978-1305969001 Chapter 13 Part 1

subject Type Homework Help
subject Pages 9
subject Words 2982
subject Authors Joel Samaha

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page-pf1
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Page 1
1. Which type of criminal justice professional usually opposes plea bargaining?
a.
judges
b.
defense attorneys
c.
prosecutors
d.
police officers
ANSWER:
d
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.05 - Understand, and appreciate the empirical research regarding plea
bargains in and outside “the shadow of trial.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:45 AM
DATE MODIFIED:
1/5/2017 11:45 PM
2. According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:
a.
are petty and can be punished by more than six months’ imprisonment.
b.
are considered serious felonies with long imprisonment terms.
c.
are morally serious and can lead to jail time.
d.
involve sexual assault.
ANSWER:
c
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:48 AM
DATE MODIFIED:
1/5/2017 11:45 PM
3. What plea bargaining model assumes that prosecutors, judges, and defense attorneys act rationally to forecast the
outcome of a trial?
a.
b.
c.
d.
ANSWER:
a
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.05 - Understand, and appreciate the empirical research regarding plea
bargains in and outside “the shadow of trial.”
KEYWORDS:
BLOOM’S: Remember
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Page 2
DATE CREATED:
1/5/2017 6:51 AM
DATE MODIFIED:
1/5/2017 11:45 PM
4. What plea bargaining model assumes that legally irrelevant factors sometimes skew the fair allocation of punishment?
a.
b.
c.
d.
ANSWER:
b
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.05 - Understand, and appreciate the empirical research regarding plea
bargains in and outside “the shadow of trial.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:53 AM
DATE MODIFIED:
1/5/2017 11:45 PM
5. What term refers to the strongly documented finding that people don’t attempt to ruthlessly maximize utility”?
a.
voir dire
b.
prima facie
c.
moral seriousness
d.
bounded rationality
ANSWER:
d
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.05 - Understand, and appreciate the empirical research regarding plea
bargains in and outside “the shadow of trial.”
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:55 AM
DATE MODIFIED:
1/5/2017 11:45 PM
6. According to SCOTUS:
a.
the Sixth Amendment guarantees a 12-member jury.
b.
the framers clearly intended to impose the requirement of a 12-member jury on the states.
c.
the 12-member jury was an historical accident.
d.
a 12-member jury is required to arrive at a proper verdict.
ANSWER:
c
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
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Page 3
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:00 AM
DATE MODIFIED:
1/5/2017 11:45 PM
7. Concerning the functioning of 12-member juries, social scientists have found that:
a.
12-member juries are correct less often than smaller juries.
b.
12-member juries are correct more often than smaller juries.
c.
there is no difference in the reliability of verdicts between 12-member juries and smaller juries.
d.
jury verdicts cannot be studied using social science methods.
ANSWER:
b
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:01 AM
DATE MODIFIED:
1/5/2017 11:46 PM
8. Plea bargaining that involves the exchange of a guilty plea for a reduction in either the number or severity of criminal
charges is known as:
a.
sentence bargaining.
b.
charge bargaining.
c.
fact bargaining.
d.
a negotiated plea.
ANSWER:
b
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 - Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:03 AM
DATE MODIFIED:
1/5/2017 11:46 PM
9. According to SCOTUS, a jury’s verdict in a criminal case must be unanimous when there are only how many jurors?
a.
6 jurors
b.
7 jurors
c.
10 jurors
d.
12 jurors
ANSWER:
a
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Page 4
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.03 - Understand the types of verdicts juries can give, the purpose of the
unanimous verdict requirement, and the significance of jury nullification.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:04 AM
DATE MODIFIED:
1/6/2017 2:13 PM
10. What is the instruction that tells jurors they can infer that the witness’s testimony would have been unfavorable to the
prosecution?
a.
a hearsay instruction
b.
a missing witness instruction
c.
a constitutional reversible error instruction
d.
an imprisonment peremptory instruction
ANSWER:
b
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:06 AM
DATE MODIFIED:
1/5/2017 11:46 PM
11. What is the name of the group of eligible citizens from which the potential jurors are drawn?
a.
a jury panel
b.
a jury voir dire
c.
a jury sample
d.
a jury group
ANSWER:
a
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:08 AM
DATE MODIFIED:
1/5/2017 11:46 PM
12. According to the doctrine of jury nullification:
a.
courts can overturn jury acquittals.
b.
juries can acquit even if the evidence proves guilt.
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c.
juries cannot go against the weight of the evidence in criminal cases.
d.
courts cannot interfere with a verdict of guilty.
ANSWER:
b
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.03 - Understand the types of verdicts juries can give, the purpose of the
unanimous verdict requirement, and the significance of jury nullification.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:09 AM
DATE MODIFIED:
1/5/2017 11:46 PM
13. Which amendment to the Constitution protects defendants from incriminating themselves?
a.
the Third Amendment
b.
the Fourth Amendment
c.
the Fifth Amendment
d.
the Eighth Amendment
ANSWER:
c
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:11 AM
DATE MODIFIED:
1/5/2017 11:46 PM
14. Which amendment to the Constitution provides defendants with the right to a speedy trial?
a.
the Third Amendment
b.
the Eighth Amendment
c.
the Fifth Amendment
d.
the Sixth Amendment
ANSWER:
d
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:12 AM
DATE MODIFIED:
1/5/2017 11:46 PM
15. To have a valid guilty plea, a defendant who pleads guilty must:
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a.
deny mitigating factors.
b.
know beforehand the exact sentence to be given.
c.
do so voluntarily and knowingly.
d.
agree that he or she is factually guilty.
ANSWER:
c
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 - Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:14 AM
DATE MODIFIED:
1/5/2017 11:46 PM
16. Jury trials promote which of the following interests?
a.
efficiency
b.
economy
c.
procedural regularity
d.
harmony
ANSWER:
c
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:15 AM
DATE MODIFIED:
1/5/2017 11:46 PM
17. What occurs after the opening statement in a trial?
a.
jury deliberations
b.
presentation of the evidence
c.
instructions to the jury
d.
closing arguments
ANSWER:
b
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
page-pf7
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Page 7
DATE CREATED:
1/5/2017 7:17 AM
DATE MODIFIED:
1/5/2017 11:46 PM
18. Which of the following interests is promoted through guilty pleas?
a.
public participation
b.
efficiency
c.
adversarial process
d.
procedural regularity
ANSWER:
b
POINTS:
1
REFERENCES:
Chapter Introduction
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:18 AM
DATE MODIFIED:
1/5/2017 11:46 PM
19. In what case did SCOTUS hold that the Sixth Amendment only demands enough jurors to achieve the goals of a jury
trial, which are to find the truth and to allow for community participation in criminal justice decision making?
a.
Williams v. Florida
b.
Snyder v. Louisiana
c.
North Carolina v. Alford
d.
Ballew v. Georgia
ANSWER:
a
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:20 AM
DATE MODIFIED:
1/5/2017 11:46 PM
20. Which of the following best describes the purpose of opening statements?
a.
to outline the cases that the two sides hope to prove
b.
to prove the government's case
c.
to prove the defendant's theory of the case
d.
to include references to evidence that the lawyer making the opening statement knows is probably
inadmissible
ANSWER:
a
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
page-pf8
Copyright Cengage Learning. Powered by Cognero.
Page 8
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:21 AM
DATE MODIFIED:
1/5/2017 11:46 PM
21. The Sixth Amendment confrontation clause:
a.
guarantees the government the right to cross-examine the defense's witnesses.
b.
limits the government's use of physical evidence.
c.
guarantees the defense the right to cross-examine the government's witnesses.
d.
guarantees the defendant the right to compulsory process to obtain witnesses.
ANSWER:
c
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:23 AM
DATE MODIFIED:
1/5/2017 11:46 PM
22. What type of bargaining occurs if the prosecutor agrees not to challenge the defendant’s version of the facts and not to
reveal aggravating facts to the judge?
a.
fact bargaining
b.
charge bargaining
c.
plea bargaining
d.
sentence bargaining
ANSWER:
a
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 - Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:24 AM
DATE MODIFIED:
1/5/2017 11:46 PM
23. The process of picking the actual jurors by questioning the pool of potential jurors is called the:
a.
Alford process.
b.
mens rea.
c.
prima facie.
d.
voir dire.
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Page 9
ANSWER:
d
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:26 AM
DATE MODIFIED:
1/5/2017 11:46 PM
24. In Snyder v. Louisiana (2008), SCOTUS held that the trial court had violated Allen Snyder’s right to what?
a.
a jury free of race-based exclusions
b.
a jury free of gender-based exclusions
c.
a jury free of religious-based exclusions
d.
a jury free of age-based exclusions
ANSWER:
a
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:30 AM
DATE MODIFIED:
1/5/2017 11:46 PM
25. SCOTUS has ruled that a judge’s failure to ask a defendant if he or she knowingly and voluntarily entered a guilty
plea in open court:
a.
is not reversible, if there is strong evidence of the defendant’s guilt.
b.
is not reversible, if the defendant was represented by counsel during the entry of the plea.
c.
is reversible, because the judge accepted a plea without an affirmative showing that it was freely given and the
defendant knew what he or she was agreeing to.
d.
may be grounds for an appeal, if the defendant can show the judge was aware the defendant was not of sound
mind.
ANSWER:
c
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 - Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:32 AM
DATE MODIFIED:
1/5/2017 11:46 PM
page-pfa
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Page 10
26. Which of the following constitutional amendments protects the right to a public trial?
a.
the Sixth Amendment
b.
the Fifth Amendment
c.
the Fourteenth Amendment
d.
the Sixth, Fifth, and Fourteenth Amendments
ANSWER:
d
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:33 AM
DATE MODIFIED:
1/5/2017 11:46 PM
27. SCOTUS has held that guilty pleas are:
a.
unconstitutional, as there is no factual basis for the plea.
b.
constitutional, as long as they are made voluntarily and knowingly.
c.
unconstitutional, when they are obtained as a result of plea bargaining.
d.
constitutional, even if the prosecution cannot present enough evidence to establish that there is a factual basis
for the guilty plea.
ANSWER:
b
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 - Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:35 AM
DATE MODIFIED:
1/6/2017 2:14 PM
28. According to SCOTUS in North Carolina v. Alford, which is true regarding a plea of guilty?
a.
A defendant’s plea of guilty, when the defendant believes he or she is innocent, can never constitute a
voluntary guilty plea.
b.
The only constitutional requirement is that the guilty plea be voluntary.
c.
A guilty plea must consist of both a waiver of trial and an express admission of guilt.
d.
To pass constitutional muster, a guilty plea must be voluntary and intelligent.
ANSWER:
d
POINTS:
1
REFERENCES:
Conviction by Guilty Plea
page-pfb
Copyright Cengage Learning. Powered by Cognero.
Page 11
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.04 - Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:36 AM
DATE MODIFIED:
1/5/2017 11:46 PM
29. Prosecutors and defense attorneys can remove potential jurors without having a reason using the:
a.
peremptory challenge.
b.
challenge for cause.
c.
voir dire.
d.
exemption from service objection.
ANSWER:
a
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.01 - Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:38 AM
DATE MODIFIED:
1/5/2017 11:46 PM
30. When the defense agrees not to contest evidence introduced by the prosecutor, it is called a:
a.
formal agreement.
b.
judgment.
c.
presentation of evidence.
d.
stipulation.
ANSWER:
d
POINTS:
1
REFERENCES:
Trial by Jury
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.13.02 - Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:39 AM
DATE MODIFIED:
1/5/2017 11:46 PM
31. Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is
called:
a.
cross-examination.
b.
direct examination.
c.
the right to compel testimony.

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