the right to compulsory process to obtain witnesses.

Question 30

According to the American Bar Association, which of the following are improper remarks for prosecutors to make during closing argument?
I) intentionally to misstate the evidence
II) refer to excluded evidence
III) arguments calculated to inflame jurors' passions and prejudices
IV) express a personal opinion about the defendant's guilt

A) I, II, III, IV
B) I, II, III
C) I, II
D) I, II, IV

Question 31

The Supreme Court has ruled that a judge's failure to ask a defendant if they knowingly and voluntarily entered a guilty plea in open court is:

A) not reversible if there is strong evidence of the defendant's guilt
B) not reversible if the defendant was represented by counsel during the entry of the plea
C) reversible error because the judge accepted a plea without an affirmative showing that it was freely given and the defendant knew what he or she was agreeing to
D) may be grounds for an appeal if the defendant can show the judge was aware the defendant was not of sound mind

Question 32

Which of the following is not true about closing arguments?

A) Prosecutors can waive their right to make a closing argument and then save their comments for rebuttal.
B) Prosecutors can raise new matters in rebuttal.
C) Appellate courts frequently reverse convictions for even one improper prosecution comment in closing argument.
D) Prosecutors can express their personal beliefs about the defendant's guilt.

Question 33

During the trial, defendants must either prove their innocence or raise a reasonable doubt about the government's case.

Question 34

Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is called:

A) cross-examination.
B) direct examination.
C) the right to compel testimony.
D) compulsory process.

Question 35

If a defendant wishes to plead guilty, but still not admit guilt, states are constitutionally required to let the defendant do so.

Question 36

The Supreme Court has held that guilty pleas are:

A) unconstitutional.
B) constitutional, so long as they are made voluntarily, knowingly, and intelligently.
C) unconstitutional when they are obtained as a result of plea bargaining.
D) constitutional even if the prosecution cannot present enough evidence to establish that there is a factual basis for the guilty plea.

Question 37

According to the Supreme Court in North Carolina v. Alford, regarding a plea of guilty:

A) defendants' plea of guilty when they believe they are innocent can never constitute a voluntary guilty plea.
B) the only constitutional requirement is that the plea be voluntary
C) guilty pleas must consist of both a waiver of trial and an express admission of guilt.
D) to pass constitutional muster, guilty pleas must be voluntary and intelligent

Question 38

When the defense agrees to not contest evidence introduced by the prosecutor, it is called a(n):

A) formal agreement.
B) a judgment.
C) presentation of evidence.
D) stipulation.

Question 39

According to the Supreme Court, guilty pleas waive all of the following rights except

A) prohibition against self-incrimination
B) right to trial
C) right to compel witnesses to testify
D) right to counsel

Question 40

The right to a jury trial:

A) dates back in history to the U.S. Constitution.
B) was first recognized in the Bill of Rights.
C) has ancient roots in European history and the English Bill of Rights.
D) was first espoused by the American colonists.

Question 41

Judges are responsible for exercising a peremptory challenge to strike potential jurors.

Question 42

The two types of guilty pleas are the ___________ plea and the ______________ plea.

Question 43

Cases where the proof of guilt is overwhelming are called _________________.

Question 44

The Supreme Court has ruled that use of the key-man system to select jurors is in violation of the Sixth Amendment.

Question 45

The standard of proof necessary to convict a defendant is __________________.

Question 46

Attorneys for both sides can remove prospective jurors from the jury panel by ________.

Question 47

When the defense agrees not to contest some of the facts of a case, they are said to ___________.

Question 48

Defendants may not be required to come to court in prison clothes.

Question 49

The right to an impartial jury does not require that a jury be selected from a fair cross section of the community.

Question 50

Boilerplate jury instructions that fit most cases are called ____________________.

Question 51

Six member juries satisfy the requirements of the Sixth Amendment.

Question 52

A trial judge may not deal with a continually disruptive defendant by having the defendant bound and gagged.

Question 53

Challenges to a prospective juror based on the showing that allowing the juror to serve would deny either side a fair trial are called ________________.

Question 54

The Supreme Court has ruled that all jury verdicts in criminal cases must be unanimous to be constitutional.

Question 55

A guilty plea without any prior negotiations is called a/an ________________.

Question 56

The jury's authority to reach a not guilty verdict despite proof of guilt is called ________.

Question 57

Six person juries do not have to render unanimous verdicts.

Question 58

The Fifth Amendment requires that juries represent a fair cross section of the community.

Question 59

The Sixth Amendment confrontation clause bars the use of hearsay evidence under all circumstances.

Question 60

An attorney's address to the jury just before presentation of evidence is called a(n) _____.

Question 61

Explain the rights that defendants waive when they enter a guilty plea and what protection does a defendant have when making a guilty plea.

Question 62

Describe and explain the significance of the U.S. Supreme Court decision Batson v. Kentucky (1986).

Question 63

Explain the various types of guilty pleas.

Question 64

Explain the difference between peremptory challenges and challenges for cause.

Question 65

List and briefly summarize the stages in the criminal trial.