Deck 8: Pretrial Procedures Plea Bargaining and the Criminal Trial

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

United States v. Salerno and Cafero (1987) established the right to bail.

Question 6

Conditions in jail are usually worse than conditions in prison.

Question 7

The severity of the crime has little to no impact on the amount of bail .

Question 8

An unemployed offender with no ties to the community is likely to be released on their own recognizance.

Question 9

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

Question 10

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

Question 11

Most felony cases are disposed of by dismissals.

Question 12

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

Question 13

The substantial majority of cases go to trial.

Question 14

Prosecutors must keep up any promise they make to the defendant.

Question 15

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

Question 16

Pretrial detention is generally a shocking experience, especially for those who experience it for the first time.

Question 17

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

Question 18

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

Question 19

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

Question 20

Bail is typically determined within 3 hours after the arrest.

Question 21

Eyewitness witness accounts is a type of real evidence.

Question 22

Defendants are presumed innocent until:

A) proved innocent.
B) a plea of  nolo contendere is entered.
C) proved guilty.
D) proved responsible.
E) acquitted.

Question 23

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

A) mainstream.
B) assembly line.
C) direct line.
D) motion.
E) ​free flowing.

Question 24

Assembly-line justice is primarily a phenomenon that 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 25

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

Question 26

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

Question 27

Only about 1 percent of habeas corpus petitions are successful.

Question 28

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 29

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

Question 30

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

Question 31

Which of the following  is not a reason for the occurrence of assembly-line justice?

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.
E) ​Limited available resources.

Question 32

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 33

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

Question 34

A jury is a panel of judges selected according to law and sworn to determine matters of fact in a criminal case and deliver a verdict of guilty or not guilty.

Question 35

Which of the following was not a reason that a larger number of felony defendants had their cases dismissed?

A) Sympathetic judges.
B) The minor nature of the charges.
C) First-time offender status.
D) ​Lack of evidence.
E) Lack of witnesses.

Question 36

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

Question 37

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 38

Some defendants plead guilty even when they are innocent.

Question 39

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

Question 40

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 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) American supermax cells

Question 42

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

Question 43

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

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

Question 44

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 45

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) 1,500,000

Question 46

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 ________ bargaining.

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

Question 47

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 48

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 49

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

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

Question 50

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 51

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 52

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

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

Question 53

________ 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) North Carolina v. Alford (1970)
D) Ricketts v. Adamson (1987)
E) Bordenkircher v. Hayes (1978)

Question 54

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

A) Less than 1 percent of cases are  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

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 56

________ ruled that defendants are entitled to effective assistance of counsel during th eplea bargaining process.

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

Question 57

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 58

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 59

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 60

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 61

Critics of plea bargaining would agree with which of the following?

A) Pleas bargaining is in plain view of all courtroom observers.
B) Plea bargaining saves the court time and resources.
C) Plea bargaining encourages crime and rewards criminals.
D) Plea bargaining robs the victims and the community of its day in court.
E) Plea bargaining increases the public's confidence and satisfaction with the court processes.

Question 62

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 63

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) _____ trial.

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

Question 64

Which type of evidence would not be presented by the prosecutor?

A) Real evidence
B) Testimony
C) Direct evidence
D) Circumstantial evidence
E) Contrary evidence

Question 65

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

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

Question 66

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 67

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) North Carolina v. Alford (1970)
D) Ricketts v. Adamson (1987)
E) Bordenkircher v. Hayes (1978)

Question 68

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
E) ​S ymbolizing the rule of law.

Question 69

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) All of the above may be included in a judge's instructions to a jury.

Question 70

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 71

An attorney may remove a prospective juror without giving a reason using:

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

Question 72

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 73

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 74

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 75

This case ruled that juries of fewer than 12 members are constitutional.

A) United States v Salerno and Cafero (1987)
B) Missouri v Frye (2012)
C) Williams v Florida (1970)
D) Ricketts v. Adamson (1987)
E) Bordenkircher v. Hayes (1978)

Question 76

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 77

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 78

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) citizen's review board.
C) jury.
D) grand jury.
E) victims advocate.

Question 79

An attorney may remove a prospective juror by showing that he/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 80

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