b. Decisions are quickly made about bail, arraignment, pleas, and the disposition of cases.
c. It is an informal aspect of the criminal justice system.
d. Courts throughout the nation face pressure to limit the number of cases going to trial.
e. Moving cases through court quickly seems to be the main goal of many judges and attorneys during the pretrial
process.
71. Assembly-line justice is primarily a phenomenon located at which level of the court system?
a. lower criminal courts
b. federal district courts
c. lower appeals courts
d. lower civil courts
e. upper criminal courts
72. A larger number of felony defendants had their cases dismissed due to all of the following reasons EXCEPT:
a. sympathetic judges.
b. the minor nature of the charges.
c. first-time offender status.
d. lack of evidence.
73. Assembly-line justice is primarily a phenomenon which occurs during which phase of the criminal justice system?
a. during the pretrial process
b. during the trial
c. at the arraignment
d. during jury deliberations
e. during the sentencing phase
74. Assembly-line justice occurs due to all of the following reasons EXCEPT:
a. the inadequate qualifications of those within the criminal justice system.
b. too little funding.
c. too few staff.
d. too little time to give detailed attention to each case.
75. Decisions about bail, arraignment, pleas, and the disposition of John’s case will likely be made based on what process?
a. justice for all
b. assembly-line justice
c. rules of evidence
d. jurisdictional formalities
76. As John has been before the court several times, he has become quite savvy as to its personnel and procedures. As he
looks around the court he is likely to physically notice which feature of assembly-line justice?
a. the inadequate qualifications of those within the criminal justice system
b. staff with too little to do
c. too few staff
d. individualized and detailed attention given to his case
77. John was apprehended with stolen goods. Based on _____, the district attorney decides the evidence is strong enough
to uphold an arrest.
a. probable cause
b. arraignment
c. preponderance of the evidence
d. reasonable doubt
e. reasonable suspicion
78. This case ruled that a defendant can enter a guilty plea for a lesser sentence while maintaining his or her
innocence.
a. Boykin v. Alabama (1969)
b. Missouri v Frye (2012)
c. NC v. Alford (1970)
d. Ricketts v. Adamson (1987)
e. Bordenkircher v. Hayes (1978)
79. This case ruled that a prosecutor may warn that refusing a guilty plea would result in a harsher sentence.
a. Boykin v. Alabama (1969)
b. Missouri v Frye (2012)
c. NC v. Alford (1970)
d. Ricketts v. Adamson (1987)
e. Bordenkircher v. Hayes (1978)
80. Which of the following is NOT a function performed by juries?
a. prevent government oppression
b. represent diverse communities
c. generating interest in the case through real-time tweets
d. determine whether the accused is guilty or innocent
81. Which of the following types of evidence is NOT one which the prosecutor would present?
a. real evidence
b. testimony
c. direct evidence
d. circumstantial evidence
e. contrary evidence
82. Which of the following types of evidence is NOT one which the defense attorney would present?
a. real evidence
b. alibi evidence
c. contrary evidence
d. affirmative defense
83. The defense’s presentation of rebuttal witnesses occurs after which step in the trial process?
a. presentation of the defense’s evidence and witnesses
b. closing arguments by each side
c. instruction of the jury by the judge
d. sentencing
84. The first step in the trial process is:
a. presentation of the defense’s evidence and witnesses.
b. closing arguments by each side.
c. instruction of the jury by the judge.
d. opening statements by prosecution and defense.
e. selection of jury.
85. The last step in the trial process is:
a. presentation of the defense’s evidence and witnesses.
b. closing arguments by each side.
c. instruction of the jury by the judge.
d. decision by the jury.
e. selection of jury.
86. The introduction of real evidence occurs during which step in the trial process?
a. presentation of the defense’s evidence and witnesses
b. closing arguments by each side
c. instruction of the jury by the judge
d. sentencing
e. presentation of the prosecution’s evidence and witnesses
87. Appeals of criminal cases are based on questions of:
a. procedure.
b. evidence.
c. guilt and innocence.
d. victim rights.
88. An appeal is based on a claim on all of the following factors EXCEPT:
a. one or more errors of law or procedure were made during the investigation, arrest, or trial process.
b. the trial judge made errors in courtroom rulings.
c. improperly admitting evidence that the police gathered in violation of some constitutional right.
d. the judge did not instruct the jury correctly or that a guilty plea.
e. none of the above.
89. An appeal would be filed because of something that occurred in the:
a. trial court.
b. appeals court.
c. federal court.
d. Supreme Court.
e. none of the above.
90. Defendants enter a plea (guilty or not guilty) at the ________________.
91. A _______is an application to the court requesting that an order be issued to bring about a specific action.
92. The amount of money specified by a judge to be paid as a condition of pretrial release is called ________________.
93. A _______ _______ will post bail for a defendant for a fee.
94. A __________________ is a written order directing an individual to appear in court to answer a criminal charge.
95. Accused persons can be allowed to avoid pretrial incarceration if they are considered a “good risk” to appear. This is
known as _________________________.
96. The ___________________ in New York City offers loans to indigent defendants to post bail.
97. The ________________________ Act of 1984 authorized the use of preventive detention in cases where the accused
placed the public at great risk of harm.
98. Under the policy of ___________________ detention, suspects can be held without bail if there is a high risk of flight
or serious crime by the suspect.
99. _______ are often referred to as the ultimate American ghettos.
100. A shared understanding that creates an expectation that a guilty plea will lead to a less-than-maximum sentence is
called ______________ plea bargaining.
101. Plea bargaining is a set of _______ ________ in which the prosecutor, the defense attorney, the defendant, and
sometimes the judge participates.
102. A trial conducted by a judge without a jury is called a _________________ trial.
103. A ______ is a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case
and deliver a verdict of guilty or not guilty.
104. Traditionally, jury trials involve juries of _________________ people.
105. _______ _________rules that juries composed of fewer than 12 members are constitutional.
106. A juror can be dismissed from the jury panel if the prosecutor or defense attorney feels he or she cannot evaluate the
evidence against the defendant in a fair manner. This is known as a ______________________.
107. A prospective juror can be dismissed without a particular reason if an attorney decides to use a _______ _______.
108. Evidence from which a judge or juror must infer a fact is referred to as _________________.
109. An example of ________________would be an actual eyewitness account of the crime itself.
110. _____________ witnesses are called to discredit or counteract evidence presented by the opposing counsel.
111. Both the prosecution and defense make _________________ to the jury after the presentation of all the evidence.
112. The prosecutor carries the burden of proving that the defendant is guilty of a crime beyond a _______________.
113. A request to a higher court to review actions taken in a completed trial is called a(n) ___________________.
114. A writ or order requesting the release of a person being detained in prison is called a writ of ___________________.
115. When decisions are quickly made about bail, arraignment, pleas, and the disposition of cases, this is called _______.
116. When the defense may seek an order for the prosecution to share certain evidence, or for the exclusion of evidence
that was allegedly obtained through improper questioning of the suspect or an improper search, this is referred to as a
_____.
117. When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled. This decision was
upheld by the Supreme Court in the case of ____________________.
118. Presentation by the defense of evidence which disputes the evidence presented by the prosecution is called _____
evidence.
119. Appeals are based on questions of _______.
120. Appeals are filed because of something that occurred at the _____court.
Subjective Short Answer
David Thompson has just been arrested and charged with arson. This is his third charge within the last four years. He has
just recently completed probation from his last charge. David is concerned that he may not have enough cash to make bail.
121. David has been arrested and booked. At what stage of the process will he plead guilty or not guilty?
a. arraignment
b. pretrial release
c. trial
d. fact finding
e. sentencing
122. The judge sets David’s bail at $25,000 due to his prior convictions. He cannot make bail on his own. If David can
come up with $2,500 on his own, he will be able to make:
a. ROR.
b. incremental bail.
c. bail fund.
d. bail bondsperson.
e. indigent bail.
123. David is unable to locate the required money for his release. He will be forced to spend his time awaiting trial in:
a. pretrial detention.
b. prison.
c. probation
d. pretrial release.
e. parole.
124. Two days after David’s arrest, he was able to make bail. He most likely was able to do this due to:
a. ROR.
b. percentage bail.
c. bail fund.
d. bail bondsperson.
e. indigent bail.
Jimmy Johns is awaiting trial for kidnapping and a second-degree sex offense. This will be his second offense. If he goes
to trial, he could potentially spend 25 years in prison.
125. Jimmy’s attorney has recommended admitting guilt for this charge. If Jimmy does this he will receive a lesser
sentence, which would be accepting a:
a. sentence.
b. punishment.
c. plea bargain.
d. prorated bargaining tool.
e. extended sentence.
126. Jimmy informs his attorney that he is not guilty and refuses to admit guilt. He then requests to have a trial without a
jury, which is known as a:
a. jury trial.
b. bench trial.
c. innocence trial.
d. informant trial.
e. domicile trial.
127. Jimmy is later found guilty and sentenced to 20 years with the chance of parole after 10 years. Jimmy feels as though
the judge ruled unfairly and is demanding a(n):
a. appeal.
b. habeas corpus.
c. jury trial.
d. plea bargain.
Liz Rowell is prosecuting Gene Huewit for first-degree rape of a child and incest. The victim is a 7-year-old female who
was brought to the emergency room with bleeding and bruising. The lead detective learned that Mr. Huewit is the victim’s
uncle and has been molesting her for the last two months.
128. During jury selection, Ms. Rowell dismisses two jurors because they have, themselves, been victims of childhood
abuse. This is an example of:
a. jury selection.
b. challenge for cause.
c. peremptory challenge.
d. direct evidence.
e. circumstantial evidence.
129. During the second round of jury selection, Ms. Rowell dismisses juror number four because she just has a feeling that
she would not be a fair juror. She does not want to take a chance of this defendant walking free. This is an example of:
a. jury selection.
b. challenge for cause.
c. direct evidence.
d. peremptory challenge.
e. circumstantial evidence.
130. During the trial, Ms. Rowell presents to the court various photos of bruising on the victim’s buttocks and legs. This
type of evidence is referred to as:
a. direct evidence.
b. circumstantial evidence.
c. real evidence.
d. demonstrative evidence.
e. testimony.
Essay
131. Your text discusses several problems with the bail system in the United States. Identify the most serious problem and
explain why this problem is so serious. Imagine you are a lawmaker in your state. How might you recommend that this
problem be fixed?
132. Would a ban on plea bargaining improve the U.S. criminal justice system? Discuss the positives and negatives of
such a policy.
133. Juries perform several functions vital to the trial process. Select two of these six functions and explain their
importance.
134. According to your textbook, only about 1 percent of habeas corpus petitions are successful. Explain why the success
rate is so low, and suggest a possible alternative for offenders seeking relief from the courts.
135. Defendants who are awaiting trial always have the option of a bench trial. Why do most people who do not plea
bargain request a jury trial? Bench trial? What type of defendant would select either type of trial?
136. Describe the difference between direct and circumstantial evidence. Which type makes it easier to prosecute a case?
Can a case be won with only one type of evidence?
137. Explain how the appeals process works. What types of cases are typically appealed? What percentage are successful?
Why?
138. What type offender would most likely be released on his or her recognizance? Is this an equitable way to work the
justice system? What type offender would not be released on his or her recognizance?
139. Many people feel that the jury system as it is does not work. Would implementing a professional juror help alleviate
many of the current issues? Who would this benefit?
140. How does the process of voir dire help ensure a fair and unbiased jury? Do you feel that individuals are honest
during this process?
141. Describe the legal issues in plea bargaining, citing relevant Supreme Court cases.