Ch. 13 Court Proceedings II: Trial & Conviction (FINAL)

Question 1

What percentage of convictions come from guilty pleas?

Answer 1

95%

Question 2

What are the different interests that trials and guilty pleas promote?

Answer 2

Trial - fact-finding via adversarial process

Guilty pleas - efficiency

Question 3

Is there a Constitutional right to a trial by jury for petty offenses?

Answer 3

NO

Question 4

Some petty offenses allow for jury trials. What standard must these offenses violate?

Answer 4

Moral seriousness standard

Question 5

Is there a Constitutional right to a 12-member jury?

Answer 5

NO

Question 6

This amendment guarantees you the right to an “impartial jury” that represents a “fair cross-section” of the community.

Answer 6

What is the 6th?

Question 7

This amendment prohibits the systemic exclusion of members of defendants’ racial, gender, ethnic, or religious group.

Answer 7

What is the 14th?

Question 8

A system for compiling a juror list in which civic & political leaders recommend people from these lists they know personally or by reputation.

Answer 8

What is the key-man system?

Question 9

Prosecutors and defense counsel use this Latin phrase, meaning “to speak the truth,” to select jurors from the jury panel.

Answer 9

What is voir dire?

Question 10

This challenge allows prosecutors and the defense counsel to strike any juror from the panel without reason.

Answer 10

What are peremptory challenges?

Question 11

This challenge allows prosecutors and the defense counsel to strike biased jurors from the panel.

Answer 11

What are challenges for cause?

Question 12

Between challenges for cause and peremptory challenges, which challenge can be used without limit?

Answer 12

Challenges for cause

Question 13

What 3 constitutional amendments guarantee defendants the right to a public trial?

Answer 13

6th - right to confront witnesses
5th & 14th - due process rights

Question 14

List the 6 stages of a jury trial.

Answer 14

1) Opening statements
2) Presentation of evidence
3) Closing statements
4) Instructions to jury
5) Jury deliberations
6) Verdict

Question 15

What is the purpose of opening statements?

Answer 15

Allow the prosecutor and defense counsel to outline their cases to the jury

Question 16

What 2 functions does the 6th Amendment’s confrontation clause serve?

Answer 16

1) Right to cross-examine prosecution/government’s witnesses
2) Restricts prosecution’s use of hearsay

Question 17

An agreement to not contest certain facts.

Answer 17

What is stipulation?

Question 18

What is the only instance in which a stipulation can be made?

Answer 18

When a fact may prejudice the defendant’s case (e.g., you have been arrested before)

Question 19

What is the instruction that tells jurors they can infer that the witness’s testimony would have been unfavorable to the prosecution?

Answer 19

Missing witness instruction

Question 20

What is the key difference between questions asked on direct versus cross-examination?

Answer 20

Direct - open-ended questions
Cross - leading questions

Question 21

This 2020 case held that there is a constitutional requirement for a unanimous verdict.

Answer 21

What is Ramos v. Louisiana?

Question 22

What does jury nullification do?

Answer 22

Acquits defendants even though the jury may believe the defendant is guilty beyond a reasonable doubt

Question 23

What are the 2 purposes for jury nullification?

Answer 23

1) Act as safety valve to relax the law’s rigidity
2) Provide justice in individual cases

Question 24

This type of plea bargaining refers to bargaining for a reduction in either the number or severity of criminal charges.

Answer 24

What is charge bargaining?

Question 25

This type of plea bargaining refers to a favorable sentencing recommendation for the prosecutor.

Answer 25

What is sentence bargaining?

Question 26

This type of plea bargaining refers to a prosecutor agreeing not to challenge the defendant’s version of the facts or not reveal aggravating facts to the judge.

Answer 26

What is fact bargaining?

Question 27

What 3 rights do defendants waive when they plead guilty?

Answer 27

1) 5th - right to remain silent
2) 6th - right to trial by jury
3) 6th - right to confront witnesses

Question 28

If judges fail to ask defendants questions regarding their plea in open court, it is a { } error.

Answer 28

Reversible

Question 29

What are the 2 Constitutional requirements to determine if a plea is valid according to North Carolina v. Alford (1970)?

Answer 29

Pleas must be the VOLUNTARY and INTELLIGENT choice among the alternatives