Final

Question 1

In this type of plea agreement, the defendant pleads guilty to a charge in the indictment in exchange for other charges in the indictment being dropped.

charge bargain
count bargain
reduction bargain
nolo contendere

Answer 1

count bargain

Question 2

A defendant is charged with aggravated assault. The prosecutor will accept a plea to simple assault. This is an example of which kind of bargain?

count
charge
reduction
indictment

Answer 2

charge

Question 3

A count bargain means the:

a) defendant’s top charge was reduced to something less severe.
b) defendant agrees to plead guilty to fewer charges.
c) defendant agrees to plead guilty in exchange for a lesser sentence.
d) defendant gets one sentence for multiple charges, instead of consecutive sentences

Answer 3

defendant agrees to plead guilty to fewer charges

Question 4

All members of the courtroom work group have a common interest in:

a) collecting fees.
b) avoiding unnecessary trials.
c) appearing tough on crime
d) reducing jail overcrowding

Answer 4

avoiding unnecessary trials.

Question 5

To gain a potential advantage in plea bargaining, prosecutors sometimes:

a) overcharge deliberately.
b) waive grand jury review.
c) demand a preliminary hearing.
d) refuse to take Alford pleas

Answer 5

overcharge deliberately.

Question 6

What is one of the major factors influencing bargaining and discretion?

lack of cooperation between members of the courtroom work group
the presumption of factual guilt
difficulties with defendants
the presumption of innocence

Answer 6

the presumption of factual guilt

Question 7

Which of the following is a key consideration for prosecutors when deciding whether to
offer a defendant a plea deal?

a) a defendant’s willingness to avoid incarceration
b) a victim’s desire to have the case go to trial
c) the strength of the case
d) a defendant’s willingness to testify in another case

Answer 7

the strength of the case

Question 8

What plea has the same consequences in criminal court as a guilty plea?

a) de jure
b) de facto
c) non compos mentos
d) nolo contendere

Answer 8

nolo contendere

Question 9

Alford plea is one in which the:

a) defendant pleads on the nose.
b) defendant pleads guilty but maintains innocence.
c) prosecutor makes no sentence recommendation.
d) defendant denies that there has been a plea bargain

Answer 9

Defendant pleads guilty but maintains innocence

Question 10

In Santobello v. New York, the U.S. Supreme Court ruled that which amendment’s right to
effective assistance of counsel applies during plea bargaining?

Eighth Amendment
b) Fifth Amendment
c) Fourteenth Amendment
d) Sixth Amendment

Answer 10

Sixth Amendment

Question 11

The main difference between a guilty plea and a no contest (nolo contendere) plea is that the latter:

a) cannot be used in a civil proceeding against the defendant.
b) results only in a conditional conviction.
c) cannot be entered in felony cases.
d) cannot be entered by defendants charged with violent offenses

Answer 11

a) cannot be used in a civil proceeding against the defendant.

Question 12

If the defendant wants to enter an Alford plea, the judge:

a) cannot lawfully accept it.
b) may accept the plea only if the defense attorney agrees.
c) may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea.
d) may accept it only if the defendant is not able to understand the meaning of factual guilt

Answer 12

c) may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea.

Question 13

In which case did the Court hold that defendants could withdraw a guilty plea if the
prosecutor did not keep the promise made in the agreement?

a) Santobello v. New York
b) Alford v. North Carolina
c) Bordenkircher v. Hayes
d) Boykin v. Alabama

Answer 13

Santobello v. New York

Question 14

Which of the following is NOT one of the reasons supporters of the values of the due
process model are concerned about plea bargaining?

a) Plea bargaining undercuts the protections afforded individuals.
b) Plea bargaining may lead to the conviction of innocent defendants.
c) Plea bargaining produces few tangible benefits for defendants.
d) Plea bargaining degrades the human spirit

Answer 14

Plea bargaining degrades the human spirit

Question 15

Plea bargaining did not become well established in the United States until the 1960s

True
False

Answer 15

False

Question 16

The overwhelming majority of all state and federal felony convictions are obtained as a
result of a defendant entering a negotiated plea of guilt

True
False

Answer 16

True

Question 17

The prosecutor proceeds from a position of strength in plea bargaining

True
False

Answer 17

True

Question 18

In the courtroom work group, the judge generally knows less about the case than the
attorneys

True
False

Answer 18

True

Question 19

There is no research supporting the existence of a jury trial penalty

True
False

Answer 19

False

Question 20

Sentences for defendants who are found guilty after trial are generally less severe than the expected sentence for the same offense after a guilty plea

True
False

Answer 20

False

Question 21

A guilty plea requires a defendant’s waiver of a number of important rights.

True
False

Answer 21

True

Question 22

Cases go to trial when the parties cannot settle a case through negotiation

True
False

Answer 22

True

Question 23

A defendant who pleads guilty is generally required to read and sign which form?

a) Boykin form
b) Crockett form
c) Reeves form
d) Santobello form

Answer 23

Boykin form

Question 24

Why do adherents of the crime control model oppose plea bargaining?

a) They believe prosecutors are lazy.
b) They believe judges are lazy.
c) They believe defendants get off too lightly.
d) They believe defendants are forced to give up constitutional rights

Answer 24

They believe defendants get off too lightly.

Question 25

Which of the following felonies has the highest trial rate? a) murder b) rape c) assault d) robbery

Answer 25

a) murder

Question 26

Pretrial publicity can taint a jury pool. Which process is supposed to screen out potential jurors who have been tainted? a) venire b) objections c) voir dire d) venue

Answer 26

voir dire

Question 27

In England, the concept of a jury functioning as an impartial fact-finding body was first formalized in 1215 in the: a) English Bill of Rights. b) Assize of Clarendon. c) Declaration of the Rights of Man. d) Magna Carta

Answer 27

d) Magna Carta

Question 28

Which Amendment guarantees that “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury”? a) Fourth Amendment b) Fifth Amendment c) Sixth Amendment d) Seventh Amendment

Answer 28

c) Sixth Amendment

Question 29

The minimum size criminal jury approved by the U.S. Supreme Court is __________. a) 6 persons b) 8 persons c) 10 persons d) 12 persons

Answer 29

a) 6 persons

Question 30

In a high-profile case, what might be necessary to find a pool of potential jurors who could render a fair and impartial verdict, free from the taint of pretrial publicity? a) a change in custody b) a rebuttal c) jury consultants d) a change in venue

Answer 30

a change in venue

Question 31

Challenges to jurors that require a justification are called challenges __________. a) per se b) for cause c) by reason d) at law

Answer 31

b) for cause

Question 32

Challenges to jurors that do not require reasons are termed __________

Answer 32

peremptory challenges

Question 33

Neither prosecutors nor defense attorneys may use peremptory challenges to eliminate potential jurors on the basis of __________. a) race or sex b) attitude or appearance c) unwillingness to follow the law d) refusal to answer questions

Answer 33

a) race or sex

Question 34

Criminal trials start with two presumptions: the presumption of innocence and the presumption of ________. a) sanity b) fairness c) reasonable doubt d) justice

Answer 34

sanity

Question 35

What is the term indicating that a prosecutor in a criminal case must produce some evidence to justify moving a case forward? a) burden of proof b) burden of evidence c) burden of production d) burden of instructions

Answer 35

burden of production

Question 36

Which type of evidence serves as an auditory or visual aid to assist the fact-finder in understanding the evidence? a) scientific evidence b) real evidence c) testimonial evidence d) demonstrative evidence

Answer 36

demonstrative evidence

Question 37

Which of the following types of evidence is generally NOT admissible at trial? a) DNA b) fingerprint c) hair analysis d) polygraph

Answer 37

polygraph

Question 38

What type of evidence is used to infer the existence of some fact in a dispute? a) circumstantial evidence b) demonstrative evidence c) direct evidence d) testimonial evidence

Answer 38

a) circumstantial evidence

Question 39

Under the Daubert standard, what is the lynchpin to admissibility? a) probability b) validity c) circumstance d) reliability

Answer 39

d) reliability

Question 40

What case replaced Frye regarding the admissibility of scientific testimony? a) Daubert v. Merrill-Dow Pharmaceuticals b) J.E.B. Petitioner v. Alabama c) Kumho Tire v. Carmichael d) Snyder v. Louisiana

Answer 40

Daubert v. Merrill-Dow Pharmaceuticals

Question 41

In __________, it was found that state juries are not required by the U.S. Constitution to consist of 12 members. a) Duncan v. Louisiana b) Sheppard v. Maxwell c) Griffin v. California d) Williams v. Florida

Answer 41

Williams v. Florida

Question 42

The First Amendment limits the power of judges to control media coverage of a trial. True False

Answer 42

True

Question 43

A gag order prohibits anyone involved in a case—police, prosecutor, defense attorney, defendant—from talking to the press. True False

Answer 43

True

Question 44

The primary purpose of the jury is to prevent oppression by the government True False

Answer 44

True

Question 45

all persons charged with an offense for which any amount of incarceration is possible have a right to a jury trial. True False

Answer 45

False

Question 46

The U.S. Supreme Court has approved six-member juries in criminal cases. True False

Answer 46

True

Question 47

Alternative jurors replace regular jurors who disagree with the majority during deliberations. True False

Answer 47

False

Question 48

A jury that is unable to reach a verdict is called a hung jury. True False

Answer 48

True

Question 49

Researchers find that many jurors make a preliminary decision with regard to the outcome of a case after hearing opening statements. True False

Answer 49

True

Question 50

In Batson v. Kentucky, the Supreme Court restricted the ability of prosecutors who used preemptory challenges to keep African-Americans off the jury in any case involving an African-American defendant. True False

Answer 50

True

Question 51

“Only by ‘locking him up and throwing away the key’ can we assure that he won’t be able to rape another woman.” That statement best matches which of the following purposes of punishment? a) retribution b) incapacitation c) general deterrence d) specific deterrence

Answer 51

incapacitation

Question 52

“An eye for an eye” is an example of a punishment based on __________. a) retribution b) rehabilitation c) incapacitation d) deterrence

Answer 52

retribution

Question 53

In ancient societies, the primary purpose of punishment was __________. a) rehabilitation b) deterrence c) incapacitation d) retribution

Answer 53

d) retribution

Question 54

Advocates of the due process model of criminal justice see the death penalty as __________. a) unfairly administered b) a deterrent c) appropriate d) none of these answers is correct

Answer 54

unfairly administered

Question 55

advocates of the crime control model believe the death penalty is __________. a) moral b) immoral c) inappropriate d) ineffective

Answer 55

a) moral

Question 56

Executive branch influence on punishment is exercised through __________. a) mandatory minimum and determinate sentencing schemes b) restorative justice programs c) parole boards and pardons d) common law writs

Answer 56

parole boards and pardons

Question 57

What branch of government has the authority to choose among sentencing options? a) judicial branch of government b) executive branch of government c) judicial and the legislative branches of government d) legislative branch of government

Answer 57

judicial branch of government

Question 58

A prison sentence that ranges from one to five years is a(n) __________. a) parole sentence b) indeterminate sentence c) mandatory minimum sentence d) determinate sentence

Answer 58

indeterminate sentence

Question 59

What sentence specifically states the exact number of years to be served in prison? a) determinate sentence b) indeterminate sentence c) definite sentence d) predetermined sentence

Answer 59

determinate sentence

Question 60

Lawsuits by inmates contending that local, county, or state officials have deprived them of their constitutional rights are often termed __________ lawsuits. a) conditions of confinement b) correctional conditions c) corrections conditions d) conditions of corrections confinement

Answer 60

conditions of confinement

Question 61

The most commonly used punishment in the United States is __________. a) restitution b) imprisonment c) an intermediate sanction d) probation

Answer 61

probation

Question 62

Conditions of confinement lawsuits primarily involve which Amendment to the Constitution? a) Fifth Amendment b) First Amendment c) Second Amendment d) Eighth Amendment

Answer 62

Eighth Amendment

Question 63

The Court has narrowed the list of death-eligible offenders by striking down death penalty provisions for most crimes. Which of the following crimes remains an open question? a) rape b) child rape c) homicide d) treason

Answer 63

treason

Question 64

A sum of money paid to the government by a person convicted of an offense as punishment is called __________. a) a fine b) restitution c) community service d) compensation

Answer 64

a fine

Question 65

In what type of punishment does the offender directly compensate the victim for the harm caused by the criminal offense? a) restitution b) electronic monitoring c) a fine d) community service

Answer 65

restitution

Question 66

What is the best known example of shock incarceration? a) probation b) intensive supervision probation c) parole d) boot camp

Answer 66

boot camp

Question 67

The idea that the sentence of one offender should be a warning to others is inherent in which sentencing philosophy?

Answer 67

deterrence

Question 68

Prevention of crime through the physical restraint of offenders is an idea incorporated in which of the following sentencing philosophies? a) retribution b) incapacitation c) deterrence d) rehabilitation

Answer 68

incapacitation

Question 69

Judges generally follow the sentencing recommendation provided in a probation officer’s presentence investigation report. True False

Answer 69

True

Question 70

Seriousness of offense and prior record of the defendant are the most important factors in determining normal penalties. True False

Answer 70

True

Question 71

Disparities refer to inconsistencies resulting from the decision-making process. True False

Answer 71

True

Question 72

Discrimination refers to legitimate influences on the sentencing processes. True False

Answer 72

False

Question 73

A sentencing guidelines grid allows for upward and downward departures from the guidelines True False

Answer 73

True

Question 74

One reason for high rate of imprisonment is the length of sentences. True False

Answer 74

True

Question 75

Traditionally, courts have had a very hands-on policy regarding correctional institutions. True False

Answer 75

False

Question 76

Which of the following is a primary purpose of the appellate process? a) error correction b) enforcing court orders c) enforcing judgments d) controlling discretion

Answer 76

error correction

Question 77

Most intermediate courts decide most cases in rotating panels of how many judges three b) five c) seven d) nine

Answer 77

three

Question 78

What is the name of the situation where a case is heard by all the judges on the appellate court? a) de facto b) corpus delicti c) mandamus d) en banc

Answer 78

en banc

Question 79

A court that has a choice as to whether or not to hear the appeal is said to have what kind of appellate jurisdiction? a) discretionary b) optional c) prescient d) elective

Answer 79

discretionary

Question 80

What is the appellate standard for questions of law? a) clear error b) harmless error c) deference d) de novo

Answer 80

de novo

Question 81

The error-correction function of appellate review protects against arbitrary, capricious, or mistaken legal decisions by a trial court __________. a) judge b) prosecutor c) defense attorney d) work group

Answer 81

judge

Question 82

During trials, attorneys must make timely objections to judge’s rulings on points of law, or the objection will be deemed waived. What is the name of the rule? a) contemporaneous objection rule b) on-the-record objection rule c) relinquished objection rule d) concurrent objection rule

Answer 82

contemporaneous objection rule

Question 83

The party who lost in the lower court and files the first appeal is called the __________. a) respondent b) appellee c) appellant d) complainant

Answer 83

appellant

Question 84

The written legal arguments filed with the appellate court are called __________. a) notices b) action documents c) briefs d) contentions

Answer 84

briefs

Question 85

Which U.S. Supreme Court era is known for being a benchmark in civil liberties and civil rights? a) Warren Court b) Rehnquist Court c) Burger Court d) Roberts Court

Answer 85

Warren Court

Question 86

high courts of last resort help to set justice policy through their exercise of their __________. a) discretionary appellate jurisdiction b) mandatory appellate jurisdiction c) concurrent appellate jurisdiction d) recurrent appellate jurisdiction

Answer 86

discretionary appellate jurisdiction

Question 87

What is the last of the six customary phases in the appeals process? a) filing a notice of appeal b) briefing the cases c) designating the record on appeal d) writing the opinion

Answer 87

writing the opinion

Question 88

legal error by a lower court that does not require reversal is called a(n) __________. a) harmless error b) moot error c) frivolous error d) undisrupted error

Answer 88

harmless error

Question 89

Defects seriously affecting substantial rights that are so prejudicial to a jury’s deliberations “as to undermine the fundamental fairness of the trial and bring about a miscarriage of justice” are called __________. a) consequential errors b) plain errors c) critical errors d) primary errors

Answer 89

plain errors

Question 90

How do post-conviction remedies differ from appeals? a) They may be filed only by those actually in custody. b) Post-conviction petitions may bring up issues not raised during trial. c) Many state courts allow unlimited post-conviction remedies. d) All of these answers are correct

Answer 90

They may be filed only by those actually in custody.

Question 91

The most common type of post-conviction relief is __________. a) habeas corpus b) mandamus c) de novo d) emeritus

Answer 91

habeas corpus

Question 92

The jurisdiction of the U.S. Supreme Court is almost completely discretionary. True False

Answer 92

True

Question 93

After a notice of appeal is filed, the next step in the process is for the appellate court to hear oral arguments in the case. True False

Answer 93

False

Question 94

Appeals are started when the prosecutor files a notice of appeal. True False

Answer 94

False

Question 95

The losing party in the lower court has an unlimited amount of time to file an appeal. True False

Answer 95

False

Question 96

The judge who disagrees with the majority opinion in an appeal may write a dissenting opinion. True False

Answer 96

True

Question 97

Defendants convicted of violent offenses and sentenced to lengthy prison terms are less likely to win on appeal than those convicted of less serious offenses. True False

Answer 97

True

Question 98

Oral argument provides an opportunity for face-to-face contact between the appellate judges and lawyers. True False

Answer 98

True

Question 99

The most common type of post-conviction relief is mandamus. True False

Answer 99

False

Question 100

The two primary functions of appeals are error correction and policy formation. True False

Answer 100

true