Question 1

Brian has committed a robbery; he mugged a man by holding a knife to his neck.The victim handed over his wallet, and Brian took it and ran.He was later caught when he used the victim's credit card to purchase alcohol.Brian has been charged with robbery, possession of a deadly weapon, fraud, and possession of stolen property.The prosecutor agrees to drop all but the robbery and deadly weapon charge if Brian pleads guilty.One could say that Brian was ____________ to put the prosecutor in a good position for ________________.

Accepted Answer

Brian is facing multiple charges for his crime, but the prosecutor is willing to drop all but the most serious charges if Brian agrees to plead guilty. This is an example of charge bargaining, where the defendant agrees to plead guilty to fewer charges in exchange for a reduced sentence or dismissal of other charges. The fact that Brian was overcharged (facing too many charges for his actions) is also evident in the scenario, but the primary concept at play here is charge bargaining.

Question 2

A cross-examination that has effectively called into question the credibility of a witness may be said to have _________________ the witness.

Accepted Answer

To impeach a witness is to attack their credibility through cross-examination, by calling into question their honesty, accuracy or reliability. The other options do not accurately reflect this meaning.

Question 3

Approximately what percentage of criminal cases are resolved by plea bargaining?

Accepted Answer

Approximately 90% of criminal cases are resolved by plea bargaining. This means that the defendant agrees to plead guilty to a lesser charge or to cooperate with the prosecution in exchange for a reduced sentence. Plea bargaining is often used because it saves time and money, and it ensures a conviction without the need for a trial. However, critics argue that it can lead to injustices, such as innocent people agreeing to plea bargains to avoid the risk of a harsher sentence at trial.

Question 4

In 2006, ________ of persons convicted of felonies at trial were sentenced to jail or prison, while _________ of persons who accepted plea bargains on the same charges received jail or prison time.

Accepted Answer

According to the sentence, those who accepted plea bargains received jail or prison time more often than those convicted at trial. Therefore, the percentage for accepting plea bargains should be higher than the percentage for convictions at trial. The only option that fits this criteria is choice B, where 89% of those who accepted plea bargains received jail or prison time, and 76% of those convicted at trial were sentenced to jail or prison.

Question 5

Which of the following has been cited as a justification of plea bargaining?

Accepted Answer

All of the above have been cited as justifications of plea bargaining. A guilty plea can expedite the legal process, promote rehabilitation, and protect victims from the trauma of testifying in court.

Question 6

Defendants who demonstrate overconfidence bias

Accepted Answer

Defendants who demonstrate overconfidence bias are more likely to reject reasonable plea bargains because of their belief that they will receive a favorable outcome at trial. This bias causes them to overestimate their chances of winning and underestimate the risks associated with going to trial. Therefore, they may opt to proceed to trial even when there is substantial evidence against them.

Question 7

Tracey has been charged with murder and is scheduled to go to trial.She cannot afford to post bail, and has had to remain in jail awaiting trial.As one in the unfortunate position of being detailed in jail awaiting trial, she is ____________________ than those who can afford bail.

Accepted Answer

Studies have shown that being detained in jail pre-trial makes a defendant more likely to plead guilty, more likely to be convicted, and more likely to receive a longer sentence. This is often due to the fact that defendants who cannot afford bail are unable to prepare their defense adequately, have limited access to legal resources, and are more likely to be perceived as a flight risk or a danger to society.

Question 8

The _______________________ usually presents the _____________________ first in a trial.

Accepted Answer

The answer of The _______________________ usually presents the _____________________ first...

Question 9

In the course of the discovery process, the prosecution is required to turn over any ______________________ evidence it has about the defendant, but the defense does not have to turn over any _____________________ evidence.

Accepted Answer

The principle of disclosure in criminal proceedings requires the prosecution to disclose any evidence that may be helpful to the defense, which includes exculpatory evidence. However, there is no equivalent obligation on the part of the defense to disclose evidence to the prosecution. Therefore, the best choice is B, where the prosecution is required to turn over any exculpatory evidence it has about the defendant, but the defense does not have to turn over any incriminating evidence.

Question 10

Katie and an unidentified male committed a bank robbery.During the robbery, the unidentified male shot and killed a bank guard.Katie was caught, but the male escaped.She is facing a long sentence, but is being encouraged, during plea bargaining, to do what she can to decrease that time in prison.What is Katie likely being encouraged to do?

Accepted Answer

Katie is likely being encouraged to plead guilty and accept responsibility for the crime, as well as provide reliable information regarding her accomplice in order to potentially decrease her sentence through cooperation with authorities. Community service work with children is not likely to have much impact on her sentence in this case.

Question 11

The image of a trial as a test of credibility is drawn into question when judges and jurors render judgments based on _________________ as opposed to the presented evidence.

Accepted Answer

Judges and jurors may render judgments based on witness characteristics, stereotypes, or commonsense intuition in addition to or instead of the presented evidence, which calls into question the idea that a trial is solely a test of credibility.

Question 12

The process by which prospective jurors are questioned and selected to serve on a jury for a trial is called

Accepted Answer

The process of questioning and selecting jurors is called voir dire.

Question 13

Which of the following has been cited as a criticism of plea bargaining?

Accepted Answer

All of the above options have been cited as criticisms of plea bargaining. Some argue that the sentence given to a defendant who pleads guilty is often too lenient compared to what they would have received if found guilty at trial. Others worry that innocent defendants might feel coerced into pleading guilty because they are afraid of a harsher sentence if they go to trial. Finally, some believe that prosecutors have too much power in deciding who gets offered a plea deal and what the terms of that deal will be.

Question 14

Why do civil libertarians oppose preventive detention?

Accepted Answer

Civil libertarians oppose preventive detention because it contradicts the idea that a defendant is innocent until proven guilty. Preventive detention allows for individuals to be held in custody without trial or conviction, which goes against the fundamental principle of presumed innocence in the criminal justice system.

Question 15

In a settlement negotiation, the defendant's reservation price is the

Accepted Answer

The defendant's reservation price is the maximum amount of money that he or she would be willing to pay to reach an agreement, representing the upper limit beyond which the defendant finds it unacceptable to settle.

Question 16

At least one study has found that when the defense has been allowed to give an opening statement earlier as opposed to later

Accepted Answer

According to the question, when the defense is allowed to give an opening statement earlier, the verdicts become more favorable to the defense. Therefore, option B is correct.

Question 17

The purpose of a trial may be said to be

Accepted Answer

The purpose of a trial can be seen as all of the above: a search for truth, a conflict-solving ritual, and a test of credibility. Trials aim to uncover the truth by presenting evidence and arguments from both sides, resolve conflicts between opposing parties or interests, and evaluate the credibility of witnesses and other sources of information.

Question 18

In a settlement negotiation, people have a tendency to believe that the evidence favors their position even if it doesn't.This could be said to be an example of

Accepted Answer

This is an example of self-serving bias, which is the tendency to interpret information in a way that supports one's own interests or beliefs. In a settlement negotiation, each side is trying to maximize their own outcome, and may therefore interpret evidence in a way that supports their position, even if it is not objectively valid.

Question 19

In which case did the Supreme Court provide that defendants have a constitutional right to effective representation in plea negotiations including information about prosecutor's offers and competent advice?

Accepted Answer

In Lafler v. Cooper (2012), the Supreme Court emphasized that defendants have a constitutional right to effective representation in plea negotiations, including information about prosecutor's offers and competent advice.

Question 20

In a settlement negotiation, the plaintiff's reservation price is the

Accepted Answer

The plaintiff's reservation price is the minimum amount of money that he or she would accept to settle the claim. It is the lowest amount that the plaintiff is willing to receive in exchange for dropping the lawsuit or settling the claim.

Quiz 8: Traditional Prosecutions: Arrest, Bail, Plea Negotiationsettlement, and Trial