Question 1

The standards on the death penalty are:

Accepted Answer

The standards on the death penalty have evolved over time and continue to be debated and discussed by lawmakers, advocates, and the public. While the Supreme Court has played a significant role in shaping the standards, they are also influenced by changing social attitudes and beliefs. The death penalty is a complex and controversial issue, and the standards surrounding it are likely to continue evolving in the coming years.

Question 2

Why do cases go to trial?

Accepted Answer

Cases go to trial for several reasons, primarily when legal disputes cannot be resolved through pre-trial negotiations or alternative dispute resolution methods such as mediation or arbitration. Here are some of the key reasons why cases may end up going to trial:

1. **Disputed Facts**: When the parties involved in a case disagree on the facts, a trial becomes necessary for a fact-finder (judge or jury) to determine what actually happened. Each side presents evidence and witness testimony to support their version of events.

2. **Disputed Law**: Sometimes, the facts may be agreed upon, but the parties disagree on how the law applies to those facts. A trial provides a formal setting for legal arguments to be made and for a judge to interpret and apply the law to the case at hand.

3. **No Settlement Reached**: Often, parties try to avoid the expense and uncertainty of a trial by negotiating a settlement. However, if they cannot agree on the terms of a settlement, the case will go to trial for a resolution.

4. **Justice and Public Interest**: Some cases go to trial because the parties seek a public verdict, either for reasons of justice (such as in criminal cases where society's interest is at stake) or to set a legal precedent. Public trials can also bring attention to important social issues.

5. **Strategic Reasons**: In some instances, one or both parties may believe they have a strong case and that going to trial will result in a more favorable outcome than a settlement. They may also believe that the process of going to trial will bring forth more evidence or weaken the other side's position.

6. **Jury Sympathy**: Some cases, particularly those involving personal stories or emotional elements, may be taken to trial in the hope that a jury will be more sympathetic and award a more favorable verdict than a judge during pre-trial negotiations.

7. **Enforceable Judgments**: A trial verdict can lead to an enforceable judgment. If one party is seeking a definitive court order that can be enforced by law, such as an injunction or specific performance, a trial may be necessary.

8. **Complexity**: Some cases are too complex to be settled out of court. They may involve multiple parties, complex legal issues, or significant amounts of money, making it difficult to reach a settlement that satisfies everyone involved.

9. **Principle or Precedent**: Sometimes, parties are motivated by principle or the desire to set a legal precedent. They may feel that going to trial is important to stand up for their rights or to influence the development of the law.

10. **Mandatory Trials**: Certain types of cases, like most criminal cases, are not eligible for settlement and must go to trial. The right to a trial is often guaranteed by law to ensure that justice is served.

In summary, cases go to trial when parties cannot resolve their differences outside of court, when they seek a formal legal judgment, or when they wish to have their dispute resolved in a public forum. Trials are an essential component of the legal system, providing a structured environment for the adjudication of disputes and the enforcement of legal rights.

Question 3

The courtroom work group concept focuses on:

Accepted Answer

The courtroom work group concept emphasizes the collaboration and cooperation between the judge, prosecutor, and defense attorney. This group of individuals work together to ensure a fair and just outcome for the defendant, as well as to maintain the efficiency of the criminal justice system. The courtroom work group concept emphasizes the cooperation and collaboration among the various actors in the criminal justice system, namely the judge, prosecutor, and defense attorney. They work together to ensure that justice is served and that the trial runs smoothly.

Question 4

What is the courtroom work group and why do political scientists think it is important?

Accepted Answer

The answer of What is the courtroom work group and...

Question 5

Members of the courtroom work group try to avoid trials.

Accepted Answer

Members of the courtroom work group, including judges, prosecutors, and defense attorneys, often collaborate to reach plea bargains and avoid trials, as it saves time and resources.

Question 6

The number of adults in prison is now over one million.

Accepted Answer

As of recent data, the number of adults incarcerated in the United States has surpassed one million.

Question 7

The type of case most likely to go to trial is:

Accepted Answer

Robbery involves the use of force or threat, making it a more serious crime that is more likely to result in a trial. Burglary, theft, and forgery may be resolved through plea deals or other methods without going to trial.

Question 8

Compared to a guilty plea, a conviction by a jury frequently results in a sentence which is:

Accepted Answer

A conviction by a jury often results in a longer sentence because the judge may feel the need to impose a harsher penalty to satisfy the demands of the victim and society, as well as to discourage future criminal behavior. Additionally, a guilty plea often results in a reduction of charges or a plea bargain, which can result in a lesser sentence. Convictions by a jury often result in longer sentences compared to a guilty plea because the defendant has not shown remorse and has forced the prosecution to go through a trial. Judges may see this as a lack of cooperation and give a harsher sentence.

Question 9

Explain the process of plea bargaining.

Accepted Answer

The answer of Explain the process of plea bargaining....

Question 10

What impact is the revolution in DNA testing having on the use of the death penalty?

Accepted Answer

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Question 11

The courtroom work group depends on regularity of behavior.

Accepted Answer

The courtroom work group, which includes judges, prosecutors, defense attorneys, and other court personnel, relies on regularity of behavior to maintain a sense of order and predictability within the legal system. This allows for efficient processing of cases and consistent application of the law.

Question 12

How do films like The Shawshank Redemption contribute to the debate about the ever growing size of the adult jail population in the United States?

Accepted Answer

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Question 13

Some critics favor the abolition of plea bargaining, while others argue that it serves an important purpose and should simply be reformed. Choose a position and provide a supporting argument.

Accepted Answer

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Question 14

Why might judicial sentencing guidelines be viewed as an infringement of the legislative branch on the powers of the judiciary?

Accepted Answer

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Question 15

The majority of persons under some form of correctional supervisions are:

Accepted Answer

According to the Bureau of Justice Statistics, as of the end of 2019, approximately 4.4 million adults were under some form of correctional supervision in the United States. Of those, 3.5 million were on probation, 1.4 million were in prison, and 612,000 were on parole. Therefore, the majority of persons under some form of correctional supervision are on probation.

Question 16

Sentencing guidelines increase the judge's discretion.

Accepted Answer

Sentencing guidelines limit the judge's discretion by providing a range of recommended sentences based on the severity of the crime and the offender's criminal history. However, judges may still have some discretion to depart from the guidelines in certain circumstances.

Quiz 9: Trial Courts: How Criminal Cases End: Bargaining and Sentencing