Criminal Courts 2
Which indigent defense system uses a law firm to take an unknown number of cases within a specific time period for a single flat fee?
Public defender programs
Contract attorney programs
Prosecutor programs
Assigned counsel programs
Attorneys hired privately by the defendant have a significantly higher rate of acquittals than court-assigned attorneys.
True
False
According to the Supreme Court of the United States, under what circumstances does a defendant have a Constitutional right to choose a different privately-hired attorney?
If the defendant believes the attorney is incompetent
A defendant does not have that right
Defendants can choose a new attorney for almost any reason
If the attorney believes the defendant is guilty
According to the Supreme Court of the United States, when can a defense attorney legally break confidentiality?
If the attorney knows that the defendant is going to give false testimony in the trial
If the attorney knows that the defendant is untrustworthy
If the attorney knows that the defendant is guilty
Never
Which of the indigent defense systems has been condemned by the American Bar Association?
Prosecutor programs
Assigned counsel programs
Contract attorney programs
Public defender programs
Given the system of separation of powers and checks-and-balances, which branch of government has superiority over the others?
Legislative
Executive
Judicial
They are equal
Judicial impeachment is a common means of disciplining judges.
True
False
Which member of the courtroom workgroup decides whether a plea bargain will be offered to a defendant?
Judge
Defense attorney
Prosecutor
Grand jury
At what stage of the the process is the decision made regarding whether to grant bail, and if so, how much?
Voir dire
Secondary appearance
Arraignment
Initial appearance
At what stage of the process is a defendant informed by the judge of the nature of the arrest (not the actual charges)?
Initial appearance
Voir dire
Arraignment
Secondary appearance
Assuming good behavior, Article III federal judges serve lifetime appointments.
True
False
Who decides if a plea bargain will be entered to resolve a criminal case?
Prosecutor and defense attorney
Judge and grand jury
Defendant and defense counsel
Judge and prosecutor
Which of these is not a standard condition of probation?
Limitations on travel
Banishment from WalMart
Drug and alcohol testing
Substance abuse treatment
Which Constitutional Amendment provides adult defendants with the right to reasonable bail.
5th Amendment
8th Amendment
4th Amendment
6th Amendment
When does a person suspected of committing a crime transform from being a suspect to a criminal defendant?
When taken into custody
When interrogated
At the initial court appearance
When arrested
What factors will the court consider when deciding if there has been a violation of the defendant's right to speedy trial?
Length of the delay
Reason for the delay
Prejudice caused by the delay
All of these will be considered
Which of the following are jurors not typically told at the close of the trial before deliberations?
Not to consider evidence or testimony they were told by the judge to disregard
To apply the facts to the law
To consider only the facts presented
To consider how the crime impacted the victim
True or false: Peremptory challenges in a specific case are limited in number.
True
False
True or false: Jurors have always been allowed to take written notes during a criminal trial.
True
False
What is the name of the group of individuals who report to the courthouse for jury duty on a specific date and time?
Voter registration log
Venire
Master jury list
Voir dire
Which of the following pleas is used to state the desire of the defendant not to contest the charge(s)?
Standing mute
Nolo contendre
Alford plea
Guilty plea
Which of the following is not one of the primary legal factors that prosecutors use to judge convictability?
Culpability of the defendant
Seriousness of the offense
Strength of evidence in the case
Severity of possible punishment
True or false: Grand jury proceedings are open to the public
True
False
Which of the following is the primary benefit of plea bargaining?
Cases are handled quickly
All defendants get their day in court
Only the most serious cases go to trial
Only the guilty accept plea bargains
True or false: Likelihood of conviction is the primary factor that guides a prosecutor's decision whether to charge a defendant.
True
False
Which of the following is not suggested by empirical research as a major factor influencing the decisions made by a prosecutor regarding plea bargains?
Age of the defendant
Strength of the evidence
Seriousness of the offense
Criminal record of the defendant
Charges filed against a criminal defendant are outlined in an information or _______________.
Warrant
Subpoena duces tecum
Indictment
Caplas
Evidence that tends to show the defendant's innocence is known as _______________ evidence.
Procedural
Substantive
Brady
Exculpatory
In a bench trial, who determines the law to be applied?
The judge
The jury
In a bench trial, who determines the facts of the case?
The judge
The jury
Which of the following is an example of indirect evidence?
Hearsay evidence
Victim testimony
Fingerprint evidence
Eyewitness testimony
In most states within the United States, what is the maximum number of jurors that can vote to convict in order to acquit the defendant?
3
1
0
2
True or false: Hearsay evidence is generally inadmissible in a criminal trial.
True
False
True or false: Most criminal jury trials result in acquittal.
True
False
In a jury trial, who determines the law to be applied?
The judge
The jury
True or false: The privilege against self-incrimination is absolute; a defendant cannot be compelled to testify in her own criminal trial.
True
False
True or false: In federal criminal trials, juries must return with a unanimous verdict for a conviction or acquittal.
True
False
True or false: As a trend, during the past few decades crime rates fell yet incarceration rates climbed.
True
False
True or false: Judges are allowed to punish repeat offenders more severely than first-time offenders.
True
False
A bifurcated trial is one that _______________.
Allows for non-unanimity of the jury
Involves at least two co-defendants
Holds separate stages for determining guilt and punishment
Is held to charge a defendant with two or more offenses
Under which system of sentencing does a judge sentence an offender to a set range within a range established by the legislature?
Indeterminate sentencing state
Sentencing guidelines state
Determinate sentencing state
Mandatory sentencing state
A student's friend is arrested, convicted, and sentenced for shoplifting. Later, that student - although tempted - decides not to shoplift, remembering what happened to her friend. This is an example of _______________.
Reactive restraint
General deterrence
Specific deterrence
Predictive restraint
True or false: A defendant's right to file an interlocutory appeal is unlimited.
True
False
True or false: States must provide attorneys to assist offenders wishing to file a petition for a writ of habeas corpus.
True
False
If an appellate court rules in favor of the appellant (defendant below) and decides to overturn a conviction, what happens next?
The trial judge decides whether to accept the overturning
The case is dismissed
The case is remanded for a new trial
The case is remanded for resentencing
According to Bach (2009), prosecutors have an incentive to turn a blind eye to police abuse, in large part because the relationship between them and the police is _______________.
Nonexistent
Symbiotic
Special
Adversarial
According to Bach (2009), _______________ is a condition that lets cases/defendants pass through the criminal justice system unchecked and often begins before a case gets to court.
Excess adversarialism
Ordinary injustice
Lax adversarialism
Plea bargaining
Bach's (2009) hypothesis is that _______________ results when a community of legal professional becomes so accustomed to a pattern of lapses that they can no longer see their role(s) in them.
Plea bargaining
Ordinary injustice
Excess adversarialism
Lax adversarialism
Ordinary injustices, according to Bach (2009), often seem like an unfortunate collection of facts until _______________.
Prosecutorial discretion is restored
Prosecutors obtain a high level of convictions
A public venue of complaints is established in the courts
An underlying pattern is revealed
Daily collaboration among members of the courtroom workgroup rarely occurs.
True
False
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