Deck 13: Court Proceedings II Trial and Conviction

Question 1

Concerning the functioning of 12-member juries, social scientists have found that:

A)12-member juries are correct less often than smaller juries.
B)12-member juries are correct more often than smaller juries.
C)there is no difference in the reliability of verdicts between 12-member juries and smaller juries.
D)jury verdicts cannot be studied using social science methods.

Answer 1

B

Question 2

What is the instruction that tells jurors they can infer that the witness's testimony would have been unfavorable to the prosecution?

A)a hearsay instruction
B)a missing witness instruction
C)a constitutional reversible error instruction
D)an imprisonment peremptory instruction

Answer 2

B

Question 3

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

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

Answer 3

C

Question 4

What is the name of the group of eligible citizens from which the potential jurors are drawn?

A)a jury panel
B)a jury voir dire
C)a jury sample
D)a jury group

Question 5

Which of the following interests is promoted through guilty pleas?

A)public participation
B)efficiency
C)adversarial process
D)procedural regularity

Question 6

According to SCOTUS:

A)the Sixth Amendment guarantees a 12-member jury.
B)the framers clearly intended to impose the requirement of a 12-member jury on the states.
C)the 12-member jury was an historical accident.
D)a 12-member jury is required to arrive at a proper verdict.

Question 7

What plea bargaining model assumes that prosecutors, judges, and defense attorneys act rationally to forecast the outcome of a trial?

A)in the "shadow of trial" model
B)outside the "shadow of trial" model
C)within the "shadow of trial" model
D)beyond the "shadow of trial" model

Question 8

Which type of criminal justice professional usually opposes plea bargaining?

A)judges
B)defense attorneys
C)prosecutors
D)police officers

Question 9

Plea 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.

Question 10

Jury trials promote which of the following interests?

A)efficiency
B)economy
C)procedural regularity
D)harmony

Question 11

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

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

Question 12

What plea bargaining model assumes that legally irrelevant factors sometimes skew the fair allocation of punishment?

A)in the "shadow of trial" model
B)outside the "shadow of trial" model
C)above the "shadow of trial" model
D)beyond the "shadow of trial" model

Question 13

In what case did SCOTUS hold that the Sixth Amendment only demands enough jurors to achieve the goals of a jury trial, which are to find the truth and to allow for community participation in criminal justice decision making?

A)Williams v. Florida
B)Snyder v. Louisiana
C)North Carolina v. Alford
D)Ballew v. Georgia

Question 14

Which amendment to the Constitution provides defendants with the right to a speedy trial?

A)the Third Amendment
B)the Eighth Amendment
C)the Fifth Amendment
D)the Sixth Amendment

Question 15

What term refers to the strongly documented finding that people don't "attempt to ruthlessly maximize utility"?

A)voir dire
B)prima facie
C)moral seriousness
D)bounded rationality

Question 16

Which amendment to the Constitution protects defendants from incriminating themselves?

A)the Third Amendment
B)the Fourth Amendment
C)the Fifth Amendment
D)the Eighth Amendment

Question 17

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)are morally serious and can lead to jail time.
D)involve sexual assault.

Question 18

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

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

Question 19

What occurs after the opening statement in a trial?

A)jury deliberations
B)presentation of the evidence
C)instructions to the jury
D)closing arguments

Question 20

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 21

Guilty pleas are constitutional when defendants waive rights knowingly and voluntarily.

Question 22

What type of bargaining occurs if the prosecutor agrees not to challenge the defendant's version of the facts and not to reveal aggravating facts to the judge?

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

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

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

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

Question 25

Prosecutors have a formal duty to convict only criminals.

Question 26

Defendants do not have to prove their innocence.

Question 27

SCOTUS has ruled that a judge's failure to ask a defendant if he or she knowingly and voluntarily entered a guilty plea in open court:

A)is not reversible, if there is strong evidence of the defendant's guilt.
B)is not reversible, if the defendant was represented by counsel during the entry of the plea.
C)is reversible, 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 28

The process of picking the actual jurors by questioning the pool of potential jurors is called the:

A)Alford process.
B)mens rea .
C)prima facie .
D)voir dire .

Question 29

According to SCOTUS in North Carolina v. Alford , which is true regarding a plea of guilty?

A)A defendant's plea of guilty, when the defendant believes he or she is innocent, can never constitute a voluntary guilty plea.
B)The only constitutional requirement is that the guilty plea be voluntary.
C)A guilty plea must consist of both a waiver of trial and an express admission of guilt.
D)To pass constitutional muster, a guilty plea must be voluntary and intelligent.

Question 30

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

Question 31

A valid plea cannot be assumed from a silent record.

Question 32

Defendants who plead guilty give up all of the following rights, except:

A)the right to trial.
B)the right to confront witnesses.
C)the right to an attorney.
D)the right not to incriminate themselves.

Question 33

In Snyder v. Louisiana (2008), SCOTUS held that the trial court had violated Allen Snyder's right to what?

A)a jury free of race-based exclusions
B)a jury free of gender-based exclusions
C)a jury free of religious-based exclusions
D)a jury free of age-based exclusions

Question 34

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 35

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 36

A challenge for cause:

A)is made by the prosecutor to strike a potential juror that 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 appears to be (or is believed to be)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 37

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)the compulsory process.

Question 38

SCOTUS has held that guilty pleas are:

A)unconstitutional, as there is no factual basis for the plea.
B)constitutional, as long as they are made voluntarily and knowingly.
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 39

Which of the following constitutional amendments protects the right to a public trial?

A)the Sixth Amendment
B)the Fifth Amendment
C)the Fourteenth Amendment
D)the Sixth, Fifth, and Fourteenth Amendments

Question 40

What is the name of the jury selection system that relies on recommendations from civic and political leaders?

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

Question 41

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

Question 42

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

Question 43

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

Question 44

Faced with many "difficult-to-predict inputs," people are likely to accept the first _______________ they think they can live with.

Question 45

Cases where the proof of guilt is overwhelming are called "_______________ _______________" cases.

Question 46

Six-person juries do not have to render unanimous verdicts.

Question 47

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

Question 48

Negotiated guilty pleas appear mainly in large urban courts.

Question 49

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

Question 50

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

Question 51

The two types of guilty pleas are the _______________ plea and the _______________ plea.

Question 52

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

Question 53

Defendants who plead guilty waive their Fifth Amendment right to remain silent.

Question 54

Grounds to reverse the trial court's judgment of guilt are called reversible _______________.

Question 55

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

Question 56

Boilerplate jury instructions that fit most cases are called _______________ _______________.

Question 57

Six-member juries satisfy the requirements of the Sixth Amendment.

Question 58

Defendants who plead guilty waive their _______________ Amendment right to remain silent, as well as their _______________ Amendment rights to trial by jury and to confront witnesses.

Question 59

SCOTUS has ruled that all jury verdicts in criminal cases must be unanimous to be constitutional.

Question 60

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

Question 61

Describe the types of verdicts that juries can give, and the purpose of the unanimous verdict requirement.

Question 62

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

Question 63

Explain the various types of guilty pleas.

Question 64

Describe and explain the significance of the SCOTUS decision Batson v. Kentucky (1986).

Question 65

List and briefly summarize the stages in the criminal trial.