Question 1

Plea bargains or settlement negotiations are the most frequent means for resolving cases.

Accepted Answer

Plea bargains or settlement negotiations are commonly used in the United States criminal justice system to resolve cases without going through a trial. This is due to several reasons such as efficiency, cost-effectiveness, and uncertainty of trial outcomes.

Question 2

Defendants are more likely to accept a plea bargain if the alternatives are presented in terms of gains rather than losses.

Accepted Answer

Research has shown that individuals are more likely to accept a plea bargain if the alternatives are presented in terms of gains, such as reduced charges or a lower sentence, rather than losses, such as the potential maximum sentence. This is because individuals are more motivated by the potential to gain something rather than avoiding a negative outcome.

Question 3

Preponderance of the evidence is a more difficult burden of proof to meet than
beyond a reasonable doubt.

Accepted Answer

Beyond a reasonable doubt is the highest burden of proof and is used in criminal trials, while preponderance of the evidence is a lower burden of proof used in civil trials.

Question 4

Victims are never involved in the plea bargaining process.

Accepted Answer

While victims have limited rights in the plea bargaining process, some jurisdictions allow them to participate and share their opinions with the prosecutor. Additionally, as part of plea bargaining negotiations, prosecutors may offer restitution or other arrangements to compensate the victim.

Question 5

When reviewing a decision in a civil case, an appellate court can

Accepted Answer

An appellate court can choose to affirm the previous decision, remand the decision to a lower court for reconsideration, or reverse the earlier ruling. Therefore, all of the above choices are correct.

Question 6

A person may be arrested without being charged.

Accepted Answer

It is possible for a person to be arrested on suspicion of a crime without being immediately charged. The police may continue to investigate the matter before deciding whether to charge the person or release them.

Question 7

The prosecution bears the burden of proving a defendant's guilt beyond a
reasonable doubt.

Accepted Answer

This is a fundamental principle in criminal law, enshrined in the Constitution of the United States and in many other legal systems worldwide. The burden of proof is on the prosecution to establish the defendant's guilt beyond a reasonable doubt, which means that the evidence presented must be strong enough to leave no reasonable doubt in the minds of the jurors or judge. If the prosecution fails to meet this burden, the defendant is entitled to an acquittal.

Question 8

Most of the time judges are willing to accept the sentence recommended by the prosecutor.

Accepted Answer

This is generally true, as prosecutors have the responsibility of charging defendants with crimes and negotiating plea bargains, and judges often rely on their recommendations when deciding on a sentence.

Question 9

Most defendants who promise to show up for trial do.

Accepted Answer

According to a study conducted by the Bureau of Justice Statistics, the majority of defendants who are released on bail and promise to appear for their trial do in fact show up. The study found that 88% of defendants made all scheduled appearances, while only 12% failed to appear at one or more court dates.

Question 10

Technological evidence may not be admitted in court if its probative value is outweighed by its prejudicial effects or potential to confuse the jury.

Accepted Answer

This is true. According to the Federal Rules of Evidence, technological evidence, like any other evidence, must meet the standards of relevance and reliability in order to be admissible in court. However, if its prejudicial effects or potential to confuse the jury outweigh its probative value, the judge may exclude it from the trial.

Question 11

In settlement negotiations, the higher the first offer, the higher the ultimate settlement will tend to be.

Accepted Answer

This is known as the anchoring effect, where the initial offer sets a reference point for subsequent negotiations and can influence the final outcome. Research has shown that higher initial offers generally lead to higher settlements.

Question 12

The 4th Amendment requires that any person arrested be brought before a judge with
72 hours of arrest.

Accepted Answer

The 4th Amendment does not specify a time frame for bringing an arrested person before a judge; it focuses on protection against unreasonable searches and seizures. The requirement to bring a person before a judge within a certain time frame is generally governed by state laws or other legal standards, such as the "prompt arraignment" rule.

Question 13

At the preliminary hearing, judges determine whether enough evidence has been
presented to sustain charges against the defendant.

Accepted Answer

This statement is true. The purpose of a preliminary hearing is to determine if there is enough evidence to move forward with a trial against the defendant.

Question 14

According to preliminary research, jurors may be more influenced by technological and animated evidence when

Accepted Answer

Jurors are more likely to be influenced by technological and animated evidence when the subject matter is unfamiliar, as it helps them understand complex information. Additionally, if only one side uses such evidence, it may create an imbalance, making that side's argument more persuasive.

Question 15

When a legal decision is appealed to a higher court, appellate judges typically review__________________________ and determine whether to overturn the original decision.

Accepted Answer

The answer of When a legal decision is appealed to...

Question 16

In which case did the Supreme Court decide that judges may not increase defendants' sentences on the basis of what they perceive to be "aggravating factors"?

Accepted Answer

In Blakely v. Washington (2004), the Supreme Court ruled that judges may not increase defendants' sentences on the basis of what they perceive to be "aggravating factors" unless those factors have been proven to a jury beyond a reasonable doubt. This decision was based on the Sixth Amendment's guarantee of a right to a trial by jury.

Question 17

The defendant is never allowed to testify before the grand jury.

Accepted Answer

The defendant can be allowed to testify before the grand jury if the prosecution permits it, although it is not common and the defendant does not have a right to testify or have their attorney present during grand jury proceedings.

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