Chapter 17 Fifth Amendment Right Free From Self incrimination The

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subject Authors Larry J. Siegel

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56. Today, more than of criminal convictions are estimated to result from the negotiated process of plea bargaining.
a. 60%
b. 70%
c. 80%
d. 90%
57. Which of the following would not motivate a defendant to plea bargain?
a. to reduce a sentences
b. to avoid detention and trial
c. to protect accomplices
d. to minimize cooperation
58. The first stage of the trial process involves:
a. jury selection.
b. negotiating a plea bargain.
c. charging the jury.
d. setting bail.
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59. The questioning of prospective jurors by the prosecution and defense in order to determine their appropriateness to
sit on a jury is termed:
a. venire.
b. voir dire.
c. nolle prosequi.
d. jury array.
60. Which of the following (partial) ordering of events accurately reflects the trial process?
a. charging the jury, opening statements, direct examination, redirect examination, rebuttal, closing arguments,
charging the jury, verdict
b. charging the jury, opening statements, direct examination, rebuttal, redirect examination, closing arguments,
charging the jury, verdict
c. opening statements, direct examination, cross examination, rebuttal, closing arguments, charging the jury,
verdict
d. opening statements, charging the jury, direct examination, redirect examination, rebuttal, closing arguments,
verdict
61. If a defendant is convicted, the judge normally orders a presentence investigation conducted by the
preparatory to imposing a sentence.
a. prosecuting attorney
b. probation department
c. defense attorney
d. court bailiff
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62. In the case of Baldwin v. New York, the Supreme Court held that defendants are entitled to a jury trial:
a. whenever the possibility of incarceration existed.
b. only in felony cases.
c. whenever the defendant so requested.
d. only if they face the possibility of a prison sentence of more than six months
63. The right to be protected from double jeopardy was made applicable to the states through the Fourteenth
Amendment in the case of:
a. Benton v. Maryland.
b. Baldwin v. New York.
c. Williams v. Florida.
d. Maryland v. Craig.
64. While the Fifth Amendment provides protection from double jeopardy, if an act violates the laws of two states, the
offender may be tried in each state under the:
a. equivalent sovereignty doctrine.
b. equal jurisdiction doctrine.
c. dual jurisdiction doctrine.
d. dual sovereignty doctrine.
65. Today, there approximately 150,000 full-time law enforcement officers employed at the various levels of
government in the United States.
a. True
b. False
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66. Today’s Federal Bureau of Investigation is not an investigative agenc rather, it is a police agency.
a. True
b. False
67. Recent court rulings have broadened the scope of Miranda and have reduced police leeway in their actions.
a. True
b. False
68. Contraband can be seized without a warrant if it is plain view.
a. True
b. False
69. Recent court rulings have given police greater latitude to search for and seize evidence and have eased restrictions
on how police operate.
a. True
b. False
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70. Intelligence-led policing refers to the collection and analysis of information to produce informed police decision
making at both the tactical and strategic levels.
a. True
b. False
71. The Supreme Court can word a decision so that it becomes a precedent that must be honored by all lower courts.
a. True
b. False
72. When the Supreme Court decides to hear a case it, usually grants a writ of certiorari requesting a transcript of the
case proceedings for review.
a. True
b. False
73. The judge represents the state in criminal matters that come before the courts.
a. True
b. False
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74. A prosecutor may offer a plea bargain if it is believed that the arresting officers made a serious procedural error in
securing evidence that would be brought out during pretrial motions.
a. True
b. False
75. The right to bail comes from the Eighth Amendment to the Constitution, which states that people can expect to be
released on reasonable bail in all but capital cases.
a. True
b. False
76. About 95% of all those charged with felonies plead guilty.
a. True
b. False
77. Plea bargaining is outlined in the sixth Amendment to the U.S. Constitution.
a. True
b. False
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78. Plea bargaining usually occurs between arraignment (or initial appearance, in the case of a misdemeanor) and the
onset of trial.
a. True
b. False
79. Those who favor plea bargaining argue that it actually benefits both the state and the defendant.
a. True
b. False
80. Plea bargaining became more attractive at the turn of the twentieth century, when the mechanization of
manufacture and transportation prompted a flood of complex civil cases.
a. True
b. False
81. The initial list of people chosen for jury selection is called a venire or jury array.
a. True
b. False
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82. A directed verdict means that the defense presented enough evidence to disprove all the elements of the alleged
crime.
a. True
b. False
83. After the defense concludes its case, the government may present rebuttal evidenceevidence that was not used
when the prosecution initially presented its case.
a. True
b. False
84. In the case of Gideon v. Wainwright, the Court granted the absolute right to counsel in all felony cases.
a. True
b. False
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85. What functions do police serve in society? Compare and contrast these functions at the federal, state, and county
levels.
86. Distinguish between county law enforcement and metropolitan (local) police forces.
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87. Explain the fundamentals of Miranda v. Arizona, what happens if the Miranda warning is not given, and the
requirements needed if suspects waive this right.
88. Provide four circumstances when police can search without a warrant.
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89. How have the concepts of community-oriented policing and problem-oriented policing changed the role of police?
90. Compare and contrast the structure of the state and federal court systems.
91. What is the Missouri Plan? Provide examples of how other states' systems differ from this process.
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92. Define bail and provide its origin and purpose. Include in your response how bail can contribute to inequities in the
treatment of defendants.
93. Examine the advantages and disadvantages of plea bargaining for the defendant and for the state.
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94. Explain the jury-selection process, the verdict process for jurors, and the verdict requirements that impact different
juries based upon their size.
95. Identify and discuss four legal rights a defendant has during trial.

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