Criminal Courts 3
True or false: In Lafler v. Cooper (2012), the Supreme Court of the United States held that, pursuant to the 6th Amendment, defendants have the right to competent legal counsel during the plea phase of a criminal case.
True
False
True or false: A pro se defendant is a criminal defendant who is represented by an attorney.
True
False
There are two important and unique roles the courts play in the criminal justice system. The first is adjudication of criminal offenses. What is the second?
Oversight
Arrest
Appealing
Charging
The assembly line is a metaphor for Packer's due process model of the criminal justice system.
True
False
What term means "let the decision stand?"
Habeas corpus
Modus opreandi
Stare decisis
Ipso facto
Which of the following is the most common criminal court function?
Stare decisis
Precedent
Oversight
Adjudication
Primary sources of law include common law and legislative law.
True
False
The Eighth Amendment prohibits excessive bail.
True
False
Incorporation refers to the process of applying the Bill of Rights to the States.
True
False
Accused defendants must stand trial within 30 days of their arrest
True
False
The protection from double jeopardy is found in the _______________.
3rd Amendment
5th Amendment
7th Amendment
6th Amendment
Under common law, to reach out and strike a victim was classified as an assault.
True
False
Which of the following is the term for guilty act?
Corpus delicti
Mens reas
Actus reus
Ex post facto
In the federal court system, States are categorized into the eleven state circuit courts by _______________.
Population
Average yearly caseloads
Geographic location
Date they joined the union
Where did problem-solving courts originate?
In the Netherlands
In the prosecutorial arena
In the policing arena
In the prison arena
Which of the following is not a nonprosecutorial duty of prosecutors' offices?
Civil asset forfeiture
Civil support enforcement
Victim assistance
Alimony enforcement
Brady evidence is evidence that tends to favor the prosecution.
True
False
At which point in the criminal process does the right to counsel end?
After the first appeal
After all possible appeals
After the conviction
After the sentence is handed down
Judges have a great deal of discretion in deciding what conditions of probation a defendant must abide by to avoid incarceration.
True
False
What might a judge do if a jury convicts a defendant, but the trial judge believes there is insufficient evidence to support a conviction?
Appeal the conviction
Enter a directed verdict
Hold the jury in contempt of court
None of these are correct
True or false: Judges have the final say on what crime(s) a defendant is charged with in a criminal case.
True
False
Which is a judicially-created remedy for violations of the Fourth Amendment?
Subpeona duces tecum
Exclusionary rule
Compulsory process rule
Plain view doctrine
What type of discretion does the jury have in interpreting evidence and establishing the facts of a case?
No discretion
Virtually unlimited discretion
Enumerated discretion
Limited discretion
True or false: When a grand jury returns an indictment, they return what is called a "true bill."
True
False
True or false: Hearsay evidence is generally admissible in a criminal trial.
True
False
True or false: Generally, the right to confront witnesses has been interpreted to mean that the witnesses who testify against the defendant must appear at trial and confront the defendant face-to-face.
True
False
Which of the following justifications views punishment as a means to repair the harm and injury cause by the crime?
Incapacitation
Rehabilitation
Restorative justice
Deterrence
In a trial, which step does defense counsel typically take after the prosecution has rested?
The defense moves for certiorari
The defense moves for a recess
The defense moves for judgement notwithstanding the verdict
The defense moves for a directed verdict of not guilty
Under which standard of review are state actions assumed to be presumptively valid?
Rational basis
Strict scrutiny
Intermediate scrutiny
Reasonable basis
Criminal acts not considered mala in se may be considered mala prohibita based on which of the following?
Social attitudes
Gravity of the offense
Strict liability
Transferred intent
What type of murder requires no intent?
Negligent homicide
Manslaughter
Voluntary manslaughter
Felony murder
A motion to compel discovery in a criminal case is typically filed by the _______________.
Defense
Prosecution
Jury
Judge
What courts are the felony trial courts of the state court systems?
Intermediate appellate courts
Trial courts of general jurisdiction
State courts of last resort
Trial courts of limited jurisdiction
Which of the following is true of most state systems of criminal prosecution?
They rarely prosecute cases
They are centralized
They are decentralized
They follow the Simm's plan
Prosecutorial misconduct will always result in sanctions.
True
False
Exculpatory evidence is evidence that is favorable to the prosecution.
True
False
Which of the following decisions are typically not made by the defense attorney?
Whether potential jurors should be challenged for cause
Whether to employ an expert witness
Whether to accept a plea agreement
How to cross-examine prosecution witnesses
At which point in the criminal process does the right to counsel end?
After the conviction
After the sentence is handed down
After the first appeal
After all possible appeals
Attorneys hired privately by the defendant have a significantly higher rate of acquittals than court-assigned attorneys.
True
False
Which of the following is not a responsibility of a judge in a criminal court
Author legislation
Administer the law
Preside over courts
Hear legal disputes
At what stage of the process is a defendant informed by the judge of the nature of the arrest (not the actual charges)?
Voir dire
Arraignment
Initial appearance
Secondary appearance
If the prosecution has not made a sufficiently convincing case, a trial just can direct a jury to acquit, and can even overrule the rule if they should vote to convict the defendant.
True
False
Which Constitutional Amendment guarantees a defendant's right to a speedy trial?
5th Amendment
8th Amendment
4th Amendment
6th Amendment
Which Constitutional Amendment provides adult defendants with the right to reasonable bail.
5th Amendment
6th Amendment
4th Amendment
8th Amendment
What options are available to the Court if a jury engages in jury nullification?
Hold the jury in contempt of court
None
Recharge the defendant with a lesser offense
Retrial of the defendant
True or false: Jurors are encouraged to read peer-reviewed scholarly journal articles to expand their knowledge on the subjects at hand during breaks in criminal trials.
True
False
True or false: Jury nullification can be used to find a defendant not guilty.
True
False
Which of the following is the required level of proof needed for a police officer to make an arrest without a warrant?
Reasonable suspicion
Clear and convincing evidence
Preponderance of the evidence
Probable cause
Which state actually banned plea bargaining in the 1970s?
Alabama
Ashland
Kentucky
Alaska
Which of the following is an alternative to indictment by a grand jury?
Bill of Particulars
Petty Indictment
Bill of charge
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