Deck 8: Pretrial Procedures, Plea Bargaining, and the Criminal Trial

Question 1

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

Answer 1

True

Question 2

The substantial majority of cases go to trial.

Answer 2

False

Question 3

Plea bargaining between the defense attorney and the prosecutor usually occurs in a single short meeting.

Answer 3

False

Question 4

A bench trial allows a jury to have input into a defendant's guilt.

Question 5

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

Question 6

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

Question 7

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

Question 8

Bail is typically determined within three hours after the arrest.

Question 9

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

Question 10

Some defendants plead guilty even when they are innocent.

Question 11

The bail bondsperson is a nonprofit actor within the criminal justice system.

Question 12

An affirmative defense may be offered by prosecution as evidence of a crime.

Question 13

Conditions in jail are usually worse than conditions in prison.

Question 14

The Eighth Amendment to the U.S.Constitution forbids the use of excessive bail.

Question 15

Racial minority status and poverty in American society can produce visible disparities when seeing who is actually subjected to pretrial detention.

Question 16

Most felony cases are disposed of by dismissals.

Question 17

The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause.

Question 18

An unemployed offender with no ties to the community is likely to be released on ROR.

Question 19

Pretrial motions can be used by the defense to challenge the prosecution's evidence.

Question 20

Preventive detention has been ruled constitutional because it is not designed to be punishment.

Question 21

A sequestered jury meets with the media daily to give updates on the course of the trial.

Question 22

During the arraignment process, defendants are exposed to the informal, "assembly-line" atmosphere of the lower criminal courts.

Question 23

The criterion for deciding whether evidence is strong enough to uphold an arrest is known as:

A) probable cause.
B) arraignment.
C) preponderance of the evidence.
D) reasonable doubt.
E) reasonable suspicion.

Question 24

Defendants are presumed innocent until proved:

A) innocent.
B) nolo contendere.
C) guilty.
D) responsible.

Question 25

What have some critics said of the use of preventive detention?

A) It violates the offender's First Amendment rights.
B) It is used unfairly, particularly for female offenders.
C) It violates an offender's right to due process.
D) It costs the offender too much money to stay incarcerated.
E) It discriminates against people who can afford a private attorney.

Question 26

The pretrial process of the lower criminal courts creates an atmosphere which is often referred to as:

A) mainstream.
B) assembly line.
C) direct line.
D) motion.

Question 27

During the appeals process, a new trial is ordered with new witnesses giving testimony.

Question 28

The CSI effect occurs when jurors are much more likely to convict because of the scientific evidence presented.

Question 29

An application to a court requesting that an order be issued to bring about a specified action is called a(n):

A) dismissal.
B) rejection at screening.
C) guilty plea.
D) motion.
E) arraignment.

Question 30

In the case of United States v.Salerno and Cafero (1987), the Supreme Court decided that:

A) the use of preventive detention was constitutional.
B) the use of preventive detention violates offenders' constitutional rights.
C) the use of preventive detention was detrimental to offenders at trial.
D) the use of preventive detention was racially biased.
E) the use of preventive detention decreased the likelihood of reoffending among accused offenders.

Question 31

The formal court appearance of an accused person where the charges are read is called a(n):

A) probable cause.
B) arraignment.
C) preponderance of the evidence.
D) reasonable doubt.
E) reasonable suspicion.

Question 32

Prosecutors must keep their promises made to defendants.

Question 33

A prosecutor may drop charges if the alleged crime is minor.

Question 34

A jury must find a defendant guilty beyond a reasonable suspicion.

Question 35

The purpose of bail is to:

A) assure that the accused appears for trial.
B) punish the offender for committing a crime.
C) keep bail bondspersons in business.
D) pay defense attorneys, who usually do not earn much money.
E) cover the accused's court costs.

Question 36

Which of the following statements about the bail system is TRUE?

A) Bail discriminates against the less affluent members of society.
B) Bail bondspersons cannot deny bail to defendants if they can pay at least 10 percent of the entire bail amount.
C) Police officers are never allowed to influence the bail decision.
D) Bail bondspersons are nonprofit employees of the state.
E) Defendants retain a constitutional right to be released on bail.

Question 37

A defendant's rights are not violated if the prosecutor warns him that refusing a guilty plea would result in a harsher sentence.

Question 38

These individuals are private business people who are paid fees by defendants who lack the money to make bail.

A) bond agent
B) bond surety
C) bail bondsperson
D) court insurer
E) supplier

Question 39

Only about 1 percent of habeas corpus petitions are successful.

Question 40

Which of the following is NOT a factor in how the judge determines the amount of the bail?

A) seriousness of the crime
B) defendant's prior record
C) defendant's family responsibilities
D) admissibility of evidence gathered by the police
E) negative personal characteristics

Question 41

Which of the following has been referred to as "the ultimate ghetto"?

A) American prisons
B) American jails
C) American courtrooms
D) American police departments
E) None of these

Question 42

Most Americans who are charged with felonies have their cases adjudicated within what time frame?

A) 4 months
B) 6 months
C) 12 months
D) 18 months
E) 24 months

Question 43

American jails typically hold this amount of people on any one day.

A) 600,000
B) 800,000
C) 1,000,000
D) 1,200,000
E) 1,250,000

Question 44

In criminal trials, most states use juries with _________ members.

A) 6
B) 8
C) 10
D) 12
E) 16

Question 45

A trial that has only a judge, who acts as fact finder and determines the issue of law in the particular case, is known as a(n):

A) public trial.
B) bench trial.
C) jury trial.
D) closed trial.
E) open trial.

Question 46

This case ruled that defendants must uphold their plea agreement or suffer the consequences.

A) Boykin v.Alabama (1969)
B) Missouri v Frye (2012)
C) NC v.Alford (1970)
D) Ricketts v.Adamson (1987)
E) Bordenkircher v.Hayes (1978)

Question 47

The process in which shared understandings create the expectation that a guilty plea will lead to a less-than-maximum sentence, even without any actual bargaining, is known as:

A) indirect plea bargaining.
B) insufficient plea bargaining.
C) indecisive plea bargaining.
D) implicit plea bargaining.
E) under-the-table plea bargaining.

Question 48

The process of screening out jurors that might be biased (or otherwise incapable of being fair) is known as:

A) voir dire.
B) habeus corpus.
C) actus reus.
D) ex post facto.
E) nolle prosequi.

Question 49

A selection of citizens sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty are known as the:

A) public.
B) stenographer.
C) jury.
D) grand jury.
E) victims advocate.

Question 50

Which of the following is NOT considered a step of the trial process?

A) jury selection
B) opening statements
C) presentation of evidence
D) closing arguments
E) sentencing

Question 51

Which of the following is NOT a function performed by juries?

A) serving as a buffer between accused and accuser
B) determining whether the accused is guilty on the basis of evidence presented
C) promoting knowledge about the criminal justice system
D) symbolizing the rule of law
E) deciding whether evidence was collected correctly by police

Question 52

An attorney may remove a prospective juror without giving a reason using which of the following?

A) challenge for cause
B) peremptory challenge
C) judicial prerogative
D) motion
E) exclusionary rule

Question 53

During plea bargaining, a multiple-offense indictment may be used by a(n):

A) judge.
B) prosecutor.
C) defendant.
D) defense attorney.
E) indigent.

Question 54

Which best describes the frequency of plea bargaining in the United States?

A) Cases are never plea bargained.
B) Cases are seldom plea bargained.
C) Less than half of all cases are plea bargained.
D) A vast majority of cases are plea bargained.
E) All cases involve some sort of plea bargain within the courtroom workgroup.

Question 55

Defendants may deposit up to 10 percent of the full bail with the court.The full amount will be required if they do not appear.If they appear, the money will be refunded except for 1 percent.This is an example of:

A) preventative detention.
B) percentage bail.
C) release on recognizance.
D) preventive assumption.
E) probable cause.

Question 56

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.
E) preventive detention can be issued in cases involving juveniles.

Question 57

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.
E) reputation of the prosecuting attorney.

Question 58

This case determined that a defendant must state that they are making the plea voluntarily.

A) Boykin v.Alabama (1969)
B) Missouri v.Frye (2012)
C) NC v.Alford (1970)
D) Ricketts v.Adamson (1987)
E) Bordenkircher v.Hayes (1978)

Question 59

The practice under which judges grant release if the defendant is employed and has roots in the community is known as:

A) citation.
B) preventive detention.
C) release on recognizance.
D) preventive assumption.
E) probable cause.

Question 60

In the case of Williams v.Florida, the Supreme Court ruled that:

A) juries must have at least 12 members.
B) juries can be as small as 6 members.
C) juries must be unanimous in misdemeanor trials.
D) juries must be unanimous in civil trials.
E) juries must be representative of the community.

Question 61

This is the standard used by a jury to decide if the prosecution has provided enough evidence for a conviction.

A) hunch
B) preponderance
C) probable cause
D) reasonable doubt
E) certainty

Question 62

A case originating in a state court is first appealed through:

A) that state's appeal system.
B) the federal circuit courts.
C) the U.S.Supreme Court.
D) the city court.
E) the evidentiary hearing.

Question 63

A larger number of felony defendants had their cases dismissed due to all of the following reasons EXCEPT:

A) sympathetic judges.
B) the minor nature of the charges.
C) first-time offender status.
D) ​lack of evidence.

Question 64

A legal petition requesting that a judge examine whether an individual is being properly detained in jail, prison, or mental hospitals is called a(n):

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

Question 65

John was apprehended with stolen goods. Based on _____, the district attorney decides the evidence is strong enough to uphold an arrest.

A) probable cause
B) arraignment
C) preponderance of the evidence
D) reasonable doubt
E) reasonable suspicion

Question 66

Which of the following is NOT a characteristic of assembly-line justice?

A) ​Courts are focused primarily on the rights of defendants.
B) Decisions are quickly made about bail, arraignment, pleas, and the disposition of cases.
C) It is an informal aspect of the criminal justice system.
D) ​Courts throughout the nation face pressure to limit the number of cases going to trial.
E) ​Moving cases through court quickly seems to be the main goal of many judges and attorneys during the pretrial process.

Question 67

Which of the following is NOT a function performed by juries?

A) prevent government oppression
B) represent diverse communities
C) generating interest in the case through real-time tweets
D) determine whether the accused is guilty or innocent

Question 68

Assembly-line justice is primarily a phenomenon which occurs during which phase of the criminal justice system?

A) during the pretrial process
B) during the trial
C) at the arraignment
D) during jury deliberations
E) during the sentencing phase

Question 69

Which of the following types of evidence is not based on witness recollections, but still provides evidence about the crime, such as maps and/or X-rays?

A) real evidence
B) testimony
C) direct evidence
D) circumstantial evidence
E) demonstrative evidence

Question 70

As John has been before the court several times, he has become quite savvy as to its personnel and procedures. As he looks around the court he is likely to physically notice which feature of assembly-line justice?

A) the inadequate qualifications of those within the criminal justice system
B) staff with too little to do
C) too few staff
D) individualized and detailed attention given to his case

Question 71

This type of evidence is tangible evidence such as a weapon, records, fingerprints, and stolen property.

A) real evidence
B) testimony
C) direct evidence
D) circumstantial evidence
E) demonstrative evidence

Question 72

Which of the following may be included in a judge's instructions to a jury?

A) opinion on the defendant's guilt or innocence
B) opinion on which attorney presented the stronger case
C) guidelines for determining insanity based on prior court rulings
D) the consequences to the defendant if convicted
E) none of these

Question 73

This case ruled that a defendant can enter a guilty plea for a lesser sentence while maintaining his or her innocence.

A) Boykin v.Alabama (1969)
B) Missouri v Frye (2012)
C) NC v.Alford (1970)
D) Ricketts v.Adamson (1987)
E) Bordenkircher v.Hayes (1978)

Question 74

Assembly-line justice occurs due to all of the following reasons EXCEPT:

A) the inadequate qualifications of those within the criminal justice system.
B) too little funding.
C) too few staff.
D) too little time to give detailed attention to each case.

Question 75

This type of evidence requires the jury to infer a fact from the given witness testimony.

A) real evidence
B) testimony
C) direct evidence
D) circumstantial evidence
E) demonstrative evidence

Question 76

This case ruled that a prosecutor may warn that refusing a guilty plea would result in a harsher sentence.

A) Boykin v.Alabama (1969)
B) Missouri v Frye (2012)
C) NC v.Alford (1970)
D) Ricketts v.Adamson (1987)
E) Bordenkircher v.Hayes (1978)

Question 77

An attorney may remove a prospective juror by showing that he or she has some bias or some other legal disability using:

A) challenge for cause.
B) peremptory challenge.
C) judicial prerogative.
D) motion.
E) exclusionary rule.

Question 78

Decisions about bail, arraignment, pleas, and the disposition of John's case will likely be made based on what process?

A) justice for all
B) assembly-line justice
C) rules of evidence
D) jurisdictional formalities

Question 79

This type of evidence is given orally by a legally competent witness during a trial.

A) real evidence
B) testimony
C) direct evidence
D) circumstantial evidence
E) demonstrative evidence

Question 80

Assembly-line justice is primarily a phenomenon located at which level of the court system?

A) lower criminal courts
B) federal district courts
C) lower appeals courts
D) ​lower civil courts
E) upper criminal courts