Chapter 3

The ________ Amendment of the U.S. Constitution states that "Excessive bail shall not be required.

Eighth

One of the goals of the criminal justice system is seeking retribution for victims.

False

The Constitution never allows a judge to accept an Alford plea.

False

Incorrect is usually the last resort or final step in defendants attempting to overturn their convictions

Habeus Corpus

Explain how the rules of evidence are not designed to be of assistance in the search for truth but have other purposes; they often actually hinder the search for the truth.

The first sentence is a great start. The rest of it--not so much. You may wish to review that section of the chapter again.

In an Alford plea, the defendant pleads guilty but refuses to admit to committing the crime.

True

Plea bargaining may involve substituting a guilty plea to one offense for a trial on ________ offenses

multiple

Following the filing of a criminal complaint, the judge or magistrate may issue an arrest AnswerIncorrect.

warrant

A majority of states and the federal courts have a plea and verdict of guilty but mentally ill.

False

All states allow a plea of not guilty by reason of insanity.

False

Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial

False

If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain.

False

A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty.

True

An Information is a formal charging document issued by a prosecutor.

True

An indictment is a formal charging document issued by a grand jury.

True

Both defense attorneys and prosecutors evaluate the strength and admissibility of evidence in deciding upon strategies for handling the case.

True

In general, cases with significant evidentiary problems are likely to be weeded out.

True

In a typical conditional plea, the defendant pleads guilty but reserves the right to

appeal certain issues.

At the procedure termed ____________, the defendant will enter a formal plea to the charges.

arraignment

The formal court proceeding where the defendant pleads to the charges is called a/n AnswerCorrect.

arraignment

The greatest risk of granting AnswerIncorrect is flight.

bail

The purpose of _____ is to assure the defendant's appearance at trial.

bail

A defendant's offer to plead guilty

cannot be used as evidence if the defendant goes to trial.

A guilty plea where the defendant reserves certain rights (such as the right to appeal a legal issue) is termed a/n AnswerIncorrect plea.

conditional guilty

In terms of procedure,

felony and misdemeanor cases have exactly the same procedures.

In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead

guilty.

In many jurisdictions, before trial, a defendant charged with a felony may be entitled to a preliminary AnswerCorrect

hearing

A/n AnswerCorrect is a formal criminal charge issued by a grand jury.

indictment

A/n AnswerCorrect is a formal criminal charge issued by a prosecutor.

information

In states that do not use grand juries, the formal charging document is the

information.

The AnswerCorrect plea requires evidence of disease or defect.

insanity

Of the cases that go to trial, about 20 percent are tried before a AnswerCorrect.

judge

A no contest plea is the same as a AnswerCorrect plea.

nolo contendere

Another term for a no contest plea is a plea of

nolo contendere

If a defendant refuses to enter a plea, the court will enter a plea of

not guilty.

In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is

on the defendant to prove the defense.

The level of proof required in criminal cases is proof beyond a _________doubt

reasonable

Although an appellate court may find that errors were committed at the trial, only AnswerCorrect errors will result in a new trial.

reversible

Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) AnswerIncorrect.

sentence

A "best practice" includes a AnswerIncorrect review of evidence.

team

In most appeals,

the appeals court reviews the records for errors

An indictment is a formal criminal charge issued by

the grand jury.

In an Alford plea, the defendant pleads guilty but refuses

to admit guilt.

If a defendant wants to plead guilty, the defendant must

waive a number of rights.

In order to preserve the right to appeal an issue after entry of a guilty plea, a defendant would attempt to enter a conditional plea.

'False'

A nolo contendere plea is the same as a not guilty plea

'False'.

A guilty plea where the defendant refuses to admit committing the crime is called a/n AnswerIncorrect plea.

Alford, but nolo contender works, too

In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review.

False

In the U.S., most felony cases will ultimately be disposed of by a jury trial.

False

The rules of evidence always apply.

False

The defense of insanity is successful in a majority of cases where the defendant uses such a defense.

False Correct

Which of the following is the weakest argument in favor of guilty plea pursuant to a plea bargain?

Pleas are a more open and well-informed procedure than a trial.

In using the insanity defense, most defendants also enter a not guilty plea.

True

One of the purposes of some of the rules of evidence is to assist in finding the truth.

True

An affirmative defense is one in which the defendant

admits doing the act but claims other matters that will result in an acquittal.

Affirmative defenses include insanity, immunity, _______, and double jeopardy

entrapment