Multiple Choice
1. In terms of procedure, _____.
a.
felony cases involve more steps than misdemeanor cases
b.
misdemeanor cases involve more protections for defendants
c.
felony and misdemeanor cases have exactly the same procedures
d.
most states require grand jury review only in misdemeanor cases
2. An indictment is a formal criminal charge issued by the _____.
a.
b.
c.
d.
3. In states that do not use grand juries, a case can begin with the filing of a(n) _____.
a.
criminal complaint
b.
information
c.
habeas corpus
d.
indictment
4. At the _____, the defendant will enter a formal plea to the charges.
a.
arraignment
b.
pretrial motions
c.
preliminary hearing
d.
coram nobis
5. Another term for a no contest plea is a plea of _____.
a.
former jeopardy
b.
guilty but mentally ill
c.
nolo contendere
d.
guilty on conditions
6. If a defendant refuses to enter a plea, the court will enter a plea of _____.
a.
not guilty
b.
guilty
c.
no contest
d.
not guilty by reason of insanity
7. In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead _____.
a.
not guilty
b.
guilty
c.
no contest
d.
double jeopardy
8. If a defendant wants to plead guilty, the defendant must _____.
a.
waive a number of rights
b.
prove to the judge that s/he is not insane
c.
be represented by an attorney
d.
have agreed to a plea bargain
9. In an Alford plea, the defendant pleads guilty while _____.
a.
still demanding a jury trial
b.
refusing to accept the court’s jurisdiction
c.
asserting his or her innocence
d.
manifestly not competent for trial
10. In a typical conditional plea, the defendant pleads guilty but reserves the right to _____.
a.
appeal certain issues
b.
a jury trial
c.
a bench trial
d.
a speedy and public trial
11. In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is on
the _____.
a.
prosecution to disprove the defense
b.
defendant to prove the defense
c.
defendant to prove the defense beyond a reasonable doubt
d.
prosecution to disprove the defense beyond a reasonable doubt
12. An affirmative defense is one in which the defendant _____.
a.
denies doing the criminal act and presents evidence of who did
b.
argues the defense of double jeopardy
c.
has agreed to a plea bargain
d.
admits the act but claims other matters that will result in an acquittal.
13. The main danger in the present system of nontrial dispositions in the form of plea bargains is that it ____.
a.
is excessively punitive
b.
takes excessive time and resources
c.
is typically very inflexible
d.
is informal and invisible
14. A defendant’s offer to plead guilty _____.
a.
cannot be used as evidence if the defendant goes to trial
b.
can be used at trial as evidence of guilt
c.
can be used as evidence at trial if the prosecution consents
d.
can be used at trial if the defendant fails to plea bargain in good faith
15. In most appeals, the _____.
a.
appeal takes the form of a new trial.
b.
appeals court reviews the records for errors.
c.
defendant usually is ordered to be acquitted.
d.
prosecution must again reprove guilt
The Trial
16. The purpose of _____ is to assure the defendant’s appearance at trial.
a.
bail
b.
presentence investigation
c.
a criminal history investigation
d.
an employment check
17. Plea bargaining may involve substituting a guilty plea to one offense for a trial on _____ offenses
a.
petty
b.
multiple
c.
misdemeanor
d.
felony
The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws
18. The _____ Amendment of the U.S. Constitution states that “Excessive bail shall not be required.
a.
Fourth
b.
Fifth
c.
Sixth
d.
Eighth
19. The level of proof required in criminal cases is proof beyond a _____doubt.
a.
rational
b.
shadow of a
c.
specific
d.
reasonable
20. Affirmative defenses include insanity, immunity, _____, and double jeopardy.
a.
entrapment
b.
incapacity
c.
inadvertency
d.
conspiracy
Case 3.1
Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and
they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in
minivan and stop the vehicle. Mall security identifies Kathy and Walt as the two suspects who shoplifted the
leather jackets. In plain view across the backseat are the stolen jackets still with the store tags and security clips
on them. Also in the minivan, in plain view, are proceeds from several other shoplifting incidents. The two are
arrested. Subsequent to their arrest 10 packets of heroin are found in the vehicle. Back at police headquarters a
criminal history check reveals that Walt has an extensive history of shoplifting and felony drug offenses. On the
over hand Kathy has no prior criminal history and just a few minor motor vehicle offenses on her record. Police
contact the store owners of the recovered proceeds and confirm 4 more shoplifting incidents each with proceeds
of $1,000.
21. In the above scenario, who was most likely involved in the initial review and evaluation of the evidence?
a.
store employees
b.
the police officers
c.
the prosecutor
d.
the initial judge
22. Because of Walt’s lengthy criminal record the judge sets bail at $ 50,000 with no 10% option. Which
Constitutional Amendment would Walt use to challenge the amount of the bail?
a.
The Sixth Amendment
b.
The Eighth Amendment
c.
The Fourth Amendment
d.
The Fifth Amendment
23. What amount of proof was required for the initial responding officers to stop Walt and Kathy in the first
place?
a.
mere suspicion
b.
reasonable suspicion
c.
probable cause
d.
proof beyond a reasonable doubt
24. What amount of proof was required for the initial responding officers to arrest Walt and Kathy in the first
place?
a.
mere suspicion
b.
reasonable suspicion
c.
probable cause
d.
proof beyond a reasonable doubt
Case 3.2
Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local highway. Sam is extremely
nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the
vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a handgun in the glove
box. He notifies his partner and Sam is immediately removed from the car and placed under arrest. As the cover
officer is securing the handgun she notices a scale, numerous empty clear plastic bags, and two partially filled
clear plastic bags containing a white powdery substance on the floor just below the glove box.
While retrieving the gun, the officer notes a very strong odor of unburnt marijuana which appear to be coming
from the rear of the car. The officer concludes that odor must be coming from the trunk, as there are no bags or
container in plain view within the passenger compartment. They search the trunk and find two pounds of raw
marijuana. The arrest and search are captured on the patrol unit dash camera system. Sam Appleton is charged
with unlawful possession of a weapon, possession of a control dangerous substance (cocaine), possession with
the intent to distribute, and possession of drug paraphernalia.
25. After being charged with several felonies and processed (booked), what is the next step in the criminal court
process for Sam?
a.
Sam’s case is referred to the grand jury to determine if a criminal complaint is to be filed against
Sam.
b.
Sam is brought before a judge for his initial appearance where he is formally red the charges, a plea
is entered and bail is set.
c.
The Officer in charge (OIC) makes a probable cause determination and sets the bail.
d.
Sam, accompanied by his attorney, meets with the prosecutor to discuss possible plea bargains.
26. Would Sam’s defense attorney have the right to see the police reports regarding Sam’s arrest prior to trail?
a.
No, this information is only required to be turned over at trial.
b.
Sam’s defense attorney would be entitled to the arrest, investigation and property reports but not the
dash camera video recording.
c.
Sam’s defense attorney would be entitled to all police reports and videos related to the arrest, but not
the laboratory results for the drugs.
d.
Sam’s defense attorney would be entitled to all police reports, videos laboratory results for the drugs
related to the arrest.
27. Prior to trial, Sam’s defense attorney challenges the admissibility of the evidence, claiming that the initial
search of the truck was in violation of the Fourth Amendment. This challenge is referred to as a(n) _____.
a.
competency hearing
b.
affirmative defense
c.
writ of habeas corpus
d.
motion to suppress
Case 3.3
Police respond to the scene of domestic violence incident which resulted in a homicide. The victim Ricky
Bobby was found underneath the wheel of his homemade monster truck, apparently run over multiple times. On
scene his wife Betty Sue Bobby, blurts out that she could not take his physical abuse and drinking any more.
Betty Sue has multiple new and old bruises on her body which claims were from Ricky continually beating her
and threatening to kill her. Witnesses report that they heard the two fighting and witnessed Ricky strike Betty
Sue several times before she ran outside. Outside they observed Betty Sue trying to get into her car but Ricky
threw her to the ground screaming that he would kill her rather than let her go. Witnesses report that Betty Sue
got into the monster truck and drove over Ricky Bobby as he stood in the way. They also tell police that she has
been seeing a doctor about her depression and takes medication to treat her depression. Police arrest Betty Sue
for the murder of her husband Ricky Bobby.
28. Prior to trial the prosecutor offers Betty Sue, through her defense attorney, a lesser charge of manslaughter.
This action is referred to as a(n) _____. red to as a(n) _____.
a.
plea bargain
b.
sentence reduction hearing
c.
Brady hearing
d.
preliminary hearing
29. At trial, the defense claims that while Betty Sue’s actions did result in Ricky Bobby’s death, she was under
extreme duress trying to escape her attacker. She was also not mentally cognizant of her actions due to the
medication she was taking. This action is referred as a(n) _____.
a.
plea bargain
b.
closing argument
c.
suppression hearing
d.
affirmative defense
d
Case 3.3
CEPC.GARD.16.3.4
30. What is the level of proof must the prosecution meet to secure a guilty verdict in a murder trial?
a.
reasonable suspicion
b.
absolute certainty
c.
proof beyond a reasonable doubt
d.
clear and convincing evidence
CEPC.GARD.16.3.4
True / False
31. Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial.
a.
True
b.
False
False
The Criminal Court Process
CEPC.GARD.16.3.1
32. In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary
hearing and grand jury review.
a.
True
b.
False
False
The Criminal Court Process
CEPC.GARD.16.3.1
33. An indictment is a formal charging document issued by a grand jury.
a.
True
b.
False
True
The Criminal Court Process
CEPC.GARD.16.3.1
34. An information is a statement by the prosecution detailing the basis on which it is believed the defendant
committed a crime.
a.
True
b.
False
True
The Criminal Court Process
CEPC.GARD.16.3.1
35. A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty.
a.
True
b.
False
True
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
36. A nolo contendere plea is the same as a not guilty plea.
a.
True
b.
False
False
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
37. The majority of states and the federal courts have a plea and verdict of guilty but mentally ill.
a.
True
b.
False
False
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
38. In the U.S., most felony cases will ultimately be disposed of by a jury trial.
a.
True
b.
False
False
The Criminal Court Process
CEPC.GARD.16.3.1
39. If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the
plea and plea bargain.
a.
True
b.
False
False
The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws
CEPC.GARD.16.3.3
40. In an Alford plea, the defendant pleads guilty but continue to assert his or her innocence.
a.
True
b.
False
True
Please a Defendant May Enter to a Criminal Charge
LEARNING OBJECTIVES:
CEPC.GARD.16.3.3
41. The Constitution requires judges to refuse to accept Alford pleas.
a.
True
b.
False
ANSWER:
False
REFERENCES:
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.1
42. In order to preserve the right to appeal an issue after entry of a guilty plea, a defendant would attempt to
enter a conditional plea.
a.
True
b.
False
ANSWER:
True
REFERENCES:
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
43. All states allow a plea of not guilty by reason of insanity.
a.
True
b.
False
False
REFERENCES:
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
44. The defense of insanity is successful in the majority of cases where the defendant uses it.
a.
True
b.
False
False
REFERENCES:
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
45. Both defense attorneys and prosecutors evaluate the strength and admissibility of evidence in deciding upon
strategies for handling the case.
a.
True
b.
False
True
CEPC.GARD.16.3.1
46. One of the goals of the criminal justice system is seeking retribution for victims.
a.
True
b.
False
False
CEPC.GARD.16.3.1
47. In general, cases with significant evidentiary problems are likely to be weeded out.
a.
True
b.
False
True
The Trial
CEPC.GARD.16.3.4
48. One of the purposes of some of the rules of evidence is to assist in finding the truth.
a.
True
b.
False
True
Evaluation and Review of Evidence
CEPC.GARD.16.3.4
49. The rules of evidence always apply.
a.
True
b.
False
False
CEPC.GARD.16.3.4
50. In using the insanity defense, most defendants also enter a not guilty plea.
a.
True
b.
False
True
Please a Defendant May Enter to a Criminal Charge
CEPC.GARD.16.3.2
Completion
51. Following the filing of a criminal complaint, the judge or magistrate may issue an arrest _____.
The Criminal Court Process
CEPC.GARD.16.3.1
52. In many jurisdictions, before trial, a defendant charged with a felony may be entitled to a preliminary _____.
CEPC.GARD.16.3.1
53. A(n) _____ is a formal criminal charge issued by a grand jury.
CEPC.GARD.16.3.1
54. A(n) _____ is a statement by the prosecution detailing the basis on which it is believed the defendant
committed a crime.
55. The formal court proceeding at which the defendant enters a plea to the charges is called a/n _____.
56. A no contest plea is the same as a _____ plea.
57. A guilty plea in which the defendant continues to assert innocence is called a/n _____ plea.
58. A guilty plea where the defendant reserves certain rights (such as the right to appeal a legal issue) is termed
a(n) _____ plea.
59. About 20% of the cases that go to trial are tried before a(n) _____.
60. A state prisoner ordinarily uses a writ of _____us in attempting to get his or her case into the federal courts.
61. Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) _____.
62. Although an appellate court may find that errors were committed at the trial, only _____ errors will result in
a new trial.
63. A “best practice” includes a _____ review of evidence.
64. The _____ plea typically requires evidence of disease or defect.
65. The greatest risk of granting _____ is flight.
Essay
66. Briefly trace the steps in a typical state felony case from commission of the crime to habeas corpus. Briefly
describe what happens at each step. What are the legal methods by which someone convicted in state court
could challenge their conviction in a federal court?
very few violations (or errors) of this type, few habeas corpus hearings are granted.
67. Define, discuss, compare, and contrast the please of guilty, not guilty, and no contest (nolo contendere).
Why would a person plead no contest rather than guilty?
the trial judge.
68. How do prosecutors and defense attorneys weigh the strength and admissibility of the evidence when
determining whether plea bargaining will be successful?
69. Assume the role of defense attorney. Would you ever encourage a client to use the insanity plea? Why or
why not? Under what circumstances? Explain your answers fully.
70. Evidence case reviews increase efficiency and lead to higher clearance rates. Discuss why these reviews are
helpful. Focus your discussion on questions about evidence that may aid in a review, i.e., physical evidence,
witnesses, suspect(s) confession(s).
71. Explain how the rules of evidence are not designed to be of assistance in the search for truth but have other
purposes; they often actually hinder the search for the truth.
72. Discuss the pros and cons of possible bail outcomes from a prosecutorial and defense attorney position.
73. Discuss the method and procedure in place for the reviewing of sentencing.