Deck 11: Determination of Guilt: Plea Bargaining and Trials

Question 1

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

Answer 1

False

Question 2

Judges are expected to be independent and therefore are not part of the local legal culture.

Answer 2

False

Question 3

Trials are influenced by human processes.

Answer 3

True

Question 4

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

Question 5

Some defendants plead guilty even when they are innocent.

Question 6

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

Question 7

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

Question 8

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

Question 9

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 10

Some believe that plea bargaining is unethical because it usually results in longer sentences than a defendant would likely receive at trial.

Question 11

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

Question 12

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

Question 13

Defendants in some states have the option to choose a bench trial.

Question 14

A substantial majority of cases go to trial.

Question 15

Values and norms greatly affect the functioning of a courtroom.

Question 16

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

Question 17

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 18

Plea bargaining stopped immediately after it was banned in the state of Tennessee.

Question 19

Plea bargaining benefits everyone involved,including the prosecutor.

Question 20

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

Question 21

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 22

During plea bargaining,defense counsel and prosecutors often employ friendliness and joking to mask efforts to advance their interests.

Question 23

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

Question 24

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

Question 25

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

Question 26

The vast majority of habeas corpus petitions are successful.

Question 27

Which of the following is true about plea bargains?

A)Roughly ten percent of cases are plea bargained.
B)Roughly half of cases are plea bargained.
C)Roughly three quarters of cases are plea bargained.
D)Most cases are plea bargained.

Question 28

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 29

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 30

Defendants do not have the right of attorney if they choose to appeal.

Question 31

Which would not be considered part of the courtroom workgroup?

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

Question 32

Plea bargains

A)have been openly discussed since the 1920s.
B)were generally negotiated in secret late 1970s/early 1980s.
C)were generally negotiated in secret in the 1920s.
D)are no longer a major part of the criminal justice system.

Question 33

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

Question 34

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

Question 35

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 in exchange for 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 36

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

Question 37

The possibility of an appeal encourages judges to be careless because they know any improper ruling will be corrected later.

Question 38

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

Question 39

The _________ culture refers to the values and norms shared by members of a particular court community regarding how cases should be handled and the way court officials should behave.

A)workgroup
B)docket
C)grouping
D)local legal

Question 40

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

Question 41

The most important factor in the decision to take a case to trial is usually the

A)seriousness of the charge.
B)previous record of the defendant.
C)quality of the defense attorney.
D)ideology of the judge.

Question 42

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 in exchange for 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

Which of the following is a popular misconception 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 44

From which population are jury pools drawn?

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

Question 45

The U.S.Supreme Court ruled that defendants must state that they are voluntarily making a plea of guilty in

A)Bordenkircher v.Hayes.
B)Ricketts v.Adamson.
C)North Carolina v.Alford.
D)Boykin v.Alabama.

Question 46

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 47

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 in exchange for 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 48

Of all cases in which convictions are reversed,about what percentage results in the ordering of a new trial?

A)2
B)6
C)10
D)15

Question 49

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 50

In _____________ plea bargaining,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
B)insufficient
C)indecisive
D)implicit

Question 51

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

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

Question 52

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 53

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

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

Question 54

What right does the Sixth Amendment guarantee?

A)The right to bear arms
B)The right to a speedy trial
C)The right to remain silent under questioning
D)The right to privacy

Question 55

How many jury members are seated during a bench trial?

A)0
B)6
C)9 (plus one alternate)
D)12 (plus two alternates)

Question 56

The trial process is based on

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

Question 57

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 58

A legal petition requesting that a judge examine 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)writ of habeas corpus.

Question 59

An appeal that results in reversal of the conviction usually means that the case is ________ the lower court for a new trial.

A)reversed in
B)remanded to
C)overruled in
D)upheld in

Question 60

Roughly what percentage of felony cases go to trial?

A)33%
B)25%
C)10%
D)5%

Question 61

_________ evidence requires the jury to infer a fact from what the witness observed.

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

Question 62

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 63

The ______ is the missing actor in the workgroup process that produces plea bargains.

A)suspect
B)crime victim
C)judge
D)probation officer

Question 64

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

Question 65

Eli is a public defender representing his client,Roxy,in a first-degree murder case.Eli is not sure what the outcome of this case will be since there are no eyewitnesses scheduled to testify.Because Roxy's case is going before a judge with a reputation for "being tough on crime," it is safe to say that Eli will not advise Roxy to choose a

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

Question 66

When does the judge give instructions to the jury?

A)After 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)Whenever the jury has questions for the judge

Question 67

Eli is a public defender representing his client in a first-degree murder case.Roxy,his client,does not want to make a plea.Eli is not sure what the outcome of this case will be since there are no eyewitnesses.Which of the following factors most increases the likelihood of Roxy's case going to trial?

A)The media interest in the case
B)The district attorney's bid for reelection
C)The murder charge
D)Roxy's gender

Question 68

Eli is a public defender representing his client in a first-degree murder case.Roxy,his client,does not want to make a plea,so the case is going to trial.Eli is preparing to seat the jury and wants the jurors to be able to relate to his client,who grew up poor but started her own business.If a prospective juror states that he believes all women are killers,Eli can ask that the juror be removed by requesting a

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

Question 69

Which is not a strategy typically employed by defense attorneys?

A)Introducing contrary evidence to rebut or cast doubt on the state's case
B)Offering an alibi
C)Offering an admission of guilt
D)Presenting an affirmative defense

Question 70

Which is not a step in the trial process?

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

Question 71

Ryan is a district attorney in a small community.Ryan's best friend,Eric,happens to work in the public defender's office.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 positive working relationship with the judge hearing the case.Ryan and Eric are looking forward to coming to an arrangement in this case and having lunch afterward with the judge.The case might put certain pressures on Ryan and Eric to represent each of their sides in court.This is part of

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

Question 72

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 73

Ryan is a district attorney in a small community.Ryan's best friend,Eric,happens to work in the public defender's office.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 positive working relationship with the judge hearing the case.Ryan and Eric are 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 74

Ryan is a district attorney in a small community.Ryan's best friend,Eric,happens to work in the public defender's office.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 positive working relationship with the judge hearing the case.Ryan and Eric are looking forward to coming to an arrangement in this case and having lunch afterward with the judge.While the three men are working together to come to a plea agreement,all are trying to negotiate to obtain the best outcome for their side.This is known as a(n)

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

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.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 positive working relationship with the judge hearing the case.Ryan and Eric are 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 about is a(n)

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

Question 76

Ryan is a district attorney in a small community.Ryan's best friend,Eric,happens to work in the public defender's office.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 positive working relationship with the judge hearing the case.Ryan and Eric are 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)enculturation.

Question 77

Eli is a public defender representing his client in a first-degree murder case.Roxy,his client,does not want to make a plea,so the case is going to trial.Eli is preparing to seat the jury and wants the jurors to be able to relate to his client,who grew up poor but started her own business.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 78

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 79

Eli is a public defender representing his client in a first-degree murder case.Roxy,his client,does not want to make a plea,so the case is going to trial.Eli wants the jurors to be able to relate to his client,who grew up poor but started her own business.Lacking DNA evidence and an eyewitness to the crime,Eli believes the prosecutor may use his defendant's social standing to create a case based on the jury drawing conclusions from ______ evidence.

A)circumstantial
B)direct
C)real
D)demonstrative

Question 80

What is the official term for an adjournment of a scheduled case until a later date?

A)A delay
B)A continuance
C)A case grouping
D)A suspension