Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
True / False
1. Values and norms do not affect the functioning of a courtroom.
a.
True
b.
False
2. Judges are part of the local legal culture.
a.
True
b.
False
3. In a workgroup, the participants share the same duties and responsibilities.
a.
True
b.
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
5. Plea bargaining is also referred to as “copping out.”
a.
True
b.
False
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
9. Prosecutors are being “soft on crime” when they engage in plea bargains.
a.
True
b.
False
10. Plea bargaining has always been publicly acknowledged by the legal community.
a.
True
b.
False
11. Plea bargaining benefits everyone involved, including the prosecutor.
a.
True
b.
False
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
13. Plea bargaining continued to occur in Tennessee even after it was banned.
a.
True
b.
False
14. Plea bargaining between defense attorney and prosecutor usually occurs in one single meeting.
a.
True
b.
False
15. Plea bargaining can occur even when the evidence against the suspect is strong.
a.
True
b.
False
16. Defendants must state that they made their pleas voluntarily in order for them to be accepted by a judge.
a.
True
b.
False
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
18. Some defendants plead guilty even when they are innocent.
a.
True
b.
False
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
21. Juries are always composed of highly educated members of the community.
a.
True
b.
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
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
24. Defendants have the right to an attorney for their first appeal.
a.
True
b.
False
25. Only about 1% of habeas corpus petitions are successful.
a.
True
b.
False
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
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
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
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
32. Ninety percent of individuals plead guilty, so few cases are actually appealed.
a.
True
b.
False
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.
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
35. Which would not be considered part of the courtroom workgroup?
a.
Bailiff
b.
Judge
c.
Attorney
d.
Clerk
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
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.
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.
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.
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.
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.
42. During plea bargaining, a multiple-offense indictment is a tactic used by a
a.
judge.
b.
prosecutor.
c.
defendant.
d.
defense attorney.
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
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.
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.
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.
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
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.
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.
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.
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.
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
57. From which population are jury pools drawn?
a.
All residents
b.
Registered voters and licensed drivers
c.
Homeowners
d.
College graduates
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
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.
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.
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.
