Deck 10: The Disposition: Plea Bargaining, Trial, and Sentencing

Question 1

This is a compromise reached by the defendant, defendant's attorney, and the prosecutor.

A)Motion for dismissal.
B)Plea hop.
C)Warrant.
D)Plea bargain.

Answer 1

D

Question 2

In this type of plea, a defendant pleads guilty or nolo contendere to a lesser included charge.

A)Horizontal plea.
B)Avoidance-of-stigma plea.
C)Vertical plea.
D)Reduced-sentence plea.

Answer 2

C

Question 3

In this type of plea, a defendant pleads guilty to a charge in exchange for other charges being dropped.

A)Horizontal plea.
B)Avoidance-of-stigma plea.
C)Reduced-sentence plea.
D)Vertical plea.

Answer 3

A

Question 4

In this type of plea, the prosecutor, defense attorney, and judge decide on a reduced plea.

A)Avoidance-of-stigma plea.
B)Vertical plea.
C)Horizontal plea.
D)Reduced-sentence plea.

Question 5

According to Neubauer, which fundamental issue guides plea bargaining?

A)Placement of the guilty.
B)Costs and risks of trial.
C)Presumption of factual guilt.
D)All of the above.

Question 6

The first step of the trial process is the .

A)Verdict.
B)Defense opening statement.
C)Defendant's plea.
D)Indictment.

Question 7

This motion allows the defense to obtain documents and a list of the prosecution's witnesses.

A)Motion for dismissal of charges.
B)Motion for severance of defendants.
C)Motion for discovery.
D)Motion for continuance.

Question 8

Pretrial motions are filed .

A)Prior to the defendant's plea.
B)Prior to opening statements.
C)Prior to the indictment.
D)After the verdict.

Question 9

Thanks to this rule, prosecutors are prohibited from using evidence that is illegally obtained.

A)Five-second rule.
B)Rule of four.
C)Exclusionary rule.
D)Hands-off rule.

Question 10

To discredit a witness is to .

A)Empanel.
B)Impeach.
C)Immolate.
D)Impair.

Question 11

In this exercise, a witness is questioned about issues uncovered during cross-examination.

A)Final examination.
B)Indirect examination.
C)Redirect examination.
D)Direct examination.

Question 12

This is when a trial judge orders a jury to acquit the accused because the prosecution has not proven its case.

A)Directed verdict of guilty.
B)Directed verdict of conviction.
C)Directed verdict of acquittal.
D)Directed verdict of nolo contendere.

Question 13

Which is a step in the formation of a jury?

A)Cui bono.
B)Ultra vires.
C)Master jury list.
D)All of the above.

Question 14

This is a list of names randomly selected to form the jury pool.

A)Venire.
B)Master jury list.
C)Voir dire.
D)Cui bono.

Question 15

This consists of questioning prospective jurors to determine whether they have the necessary qualifications to serve.

A)Voir dire.
B)Lex talionis.
C)Veneer.
D)Venire.

Question 16

In this case, the Supreme Court established that the use of peremptory challenges to racially manipulate a jury violates the defendant's right to an impartial jury.

A)Miranda v. Arizona.
B)Argersinger v. Hamlin.
C)Batson v. Kentucky.
D)Gideon v. Wainwright.

Question 17

This is when potential jurors are excused if it is suspected that they cannot be objective.

A)Batson challenge.
B)Challenge for cause.
C)Peremptory challenge.
D)Venire.

Question 18

This is when a juror is dismissed for no particular reason.

A)Batson challenge.
B)Voir dire.
C)Challenge for cause.
D)Peremptory challenge.

Question 19

This describes a jury that is deadlocked or that cannot produce a unanimous verdict.

A)Hung jury.
B)Nullified jury.
C)Petit jury.
D)Grand jury.

Question 20

This type of trial takes place before a judge, but without a jury.

A)Mistrial.
B)Retrial.
C)Bench trial.
D)Trial de novo.

Question 21

This refers to the highest level of proof required to win a case.

A)Beyond a reasonable doubt.
B)Burden of proof.
C)Beyond a reasonable suspicion.
D)Absolute proof.

Question 22

This can also be called "circumstantial evidence."

A)Direct evidence.
B)Testimony.
C)Indirect evidence.
D)Real evidence.

Question 23

These are statements given by witnesses under oath.

A)Testimony.
B)Admissible evidence.
C)Indirect evidence.
D)Circumstantial evidence.

Question 24

Which is a strategy that the defense might consider?

A)Defendant testimony.
B)Alibi.
C)Reasonable doubt.
D)All of the above.

Question 25

This case set forth that denying bail and pretrial release to a suspect who may be a danger to society is constitutional.

A)Furman v. Georgia.
B)United States v. Salerno.
C)Batson v. Kentucky.
D)Terry v. Ohio.

Question 26

A formal, written accusation against a defendant submitted to the court by a prosecutor is called a(n) .

A)Charge.
B)Plea bargain.
C)Information.
D)Arraignment.

Question 27

The right to cross-examine witnesses is derived from the Amendment of the Constitution.

A)Sixth.
B)Fourth.
C)Fourteenth.
D)Eighth.

Question 28

The rights of defendants in U.S. criminal trials are derived from .

A)The Bill of Rights.
B)The Constitution.
C)The first 10 amendments to the Constitution.
D)All of the above.

Question 29

The Amendment provides that those accused and awaiting trial are to be allowed to post a reasonable bail unless the court finds that they are a danger to society or are likely to flee the jurisdiction and not return for further proceedings.

A)Fourth.
B)Eighth.
C)Sixth.
D)Fifth.

Question 30

These are rules for deciding sentences and are set down by a commission.

A)Indeterminate sentences.
B) Mandatory minimums.
C)Sentencing guidelines.
D)Determinate sentences.

Question 31

The reasonable-doubt standard works more in favor of the plaintiff.

Question 32

The ideal number of citizens for a jury is 12, although many states allow a jury of 6 for some cases.

Question 33

The U.S. legal system instituted the concept of judicial fairness.

Question 34

Although the exclusionary rule dictates that the police must follow procedural law in gathering evidence, the issue is decided in the courts.

Question 35

Trials happen frequently.

Question 36

If plea bargaining were abolished, the number of cases defense attorneys were willing to try would probably increase.

Question 37

The Fifth Amendment guarantees the right to a speedy trial.

Question 38

Generally, the public highly approves of the practice of plea bargaining.

Question 39

Nolo contendere pleas do not affect future civil court proceedings.

Question 40

The Fourteenth Amendment provides the right to confront witnesses.

Question 41

Plea bargaining is not concerned with determining guilt.

Question 42

Plea bargains require a judge's approval.

Question 43

The defendant is always required to provide testimony in the trial.

Question 44

Generally, there are two types of sentences: indeterminate and determinate.

Question 45

There is plenty of prison space to accommodate all the offenders serving all their time.

Question 46

Pretrial motions are highly visible in the trial process.

Question 47

Evidence must conform to a set of rules that ensures that the defendant's rights are respected.

Question 48

The victim can sometimes be the forgotten party in the criminal justice process.

Question 49

The indeterminate sentence is based on the medical model of corrections.

Question 50

List two consequences of abolishing plea bargaining.

Question 51

List the 11 steps of the trial process.

Question 52

List four points in the criminal justice process at which a case can be diverted from trial.

Question 53

List two of the three types of evidence that the exclusionary rule covers.

Question 54

What is hearsay evidence? What is its status in court? Why?

Question 55

List three requirements to be a federal juror. List one exemption.

Question 56

Why might a defendant choose a bench trial?

Question 57

List two reasons that the indeterminate sentence fell out of favor in the 1970s and 1980s.

Question 58

List an advantage and a disadvantage of determinate sentencing.