Deck 11: Determination of Guilt: Plea Bargaining and Trials.

Question 1

The right of the accused to a speedy and public trial is found in the​

A) ​Fifth Amendment.
B) ​Sixth Amendment.
C) ​Seventh Amendment.
D) ​Eighth Amendment.

Answer 1

B

Question 2

The trial process is based upon​

A) ​the adversary process.
B) ​jurisdictional territory.
C) ​the courtroom players.
D) ​judicial discretion.

Answer 2

A

Question 3

Which of the following would not be considered part of the courtroom workgroup?​

A) ​Bailiff
B) ​Judge
C) ​Attorney
D) ​Clerk

Answer 3

D

Question 4

In North Carolina v.Alford (1970),the U.S.Supreme Court ruled that​

A) ​when a guilty plea rests on a promise of a prosecutor, it must be fulfilled.
B) ​defendants must uphold the plea agreement or suffer the consequences.
C) ​a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence.
D) ​defendants must state that they are voluntarily making a plea of guilty.

Question 5

In Ricketts v.Adamson (1987),the U.S.Supreme Court ruled that​

A) ​when a guilty plea rests on a promise of a prosecutor, it must be fulfilled.
B) ​defendants must uphold the plea agreement or suffer the consequences.
C) ​a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence.
D) ​defendants must state that they are voluntarily making a plea of guilty.

Question 6

A bench trial is presided over by a judge and​

A) ​a 6-person jury
B) ​a 9-person jury
C) ​a 12-person jury
D) ​no jury

Question 7

The _________ culture refers to the values and norms shared by members of a particular court community about how cases should be handled,and the way court officials should behave.

A) ​workgroup
B) ​docket
C) ​grouping
D) ​local legal

Question 8

During plea bargaining,a multiple-offense indictment is a tactic used by a​

A) ​judge.
B) ​prosecutor.
C) ​defendant.
D) ​defense attorney.

Question 9

Indigent offenders' right to counsel continues through the _______ appeal.

A) ​first
B) ​second
C) ​third
D) ​fourth

Question 10

Which best describes how often cases are plea bargained?​

A) ​Cases are never plea bargained.
B) ​Cases are seldom plea bargained.
C) ​Less than half of all cases are plea bargained.
D) ​Most cases are plea bargained.

Question 11

Which of the following is not characteristic of a workgroup?​

A) ​Interaction among members
B) ​Sharing of goals
C) ​Continued interaction that brings conflict
D) ​Members developing a set of norms about how they will interact

Question 12

Which of the following is not true concerning plea bargaining?​

A) ​Plea bargaining leads to expedited disposal of most criminal cases.
B) ​Plea bargaining reduces the amount of time that released suspects spend free on bail.
C) ​Plea bargaining reduces the amount of time that pretrial detainees must spend in jail.
D) ​Offenders who plead guilty to serious charges must wait longer to be enrolled in prison counseling, training, and educational programs.

Question 13

About ______ felony cases actually goes to trial.

A) ​1 in 3
B) ​1 in 4
C) ​1 in 10
D) ​1 in 20

Question 14

According to your text,the most important factor in the decision to take a case to trial is likely to be the​

A) ​seriousness of the charge.
B) ​previous record of the defendant.
C) ​quality of the defense attorney.
D) ​ideology of the judge.

Question 15

What does this figure represent?
Model of correctional sentencing

A) ​Model of police arrest discretion
B) ​Model of correctional sentencing
C) ​Model of court appeals process
D) ​Model of evidentiary standards testing

Question 16

In Santobello v.New York (1971),the U.S.Supreme Court ruled that​

A) ​when a guilty plea rests on a promise of a prosecutor, it must be fulfilled.
B) ​defendants must uphold the plea agreement or suffer the consequences.
C) ​a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence.
D) ​defendants must state that they are voluntarily making a plea of guilty.

Question 17

What is the process called in which there is no actual bargaining between parties,but rather an expectation that a guilty plea will lead to a less-than-maximum sentence?

A) ​Indirect plea bargaining
B) ​Insufficient plea bargaining
C) ​Indecisive plea bargaining
D) ​Implicit plea bargaining

Question 18

The research of Eisenstein and Jacob on the impact of courtroom workgroups across major cities revealed that​

A) ​the same type of felony was handled very differently in each city.
B) ​the same type of felony was handled the same in each city.
C) ​different types of felonies were handled very differently in each city.
D) ​different types of felonies were handled the same in each city.

Question 19

The local view of the proper sentence,considering the offense and the defendant's prior record,is called the​

A) ​local legal culture.
B) ​going rate.
C) ​grouping.
D) ​local rate.

Question 20

In Blackledge v.Allison (1976),Justice Potter Stewart argued that plea bargaining benefits​

A) ​only the defendant.
B) ​only the prosecutor.
C) ​only the judge.
D) ​all concerned in a criminal case.

Question 21

If individuals in a workplace interact in the workplace and develop norms and shared goals,this is called a(n)____________________.

Question 22

Traditionally,jury trials involve ____________________ -person juries.

Question 23

A plea of guilty must be ____________________.

Question 24

In the U.S.Supreme Court case of ____________________,it was decided that defendants must uphold the plea agreement or suffer the consequences.

Question 25

In the U.S.Supreme Court case of ____________________,it was decided that prosecutors must fulfill their promises in regard to plea bargains.

Question 26

What popular misconception exists about the appellate process?​

A) ​Numerous criminals are being "let off."
B) ​Criminal defendants are no longer permitted to appeal.
C) ​Attorneys participate in the appellate process.
D) ​The U.S. Supreme Court is considered an appellate court.

Question 27

A legal petition requesting that a judge examine whether an individual is being properly detained is called a(n)​

A) ​writ of certiorari.
B) ​writ of probable cause.
C) ​ex post facto.
D) ​habeas corpus.

Question 28

For most cases,the most important step in the criminal justice process is ____________________.

Question 29

Which of the following is true concerning appeals?​

A) ​Most appeals by criminal defendants are successful.
B) ​Most appeals by criminal defendants are not unsuccessful.
C) ​The number of successful appeals roughly equals the number of unsuccessful appeals.
D) ​Criminal defendants are no longer permitted to file appeals.

Question 30

____________________ -member juries must vote unanimously to convict a defendant.

Question 31

From what population are jury pools drawn?​

A) ​All residents
B) ​Registered voters and licensed drivers
C) ​Homeowners
D) ​College graduates

Question 32

____________________ evidence includes items such as weapons,fingerprints,or stolen property,which are real items used in the commission of a crime.

Question 33

The local view of the proper sentence is called the ____________________.

Question 34

The values and norms shared by the court community are referred to as the ____________________.

Question 35

Of all cases in which convictions are reversed,about what percentage results in a new trial ordered?​

A) ​2%
B) ​6%
C) ​10%
D) ​15%

Question 36

A request to a higher court to review actions taken in a completed trial is called a(n)____________________.

Question 37

Unstable __________ lack all three workgroup criteria: close working relationships,shared values,and reasons to cooperate.

Question 38

In the past decade,the number of appeals has​

A) ​increased at both the state and federal levels.
B) ​decreased at both the state and federal levels.
C) ​increased at the state level, but decreased at the federal level.
D) ​increased at the federal level, but decreased at the state level.

Question 39

A shared understanding that creates an expectation that a guilty plea will lead to a less-than-maximum sentence is called a(n)____________________.

Question 40

An appeal that results in reversal of the conviction normally means that the case is ________ to the lower court for a new trial.

A) ​reversed
B) ​remanded
C) ​overruled
D) ​upheld

Question 41

Trials are influenced by human processes.

Question 42

Values and norms do not affect the functioning of a courtroom.

Question 43

Oral evidence provided by a legally competent witness is called ____________________.

Question 44

Judges are part of the local legal culture.

Question 45

Defendants must state that they made their pleas voluntarily in order for them to be accepted by a judge.

Question 46

Prosecutors who purport to ban plea bargaining often do not acknowledge that exceptions exist and that charge bargaining and other negotiated resolutions continue to occur.

Question 47

Some defendants plead guilty even when they are innocent.

Question 48

Prosecutors are being "soft on crime" when they engage in plea bargains.

Question 49

Plea bargaining between defense attorney and prosecutor usually occurs in one single meeting.

Question 50

Plea bargaining has always been publicly acknowledged by the legal community.

Question 51

Defendants might have the option to choose a bench trial depending on the state in which they reside.

Question 52

Plea bargaining continued to occur in Tennessee even after it was banned.

Question 53

In a workgroup,the participants share the same duties and responsibilities.

Question 54

Plea bargaining can occur even when the evidence against the suspect is strong.

Question 55

Plea bargaining benefits everyone involved,including the prosecutor.

Question 56

Plea bargaining was ruled unconstitutional by the U.S.Supreme Court but it is still practiced informally.

Question 57

The substantial majority of cases will go to trial.

Question 58

Some believe that plea bargaining is unethical because it results in longer sentences than would have been obtained at trial.

Question 59

Plea bargaining is also referred to as "copping out."​

Question 60

The behavior of the defendant in the courtroom has no impact on how he or she is treated by the judge.

Question 61

Although challenges for cause fall ultimately under the judge's control,the prosecution and defense can exert their own control over the jury's composition through the use of _________.

Question 62

Which of the following is not a step in the trial process?​

A) ​Selection of the jury
B) ​Opening statements
C) ​Interrogation
D) ​Jury decision

Question 63

Because of their position in the justice system,_________ can define the level of their involvement in the processing of criminal cases.

A) ​prosecutors
B) ​defense attorneys
C) ​judges
D) ​suspects

Question 64

According to the ruling in __________,prosecutors may,for example,threaten repeat offenders with life sentences under habitual offender statutes if they do not agree to plead guilty and accept specified terms of imprisonment.

A) ​Bordenkircher v. Hayes (1978)
B) ​Boykin v. Alabama (1969)
C) ​North Carolina v. Alford (1970)
D) ​Ricketts v. Adamson (1987)

Question 65

How do budget cuts affect prospective jurors?​

Question 66

What is the impact of new technology on jurors?​

Question 67

__________ evidence requires that the jury infer a fact from what the witness observed.

A) ​Circumstantial
B) ​Direct
C) ​Real
D) ​Demonstrative

Question 68

Is the jury selection process used in U.S.courts fair to defendants? Discuss why some defendants are disadvantaged by the system,or why you think the process results in equal justice for all.

Question 69

Defendants have the right to an attorney for their first appeal.

Question 70

Juries are always composed of highly educated members of the community.

Question 71

The standard used by a juror to decide if the prosecution has provided enough evidence for conviction is​

A) ​inclination.
B) ​reasonable doubt.
C) ​probable cause.
D) ​preponderance.

Question 72

Appeals encourage judges to be careless because they know any improper ruling will be corrected at a future date.

Question 73

Because jurors are carefully chosen by attorneys for each side,juries never wrongly convict or wrongly acquit any defendants.

Question 74

Would a ban on plea bargaining improve the U.S.criminal justice system? Discuss why or why not.

Question 75

Which of the following is not a strategy that a defense attorney representing a client will employ?​

A) ​Contrary evidence is introduced to rebut or cast doubt on the state's case
B) ​An alibi is offered.
C) ​An admission of guilt is offered.
D) ​An affirmative defense is presented.

Question 76

The _________ is the missing actor in the courtroom's workgroup process that produces plea bargains.

A) ​suspect
B) ​crime victim
C) ​judge
D) ​probation officer

Question 77

Only about 1% of habeas corpus petitions are successful.

Question 78

Although most people believe the U.S.court system is adversarial,in reality,the judge,prosecutor,and defense attorney work together to move cases through the system.What implications does this system have for a defendant's due process rights?​

Question 79

Court location can affect court decision-making processes in many ways.How might you expect courts in urban and rural locations to differ? Can you think of a way in which change of venue might used to deal with these differences?​

Question 80

A witness observes a man stab an innocent bystander.What type of evidence would the witness offer?​

A) ​Circumstantial
B) ​Direct
C) ​Real
D) ​Demonstrative