Chapter 11 when a guilty plea rests on a promise of a prosecutor

subject Type Homework Help
subject Pages 9
subject Words 1875
subject Authors Christina Dejong, Christopher E. Smith, George F. Cole

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1. The local view of the proper sentence, considering the offense and the defendant's prior record, is called the
a. local legal culture
b. going rate
c. grouping
d. local rate
2. The values and norms shared by members of a particular court community about how cases should be handled, and
the way court officials should behave is called the
a. workgroup culture
b. docket culture
c. grouping culture
d. local legal culture
3. Which of the following would NOT be considered part of the courtroom workgroup?
a. bailiff
b. judge
c. attorney
d. clerks
4. Which of the following is NOT characteristic of a workgroup?
a. interaction among members
b. sharing of goals
c. continued interaction brings conflict
d. members develop a set of norms about how they will interact
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5. What does this figure represent?
a. model of police arrest discretion
b. model of correctional sentencing
c. model of court appeals process
d. model of evidentiary standards testing
6. The research of Eisenstein and Jacob on the impact of courtroom workgroups across major cities revealed that
a. the same type of felony was handled very differently in each city
b. the same type of felony was handled the same in each city
c. different types of felonies were handled very differently in each city
d. different types of felonies were handled the same in each city
7. Which best describes how often cases are plea bargained?
a. cases are never plea bargained
b. cases are seldom plea bargained
c. less than half of all cases are plea bargained
d. a vast majority of cases are plea bargained
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8. In Santobello v. New York (1971), the United States Supreme Court ruled that
a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled
b. defendants must uphold the plea agreement or suffer the consequences
c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or
her innocence
d. defendants must state that they are voluntarily making a plea of guilty
9. Which of the following is NOT true concerning plea bargaining?
a. plea bargaining leads to expedited disposal of most criminal cases
b. plea bargaining reduces the amount of time that released suspects spend free on bail
c. plea bargaining reduces the amount of time that pretrial detainees must spend in jail
d. offenders who plead guilty to serious charges must wait longer to get in prison counseling, training, and
educational programs
10. In Blackledge v. Allison (1976), Justice Potter Stewart argued that plea bargaining
a. benefits only the defendant
b. benefits only the prosecutor
c. benefits only the judge
d. benefits all concerned in a criminal case
11. During plea bargaining, a multiple-offense indictment is a tactic used by a(n)
a. judge
b. prosecutor
c. defendant
d. defense attorney
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12. What is the process called where there is no actual bargaining between parties, but rather an expectation that a
guilty plea will lead to a less-than-maximum sentence
a. indirect plea bargaining
b. insufficient plea bargaining
c. indecisive plea bargaining
d. implicit plea bargaining
13. In North Carolina v. Alford (1970), the Court ruled that
a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled
b. defendants must uphold the plea agreement or suffer the consequences
c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or
her innocence
d. defendants must state that they are voluntarily making a plea of guilty
14. In Ricketts v. Adamson (1987), the Supreme Court ruled that
a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled
b. defendants must uphold the plea agreement or suffer the consequences
c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or
her innocence
d. defendants must state that they are voluntarily making a plea of guilty
15. According to your text, the most important factor in the decision to take a case to trial is likely to be the
a. seriousness of the charge
b. previous record of the defendant
c. quality of the defense attorney
d. ideology of the judge
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16. The right of the accused to a speedy and public trial is found in the
a. Fifth Amendment
b. Sixth Amendment
c. Seventh Amendment
d. Eighth Amendment
17. How many felony cases actually go to trial?
a. about one in three
b. about one in four
c. about one in ten
d. about one in twenty
18. A bench trial is presided over by
a. a judge and a six person jury
b. a judge and a nine person jury
c. a judge and a twelve person jury
d. a judge and no jury
19. The trial process is based upon the __________ __________.
a. adversary process
b. jurisdictional territory
c. courtroom players
d. judicial discretion
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20. Indigent offenders' right to counsel continues through the _______ appeal.
a. first
b. second
c. third
d. fourth
21. In the past decade, the number of appeals has
a. increased at both the state and federal levels
b. decreased at both the state and federal levels
c. increased at the state level, but decreased at the federal level
d. increased at the federal level, but decreased at the state level
22. A legal petition requesting that a judge examine whether an individual is being properly detained is called a(n)
a. writ of certiorari
b. writ of probable cause
c. ex post facto
d. habeas corpus
23. Which of the following is true concerning appeals?
a. most appeals by criminal defendants are successful
b. most appeals by criminal defendants are not unsuccessful
c. the number of successful appeals roughly equals the number of unsuccessful appeals
d. criminal defendants are no longer permitted to file appeals
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24. An appeal that results in reversal of the conviction normally means that the case is ________ to the lower
court for a new trial.
a. reversed
b. remanded
c. overruled
d. upheld
25. From what population are jury pools drawn?
a. all residents
b. registered voters and licensed drivers
c. homeowners
d. college graduates
26. Of all cases in which convictions are reversed, about what percentage result in a new trial ordered?
a. 2%
b. 6%
c. 10%
d. 15%
27. What popular misconception exists about the appellate process?
a. a large number of criminals are being "let off"
b. criminal defendants are no longer permitted to appeal
c. attorneys participate in the appellate process
d. the U.S. Supreme Court is considered an appellate court
28. If individuals in a workplace interact in the workplace and develop norms and shared goals, this is called a(n)
____________________.
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29. The unstable __________ lacked all three workgroup criteria: close working relationships, shared values, and
reasons to cooperate.
30. The local view of the proper sentence is called the ____________________.
31. For most cases, the most important step in the criminal justice process is ____________________.
32. A shared understanding that creates an expectation that a guilty plea will lead to a less-than-maximum sentence is
called a(n) ____________________.
33. A plea of guilty must be ____________________.
34. In the United States Supreme Court case of ____________________ v. ____________________, it was
decided that defendants must uphold the plea agreement or suffer consequences.
35. In the United States Supreme Court case of ____________________ v. ____________________, it was
decided that prosecutors must fulfill their promises in regard to plea bargains.
36. ____________________ evidence includes items such as weapons, fingerprints, or stolen property, which are
real items used in the commission of a crime.
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37. The values and norms shared by the court community is referred to as the ____________________.
38. Traditionally, jury trials involves ____________________ -person juries.
39. ____________________ -member juries must vote unanimously to convict a defendant.
40. A request to a higher court to review actions taken in a completed trial is called a(n) ____________________.
41. Oral evidence provided by a legally competent witness is called ____________________.
42. Values and norms do not affect the functioning of a courtroom.
a. True
b. False
43. Judges are part of the local legal culture.
a. True
b. False
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44. In a workgroup, the participants share the same duties and responsibilities.
a. True
b. False
45. The behavior of the defendant in the courtroom has no impact on how they are treated by the judge
a. True
b. False
46. Plea bargaining is also referred to as "copping out."
a. True
b. False
47. The substantial majority of cases go to trial.
a. True
b. False
48. Plea bargaining was ruled unconstitutional by the United States Supreme Court but it is still practiced informally.
a. True
b. False
49. Prosecutors are being "soft on crime" when they engage in plea bargains.
a. True
b. False
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50. Plea bargaining has always been publicly acknowledged by the legal community.
a. True
b. False
51. Plea bargaining benefits everyone involved, including the prosecutor.
a. True
b. False
52. Prosecutors who purport to ban plea bargaining often do not acknowledge that exceptions exist and that charge
bargaining and other negotiated resolutions continue to occur.
a. True
b. False
53. Plea bargaining continued to occur in Tennessee even after it was banned.
a. True
b. False
54. Plea bargaining between defense attorney and prosecutor usually occurs in one single meeting.
a. True
b. False
55. Plea bargaining can occur even when the evidence against the suspect is strong.
a. True
b. False

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