Business Law Chapter 6
Which of the following is an accurate statement regarding the written document "information" in a criminal procedure?
It is prepared by a prosecutor and presented to a magistrate.
With a plea of ______, the defendant does not admit guilt but agrees not to contest the charges.
nolo contendere
If the defendant pleads not guilt, his case will be heard before a ______ jury.
petit
A(n) ______ is an agreement in which the prosecutor agrees to reduce charges, drop charges, or recommend a certain sentence if the defendant pleads guilty.
plea bargin
Identify the true statements regarding post trial procedure in criminal proceedings.
- Judges are given certain factors to consider in sentencing, such as the defendant's criminal record. -The guidelines for judges to consider in sentencing for white-collar crimes have been established.
The burden of proof in a criminal trial has two elements:
the burden of production of evidence and the burden of persuasion.
What is the principle reason for bail?
to ensure that a defendant will return for trial
Which of the following is an accurate statement regarding a bench trial?
In a bench trial, the defendant has waived his or her right to a jury trial.
Purposeful:
In this state of mind, a defendant commits a crime by engaging in a specific wrongful behavior to bring about a specific wrongful result.
Knowing:
In this state of mind, a defendant commits a wrongful act if the person believes that the act is wrongful and does nothing to confirm or disconfirm this belief.
A(n) ______ is one of the reasons a defendant, even though he or she committed the physical acts alleged by the prosecution, should be excused from responsibility for those actions.
affirmative defense
When does booking occur in the criminal process?
after the defendant's arrest
Strict liability is also known as liability without ______.
fault
An indictment is a finding by a ______ that there is adequate evidence to charge a defendant.
grand jury
True or false: In 1991, there was a shift to determine sentencing, under which federal sentences are determined largely by sentencing guidelines prescribing a specific range of possible penalties for each crime.
true