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56. Defendants must state they made their pleas voluntarily in order for them to be accepted by a judge.
a. True
b. False
57. Some believe that plea bargaining is unethical because it results in longer sentences than would have been obtained
at trial.
a. True
b. False
58. Some defendants plead guilty even when they are innocent.
a. True
b. False
59. Trials are influenced by human processes.
a. True
b. False
60. Defendants have the option to choose a bench trial dependant upon the state they reside.
a. True
b. False
61. Juries are always composed of highly educated members of the community.
a. True
b. False
62. Because jurors are carefully chosen by attorneys for each side, juries never wrongly convict or wrongly acquit any
defendants.
a. True
b. False
63. Appeals encourage judges to be careless because they know any improper ruling will be corrected at a future date.
a. True
b. False
64. Defendants have the right to attorney for their first appeal.
a. True
b. False
65. Only about one percent of habeas corpus petitions are successful.
a. True
b. False
66. Court location can affect court decision-making processes in many ways. How might you expect courts in urban
and rural locations differ? Can you think of a way in which change of venue might used to deal with these
differences?
67. Would a ban on plea bargaining improve the U.S. criminal justice system? Discuss why or why not.
68. Is the jury selection process used in U.S. courts fair to defendants? Discuss why some defendants are
disadvantaged by the system, or why you think the process results in equal justice for all.
69. While most people believe the United States court system is adversarial, in reality the judge, prosecutor, and
defense attorney work together to move cases through the system. What implications does this system have for a
defendant's due process rights?
70. How do budget cuts impact on prospective jurors?
71. What is the impact of new technology on jurors?
72. The standard used by a juror to decide if the prosecution has provided enough evidence for conviction.
a. inclination
b. reasonable doubt
c. probable cause
d. preponderance
73. Which of the following is not a strategy that a defense attorney representing a client will employ?
a. contraryevidenceisintroducedtorebutorcastdoubtonthestate’scase
b. an alibi is offered
c. an admission of guilt is offered
d. an affirmative defense is presented
74. __________ evidence requires that the jury infer a fact from what the witness observed.
a. circumstantial
b. direct
c. real
d. demonstrative
75. A witness observes a man stabbed an innocent bystander. What type of evidence would the witness offer?
a. circumstantial
b. direct
c. real
d. demonstrative
76. Which of the following is not a step in the trial process?
a. selection of the jury
b. opening statements
c. interrogation
d. jury decision
77. According to the ruling in __________, prosecutors may, for example, threaten repeat offenders with life
sentences under habitual offender statutes if they do not agree to plead guilty and accept specified terms of
imprisonment.
a. Bordenkircher v. Hayes (1978)
b. Boykin v. Alabama (1969)
c. North Carolina v. Alford (1970)
d. Ricketts v. Adamson (1987)
78. Because of their position in the justice system, _________ can define the level of their involvement in the
processing of criminal cases.
a. prosecutors
b. defense attorneys
c. judges
d. suspects
79. The _________ is the missing actor in the courtroom's workgroup process that produces plea bargains.
a. suspect
b. crime victim
c. judge
d. probation officer
80. Althoughchallengesforcausefallultimatelyunderthejudge’scontrol,theprosecutionanddefensecanexerttheir
owncontroloverthejury’scompositionthroughtheuseof_________.
81. Ifajuror’sresponsesindicatethatheorshewillnotbeabletomakefairdecisions,anattorneymayrequesta
_________.
82. ___________ evidence is any evidence presented for jurors to see and understand without testimony.
83. _________ evidence might include such objects as a weapon, business records, fingerprints, or stolen property.
84. An attorney's requests for delays in court proceedings are called ________.
85. When plea bargaining was barred in the felony trial courts, it did not _______.
86. Plea bargaining between defense counsel and prosecutor is a serious game in which friendliness and joking may
maskeffortstoadvanceeachside’scause.
a. True
b. False
87. The number of appeals in both the state and federal courts has increased during recent decades.
a. True
b. False
88. What are the stages in a criminal trial? Compare the steps in the criminal trial to the steps in plea bargaining.
89. Explain the CSI effect on jury selection. How do crime shows such as Crime Scene Investigation impact the
choice of available juries?
90. Plea bargaining is often referred to as a necessary evil. Explain that statement in regards to the modern criminal
justice system. Is plea bargaining a necessity? Why or why not?
91. Explain the appellate process within criminal courts. What are the judges searching for? Do witnesses testify?
92. Answers will vary.
93. Plea bargaining is a set of exchange relationships in which the prosecutor, the defense attorney, the defendant, and
sometimes the judge participate.
a. True
b. False
Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's
office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case
involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric
have a wonderful working relationship with the judge in this case. Both gentlemen are actually looking forward to
coming to an arrangement in this case and having lunch afterward with the judge.
94. The relationship among Ryan, Eric, and the judge is built upon mutual respect and admiration. All parties want to
work towards the same common goal. This would be referred to as _________.
a. workgroup
b. going rate
c. continuance
d. culture
95. Eric, Ryan, and the judge respect one another, which lends itself to a sense of professionalism within the confines
of the courtroom. All parties know how to act and respond as their position dictates. This attitude would be
considered the ___________.
a. going rate
b. local legal culture
c. continuance
d. culture
96. The arrangement that Ryan, Eric, and the judge are meeting to work on is a __________.
a. condition of probation
b. parole meeting
c. injunction
d. plea bargain
97. While the three men are working together to come to a plea agreement, all are trying to negotiate to receive the
best outcome for their side, which is known as an _________.
a. eddict
b. asset
c. exchange
d. increase
Eli is a public defender who is representing his client in a first degree murder case. A plea arrangement could not
be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping
to have a chance to sit jurors that will sympathize with his client, whom grew up in abject poverty and has a low iq.
Eli is not sure what the outcome to this case may be considering there is not an eyewitness to this case.
98. Eli's case was more likely to go to trial than other cases because the client is being tried for ________.
a. burglary
b. arson
c. murder
d. rape
99. Since Eli's client's case is going trial, it is safe to say he will not have a _________.
a. bench trial
b. sentence
c. jury
d. witness
100. During ________, Eli will be able to determine what biases prospective jurors may have against his client.
a. challenge for cause
b. voir dire
c. peremptory challenges
d. testimony
101. If a prospective juror states that all people who are poor are just lazy and deserve to be in prison, Eli can request
that the juror is removed by requesting a ___________.
a. peremptory challenge
b. challenge for cause
c. voir dire
d. dismissal
Slate recently received evidence, from discovery, for his client who is awaiting trial for armed robbery and
attempted murder. There are two eye witness accounts, which identifies Slate's client. There is also the weapon
used in the crime and gunshot shells. Slates is convinced his client is going to have a long trial ahead of him.
102. Slate states that his client has has eye witness testimony, which states that his client committed the crime. What
type of evidence would this be considered?
a. real evidence
b. demonstrative evidence
c. direct evidence
d. circumstantial evidence
103. The gun and shells that were recovered at the crime scene from Slate's case would be considered why type of
evidence?
a. real evidence
b. demonstrative evidence
c. direct evidence
d. circumstantial evidence
