Deck 8: Traditional Prosecutions: Arrest, Bail, Plea Negotiationsettlement, and Trial

Question 1

In the 2012 homicide case of Trayvon Martin, _______________________ made the decision to charge George Zimmerman, the suspect accused of killing the youth.

A)a grand jury
B)the prosecutor
C)the local police
D)the county judge in a preliminary hearing

Answer 1

the prosecutor

Question 2

The initial appearance must take place soon after arrest because extended detention of those charged with a crime violates which of the following amendments?

A)2nd
B)3rd
C)4th
D)5th

Answer 2

4th

Question 3

During the arraignment process

A)the suspect is arrested.
B)the suspect enters a plea.
C)the suspect is allowed one phone call.
D)the suspect decides whether to accept a plea bargain.

Answer 3

the suspect enters a plea.

Question 4

Bob is a suspect in a sexual assault.He is read his rights, and the detectives start to question him.Bob asks for a lawyer, but the detectives press on, continuing to ask Bob questions.Eventually he confesses.His lawyer makes a motion to suppress the confession because she maintains that the confession was taken in violation of Bob's right to counsel.Which Amendment forbids the use of this confession?

A)the 5th Amendment
B)the 6th Amendment
C)the 14th Amendment
D)the 16th Amendment

Question 5

In about _______________________ of states, a criminal defendant cannot be ______________________ unless a grand jury has found grounds to do so.

A)two-thirds; charged
B)one-third; prosecuted
C)two-thirds; indicted
D)one-third; charged

Question 6

During the preliminary hearing

A)the defendant is required by law to testify.
B)the defense attorney is required to present his or her case to the judge.
C)the jury is selected.
D)the prosecuting attorney presents evidence against the defendant.

Question 7

The purpose of a grand jury is

A)to acquit or convict.
B)to indict or not to indict.
C)to arraign.
D)to defend.

Question 8

According to research findings presented in Chapter 8, how does a jury tend to react to multiple charges?

A)They are more likely to convict a defendant on a charge when it is combined with another charge rather than when it is tried alone.
B)They are equally likely to convict a defendant on a charge when it is combined with another charge as compared to when it is tried alone.
C)They are less likely to convict a defendant on a charge when it is combined with another charge rather than when it is tried alone.
D)Researchers have found that any of the above could be true; it depends on the type of charges.

Question 9

When defendants are unable to post bail and are forced to remain detained,

A)there are no detrimental effects.
B)the defendants' employers are legally required to guarantee that their jobs will be retained.
C)they are more likely to be found guilty than those who have committed the same crime and have been released on bail.
D)they are given extra time to work on their defense.

Question 10

What is the primary purpose of the initial appearance in court?

A)The defendant enters a plea.
B)The judge reviews the evidence summarized by the prosecutor to determine whether probable cause exists for believing that the suspect committed the crime(s) charged.
C)The jury determines whether or not the defendant is guilty.
D)The grand jury issues an indictment.

Question 11

A motion in limine is

A)a request to suppress a confession.
B)a request to extend the Brady rule.
C)a request for an expedited setting of bail.
D)a request for a pretrial ruling.

Question 12

According to Chapter 8, what percentage of defendants had their cases dismissed prior to trial?

A)12%
B)24%
C)36%
D)48%

Question 13

Exculpatory evidence is evidence

A)that tends to show the defendant to be not guilty as charged.
B)that tends to show the defendant to be guilty as charged.
C)that the defense must hand over to the prosecution before the trial begins.
D)none of the above

Question 14

Which of the following is an extralegal factor that seems to have an influence on bail decisions?

A)the seriousness of the offense
B)the offender's legal history
C)the race of the defendant
D)none of the above; extralegal factors do not affect bail decisions

Question 15

In United States v.Salero (1987) the Supreme Court ruled that

A)coerced confessions are inadmissible.
B)the bail amount should not be excessive.
C)evidence obtained during an illegal search and seizure is inadmissible.
D)judicial instructions must be given to ignore pretrial information.

Question 16

A defense concerned about pretrial publicity is likely to request which of the following?

A)a motion for a change of venue
B)a motion in limine
C)a motion to sever counts
D)a motion for separate trials

Question 17

Charging someone with a crime

A)occurs automatically after an arrest.
B)implies a formal decision to continue with prosecution.
C)is another word for "arrested."
D)is a decision made by the police.

Question 18

Barbara has been charged with murder, and has been indicted.She is now before the judge and she is asked to plead guilty or not guilty.Which step of the criminal process is Barbara currently completing?

A)arraignment
B)preliminary hearing
C)initial appearance
D)pretrial motions

Question 19

In many states, the defense is required to notify the prosecution if it intends to use which of the following defenses?

A)insanity
B)alibi
C)both A and B
D)neither A nor B

Question 20

As seen in the Jerry Sandusky case, a _____________________ may issue a(n) _____________ on multiple charges based on one or more events if there is evidence sufficient for trial.

A)grand jury; indictment
B)prosecutor; indictment
C)judge; warrant
D)judge; preliminary hearing

Question 21

Brian has committed a robbery; he mugged a man by holding a knife to his neck.The victim handed over his wallet, and Brian took it and ran.He was later caught when he used the victim's credit card to purchase alcohol.Brian has been charged with robbery, possession of a deadly weapon, fraud, and possession of stolen property.The prosecutor agrees to drop all but the robbery and deadly weapon charge if Brian pleads guilty.One could say that Brian was ____________ to put the prosecutor in a good position for ________________.

A)overcharged; charge bargaining
B)overcharged; deferring prosecution
C)arraigned; deferring prosecution
D)arraigned; sentence bargaining

Question 22

A cross-examination that has effectively called into question the credibility of a witness may be said to have _________________ the witness.

A)impaired
B)perjured
C)impeached
D)disqualified

Question 23

Approximately what percentage of criminal cases are resolved by plea bargaining?

A)55%
B)65%
C)75%
D)90%

Question 24

In 2006, ________ of persons convicted of felonies at trial were sentenced to jail or prison, while _________ of persons who accepted plea bargains on the same charges received jail or prison time.

A)76%; 89%
B)89%; 76%
C)67%; 50%
D)50%; 67%

Question 25

Which of the following has been cited as a justification of plea bargaining?

A)A guilty plea means that the case doesn't have to go to trial in an already overloaded court system.
B)Taking responsibility for one's crime can be a step toward rehabilitation.
C)The victim doesn't have to relive the trauma in open court.
D)all of the above

Question 26

Defendants who demonstrate overconfidence bias

A)are individuals who are more likely to make a plea decision based on possible gains as opposed to losses.
B)are individuals who are more likely to make a plea decision based on possible losses as opposed to gains.
C)are individuals who reject reasonable plea bargains because of the belief that they will receive a favorable outcome at trial.
D)none of the above

Question 27

Tracey has been charged with murder and is scheduled to go to trial.She cannot afford to post bail, and has had to remain in jail awaiting trial.As one in the unfortunate position of being detailed in jail awaiting trial, she is ____________________ than those who can afford bail.

A)more likely to plead guilty
B)more likely to be convicted
C)more likely to receive a longer sentence
D)all of the above

Question 28

The _______________________ usually presents the _____________________ first in a trial.

A)defense; opening statement
B)prosecution or plaintiff; opening statement
C)prosecution or plaintiff; closing argument
D)B and C

Question 29

In the course of the discovery process, the prosecution is required to turn over any ______________________ evidence it has about the defendant, but the defense does not have to turn over any _____________________ evidence.

A)incriminating; exculpatory
B)exculpatory; incriminating
C)eyewitness; eyewitness
D)none of the above

Question 30

Katie and an unidentified male committed a bank robbery.During the robbery, the unidentified male shot and killed a bank guard.Katie was caught, but the male escaped.She is facing a long sentence, but is being encouraged, during plea bargaining, to do what she can to decrease that time in prison.What is Katie likely being encouraged to do?

A)accept responsibility for the crime by pleading guilty
B)provide reliable information regarding her accomplice
C)community service work with children
D)only A and B

Question 31

The image of a trial as a test of credibility is drawn into question when judges and jurors render judgments based on _________________ as opposed to the presented evidence.

A)witness characteristics
B)stereotypes
C)commonsense intuition
D)all of the above

Question 32

The process by which prospective jurors are questioned and selected to serve on a jury for a trial is called

A)a venire.
B)voir dire.
C)jury duty.
D)discovery.

Question 33

Which of the following has been cited as a criticism of plea bargaining?

A)The assigned sentence is often too lenient.
B)Innocent defendants might feel compelled to plead guilty because they think that a trial will result in a worse outcome.
C)Prosecutors exert too much power in the negotiations.
D)all of the above

Question 34

Why do civil libertarians oppose preventive detention?

A)because it corrodes family and community ties
B)because it tends to cost defendants their jobs
C)because it conflicts with the assumption that a defendant is innocent until proven guilty
D)because those detained are more likely to receive longer sentences than those released

Question 35

In a settlement negotiation, the defendant's reservation price is the

A)maximum amount of money that he or she would be willing to pay to reach an agreement.
B)minimum amount of money that he or she would be willing to pay to reach an agreement.
C)maximum amount of money that he or she would accept to settle the claim.
D)minimum amount of money that he or she would accept to settle the claim.

Question 36

At least one study has found that when the defense has been allowed to give an opening statement earlier as opposed to later

A)the verdicts were more favorable to the prosecution.
B)the verdicts were more favorable to the defense.
C)there were no significant differences in verdicts.
D)there were more hung juries.

Question 37

The purpose of a trial may be said to be

A)a search for truth.
B)a conflict-solving ritual.
C)a test of credibility.
D)all of the above

Question 38

In a settlement negotiation, people have a tendency to believe that the evidence favors their position even if it doesn't.This could be said to be an example of

A)a failure of the bargaining zone.
B)a self-serving bias.
C)an anchoring bias.
D)an adjustment bias.

Question 39

In which case did the Supreme Court provide that defendants have a constitutional right to effective representation in plea negotiations including information about prosecutor's offers and competent advice?

A)Santobello v.New York (1971)
B)Blakely v.Washington (2004)
C)United States v.Salerno (1987)
D)Lafler v.Cooper (2012)

Question 40

In a settlement negotiation, the plaintiff's reservation price is the

A)maximum amount of money that he or she would be willing to pay to reach an agreement.
B)minimum amount of money that he or she would be willing to pay to reach an agreement.
C)maximum amount of money that he or she would accept to settle the claim.
D)minimum amount of money that he or she would accept to settle the claim.

Question 41

Plea bargains or settlement negotiations are the most frequent means for resolving cases.

Question 42

Defendants are more likely to accept a plea bargain if the alternatives are presented in terms of gains rather than losses.

Question 43

Preponderance of the evidence is a more difficult burden of proof to meet than
beyond a reasonable doubt.

Question 44

Victims are never involved in the plea bargaining process.

Question 45

When reviewing a decision in a civil case, an appellate court can

A)affirm the previous decision.
B)remand the decision to a lower court for reconsideration.
C)reverse the earlier ruling.
D)all of the above

Question 46

A person may be arrested without being charged.

Question 47

The prosecution bears the burden of proving a defendant's guilt beyond a
reasonable doubt.

Question 48

Most of the time judges are willing to accept the sentence recommended by the prosecutor.

Question 49

Most defendants who promise to show up for trial do.

Question 50

Technological evidence may not be admitted in court if its probative value is outweighed by its prejudicial effects or potential to confuse the jury.

Question 51

In settlement negotiations, the higher the first offer, the higher the ultimate settlement will tend to be.

Question 52

The 4th Amendment requires that any person arrested be brought before a judge with
72 hours of arrest.

Question 53

At the preliminary hearing, judges determine whether enough evidence has been
presented to sustain charges against the defendant.

Question 54

According to preliminary research, jurors may be more influenced by technological and animated evidence when

A)the subject matter of the case is unfamiliar.
B)only one side uses that kind of evidence.
C)both sides uses this kind of evidence.
D)A and B

Question 55

When a legal decision is appealed to a higher court, appellate judges typically review__________________________ and determine whether to overturn the original decision.

A)the pleadings
B)the original trial transcripts
C)the appellate briefs
D)all of the above

Question 56

In which case did the Supreme Court decide that judges may not increase defendants' sentences on the basis of what they perceive to be "aggravating factors"?

A)Ring v.Arizona (2002)
B)Blakely v.Washington (2004)
C)United States v.Salerno (1987)
D)Lafler v.Cooper (2012)

Question 57

The defendant is never allowed to testify before the grand jury.