Deck 11: Determination of Guilt Plea Bargaining and Trials

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

Plea bargaining benefits everyone involved, including the prosecutor.

Question 8

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

Question 9

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

Question 10

The behavior of the defendant in the courtroom has no impact on how he or she is treated by the judge.  Courtrooms are fact-based environments.

Question 11

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

Question 12

A decision by the jury in a case concludes the trial process.

Question 13

Judges are part of the local legal culture.

Question 14

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

Question 15

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

Question 16

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

Question 17

Some defendants plead guilty even when they are innocent.

Question 18

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 19

The substantial majority of cases go to trial.

Question 20

Trials are influenced by human processes.

Question 21

In Williams v. Florida , it was determined that in the case of a six-person jury, the verdict had to be unanimous.

Question 22

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 23

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 24

Plea bargaining is a set of exchange relationships in which the prosecutor, the defense attorney, the defendant, and sometimes the judge participate.

Question 25

Which 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 26

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 27

Ninety percent of individuals plead guilty, so few cases are actually appealed.

Question 28

Which would not be considered part of the courtroom workgroup?

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

Question 29

Juries symbolize the rule of law and the community foundation that supports the criminal justice system.

Question 30

Which 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 31

Instruction of the jury by the judge concludes the trial process.

Question 32

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

Question 33

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 34

Only about 1% of habeas corpus petitions are successful.

Question 35

Plea bargaining between the defense counsel and the prosecutor is a serious game in which friendliness and joking may mask efforts to advance each side's cause.

Question 36

The possibility of an appeal encourages ju dges to be careless because they know any improper ruling will be corrected at a future date.

Question 37

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

Question 38

The number of appeals in both the state and federal courts has increased during recent decades.

Question 39

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 40

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

Question 41

The trial process is based on

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

Question 42

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 43

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 44

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

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

Question 45

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 46

From which population are jury pools drawn?

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

Question 47

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 48

About ______ felony cases actually goes to trial.

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

Question 49

Which 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 50

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

A)more likely than not .
B)reasonable doubt.
C)probable cause.
D)preponderance.

Question 51

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 52

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 53

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 54

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 55

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

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

Question 56

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

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

Question 57

The right of the accused to a speedy and public trial is found in the ______ Amendment.

A)Fifth
B)Sixth
C)Seventh
D)Eighth

Question 58

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 59

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 60

In Boykin v. Alabama (1969), 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 of a defendant who maintains his or her innocence.
D)defendants must state that they are voluntarily making a plea of guilty.

Question 61

Eli is a public defender who is representing his client in a first-degree murder case.  A plea arrangement could not be arranged, so the case is going to trial.  In a matter of weeks, Eli will be forced to help seat a jury.  He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify.
During ________, Eli will be able to determine what biases prospective jurors may have against his client.

A)challenge for cause
B)voir dire
C)peremptory challenges
D)testimony

Question 62

_________ evidence requires that the jury infers a fact from what the witness observed.

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

Question 63

An adjournment of a scheduled case until a later date is called a

A)delaying tactic .
B)continuance.
C)case  grouping.
D)cut  rate.

Question 64

Which is not a step in the trial process?

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

Question 65

Eli is a public defender who is representing his client in a first-degree murder case.  A plea arrangement could not be arranged, so the case is going to trial.  In a matter of weeks, Eli will be forced to help seat a jury.  He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify.
Eli's client's case was more likely to go to trial than other cases because

A)of the media interest in the case.
B)the district attorney is up for reelection .
C)he was charged with  murder.
D)Eli is known as a great lawyer.

Question 66

While the three men are working together to come to a plea agreement, all are trying to negotiate to receive the best outcome for their side, which is known as a(n )

A)compromise.
B)peremptatory challenge.
C)exchange.
D)settlement .

Question 67

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

Question 68

Ryan is a district attorney in a small community.  Ryan's best friend, Eric,  happens to work in the public defender's office.  Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault.  The victim in the case would prefer not to testify in this case.  Luckily, Ryan and Eric have a wonderful working relationship with the judge hearing the case.  Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.
Eric, Ryan, and the judge respect one another, which lends itself to a sense of professionalism within the confines of the courtroom.  All parties know how to act and respond as their positions dictate.  This attitude would be considered 

A)working group rules
B)the local legal culture.
C)common practice.
D)en culturation.

Question 69

In which case did the Supreme Court rule that juries of fewer than 12 members are permitted by the U.S. Constitution?

A)Williams v. Florida   (1970)
B)Boykin v. Alabama (1969)
C)North Carolina v. Alford (1970)
D)Ricketts v. Adamson (1987)

Question 70

Eli is a public defender who is representing his client in a first-degree murder case.  A plea arrangement could not be arranged, so the case is going to trial.  In a matter of weeks, Eli will be forced to help seat a jury.  He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify.
Because Eli's client's case is going before a judge with a reputation for "being tough on crime", it is safe to say the defendant will not opt for a

A)bench trial.
B)plea of guilty.
C)jury trial.
D)plea bargain .

Question 71

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 72

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 73

What makes the relationship between Ryan and Eric difficult sometime is that the trial process is based upon

A)the adversary process.
B)currying the judge's favor.
C)being seen as team players.
D)the prosecutor's  discretion.

Question 74

The judge's instructions to the jury occurs 

A)o nce both sides have presented their case.
B)at the beginning of the trial.
C)once after the prosecution rests and again after the defense rests.
D)as needed throughout the trial.

Question 75

Ryan is a district attorney in a small community.  Ryan's best friend, Eric,  happens to work in the public defender's office.  Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault.  The victim in the case would prefer not to testify in this case.  Luckily, Ryan and Eric have a wonderful working relationship with the judge hearing the case.  Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.
The arrangement that Ryan, Eric, and the judge are meeting to work on is a(n)

A)condition of probation.
B)parole meeting.
C)injunction.
D)plea bargain.

Question 76

Eli is a public defender who is representing his client in a first-degree murder case.  A plea arrangement could not be arranged, so the case is going to trial.  In a matter of weeks, Eli will be forced to help seat a jury.  He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify.
If a prospective juror states that all people who are poor are just lazy and deserve to be in prison, Eli can request that the juror be removed by requesting a

A)peremptory challenge.
B)challenge for cause.
C)voir dire.
D)dismissal.

Question 77

Which 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 78

Eli is a public defender who is representing his client in a first-degree murder case.  A plea arrangement could not be arranged, so the case is going to trial.  In a matter of weeks, Eli will be forced to help seat a jury.  He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify.
Lacking DNA evidence and an eye witness to the crime, Eli believes the prosecutor may use his defendant's poverty to create a case based on the jury drawing conclusions from ______ evidence.

A)c ircumstantial
B)d irect
C)r eal
D)d emonstrative

Question 79

Ryan is a district attorney in a small community.  Ryan's best friend, Eric,  happens to work in the public defender's office.  Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault.  The victim in the case would prefer not to testify in this case.  Luckily, Ryan and Eric have a wonderful working relationship with the judge hearing the case.  Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.
The relationship among Ryan, Eric, and the judge is built upon mutual respect and admiration.  All parties want to work toward the same common goal.  This would be referred to as

A)a workgroup.
B)the going rate.
C)continuance.
D)culture.

Question 80

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