Deck 10: The Criminal Trial Process: Judges, Bench Trials, Jury Deliberation, and Sentencing

Question 1

This is the common understanding that prosecutors and defense attorneys have as to the most likely sentence given for a specific offense.

A) going rate
B) prime rate
C) conviction rate
D) plea rate

Answer 1

A

Question 2

What is the judge's role in the plea-bargaining process?

A) to ensure that the plea bargains are fair and predictable
B) to ensure that the plea bargains are advantageous to the state
C) to ensure that the plea bargains are advantageous to the defense
D) all of the above

Answer 2

A

Question 3

During the trial phase, the judge exercises _____ discretion in granting motions or allowing evidence.

A) considerable
B) no
C) a little
D) total

Answer 3

A

Question 4

This is proof of a factual matter by proving the existence of other events or circumstances from which the occurrence of the matter at issue can be inferred.

A) direct evidence
B) circumstantial evidence
C) demonstrative evidence
D) eyewitness evidence

Question 5

This is an account given by a person of an event he or she has witnessed.

A) eyewitness testimony
B) circumstantial evidence
C) direct evidence
D) demonstrative evidence

Question 6

This type of evidence does not bear directly on the case but is used to provide context in evaluating other evidence.

A) eyewitness testimony
B) circumstantial evidence
C) direct evidence
D) demonstrative evidence

Question 7

This standard of evaluating an expert witness relies on the "general acceptance" of the expert and the methodology used.

A) Daubert standard
B) Hawking standard
C) Frye standard
D) Merrell standard

Question 8

This standard of evaluating an expert witness is based in the scientific method, an investigative process by which phenomena are observed, ideas are tested, and conclusions are drawn.

A) Kaku standard
B) Flaubert standard
C) Frye standard
D) Daubert standard

Question 9

The judge's role in deciding what evidence to admit or exclude does not concern:

A) competency of witnesses
B) expert witnesses
C) race and/or gender of the defendant
D) hearsay

Question 10

This rule states that the original document should be used rather than a copy in order to establish authenticity.

A) rule of four
B) Brady rule
C) exclusionary rule
D) best evidence rule

Question 11

The judge may rule that some witnesses do not have to testify because they enjoy a(n) _____ of confidentiality based upon the law.

A) privilege
B) rule
C) expectation
D) protection

Question 12

The _____ law is something that law enforcement officers, prosecutors, and the judge must consider carefully to ensure that the charges brought against the defendant are consistent with the circumstances of the offense.

A) substantive
B) procedural
C) state
D) common

Question 13

The judge must ensure that _____ laws are adhered to so that the case cannot be successfully overturned on appeal because of irregularities in how the court allowed the case to proceed.

A) substantive
B) state
C) constitutional
D) procedural

Question 14

Whom does the jury ask when they have questions about the case or the procedural process?

A) the prosecutor
B) the judge
C) the bailiff
D) the defense attorney

Question 15

In _____, the judge is responsible for issuing the verdict and determining the sentence.

A) juvenile court hearings
B) jury trials
C) bench trials
D) all of the above

Question 16

The right to a _____ can be traced to the Magna Carta of 1215, and it was encoded in the U.S. Constitution in Article III, Section 2, as well as in provisions of the Sixth and Seventh Amendments.

A) bench trial
B) pretrial hearing
C) grand jury
D) trial by jury

Question 17

According to the text, what is the advantage of a large jury?

A) Small juries have more time to deliberate because of their size.
B) Large juries make it more likely that racial and ethnic minorities, as well as women, are included.
C) Large juries have a greater possibility of a hung jury.
D) There are no differences between large and small juries.

Question 18

Which is not a major step the court must go through to pick a jury?

A) master jury list
B) venire
C) voir dire
D) vestir

Question 19

Which is a typical qualification for a juror?

A) Jurors must be U.S. citizens.
B) Jurors must be of a certain age.
C) Jurors must live in the jurisdiction.
D) all of the above

Question 20

Who questions potential jurors about their backgrounds, their knowledge of the case, potential relationships with defendants or attorneys, and willingness to consider the case impartially?

A) the defense attorney
B) the prosecutor
C) the judge
D) all of the above

Question 21

This is the opposition by an attorney against the inclusion of a prospective juror on a jury based on a specific cause or reason.

A) exclusionary challenge
B) Miranda challenge
C) challenge for cause
D) peremptory challenge

Question 22

This is the opposition of including a prospective juror on a jury that does not require a stated cause or reason.

A) challenge for cause
B) exclusionary challenge
C) peremptory challenge
D) Miranda challenge

Question 23

This is the right of juries to refuse to apply the law even though it is clear the defendant is guilty.

A) hedonistic calculus
B) sequestration
C) peremptory challenge
D) jury nullification

Question 24

Which is not one of the three main forms of jury verdicts?

A) not guilty
B) guilty
C) guilty but insane
D) guilty but blameworthy

Question 25

This is the ancient dictate of "an eye for an eye and a tooth for tooth."

A) lex rex
B) lex paciferat
C) lex talionis
D) lex tempus

Question 26

Which is not one of the four basic philosophies of sentencing that compete for the primacy in the criminal justice system?

A) deterrence
B) hedonistic calculus
C) incapacitation
D) retribution

Question 27

These are the status, disadvantages, and privileges one enjoys based upon their social class, sex, age, and race.

A) going rate
B) sociological imagination
C) social aspiration
D) social location

Question 28

This occurs when someone breaks the law, is punished for it, and desists from committing future offenses.

A) general deterrence
B) incapacitation
C) specific deterrence

Question 29

This occurs when we see other people punished for their offenses, and we desist from violating the law.

A) specific deterrence
B) general deterrence
C) incapacitation
D) retribution

Question 30

Upon which principle is deterrence based?

A) celerity of punishment
B) certainty of punishment
C) severity of punishment
D) all of the above

Question 31

According to the text, the government wins 70 to 80 percent of the cases that go to trial.

Question 32

A defendant may request a bench trial or a jury trial.

Question 33

Rulings on the pretrial issues are so inconsequential that it does not affect how the prosecution or defense will proceed with the case.

Question 34

The judge is the supreme arbiter of the criminal justice court process.

Question 35

The defense attorney appoints counsel for indigent defendants.

Question 36

All evidence is not the same. Some evidence is more convincing than other evidence.

Question 37

It is not the responsibility of the judge to determine whether the charges brought against the defendant are appropriate.

Question 38

The procedural law specifies what behaviors are subject to criminal penalty, and substantive law dictates how the government goes about prosecuting the case.

Question 39

According to the text, the public perception of the role of the judge as demonstrated by "television judges" is fairly accurate.

Question 40

Typically, the judge will hold the sentencing hearing the day after the trial so that what occurred during the trial will remain fresh in everyone's memory.