Deck 8: Traditional Prosecutions

Question 1

In about _______________________ of states, a criminal defendant cannot be ______________________ unless a grand jury has found grounds to do so.

A)two-thirds; charged
B)one-third; prosecuted
C)two-thirds; indicted
D)one-third; charged

Answer 1

one-third; prosecuted

Question 2

In United States v. Salerno (1987)the Supreme Court ruled that

A)coerced confessions are inadmissible.
B)the bail amount should not be excessive.
C)evidence obtained during an illegal search and seizure is inadmissible.
D)judicial instructions must be given to ignore pretrial information.

Answer 2

the bail amount should not be excessive.

Question 3

Bob is a suspect in a sexual assault. He is read his rights, and the detectives start to question him. Bob asks for a lawyer, but the detectives press on, continuing to ask Bob questions. Eventually he confesses. His lawyer makes a motion to suppress the confession because she maintains that the confession was taken in violation of Bob's right to counsel. Which Amendment forbids the use of this confession?

A)The Fifth Amendment
B)The Sixth Amendment
C)The Fourteenth Amendment
D)The Sixteenth Amendment

Answer 3

The Sixth Amendment

Question 4

The purpose of a grand jury is

A)to acquit or convict.
B)to indict or not to indict.
C)to arraign.
D)to defend.

Question 5

During the arraignment process

A)the suspect is arrested.
B)the suspect enters a plea.
C)the suspect is allowed one phone call.
D)the suspect decides whether to accept a plea bargain.

Question 6

The initial appearance must take place soon after arrest because extended detention of those charged with a crime violates which of the following amendments?

A)Second
B)Third
C)Fourth
D)Fifth

Question 7

In which of the following cases was there a motion for separate trials?

A)The case of Timothy McVeigh and Terry Nichols
B)The case of Tim Masters
C)The case of Patrick Dale Walker
D)The case of James Earl Ray and Martin Luther King, Jr.

Question 8

Barbara has been charged with murder, and has been indicted. She is now before the judge and she is asked to plead guilty or not guilty. Which step of the criminal process is Barbara currently completing?

A)Arraignment
B)Preliminary hearing
C)Initial appearance
D)Pretrial motions

Question 9

Charging someone with a crime

A)occurs automatically after an arrest.
B)implies a formal decision to continue with prosecution.
C)is another way of saying "arresting" that person.
D)is a decision made by the police.

Question 10

What is the primary purpose of the initial appearance in court?

A)The defendant enters a plea.
B)The judge reviews the evidence summarized by the prosecutor to determine whether probable cause exists for believing that the suspect committed the crime(s)charged.
C)The jury determines whether or not the defendant is guilty.
D)The grand jury issues an indictment.

Question 11

A defense concerned about pretrial publicity is likely to request which of the following?

A)A motion for change of venue
B)A motion in limine
C)A motion to sever counts
D)A motion for separate trials

Question 12

According to research findings, how does a jury tend to react to multiple charges?

A)They are more likely to convict a defendant on a charge when it is combined with another charge rather than when it is tried alone.
B)They are equally likely to convict a defendant on a charge when it is combined with another charge as compared to when it is tried alone.
C)They are less likely to convict a defendant on a charge when it is combined with another charge rather than when it is tried alone.
D)Researchers have found that any of the above could be true; it depends on the type of charges.

Question 13

Which of the following is an extralegal factor that seems to have an influence on bail decisions?

A)The seriousness of the offense
B)The offender's legal history
C)The race of the defendant
D)None of these are correct ; extralegal factors do not affect bail decisions

Question 14

In the 2012 homicide case of Trayvon Martin, _______________________ made the decision to charge George Zimmerman, the suspect accused of killing the youth.

A)a grand jury
B)the prosecutor
C)the local police
D)the county judge in a preliminary hearing

Question 15

Of some 56,000 felony cases filed during May 2009 in the 75 most populous counties in the U.S., what percentage was dismissed prior to formal prosecution?

A)12%
B)25%
C)36%
D)48%

Question 16

A motion in limine is

A)a request to suppress a confession.
B)a request to extend the Brady rule.
C)a request for an expedited setting of bail.
D)a request for a pretrial ruling.

Question 17

Exculpatory evidence is evidence

A)that tends to show the defendant to be not guilty as charged.
B)that tends to show the defendant to be guilty as charged.
C)that the defense must hand over to the prosecution before the trial begins.
D)None of these are correct

Question 18

In many states, the defense is required to notify the prosecution if it intends to use which of the following defenses?

A)Insanity
B)Alibi
C)Both A and B
D)Neither A nor B

Question 19

As seen in the Freddie Gray case, a _____________________ may issue a(n)_____________ on multiple charges based on one or more events if there is evidence sufficient for trial.

A)grand jury; indictment
B)prosecutor; indictment
C)judge; warrant
D)judge; preliminary hearing

Question 20

During the preliminary hearing

A)the defendant is required by law to testify.
B)the defense attorney is required to present his or her case to the judge.
C)the jury is selected.
D)the prosecuting attorney presents evidence against the defendant.

Question 21

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

A)A guilty plea means that the case doesn't have to go to trial in an already overloaded court system.
B)Taking responsibility for one's crime can be a step toward rehabilitation.
C)The victim doesn't have to relive the trauma in open court.
D)All of these are correct

Question 22

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?

A)Santobello v. New York (1971)
B)Blakely v. Washington (2004)
C)United States v. Salerno (1987)
D)Lafler v. Cooper (2012)

Question 23

The _______________________ usually presents the _____________________ first in a trial.

A)defense; opening statement
B)prosecution or plaintiff; opening statement
C)prosecution or plaintiff; closing argument
D)Both B and C

Question 24

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

A)impaired
B)perjured
C)impeached
D)disqualified

Question 25

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

A)the verdicts were more favorable to the prosecution.
B)the verdicts were more favorable to the defense.
C)there were no significant differences in verdicts.
D)there were more hung juries.

Question 26

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.

A)witness characteristics, folklore, and stereotypes
B)evidence, witness, and truth
C)legal factors, confession, and psychologists
D)All of these are correct

Question 27

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

A)maximum amount of money that he or she would be willing to pay to reach an agreement.
B)minimum amount of money that he or she would be willing to pay to reach an agreement.
C)maximum amount of money that he or she would accept to settle the claim.
D)minimum amount of money that he or she would accept to settle the claim.

Question 28

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

A)The assigned sentence is often too strict.
B)Innocent defendants might feel compelled to plead guilty because they think that a trial will result in a worse outcome.
C)Prosecutors do not exert much power in the negotiations.
D)All of these are correct

Question 29

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

A)a venire.
B)voir dire.
C)jury duty.
D)discovery.

Question 30

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

A)maximum amount of money that he or she would be willing to pay to reach an agreement.
B)minimum amount of money that he or she would be willing to pay to reach an agreement.
C)maximum amount of money that he or she would accept to settle the claim.
D)minimum amount of money that he or she would accept to settle the claim.

Question 31

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?

A)Accept responsibility for the crime by pleading guilty
B)Provide reliable information regarding her accomplice
C)Community service work with children
D)Only A and B

Question 32

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.

A)more likely to plead guilty
B)more likely to be convicted
C)more likely to receive a longer sentence
D)All of these are correct

Question 33

Defendants who demonstrate overconfidence bias

A)are individuals who are more likely to make a plea decision based on possible gains as opposed to losses.
B)are individuals who are more likely to make a plea decision based on possible losses as opposed to gains.
C)are individuals who reject reasonable plea bargains because of the belief that they will receive a favorable outcome at trial.
D)None of these are correct

Question 34

The purpose of a trial may be said to be

A)to determine truth and conflict resolution.
B)a perception of crime.
C)for protecting public safety.
D)All of these are correct

Question 35

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.

A)76%; 89%
B)89%; 76%
C)67%; 50%
D)50%; 67%

Question 36

When defendants are unable to post bail and are forced to remain detained,

A)there are no detrimental effects.
B)the defendants' employers are legally required to guarantee that their jobs will be retained.
C)they are more likely to be found guilty than those who have committed the same crime and have been released on bail.
D)they are given extra time to work on their defense.

Question 37

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 ________________.

A)overcharged; charge bargaining
B)overcharged; deferring prosecution
C)arraigned; deferring prosecution
D)arraigned; sentence bargaining

Question 38

Why do civil libertarians oppose preventive detention?

A)Because it corrodes family and community ties
B)Because it tends to cost defendants their jobs
C)Because it conflicts with the assumption that a defendant is innocent until proven guilty
D)Because those detained are more likely to receive longer sentences than those released

Question 39

Plea bargaining has been practiced in the United States since the ___________ and it lately has threatened to put the trial system out of business.

A)early 19th century
B)early 20th century
C)middle of the 20th century
D)middle of the 19th century

Question 40

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

A)a failure of the bargaining zone.
B)a self-serving bias.
C)an anchoring bias.
D)an adjustment bias.

Question 41

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

A)the subject matter of the case is unfamiliar.
B)only one side uses that kind of evidence.
C)both sides use this kind of evidence.
D)Both A and B

Question 42

What is the vividness effect?

A)The greater impact of attractive information on judgments and decisions
B)Interpretation of information or make decisions consistent with one's own interests
C)Greater willingness to accept a plea bargain when decision alternatives are presented as gains
D)Revelation through cross-examination that uncovers aspects of the crime that confuse both sides

Question 43

Which of the following is an instance of framing effects?

A)A defendant chooses a plea-bargain decision alternative that is presented as a gain
B)An attorney refuses to divulge the full nature of the choices presented to the defendant
C)A judge asks defendants if they made the decision freely and of their own accord
D)A defendant believes he has a chance to win at trial and rejects a reasonable plea bargain

Question 44

The Grand Jury consists of ______.

A)citizens drawn from the community
B)lawyers skilled at negotiating damage awards
C)judges and district attorneys
D)experienced supreme court judges

Question 45

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.

A)incriminating; exculpatory
B)exculpatory; incriminating
C)eyewitness; eyewitness
D)None of these are correct

Question 46

When a decision is appealed to a higher court, how is the verdict of the trial viewed?

A)The appellate judges allow only those briefs that are from the defendant's point of view of the issues on appeal.
B)The appellate judges rarely reverse a verdict on the basis of the facts of the case or the apparent legitimacy of that verdict.
C)The appellate judges rarely reverse a verdict because they believe that the trial judge made a procedural error.
D)If a verdict in a criminal trial is overturned or reversed, the appeals court will order a retrial while still maintaining the charges.

Question 47

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

A)the pleadings
B)the original trial transcripts
C)the appellate briefs
D)All of these are correct

Question 48

The process of drawing a panel of prospective jurors is called _____________.

A)venire
B)discovery
C)matching heuristic
D)anchoring

Question 49

Witnesses who lie under oath during questioning may be charged of ___________.

A)perjury
B)anchoring
C)framing effects
D)All of these are correct

Question 50

What does the term "discovery" mean in civil trials?

A)Deposing the witnesses on the opposing side
B)Reading out the final sentences to the defendant
C)Making opening statements at the beginning of a trial
D)Reading out of the defendant's legal rights

Question 51

What does the judge do for the defendant during arraignment?

A)Formally read out the legal charges levied against the defendant
B)Appoint an attorney for the defendant if there isn't one already
C)Ask the defendant if he is pleading guilty or not guilty
D)All of these are correct

Question 52

When reviewing a decision in a civil case, an appellate court can do one of the following. Identify.

A)Strike down the previous decision.
B)Remand the decision to the supreme court for reconsideration.
C)Reverse the earlier ruling.
D)All of these are correct

Question 53

Which amendment of the U.S. Constitution says that bail if any should not be excessive?

A)Fourth Amendment
B)Eighth Amendment
C)First Amendment
D)Sixth Amendment

Question 54

The Fourth Amendment to the U.S. Constitution requires that any person arrested be ______.

A)brought before a judge within 48 hours
B)temporarily incarcerated in a jail cell
C)taken for a preliminary hearing
D)presented in front of a jury

Question 55

What is anchoring?

A)The choice to plead guilty to reduced charges
B)The belief of the defendant that they have a chance to win at trial
C)A cross-examination that questions the credibility of the witness
D)The initial charge serves as a reference point against which other offers are compared

Question 56

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"?

A)Ring v. Arizona (2002)
B)Blakely v. Washington (2004)
C)United States v. Salerno (1987)
D)Lafler v. Cooper (2012)

Question 57

Jane is arrested for first degree murder based on circumstantial evidence. A body was found twenty meters from her house. The police after repeated interrogation forces Jane to confess to the murder even though she is innocent. This is an example of __________.

A)plea bargaining
B)failure to disclose evidence
C)false guilty plea
D)fabricated evidence

Question 58

When Timothy McVeigh and Terry Nichols were convicted of bombing the Federal Building in Oklahoma in 1995, Terry Nichols opted for a motion ______.

A)for a change of venue
B)in limine
C)to sever counts
D)for separate trials

Question 59

In traditional prosecutions, which of the following defines matching heuristic?

A)The use of a subset of case information and making a decision based on few factors
B)The assumption that accurate predictions of future dangerous conduct can be made
C)The influence of prosecutors' requests and the position of the police on judges' choices
D)The techniques used to ensure that defendants who post bail will show up for court.

Question 60

Which of the following is true of the Tim Masters case?

A)Masters told the investigators that he had not seen the victim's body as he was in a rush to catch a school bus.
B)Detectives searched Masters' home, where they confiscated the murder weapon and several firearms manuals.
C)Eventually, when DNA tests excluded Masters as a suspect, his conviction was set aside and he was released from prison.
D)Investigators later learned that police were convinced of Masters' guilt as there were no alternate suspects back then.

Question 61

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

Question 62

Discovery is the pretrial process by which each side tries to gain vital information about the case that will be presented by the other side.

Question 63

The Fourth Amendment requires that any person arrested be brought before a judge within 72 hours of arrest.

Question 64

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

Question 65

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

Question 66

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

Question 67

A motion in limine is simply a request for a pretrial ruling.

Question 68

A person may be arrested without being charged.

Question 69

Describe the activities that take place during the arraignment.

Question 70

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

Question 71

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

Question 72

During arraignment, it is customary for defendants to plead guilty, even those who ultimately plead not guilty.

Question 73

Anchoring is the choice to plead guilty for reduced charges.

Question 74

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

Question 75

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

Question 76

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

Question 77

Victims are never involved in the plea bargaining process.

Question 78

The defendant's reservation price is the maximum amount of money that he or she would be willing to pay to reach an agreement.

Question 79

Most defendants who promise to show up for trial do.

Question 80

Discuss the various legal and extralegal factors affecting judicial bail decisions. Include a review of matching heuristic in your discussion.