Criminal Courts Final Exam 2

45

According to U.S. Census figures, blacks made up just over 12% of the population in 2010, yet they accounted for ________% of felony defendants in the most populous counties. A.) 18 B.) 61 C.) 45 D.) 29

Habeas Corpus

According to the Constitution, convictions can be challenged via a writ of: A.) Habeas Corpus B.) Corpus Delicti C.) Mens rea D.) Actus reus

Pro Se

According to the Supreme Court, criminal defendants have a constitutional right to represent themselves at trial. This is known as what type of defense? A.) Individualistic Defense B.) Self-Incriminations C.) Pro Bono D.) Pro Se

North Carolina v. Alford

An example of the pressure for innocent defendants to plead guilty was seen in: A.) Napue v. Illinois B.) Edwards v. People C.) North Carolina v. Alford D.) Santobello v. New York

80%

Approximately what percent of convicted offenders in state courts are males? A.) 80% B.) 60% C.) 40% D.) 20%

Criminal Forfeiture

As a result, a criminal court proceeding, the seizure of money, negotiable instruments, securities, property, or other things of value that was derived from or was used to facilitate a crime or criminal activity is known as: A.) Criminal Forfeiture B.) Search and Seizure C.) Civil Forfeiture D.) Intermediate Sanction

Retainer

Attorneys in criminal cases often require their clients to pay a ________, or fees paid in advance for their services. A.) Bail fee B.) Layaway C.) Bond D.) Retainer

19th

Cases referencing plea agreements go all the way back to the ________ century. A.) 19th B.) 14th C.) 18th D.) 12th

90,75

Conviction rates for indigent defendants and those with their own lawyers were about the same in Federal and State courts. About ________% of Federal defendants and ________% of the defendants in the most populous counties were found guilty regardless of the type of their attorneys. A.) 80, 60 B.) 90, 75 C.) 50, 35 D.) 100, 100

Bifurcated Trial

Determining whether or not the death penalty should be imposed is now frequently in the hands of a jury. Most state statutes call for essentially two trials, which in legal parlance is called a: A.) Bifurcated Trial B.) Dual Court System C.) Capita Trial D.) Double Jeopardy Trial

Challenges for Cause

During voir dire, both the defense and prosecution have an unlimited number of so-called ________. These are used to exclude potential jurors from service on the jury because of bias or similar reasons. A.) Peremptory Challenges B.) Challenges for Cause C.) Jury Exclusion Cards D.) Selective Jury Challenges

Exculpatory

For evidence to be considered ________, it must have a reasonable probability of affecting the outcome of the case. A.) Exculpatory B.) Valid C.) Tainted D.) Admissible

Preventive Detention

In 1970, the District of Columbia passed the first ________ statute, which authorized denial of bail to "dangerous" persons charged with certain offenses for up to 60 days. A.) Delayed Bail B.) Release on Recognizance C.) Signature Bail D.) Preventive Detention

Alaska

In 1975, which state banned the practice of plea bargaining? A.) North Dakota B.) Oklahoma C.) New Hampshire D.) Alaska

Standby Counsel

In certain circumstances, though permitting waiver of counsel, the court can require that this be available to the defendant in order to assist the accused when necessary. A.) Substitute Counsel B.) Private Counsel C.) Bail Counsel D.) Standby Counsel

Powell V. Alabama

In this 1932 case, the Supreme Court reversed the convictions of several poor defendants who were not represented by counsel at their trial. A.) Powell v. Alabama B.) Miranda v. Arizona C.) Betts v. Brady D.) Strickland v. Washington

Mapp v. Ohio

In this 1961 case, the Supreme Court decided that the exclusionary rule applied to the states. A.) Silverthorne Lumber Co. v. United States B.) Smith v. Illinois C.) Boyd v. United States D.) Mapp v. Ohio

McClesky V. Kemp

In this case, a death row inmate sough habeas corpus relief by challenging his sentence on the grounds that defendants in his state were four times more likely to be sentenced to death for killing whites than African Americans. A.) Woodson v. North Carolina B.) Furman v. Georgia C.) Roberts v. Louisiana D.) McClesky v. Kemp

Chapman v. California

In this case, the Court concluded that the test for constitutional harmless error is requiring the prosecution to prove "beyond a reasonable doubt" that the error complained of did not contribute to the verdict obtained. A.) North Carolina v. Pierce B.) Chapman v. California C.) Ford v. Wainwright D.) Kotteakos v. United States

Coker v. Georgia

In this case, the Court held that a sentence of death for the crime of rape against an adult woman was grossly disproportionate and was in violation of the Eighth and Fourteenth Amendments of the U.S. Constitution. A.) Coker v. Georgia B.) Woodson v. North Carolina C.) Thompson v. Oklahoma D.) Emmund v. Florida

Coy V. Iowa

In this case, the Supreme Court considered the constitutionality of a state law that permitted the placement of a large opaque screen between the defendant and two young girls who testified that he sexually assaulted them. A.) Maryland v. Craig B.) White v. Illinois C.) Bell v. Cone D.) Coy v. Iowa

Brady v. United States

In this case, the Supreme Court stated that "...we cannot hold that it is unconstitutional for the State to extend a benefit to a defendant who in turn extends a substantial benefit to the State..." A.) Commonwealth v. Battis B.) Brady v. United States C.) Edwards v. People D.) Santobello v. New York

Argersinger V. Hamlin

In which case did the Court extend the right to counsel to misdemeanor cases? A.) Gideon v. Wainwright B.) Powell v. Alabama C.) Betts v. Brady D.) Argersinger v. Hamlin

United States v. Ewell

In which case did the Court identify three advantages associated with a speedy trial? A.) United States v. Ewell B.) United States v. Marion C.) Waller v. Georgia D.) Barker v. Wingo

Silverthorne Lumber Co. v. United States

In which case did the Supreme Court create the fruit of the poisonous tree doctrine? A.) Silverthorne Lumber Co. v. United States B.) Weeks v. United States C.) Stack v. Boyle D.) Smith v. Illinois

Concurrent

In which type of sentence does the defendant serve time for two crimes at the same time? A.) Consecutive B.) Concurrent C.) Congruent D.) Continuing

Bench

In which type of trial is the judge both the trier of law and the trier of fact? A.) De Novo B.) Bench C.) Jury D.) Pro Se

Independent

Jurors are ________ from the court, meaning that persons other than the judge decide factual matters. A.) Omnipotent B.) Negative C.) Independent D.) Autocratic

Fraud

Males are arrested at rates much higher than females for the following crimes EXCEPT: A.) Murder B.) Rape C.) Fraud D.) Weapon Offenses

The group alleged to be excluded shares similar ethnic or socioeconomic characteristics with the defendant.

Many defendants have appealed their convictions on the ground that the jury list or panel was biased in some fashion. Which of the following is NOT a fact the defendant must prove? A.) The underrepresentation of the group is due to systemic exclusion of the group in the jury-selection process B.) The group alleged to be excluded is a "distinctive" group in the community. C.) The group alleged to be excluded shares similar ethnic or socioeconomic characteristics with the defendant. D.) The representation of this group in venires is not fair and reasonable in relation to the number of such persons in the community.

Young Adults

On the whole, most offenses are committed by: A.) Females B.) Teenagers C.) Young Adults D.) People over 40

Deposit Bail

One alternative bail release mechanism is "________," a system in which the defendant pays a percentage of the bail amount to the court. A.) Signature Bail B.) Recognizance C.) Secured Bail D.) Deposit Bail

66%

One study that analyzed California data found that what percentage of all African-American men in that state were likely to be arrested by age 30? A.) 66% B.) 77% C.) 55% D.) 44%

Five

Probation is one of the most frequent sentences handed down by judges. There are now more than ________ million people on probation. A.) Eight B.) Ten C.) Five D.) One

Repair

Restorative justice has two key concepts, one is harm and the other is ________. A.) Conciliation B.) Repair C.) Mediation D.) Arbitration

Wired

Some courts are "________," meaning they employ a variety of technologies in one setting. A.) Wired B.) Juiced C.) Strapped D.) Teched-Out

African Americans

Studies indicate that which of the following are overrepresented in the jail population? A.) Whites B.) Hispanics C.) African Americans D.) Asians

Performance, Prejudice

The Supreme Court created a two-pronged test for determining effective assistance of counsel, the ________ prong and ________ prong. A.) Competence, Passion B.) Performance, Prejudice C.) Innocence, Guilt D.) Training, Practice

Sixth

The ________ Amendment requires that defense counsel be effective during the plea negotiation process. A.) Eighth B.) Second C.) Fourth D.) Sixth

Prior Record

The appropriate sentence is based on several factors, most notably offense seriousness and the offenders: A.) Prior Record B.) Level of Education C.) Age D.) Race

6,12

The appropriate size for a jury is anywhere between ________ and ________ members. A.) 6, 16 B.) 4, 16 C.) 6, 12 D.) 2, 12

Terry V. Ohio

The decision in this case defined an articulable standards for the conduct of warrantless stop-and-frisk searches. A.) Furman v. Georgia B.) Terry v. Ohio C.) Chicago v. Morales D.) Roberts v. Louisiana

Live Testimony

The defendant's right to ________ means that witnesses physically appear in the courtroom to give their testimony. A.) Public Defense B.) The Insanity Defense C.) The Insanity Defense D.) Live Testimony

Venire

The list of grand jury members is known as the: A.) Venire B.) Compilation C.) Corpus D.) Selection

To reduce the charge against the defendant

The most straightforward and common offer from a prosecutor in securing a guilty plea is: A.) To reduce the charge against the defendant B.) To dismiss pending charges C.) A promise to recommend a particular sentence D.) A promise not to contest a point made by the defense

Guilty Pleas

The overwhelming majority of criminal convictions in the United States result from ________ rather than trials. A.) Convictions B.) Guilty Pleas C.) Improper Arrests D.) Hearsay

Fifth

The prosecution is usually barred from appealing a defendant's conviction because of the double jeopardy clause of which amendment? A.) Fourth B.) Fifth C.) Second D.) Sixth

The Government

The prosecutor is the one who charges criminal suspects in the name of: A.) Personal Belief B.) His or her law office C.) Public Opinion D.) The Government

Problem Solving

The roles of prosecutors are changing from a conviction focus to a focus on A.) A less adversarial system B.) Trial-oriented system. c.) Terrorism and homeland security. D.) Problem Solving.

Zealous Advocate

The view that a defense attorney's main concern is looking out for the client's interest; that nothing matters more to them than securing favorable plea agreements or, ideally, acquittals, is described as characterizing the defense attorney as a: A.) Jack-of-all-trades B.) Double Agent C.) Zealous Advocate D.) Beleaguered Dealer

Noncriminal Proceeding Rule

There is no Sixth Amendment constitutional right to a jury in noncriminal proceedings. This has come to be known as the: A.) Constitutional Jury Rule B.) Criminal Exclusivity Rule C.) Noncriminal Proceeding Rule D.) McKeiver Rule

Victims of Crime Act

Victims' assistance was spearheaded by the 1984 ________, which provided about $50 million each year for victim assistance programs. A.) Legal Defense Fund B.) Victims of Crime Act C.) Community Prosecution Act D.) Domestic Violence Protection Act

Judge

Voir dire typically begins with the ________ asking questions concerning potential jurors' familiarity with the case, attitudes toward one or other party to the case, demographic information, and so on. A.) Judge B.) Defense Attorney C.) Jury Consultant D.) Prosecutor

Liberation Hypothesis

When evidence is vague, jurors tend to fall back in their gut instincts. This has been termed: A.) Evidentiary Instinct B.) Liberation Hypothesis C.) Reciprocity Reflex D.) Verdict Foreshadowing

Sixth

Which amendment expressly states that the right to counsel applies in criminal prosecutions? A.) Fourth B.) Eighth C.) Sixth D.) Second

Fifth

Which amendment provides that no person "shall be compelled in any criminal case to be a witness against himself"? A.) Fifth B.) Sixth C.) Twelfth D.) Fourteenth

Fifth

Which amendment states that "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury"? A.) Fourth B.) Fifth C.) First D.) Second

Eighth

Which amendment states that "excessive bail shall not be required"? A.) Second B.) Fourth C.) Eighth D.) Fourteenth

Sixth

Which amendment states that the "accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state"? A.) Fifth B.) Fourth C.) Second D.) Sixth

Sixth

Which amendment states, in part, that "in all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defense"? A.) Fifth B.) Sixth C.) Twelfth D.) Fourteenth

Sixth

Which amendment's right to counsel applies during plea bargaining because charges have already been filed before bargaining commences? A.) Second B.) Sixth C.) Eighth D.) Fourth

Celebrated

Which cases come in two varieties: high-profile, disturbing, and potentially grizzly cases, and cases involving celebrities? A.) Low-level B.) Serial C.) Celebrated D.) Unsolved

Juror

Which characteristics include all manner of demographic factors such as age, race, employment status, and other individual variables? A.) Case B.) Procedural C.) Deliberation D.) Juror

Identity Theft

Which describes the unlawful use of another's personal identifying information? A.) Impersonation B.) Identity Theft C.) Imitation D.) Mimicking

Jury Waiver

Which gives defendants the opportunity to engage in plea negotiations in exchange for giving up their right to a jury trial? A.) Jury Emittance B.) Jury Waiver C.) Jury Selection D.) Jury Exclusion

Neutral Evaluation

Which is a method of alternative dispute resolution in which the parties make informal presentations to a neutral party, who then examines the strengths and weakness of each side's case and then informs the parties of them? A.) Arbitration B.) Mediation C.) Deposition D.) Neutral Evaluation

Harm

Which is one of two restorative justice concepts that refers to material damage to property, lost wages, physical injury, emotional damage, damaged relationships, increased fear, and a reduced sense of community experienced by victims of crime? A.) Restorative Justice B.) Repair C.) Harm D.) Conciliation

Online Deposition

Which is the alternative to the conventional process of obtaining testimony from a witness for use in court at a later date? A.) Online Deposition B.) Electronic Filing C.) Electronic Discovery D.) Deposition

District Attorney

Which is the chief local prosecutor at the county level? A.) District Attorney B.) U.S. Attorney General C.) General Prosecutor D.) Solicitor General

Electronic Filing

Which is the process of transmitting documents and other court information to the court through an electronic medium, rather than on paper? A.) Online Deposition B.) Electronic Filing C.) Deposition D.) Electronic Discovery

Deferred Prosecution

Which of the following amounts to delaying criminal charges against a suspect until he or she fulfills some obligation? A.) Deferred Prosecution B.) No-drop Prosecution C.) Diversion D.) Deferred Sentencing

Jury Consulting

Which of the following became popular during the famous case of the "Harrisburg Seven," a group of Vietnamese war protestors who were tried for several acts of civil disobedience in 1971? A.) Jury Consulting B.) Jury Panels C.) Bench Trials D.) Peremptory challenges

Peremptory Challenges

Which of the following calls for removal of potential jurors without any type of argument? A.) Challenges for Cause B.) Jury Exclusion Cards C.) Selective Jury Challenges D.) Peremptory Challenges

Booking

Which of the following consists of recording the identity of the arrestee, the time of the arrest, the offense involved, and other relevant information? A.) Booking B.) Arrest C.) Conviction D.) Detention

Jury Trial

Which of the following has been defined as a statutorily defined number of persons selected according to law and sworn to determine certain matters of fact based on evidence presented in a trial, and to render a verdict? A.) Defense Attorney B.) Defendant C.) Prosecutor D.) Jury Trial

Probable Cause

Which of the following has been defined by the Supreme Court as more than bare suspicion? A.) No-Drop Prosecution B.) Admission of Guilt C.) Self-Incrimination D.) Probable Cause

Level of Education

Which of the following is NOT a criterion used to influence a judge's decision on whether or not to grant bail? A.) Financial Status B.) Level of Dangerousness C.) Level of Education D.) Flight Risk

Immediate Reentry Into Society

Which of the following is NOT a main goal of sentencing? A.) Rehabilitation or Reformation B.) General Deterrence C.) Incapacitation D.) Immediate Reentry Into Society

The offense of driving under the influence

Which of the following is NOT a situation in which plea bargaining in California is permissible? A.) The prosecution's evidence is weak B.) The offense of driving under the influence C.) Witnesses are unavailable D.) Plea agreement does not result in a significantly reduced sentence

The suspect is allowed to leave and return at a later time for additional questioning

Which of the following is NOT an action that can occur after the Miranda warning is read? A.) The suspect agrees to talk and expresses a desire to have counsel present B.) The suspect agrees to talk without the assistance of counsel C.) The suspect refuses to talk, in which case the police questioning must stop D.) The suspect is allowed to leave and return at a later time for additional questioning

The prosecutor's winning record

Which of the following is NOT an example of an ethical dilemma a defense attorney may face? A.) The prosecutor's winning record B.) Client perjury C.) Defense receipt of physical evidence D.) A confession in confidence

Prejudice

Which of the following is NOT one of the five key reasons for which cases are treated differently as discussed in the textbook. A.) Offense seriousness B.) Prejudice C.) Notoriety D.) Attorney Competence

The correctional facility where the defendant will be placed

Which of the following is NOT something the defendant must understand in order for a plea to be intelligent (i.e., understood)? A.) The correctional facility where the defendant will be placed B.) The possible sentence or sentences associated with the charges C.) The rights he or she may waive if a guilty plea is entered D.) The nature of the charge or charges for which he or she is accused

Information

Which of the following is a written accusation submitted to the court by a prosecutor, alleging that a specified person(s) has committed a specified offense? A.) Information B.) Conviction bill C.) Indictment D.) Grant of Immunity

Innocence Project

Which of the following is an organization that seeks to exonerate wrongfully convicted persons through DNA testing? A.) Innocence Project B.) Innocence Network C.) False Positive Project D.) Wrongful Conviction Network

Exclusionary Rule

Which of the following is formally defined as the requirement that evidence obtained in violation of the Constitution during an illegal arrest, search, or other processes, cannot be used in a criminal trial? A.) Self-Incrimination B.) Exclusionary Rule C.) 80/20 D.) Unreasonable Search and Seizure

Mediator

Which of the following is trained to help disputing parties come together and reach an agreement that is satisfactory to both; however, they have no power to impose a decision on the parties? A.) Arbitrator B.) Deposer C.) Neutral evaluator D.) Mediator

Release on Recognizance

Which of the following means that the accused is released with the assumption that he or she will show up for scheduled court hearings? A.) Delayed Booking B.) Secured Bail C.) Deposit Bail System D.) Release on Recognizance

Arrest

Which of the following occurs after the police develop probable cause that the suspect committed a crime and/or they obtain an arrest warrant issued by a judicial magistrate? A.) Bail setting B.) Arrest C.) Trial D.) Conviction

Sentence Bargaining

Which of the following occurs when a defendant agrees to plead guilty in exchange for a less serious sentence? A.) Nolo contendere B.) Charge bargaining C.) Sentence bargaining D.) Plea acceptance

Bail

Which of the following occurs when the court collects a deposit from the individual being released in order to ensure that he or she appears for later scheduled hearings? A.) Incarceration B.) Bail C.) Preventive Detention D.) Release on Their Own Recognizance

U.S. Attorney

Which of the following performs actual trial work in the Federal system, and falls within the Criminal Division of the U.S. Justice Department? A.) Attorney General B.) Deputy Attorney General C.) Assistant U.S. Attorney D.) U.S. Attorney

Statutory Inducements

Which of the following refers to laws that provide lenient sentences in exchange for guilty pleas? A.) Judicial Inducements B.) Leniency Laws C.) Statutory Inducements D.) Plea Bargains

Hearsay

Which of the following refers to testimony about what a declarant who is not in court has said? A.) Skepticism B.) Hearsay C.) Confrontation D.) Approximation

Alternative Dispute Resolution

Which refers to any means of settling disputes outside the courtroom? A.) Alternative Dispute Resolution B.) Deposition C.) Arbitration D.) Mediation

Ad Hoc

Which refers to assigned counsel systems in which the judge chooses a defense attorney on a case-by-case basis? A.) Mandatory B.) Ad Hoc C.) Coordinated D.) Adversarial

Ethnicity

Which refers to differences between groups of people based on cultural customs such as language? A.) Ethnocentrism B.) Ethnicity C.) Cultural relativism D.) Race

Disparity

Which refers to the difference in how a person or group is treated that does not necessarily involve discrimination? A.) Ethnicity B.) Race C.) Disparity D.) Dependence

Deterrence

Which sentencing goal aims to discourage/prevent defendants from reoffending or committing other crimes? A.) Incapacitation B.) Retribution C.) Rehabilitation D.) Deterrence

Voir Dire

Which term means "to see what is said"? At this stage the judge, prosecutor, and defense attorney have an opportunity to "hear" potential jurors for evidence of bias. A.) Mea Culpa B.) Voir Dire C.) Venire D.) Mens Rea

Broken Windows

Which theory of crime holds that serious crime will flourish if minor problems, including misdemeanors, are not taken seriously? A.) Control balance B.) Broken Windows C.) Deterrence D.) Power control

Systematic Discrimination

Which type of discrimination occurs at all stages of the criminal justice system, as well as at all times and places? A.) Individual Acts of Discrimination B.) Contextual Discrimination C.) Systematic Discrimination D.) Institutional Discrimination

Debasement

Which type of penalties occurs when a criminal's conviction is made visible to several people with the goal of lowering the offender's social status through the performance of humiliating acts? A.) Forfeiture B.) Public-Exposure C.) Apology D.) Debasement

Defendants

Who benefits from plea bargaining because it gives them the opportunity to receive a favorable sentencing outcome? A.) Defendants B.) Juries C.) Judges D.) Prosecutors

Mitigating

________ circumstances reduce the seriousness or outrageousness of a given crime. A.) Aggravated B.) Modifying C.) Auxiliary D.) Mitigating

Rehabilitation

________ consists of a planned intervention intended to change behavior. A.) Incapacitation B.) Retribution C.) Rehabilitation D.) Deterrence