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Court Systems Final > Final > Flashcards

Final Flashcards

1
Q

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

A

count bargain

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2
Q

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

A

charge

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3
Q

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

A

defendant agrees to plead guilty to fewer charges

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4
Q

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

A

avoiding unnecessary trials.

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5
Q

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

A

overcharge deliberately.

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6
Q

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

A

the presumption of factual guilt

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7
Q

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

A

the strength of the case

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8
Q

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

A

nolo contendere

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9
Q

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

A

Defendant pleads guilty but maintains innocence

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10
Q

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

A

Sixth Amendment

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11
Q

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

A

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

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12
Q

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

A

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

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13
Q

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

A

Santobello v. New York

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14
Q

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

A

Plea bargaining degrades the human spirit

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15
Q

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

True
False

A

False

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16
Q

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

A

True

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17
Q

The prosecutor proceeds from a position of strength in plea bargaining

True
False

A

True

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18
Q

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

True
False

A

True

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19
Q

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

True
False

A

False

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20
Q

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

A

False

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21
Q

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

True
False

A

True

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22
Q

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

True
False

A

True

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23
Q

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

A

Boykin form

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24
Q

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

A

They believe defendants get off too lightly.

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25
Q

Which of the following felonies has the highest trial rate?

a) murder
b) rape
c) assault
d) robbery

A

a) murder

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26
Q

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

A

voir dire

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27
Q

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

A

d) Magna Carta

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28
Q

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

A

c) Sixth Amendment

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29
Q

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

A

a) 6 persons

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30
Q

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

A

a change in venue

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31
Q

Challenges to jurors that require a justification are called challenges __________.

a) per se
b) for cause
c) by reason
d) at law

A

b) for cause

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32
Q

Challenges to jurors that do not require reasons are termed __________

A

peremptory challenges

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33
Q

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

A

a) race or sex

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34
Q

Criminal trials start with two presumptions: the presumption of innocence and the
presumption of ________.

a) sanity
b) fairness
c) reasonable doubt
d) justice

A

sanity

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35
Q

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

A

burden of production

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36
Q

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

A

demonstrative evidence

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37
Q

Which of the following types of evidence is generally NOT admissible at trial?

a) DNA
b) fingerprint
c) hair analysis
d) polygraph

A

polygraph

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38
Q

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

A

a) circumstantial evidence

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39
Q

Under the Daubert standard, what is the lynchpin to admissibility?

a) probability
b) validity
c) circumstance
d) reliability

A

d) reliability

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40
Q

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

A

Daubert v. Merrill-Dow Pharmaceuticals

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41
Q

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

A

Williams v. Florida

42
Q

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

True
False

A

True

43
Q

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

True
False

A

True

44
Q

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

True
False

A

True

45
Q

all persons charged with an offense for which any amount of incarceration is possible have

a right to a jury trial.
True
False

A

False

46
Q

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

True
False

A

True

47
Q

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

True
False

A

False

48
Q

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

True
False

A

True

49
Q

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

True
False

A

True

50
Q

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

A

True

51
Q

“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

A

incapacitation

52
Q

“An eye for an eye” is an example of a punishment based on __________.

a) retribution
b) rehabilitation
c) incapacitation
d) deterrence

A

retribution

53
Q

In ancient societies, the primary purpose of punishment was __________.

a) rehabilitation
b) deterrence
c) incapacitation
d) retribution

A

d) retribution

54
Q

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

A

unfairly administered

55
Q

advocates of the crime control model believe the death penalty is __________.

a) moral
b) immoral
c) inappropriate
d) ineffective

A

a) moral

56
Q

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

A

parole boards and pardons

57
Q

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

A

judicial branch of government

58
Q

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

A

indeterminate sentence

59
Q

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

A

determinate sentence

60
Q

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

A

conditions of confinement

61
Q

The most commonly used punishment in the United States is __________.

a) restitution
b) imprisonment
c) an intermediate sanction
d) probation

A

probation

62
Q

Conditions of confinement lawsuits primarily involve which Amendment to the
Constitution?

a) Fifth Amendment
b) First Amendment
c) Second Amendment
d) Eighth Amendment

A

Eighth Amendment

63
Q

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

A

treason

64
Q

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

A

a fine

65
Q

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

A

restitution

66
Q

What is the best known example of shock incarceration?

a) probation
b) intensive supervision probation
c) parole
d) boot camp

A

boot camp

67
Q

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

A

deterrence

68
Q

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

A

incapacitation

69
Q

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

True
False

A

True

70
Q

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

True
False

A

True

71
Q

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

True
False

A

True

72
Q

Discrimination refers to legitimate influences on the sentencing processes.

True
False

A

False

73
Q

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

True
False

A

True

74
Q

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

True
False

A

True

75
Q

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

True
False

A

False

76
Q

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

A

error correction

77
Q

Most intermediate courts decide most cases in rotating panels of how many judges

three
b) five
c) seven
d) nine

A

three

78
Q

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

A

en banc

79
Q

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

A

discretionary

80
Q

What is the appellate standard for questions of law?

a) clear error
b) harmless error
c) deference
d) de novo

A

de novo

81
Q

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

A

judge

82
Q

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

A

contemporaneous objection rule

83
Q

The party who lost in the lower court and files the first appeal is called the __________.

a) respondent
b) appellee
c) appellant
d) complainant

A

appellant

84
Q

The written legal arguments filed with the appellate court are called __________.

a) notices
b) action documents
c) briefs
d) contentions

A

briefs

85
Q

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

A

Warren Court

86
Q

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

A

discretionary appellate jurisdiction

87
Q

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

A

writing the opinion

88
Q

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

A

harmless error

89
Q

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

A

plain errors

90
Q

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

A

They may be filed only by those actually in custody.

91
Q

The most common type of post-conviction relief is __________.

a) habeas corpus
b) mandamus
c) de novo
d) emeritus

A

habeas corpus

92
Q

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

True
False

A

True

93
Q

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

A

False

94
Q

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

True
False

A

False

95
Q

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

True
False

A

False

96
Q

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

True
False

A

True

97
Q

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

A

True

98
Q

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

True
False

A

True

99
Q

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

True
False

A

False

100
Q

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

True
False

A

true

Court Systems Final (2 decks)

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