Question 1

A defense attorney can plead his client guilty without his client's consent

Accepted Answer

A defense attorney cannot plead his client guilty without his client's consent, as it violates the client's right to due process and the right to make decisions regarding their own case.

Question 2

When a person fails to appear at court,the judge is allowed to enter a conviction against him.

Accepted Answer

When a person fails to appear in court, the judge may issue a bench warrant for their arrest or hold them in contempt of court, but a conviction requires a trial or a guilty plea, not merely an absence.

Question 3

When a defense attorney wishes to exclude the defendant's statement to the police,he or she will often file a

Accepted Answer

A motion to suppress is filed when a defense attorney wishes to have evidence excluded from trial, usually because it was obtained illegally or in violation of a defendant's rights. In this case, the attorney wants to exclude the defendant's statement to the police, likely arguing that it was obtained in violation of the defendant's Miranda rights.

Question 4

Paul Prosecutor has offered a recommended sentence of probation to Carl,the defendant,as part of a negotiated plea of guilty.When they present this plea bargain to the judge,the judge refuses to impose the negotiated sentence.What can Carl do at this point?

Accepted Answer

If the judge refuses to impose the negotiated sentence, Carl can withdraw his guilty plea and go to trial. This is because a plea bargain is a negotiation between the defendant and prosecutor, and the judge has the final say on whether to accept or reject the proposed sentence. If the judge rejects the plea bargain, the defendant has the option to withdraw their plea and proceed to trial. Suing the prosecutor or judge to enforce the negotiated sentence is not a viable option.

Question 5

Depositions are required in criminal cases.

Accepted Answer

Depositions are not required in criminal cases. They are more commonly used in civil cases to gather and preserve testimony and evidence for trial. In criminal cases, witness statements are typically taken by law enforcement officers during the investigation and presented at trial through the testimony of those witnesses.

Question 6

Most criminal cases end in the defendant's plea of guilty.

Accepted Answer

According to the National Center for State Courts, around 90% of criminal cases in the United States end in a plea of guilty.

Question 7

When a person pleads "no lo contendere," he is pleading not guilty.

Accepted Answer

Pleading "no lo contendere" (also known as a "no contest" plea) is not the same as pleading not guilty. It means that the defendant is not admitting guilt but is also not disputing the charges. This plea can have different legal consequences than pleading guilty or not guilty.

Question 8

In some states,changes in the criminal discovery rules compel the state to turn over witness statements,investigative reports,and police reports to the defense.

Accepted Answer

In some states, changes in criminal discovery rules require the state to disclose witness statements, investigative reports, and police reports to the defense. This is known as "open-file discovery."

Question 9

When a prosecutor offers a lower sentence and fine to a defendant in exchange for a guilty plea,this is called

Accepted Answer

This scenario describes the process of plea bargaining, in which a defendant agrees to plead guilty in exchange for a reduced sentence or other concessions from the prosecution. This is a common practice in criminal cases in the United States. Sentence enhancement, mitigating factors, and Brady material are all related to the trial and sentencing process, but they do not describe the specific situation of a prosecutor offering a plea bargain.

Question 10

When the defense wishes to know additional information about the crimes alleged in the indictment,it can file a

Accepted Answer

A bill of particulars is filed by the defense when they require more information about the crimes alleged in the indictment. This document lists the specific details of each charge and requests that the prosecution provide additional information such as the names of witnesses, time and date of alleged offenses, and specific actions that constitute the crime. It is used to help the defense prepare their case and ensure that they are not taken by surprise during trial.

Question 11

When the judge reviews the state's materials to see that the state has complied with the defendant's discovery requests,this is called

Accepted Answer

In Camera review is the process in which the judge reviews the state's materials to ensure that they have complied with the defendant's discovery requests in a private session to protect sensitive information. The other options are unrelated to this process.

Question 12

All of the following are reasons that a defendant would plead guilty to a crime,except

Accepted Answer

The state threatening a defendant is not a legitimate or legal reason for a guilty plea. Defendants might plead guilty due to the potential for a lighter sentence, overwhelming evidence against them, or fear of conviction by a jury, but threats from the state would constitute coercion, which is not an acceptable or legal basis for a guilty plea.

Question 13

The purpose of the arraignment is to inform the defendant of the charges against him.

Accepted Answer

The arraignment is a pre-trial hearing in which the defendant is formally charged and informed of those charges.

Question 14

Carl's attorney advises Carl to plead guilty because the evidence against him is overwhelming.However,Carl is stubborn.At trial,the defense attorney announces that although Carl does not wish to plead guilty,he will have to plead his client guilty over Carl's objections because going to trial will be much worse for Carl than it would be to plead guilty before the trial starts.What does the judge do?

Accepted Answer

Deny the plea because Carl did not consent to it.

Question 15

Carl wishes to plead guilty,even though he maintains that he is innocent.He realizes,however,that the evidence against him is overwhelming and that if he goes to trial,he will be found guilty.What can Carl do?

Accepted Answer

The Alford plea, named after the Supreme Court case North Carolina v. Alford, allows defendants to plead guilty while still maintaining their innocence. In this plea, the defendant acknowledges that the prosecution has enough evidence to likely convict them, but they do not admit to actually committing the crime. The judge must approve of this plea, but it can be used in cases where the defendant wishes to avoid the risk of greater penalties if found guilty at trial.

Question 16

The name for the hearing where the defendant is told about official charges against him or her,given a copy of the indictment or accusation,and provided with some discovery is

Accepted Answer

The arraignment is the court proceeding where the defendant is formally charged and informed of the charges against them, given a copy of the indictment or accusation, and sometimes provided with some discovery materials.

Question 17

In some states,the defendant's presence at court is secured through a bail bond.

Accepted Answer

In some states, defendants can secure their presence at court through a bail bond, which is a form of financial guarantee provided by a bail bondsman. This allows the defendant to be released from custody while awaiting trial, with the condition that they will return to court when required.

Question 18

Through discovery,a defense attorney can get copies of the prosecutor's work product.

Accepted Answer

Discovery does not typically allow a defense attorney to obtain the prosecutor's work product, which includes notes, strategies, legal research, and personal thoughts about the case.

Question 19

When the state wishes to introduce evidence of the defendant's other crimes that have characteristics in common with the crime the defendant has committed in the present case,the prosecutor will file a

Accepted Answer

The state would file a similar transactions motion to introduce evidence of the defendant's other crimes that have characteristics in common with the crime the defendant has committed in the present case. This type of evidence can be used to show motive, intent, plan, or identity. A motion to suppress would seek to exclude evidence that was obtained illegally or in violation of the defendant's constitutional rights. A motion to exculpate would seek to clear the defendant of wrongdoing or show that someone else committed the crime. A Brady motion seeks the disclosure of exculpatory evidence that is in the possession of the prosecution.

Quiz 6: Arraignment and Discovery