True / False
1. Values and norms do not affect the functioning of a courtroom.
a.
True
b.
False
False
2. Judges are part of the local legal culture.
a.
True
b.
False
True
3. In a workgroup, the participants share the same duties and responsibilities.
a.
True
b.
False
False
4. The behavior of the defendant in the courtroom has no impact on how he or she is treated by the judge. Courtrooms are
fact-based environments.
a.
True
b.
False
False
5. Plea bargaining is also referred to as “copping out.”
a.
True
b.
False
True
6. A decision by the jury in a case concludes the trial process.
a.
True
b.
False
7. The substantial majority of cases go to trial.
a.
True
b.
False
8. Plea bargaining was ruled unconstitutional by the U.S. Supreme Court but it is still practiced informally.
a.
True
b.
False
False
9. Prosecutors are being “soft on crime” when they engage in plea bargains.
a.
True
b.
False
False
10. Plea bargaining has always been publicly acknowledged by the legal community.
a.
True
b.
False
False
11. Plea bargaining benefits everyone involved, including the prosecutor.
a.
True
b.
False
True
12. 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
True
13. Plea bargaining continued to occur in Tennessee even after it was banned.
a.
True
b.
False
True
14. Plea bargaining between defense attorney and prosecutor usually occurs in one single meeting.
a.
True
b.
False
False
15. Plea bargaining can occur even when the evidence against the suspect is strong.
a.
True
b.
False
True
16. Defendants must state that they made their pleas voluntarily in order for them to be accepted by a judge.
a.
True
b.
False
True
17. Some believe that plea bargaining is unethical because it results in longer sentences than would have been obtained at
trial.
a.
True
b.
False
False
18. Some defendants plead guilty even when they are innocent.
a.
True
b.
False
True
19. Trials are influenced by human processes.
a.
True
b.
False
20. Defendants might have the option to choose a bench trial depending on the state in which they reside.
a.
True
b.
False
True
21. Juries are always composed of highly educated members of the community.
a.
True
b.
False
False
22. Because jurors are carefully chosen by attorneys for each side, juries never wrongly convict or wrongly acquit any
defendants.
a.
True
b.
False
False
23. The possibility of an appeal encourages judges to be careless because they know any improper ruling will be corrected
at a future date.
a.
True
b.
False
False
Appeals
24. Defendants have the right to an attorney for their first appeal.
a.
True
b.
False
True
Appeals
25. Only about 1% of habeas corpus petitions are successful.
a.
True
b.
False
True
Appeals
26. Plea bargaining between the defense counsel and the prosecutor is a serious game in which friendliness and joking
may mask efforts to advance each side’s cause.
a.
True
b.
False
True
27. The number of appeals in both the state and federal courts has increased during recent decades.
a.
True
b.
False
28. Plea bargaining is a set of exchange relationships in which the prosecutor, the defense attorney, the defendant, and
sometimes the judge participate.
a.
True
b.
False
True
29. In Williams v. Florida, it was determined that in the case of a six-person jury, the verdict had to be unanimous.
a.
True
b.
False
False
Trial: The Exceptional Case
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
30. Instruction of the jury by the judge concludes the trial process.
a.
True
b.
False
31. Juries symbolize the rule of law and the community foundation that supports the criminal justice system.
a.
True
b.
False
True
Trial: The Exceptional Case
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
32. Ninety percent of individuals plead guilty, so few cases are actually appealed.
a.
True
b.
False
True
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
33. 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.
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
34. The _________ culture refers to 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.
a.
workgroup
b.
docket
c.
grouping
d.
local legal
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
35. Which would not be considered part of the courtroom workgroup?
a.
Bailiff
b.
Judge
c.
Attorney
d.
Clerk
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
36. Which is not characteristic of a workgroup?
a.
Interaction among members
b.
Sharing of goals
c.
Continued interaction that brings conflict
d.
Members developing a set of norms about how they will interact
c
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
37. 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.
a
The Courtroom: How It Functions
ASCJ.COLE.17.11.01 – Describe the courtroom workgroup and how it functions
38. 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.
Most cases are plea bargained.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
39. In Santobello v. New York (1971), the U.S. 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.
a
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
40. Which 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 be enrolled in prison counseling, training,
and educational programs.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
41. In Blackledge v. Allison (1976), Justice Potter Stewart argued that plea bargaining benefits
a.
only the defendant.
b.
only the prosecutor.
c.
only the judge.
d.
all concerned in a criminal case.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
42. During plea bargaining, a multiple-offense indictment is a tactic used by a
a.
judge.
b.
prosecutor.
c.
defendant.
d.
defense attorney.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
43. What is the process called in which 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
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
44. In North Carolina v. Alford (1970), the U.S. 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.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
45. In Ricketts v. Adamson (1987), the U.S. 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.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
46. 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.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
47. The right of the accused to a speedy and public trial is found in the ______ Amendment.
a.
Fifth
b.
Sixth
c.
Seventh
d.
Eighth
48. About ______ felony cases actually goes to trial.
a.
1 in 3
b.
1 in 4
c.
1 in 10
d.
1 in 20
49. A bench trial is presided over by a judge and
a.
a 6-person jury
b.
a 9-person jury
c.
a 12-person jury
d.
no jury
50. The trial process is based on
a.
the adversary process.
b.
jurisdictional territory.
c.
the courtroom players.
d.
judicial discretion.
51. Indigent offenders’ right to counsel continues through the _______ appeal.
a.
first
b.
second
c.
third
d.
fourth
a
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
52. 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.
a
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
53. A legal petition requesting that a judge examines whether an individual is being properly detained is called a(n)
a.
writ of certiorari.
b.
writ of probable cause.
c.
ex post facto writ.
d.
habeas corpus.
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
54. Which 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.
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
55. In Boykin v. Alabama(1969), the U.S. 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 of a defendant who maintains his or her
innocence.
d.
defendants must state that they are voluntarily making a plea of guilty.
Plea Bargaining
ASCJ.COLE.17.11.02 – Discuss how and why plea bargaining occurs
56. 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
a
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
57. From which population are jury pools drawn?
a.
All residents
b.
Registered voters and licensed drivers
c.
Homeowners
d.
College graduates
b
Trial: The Exceptional Case
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
58. Of all cases in which convictions are reversed, about what percentage results in a new trial ordered?
a.
2
b.
6
c.
10
d.
15
d
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
59. What popular misconception exists about the appellate process?
a.
Numerous 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.
a
Appeals
ASCJ.COLE.17.11.05 – Describe the basis for an appeal of a conviction
60. The standard used by a juror to decide if the prosecution has provided enough evidence for conviction is
a.
more likely than not.
b.
reasonable doubt.
c.
probable cause.
d.
preponderance.
b
Trial: The Exceptional Case
ASCJ.COLE.17.11.03 – Analyze how juries are chosen
61. Which is not a strategy that a defense attorney representing a client will employ?
a.
Contrary evidence is introduced to rebut or cast doubt on the state’s case
b.
An alibi is offered.
c.
An admission of guilt is offered.