d.
An affirmative defense is presented.
c
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
62. _________ evidence requires that the jury infers a fact from what the witness observed.
a.
Circumstantial
b.
Direct
c.
Real
d.
Demonstrative
a
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
63. A witness observes a man stab an innocent bystander. What type of evidence would the witness offer?
a.
Circumstantial
b.
Direct
c.
Real
d.
Demonstrative
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
64. Which is not a step in the trial process?
a.
b.
c.
d.
c
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
65. 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)
a
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
66. In which case did the Supreme Court rule that juries of fewer than 12 members are permitted by the U.S. Constitution?
a.
Williams v. Florida (1970)
b.
Boykin v. Alabama (1969)
c.
North Carolina v. Alford (1970)
d.
Ricketts v. Adamson (1987)
a
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
67. 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
c
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
68. 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
Plea Bargaining
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
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 hearing the case. Both gentlemen are actually looking forward to coming to an
arrangement in this case and having lunch afterward with the judge.
69. The relationship among Ryan, Eric, and the judge is built upon mutual respect and admiration. All parties want to
work toward the same common goal. This would be referred to as
a.
a workgroup.
b.
the going rate.
c.
continuance.
d.
culture.
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
70. 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 positions dictate. This attitude would be considered
a.
working group rules
b.
the local legal culture.
c.
common practice.
d.
enculturation.
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
71. The arrangement that Ryan, Eric, and the judge are meeting to work on is a(n)
a.
condition of probation.
b.
parole meeting.
c.
injunction.
d.
plea bargain.
plea bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
72. 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 a(n)
a.
compromise.
b.
peremptatory challenge.
c.
exchange.
d.
settlement.
c
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
73. What makes the relationship between Ryan and Eric difficult sometime is that the trial process is based upon
a.
the adversary process.
b.
currying the judge’s favor.
c.
being seen as team players.
d.
the prosecutor’s discretion.
a
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
74. An adjournment of a scheduled case until a later date is called a
a.
delaying tactic.
b.
continuance.
c.
case grouping.
d.
cut rate.
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
75. The judge’s instructions to the jury occurs
a.
once both sides have presented their case.
b.
at the beginning of the trial.
c.
once after the prosecution rests and again after the defense rests.
d.
as needed throughout the trial.
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
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 select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not
sure what the outcome of this case will be considering that there is not an eyewitness to testify.
76. Eli’s client’s case was more likely to go to trial than other cases because
a.
of the media interest in the case.
b.
the district attorney is up for reelection.
c.
he was charged with murder.
d.
Eli is known as a great lawyer.
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
77. Because Eli’s client’s case is going before a judge with a reputation for “being tough on crime”, it is safe to say the
defendant will not opt for a
a.
bench trial.
b.
plea of guilty.
c.
jury trial.
d.
plea bargain.
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
78. 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
Trial: The Exceptional Case
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
79. 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 be removed by requesting a
a.
peremptory challenge.
b.
challenge for cause.
c.
voir dire.
d.
dismissal.
a
Trial: The Exceptional Case
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
80. Lacking DNA evidence and an eye witness to the crime, Eli believes the prosecutor may use his defendant’s poverty to
create a case based on the jury drawing conclusions from ______ evidence.
a.
circumstantial
b.
direct
c.
real
d.
demonstrative
a
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
Slate recently received evidence, from discovery, regarding his client who is awaiting trial for armed robbery and
attempted murder. There are two eye witness accounts, both of which identify 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.
81. Slate states that eyewitness testimony exists stating 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
c
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
82. The gun and shells that were recovered at the crime scene in Slate’s case would be considered what type of evidence?
a.
Real evidence
b.
Demonstrative evidence
c.
Direct evidence
d.
Circumstantial evidence
Trial: The Exceptional Case
ASCJ.COLE.17.11.04 – Identify the stages of a criminal trial The Law of Corrections
83. One of the witnesses became very ill just as the trial was scheduled to begin. How could the prosecutor delay the trial
until the witness has recovered?
a.
Invent a delaying tactic.
b.
Ask the judge for a continuance.
c.
Demand that justice be served.
d.
Don’t show up at the beginning of the trial.
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
Completion
84. If individuals interact in the workplace and develop norms and shared goals, this is called a(n) ________.
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
85. The local view of the proper sentence is called the _______.
going rate
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
86. For most cases, the most important step in the criminal justice process is _____.
plea bargaining
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
87. A shared understanding that creates an expectation that a guilty plea will lead to a less-than-maximum sentence is
called a(n) ______.
implicit plea bargain
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
88. A plea of guilty must be _______.
Plea Bargaining
89. In the U.S. Supreme Court case of ______, it was decided that defendants must uphold the plea agreement or suffer
the consequences.
90. In the U.S. Supreme Court case of ________, it was decided that prosecutors must fulfill their promises in regard to
plea bargains.
91. ______ evidence includes items such as weapons, fingerprints, or stolen property, which are real items used in the
commission of a crime.
92. The values and norms shared by the court community are referred to as the _______.
93. Traditionally, jury trials involve _______ -person juries.
94. _______ -member juries must vote unanimously to convict a defendant.
95. A request to a higher court to review actions taken in a completed trial is called a(n) ______.
96. Oral evidence provided by a legally competent witness is called ______.
97. Although challenges for cause fall ultimately under the judge’s control, the prosecution and defense can exert their
own control over the jury’s composition through the use of _____.
98. If a juror’s responses indicate that he or she will not be able to make fair decisions, an attorney may request a(n)
______.
99. ____ evidence is any evidence presented by jurors tto see and understand without testimony.
100. The right of the accused to a speedy and public trial is found in the _____ Amendment.
101. An attorney’s requests for delays in court proceedings are called ______.
102. Unstable _____ lack all three workgroup criteria: close working relationships, shared values, and reasons to
cooperate.
103. When plea bargaining was barred in the felony trial courts, it did not _______.
104. The local view of the proper sentence, considering the offense and the defendant’s prior record, is called the
_______.
105. In _____, the Supreme Court ruled defendants have the right to withdraw a plea if there is a just and fair reason to do
so.
106. The _____ Amendment states that the accused are entitled to a speedy and fair trial.
107. Eyewitness accounts are an example of ____ evidence.
108. Court location can affect the court’s decision-making processes in many ways. How might you expect courts in urban
and rural locations to differ? How might a change of venue be used to deal with these differences?
109. How would a ban on plea bargaining impact the U.S. criminal justice system?
110. Is the jury selection process used in U.S. courts fair to defendants? Discuss how some defendants may be
disadvantaged by the system?
111. Although most people believe the U.S. 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?
112. How do budget cuts affect prospective jurors?
113. What is the impact of new technology on jurors?
114. Compare the steps in the criminal trial to the steps in plea bargaining.
115. How do crime shows such as Crime Scene Investigation affect the choice of available juries?
116. Plea bargaining is often referred to as a necessary evil. Explain that statement in regard to the modern criminal
justice system.
117. Explain the appellate process within criminal courts.
118. Explain the purpose and participants of a working group.
119. Describe the basis for an appeal of a conviction.