quiz 9

Most criminal cases are tried by a jury. True or False?

False

______ trials deal with issues between two private parties. a. Civil b. Administrative c. Statutory d. Criminal

a. Civil

______ refers to whether the defendant actually committed the crime. a. Factual guilt b. Procedural guilt c. Legal guilt d. Moral guilt

a. Factual guilt

Most states have rules of evidence based at least in part on the ______. a. Federal Rules of Evidence b. Criminal Evidence Act c. Bill of Rights d. Constitution

a. Federal Rules of Evidence

Which of the following is a consequence of structured sentencing? a. It led states to minimize or eliminate the use of "good time served" to reduce prison sentences. b. It increased the number of parole boards. c. It shifted the goal from retribution to rehabilitation. d. It caused states to increase the use of parole release.

a. It led states to minimize or eliminate the use of "good time served" to reduce prison sentences.

What is the outcome of most criminal trials? a. The defendant is found guilty. b. The defendant is acquitted. c. The defendant is acquitted via jury nullification. d. The trial ends in a mistrial.

a. The defendant is found guilty.

A capital case uses a ______ for the guilt and sentencing phase. a. bifurcated trial b. mitigated trial c. sequestered trial d. bench trial

a. bifurcated trial

A witness saw a man walk into a store and then leave in a hurry. The next day, the witness finds out that the store clerk was stabbed to death at approximately the same time of day that the witness observed the man leaving. This would be an example of ______. a. circumstantial evidence b. hearsay c. direct evidence d. dying declaration

a. circumstantial evidence

Jury ______ is the process of deciding guilt or lack of guilt. a. deliberation b. sequestration c. adjudication d. nullification

a. deliberation

The Crime Victims' Rights Act applies to what type of cases? a. federal cases b. victims of domestic violence only c. victims of violent crime only d. all criminal cases

a. federal cases

A judge decides to make an example out of an offender in order to dissuade other members of society from committing a similar crime. What is the goal of this punishment? a. general deterrence b. specific deterrence c. restoration d. retribution

a. general deterrence

A sentence of 10-15 years in prison is an example of a(n) ______ sentence. a. indeterminate b. structured c. three-strikes d. determinate

a. indeterminate

When a jury is isolated to prevent outside influence during a capital case, they are ______. a. sequestered b. adjudicated c. subpoenaed d. deadlocked

a. sequestered

In the high-profile 2018 trial of Paul Manafort, the jury sent a letter to the judge claiming that they could not agree on all of the 18 charges. In order to discourage a mistrial, the judge gave the jury supplemental instruction to continue deliberation. What is the supplemental instruction called? a. hung jury b. Allen charge c. nullification instructions d. deliberation

b. Allen charge

______ cases are criminal cases in which the defendant faces execution if convicted. a. Civil b. Capital c. Corporal d. Extrajudicial

b. Capital

Which of the following describes an exception to double jeopardy? a. An individual can be tried again if they were convicted of the crime in order to secure a harsher punishment. b. If the crime violated both state and federal laws, and the defendant was acquitted in a state court, they can be tried in a federal court. c. An individual may be tried after their acquittal if prosecutors discover irrefutable evidence that they were guilty of the crime. d. There are no exceptions to the double jeopardy rule.

b. If the crime violated both state and federal laws, and the defendant was acquitted in a state court, they can be tried in a federal court.

Judge Sanchez is presiding over a criminal case. After the closing arguments, she reads a state-mandated script to the jury while giving them instructions to follow as they deliberate. Based on this information, which of the following statements is accurate? a. The script makes the jury's directives much simpler in all circumstances. b. Judge Sanchez is relying on pattern jury instructions. c. The script makes Judge Sanchez's task of instructing the jury more complex than if she had written the instructions herself. d. Because Judge Sanchez followed the script, the jury will have a better understanding of the jury instructions.

b. Judge Sanchez is relying on pattern jury instructions.

Two men are convicted of burglary. One of the men receives a sentence of 5 years, while the other receives a sentence of 10 years. If the judge's decision is accurately guided by the essential sentencing concepts, what can we assume about the men? a. The man with the harsher sentence was a member of a marginalized racial group. b. The man with the harsher sentence owed a greater social debt. c. The man with the harsher sentence did not have a family to support. d. The man with the harsher sentence lacked equity.

b. The man with the harsher sentence owed a greater social debt.

In a criminal case, the prosecution has to prove the defendant's guilt ______. a. by a preponderance of the evidence b. beyond a reasonable doubt c. beyond a shadow of a doubt d. by clear and convincing evidence

b. beyond a reasonable doubt

The jury believes that the defendant is guilty. Although they are not completely free from doubt, and they do recognize that the defense's counterargument could potentially be true, the jury agrees that the chances are so remote that it is almost impossible. Based on this information, they would most likely ______. a. find the defendant guilty due to a preponderance of evidence b. find the defendant guilty beyond a reasonable doubt c. tell the judge that they are unable to decide on a verdict because some doubt exists d. acquit the defendant because there are some doubts, even though they are unlikely

b. find the defendant guilty beyond a reasonable doubt

A witness claims that she heard a friend state that the defendant is a known drug dealer. This is an example of ______. a. testimonial evidence b. hearsay c. direct evidence d. circumstantial evidence

b. hearsay

A jury determines that a defendant is guilty of drug possession, but decides to acquit because they think that the drug laws are too harsh. What is this an example of? a. a hung jury b. jury nullification c. jury tampering d. a mistrial

b. jury nullification

What is it called when the court applies a criminal sanction to a legally guilty individual? a. equity b. sentencing c. rehabilitation d. restoration

b. sentencing

Laws that require long prison sentences for persons convicted of a third felony are known as ______ laws. a. time served b. three-strikes c. split sentencing d. truth in sentencing

b. three-strikes

What document is prepared by a victim to inform the court how the crime affected them? a. victims' bill of rights b. victim impact statement c. victim testimonial d. charging document

b. victim impact statement

What type of sentencing was used by the federal government and all states prior to the 1970s? a.equitable sentencing b.indeterminate sentencing c.determinate sentencing d.mandatory maximums

b.indeterminate sentencing

In 1988, prosecutors tried Mel Ignatow for the brutal rape, torture, and murder of his girlfriend. Prosecutors relied mostly on a confession from his accomplice, but the jury didn't believe her and acquitted Ignatow of murder. Later, the new owners of his home discovered several explicit photos of the crime, proving that he did in fact murder her. Based on this case, which of the following statements would be true? a. The prosecutor established legal guilt in this case, but not factual guilt. b. There was no direct evidence of the crime, so the jury acquitted Ignatow. c. Prosecutors were not able to establish Ignatow's legal guilt, in spite of the fact that he was factually guilty of the crime. d. Because the accomplice's confession that she helped Ignatow murder his girlfriend was circumstantial evidence, the jury decided to acquit.

c. Prosecutors were not able to establish Ignatow's legal guilt, in spite of the fact that he was factually guilty of the crime.

______ is the most cited reason used by people in favor of the death penalty. a. Cost b. Safety c. Retribution d. Deterrence

c. Retribution

Research suggests that racial minorities are more likely to get harsher sentences when compared to Whites convicted of identical crimes. This would violate the sentencing concept of ______. a. proportionality b. social debt c. equity d. equality

c. equity

If a judge wishes to harshly punish a repeat offender so that they will be dissuaded from committing the crime again, what is their goal? a. general deterrence b. rehabilitation c. specific deterrence d. restoration

c. specific deterrence

Although the role of the victim has not changed over time, what has changed in the past few decades? a. the likelihood that prosecutors will push for criminal trials instead of plea bargains. b. the requirements of victims placed on them by prosecutors c. the way victims are handled by the criminal justice system d. the impact of media coverage of victims of crime.

c. the way victims are handled by the criminal justice system

______ evidence requires the judge or jury to interpret the evidence and draw conclusions about its meaning. a. Direct b. Physical c. Hearsay d. Circumstantial

d. Circumstantial

When a formal decision has been made in a legal matter, it has been ______. a. litigated b. contested c. prosecuted d. adjudicated

d. adjudicated

What is it called when a jury is unable to reach a verdict? a. runaway b .nullified c. double jeopardy d. deadlock

d. deadlock

What is the purpose of a criminal trial? a. sentence guilty defendants b. scrutinize constitutional issues c. advocate for the victim d. determine the legal guilt of the defendant

d. determine the legal guilt of the defendant

The prosecution presents surveillance camera footage showing the defendant holding a gun to the store owner's head while she hands him cash. This is an example of ______ evidence. a. testimonial b. circumstantial c. ballistic d. direct

d. direct

What is an exception to the hearsay rule that involves a statement made during a shocking or upsetting event? a. shocked declaration b. excited speech c. shocked utterance d. excited utterance

d. excited utterance

In federal criminal trials, the prosecutor gets the final opportunity to speak during ______. a. final motions b. instructions to the jury c. cross-examination d. rebuttal

d. rebuttal

A jury is selected to hear a high-profile murder case that will generate a lot of national media attention. As a result, the judge orders the jury to be ______ to minimize the chances that outside media might influence the verdict. a.removed to a different venue b.deliberated c.threatened with contempt if they consume outside media d.sequestered

d. sequestered

A paramedic tells police that a gunshot victim stated that his neighbor shot him shortly before he died. This evidence ______. a. would not be admissible in court under the hearsay rule b. would not be admissible in court as it is circumstantial c. would be admissible in court as an excited utterance d. would be admissible in court as a dying declaration

d. would be admissible in court as a dying declaration