Deck 3: Using Evidence to Determine Guilt or Innocence

Question 1

In most appeals,

A)the appeal takes the form of a new trial.
B)the appeals court reviews the records for errors.
C)the defendant usually is ordered to be acquitted.
D)the prosecution must again prove that the defendant was guilty beyond a reasonable doubt.

Answer 1

B

Question 2

The purpose of _____ is to assure the defendant's appearance at trial.

A)bail
B)presentence investigation
C)a criminal history investigation
D)an employment check

Answer 2

A

Question 3

The level of proof required in criminal cases is proof beyond a _________doubt.

A)cannot be used as evidence if the defendant goes to trial.
B)can be used at trial as evidence of guilt.
C)can be used as evidence at trial if the prosecution consents.
D)reasonable

Answer 3

D

Question 4

Plea bargaining may involve substituting a guilty plea to one offense for a trial on ________ offenses

A)petty
B)multiple
C)misdemeanor
D)felony

Question 5

If a defendant refuses to enter a plea, the court will enter a plea of

A)not guilty.
B)guilty.
C)no contest.
D)not guilty by reason of insanity.

Question 6

At the procedure termed ____________, the defendant will enter a formal plea to the charges.

A)arraignment
B)pretrial motions
C)preliminary hearing
D)coram nobis

Question 7

In states that do not use grand juries, the formal charging document is the

A)criminal complaint.
B)information.
C)habeas corpus.
D)indictment.

Question 8

In an Alford plea, the defendant pleads guilty but refuses

A)to waive the right to a jury trial.
B)to plea bargain.
C)to admit guilt.
D)to acknowledge the jurisdiction of the court.

Question 9

In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead

A)not guilty.
B)guilty.
C)no contest.
D)double jeopardy.

Question 10

A defendant's offer to plead guilty

A)cannot be used as evidence if the defendant goes to trial.
B)can be used at trial as evidence of guilt.
C)can be used as evidence at trial if the prosecution consents.
D)can be used at trial if the defendant fails to plea bargain in good faith.

Question 11

Another term for a no contest plea is a plea of

A)former jeopardy.
B)guilty but mentally ill.
C)nolo contendere.
D)guilty on conditions.

Question 12

An affirmative defense is one in which the defendant

A)denies doing the criminal act.
B)argues the defense of double jeopardy.
C)has agreed to a plea bargain.
D)admits doing the act but claims other matters that will result in an acquittal.

Question 13

In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is

A)on the prosecution to disprove the defense.
B)on the defendant to prove the defense.
C)on the defendant to prove the defense beyond a reasonable doubt.
D)on the prosecution to disprove the defense beyond a reasonable doubt.

Question 14

If a defendant wants to plead guilty, the defendant must

A)waive a number of rights.
B)prove to the judge that s/he is not insane.
C)be represented by an attorney.
D)have agreed to a plea bargain.

Question 15

Which of the following is the weakest argument in favor of guilty plea pursuant to a plea bargain?

A)Such pleas help alleviate the problem of heavy caseloads and long backlogs of cases.
B)Such pleas eliminate the cost and delay of appeals.
C)A guilty plea can be the first step toward genuine rehabilitation.
D)Pleas are a more open and well-informed procedure than a trial.

Question 16

Affirmative defenses include insanity, immunity, _______, and double jeopardy.

A)entrapment
B)incapacity
C)inadvertency
D)conspiracy

Question 17

In terms of procedure,

A)felony cases involve more steps and protections for defendants than misdemeanor cases.
B)misdemeanor cases involve more steps and protections for defendants than felony cases.
C)felony and misdemeanor cases have exactly the same procedures.
D)most states require grand jury review in misdemeanor cases but not in felony cases.

Question 18

The ________ Amendment of the U.S.Constitution states that "Excessive bail shall not be required.

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

Question 19

An indictment is a formal criminal charge issued by

A)the police.
B)the judge.
C)the prosecutor.
D)the grand jury.

Question 20

In a typical conditional plea, the defendant pleads guilty but reserves the right to

A)appeal certain issues.
B)a jury trial.
C)a bench trial.
D)a speedy and public trial.

Question 21

In using the insanity defense, most defendants also enter a not guilty plea.

Question 22

The rules of evidence always apply.

Question 23

In order to preserve the right to appeal an issue after entry of a guilty plea, a defendant would attempt to enter a conditional plea.

Question 24

Both defense attorneys and prosecutors evaluate the strength and admissibility of evidence in deciding upon strategies for handling the case.

Question 25

In an Alford plea, the defendant pleads guilty but refuses to admit to committing the crime.

Question 26

An Information is a formal charging document issued by a prosecutor.

Question 27

A majority of states and the federal courts have a plea and verdict of guilty but mentally ill.

Question 28

A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty.

Question 29

In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review.

Question 30

An indictment is a formal charging document issued by a grand jury.

Question 31

One of the goals of the criminal justice system is seeking retribution for victims.

Question 32

One of the purposes of some of the rules of evidence is to assist in finding the truth.

Question 33

In the U.S., most felony cases will ultimately be disposed of by a jury trial.

Question 34

In general, cases with significant evidentiary problems are likely to be weeded out.

Question 35

If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain.

Question 36

Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial.

Question 37

The Constitution never allows a judge to accept an Alford plea.

Question 38

All states allow a plea of not guilty by reason of insanity.

Question 39

A nolo contendere plea is the same as a not guilty plea.

Question 40

The defense of insanity is successful in a majority of cases where the defendant uses such a defense.

Question 41

____________ is usually the last resort or final step in defendants attempting to overturn their convictions.

Question 42

Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) _____________.

Question 43

How do prosecutors and defense attorneys weigh the strength and admissibility of the evidence when determining whether plea bargaining will be successful?

Question 44

The greatest risk of granting _________ is flight.

Question 45

A guilty plea where the defendant reserves certain rights (such as the right to appeal a legal issue) is termed a/n ____________ plea.

Question 46

A "best practice" includes a ____________ review of evidence.

Question 47

Assume the role of defense attorney.Would you ever encourage a client to use the insanity plea? Why or why not? Under what circumstances? Explain your answers fully.

Question 48

The formal court proceeding where the defendant pleads to the charges is called a/n _____________.

Question 49

The ____________ plea requires evidence of disease or defect.

Question 50

Briefly trace the steps in a typical state felony case from commission of the crime to habeas corpus.Briefly describe what happens at each step.What are the legal methods by which someone convicted in state court could challenge their conviction in a federal court?

Question 51

A no contest plea is the same as a ____________ plea.

Question 52

Of the cases that go to trial, about 20 percent are tried before a ____________.

Question 53

Evidence case reviews increase efficiency and lead to higher clearance rates.Discuss why these reviews are helpful.Focus your discussion on questions about evidence that may aid in a review, i.e., physical evidence, witnesses, suspect(s) confession(s).

Question 54

A guilty plea where the defendant refuses to admit committing the crime is called a/n ____________ plea.

Question 55

Although an appellate court may find that errors were committed at the trial, only ____________ errors will result in a new trial.

Question 56

A/n ____________ is a formal criminal charge issued by a prosecutor.

Question 57

A/n ___________ is a formal criminal charge issued by a grand jury.

Question 58

Following the filing of a criminal complaint, the judge or magistrate may issue an arrest _____________.

Question 59

In many jurisdictions, before trial, a defendant charged with a felony may be entitled to a preliminary ____________.

Question 60

?Define, discuss, compare, and contrast the pleas of guilty, not guilty, and no contest (nolo contendere).Why would a person plead no contest rather than guilty?

Question 61

Discuss the pros and cons of possible bail outcomes from a prosecutorial and defense attorney position.

Question 62

Explain how the rules of evidence are not designed to be of assistance in the search for truth but have other purposes; they often actually hinder the search for the truth.

Question 63

Discuss the method and procedure in place for the reviewing of sentencing.