CRJ chapter 9-13
1) Ninety-five percent of criminal cases are settled by: A) plea bargains. B) grand jury indictments. C) a verdict from the jury. D) a verdict from the judge.
A
10) In which case did the Supreme Court rule that all felony defendants, whether tried by the state or by the federal government, have the right to counsel? A) Gideon v. Wainwright B) Plessy v. Ferguson C) Mapp v. Ohio D) Miranda v. Arizona
A
18) Which of the following statements is true about a defendant waiving his or her right to a jury trial? A) The defendant must be able to explain that he or she understands what it means to waive the right to a jury trial. B) In federal cases, it is up to the defendant solely to waive his or her right to a jury trial and receive a bench trial. C) The right to a jury trial is fully waivable. D) State defendants can waive their right to a jury trial but federal defendants cannot.
A
2) The criminal justice process: A) is long and complicated. B) has four subcomponents. C) usually runs for a single day. D) is swift, severe, and certain.
A
24) Which of the following does NOT occur during a suspect's booking? A) The suspect is interrogated. B) The suspect provides personal information. C) The suspect is photographed. D) The suspect is fingerprinted.
A
27) A(n) ________ is a defendant's formal denial or admission of guilt. A) plea B) no contest C) arraignment D) indictment
A
33) A grand jury is composed of ________ members. A) 12 to 23 B) 6 to 9 C) 9 to 12 D) 15 to 25
A
43) The process in which an attorney requests that opposing counsel or other parties provide certain evidence or information is known as: A) discovery. B) exchange. C) jurisdiction. D) testimony.
A
46) Who must ensure that a plea bargain is voluntary? A) The judge B) The prosecutor C) The defense attorney D) The jury
A
49) What percentage of cases are handled through plea bargaining? A) 95 percent B) 50 percent C) 5 percent D) 79 percent
A
50) Which of the following states banned plea bargaining in 1975? A) Alaska B) Texas C) Georgia D) Montana
A
55) Which constitutional amendment applied the due process clause to the federal government? A) The Fifth Amendment B) The Fourteenth Amendment C) The Eighth Amendment D) The Fourth Amendment
A
57) ________ due process is the concept that the processes and methods used to try people for crimes cannot be arbitrary or unfair. A) Procedural B) Substantive C) Automatic D) Total
A
58) ________ due process means that the government cannot unfairly, or without just cause, deprive people of certain liberties. A) Substantive B) Total C) Procedural D) Automatic
A
67) Larry's fingerprints were found on the murder weapon that was used in the murder of his wife, Jennifer. This is ________ evidence. A) circumstantial B) hearsay C) real D) direct
A
72) John Jones is on trial for murder. Because his potential punishment is the death penalty, his case has to proceed in two separate phases. The second phase is the: A) penalty phase. B) guilt phase. C) capital phase. D) conviction phase.
A
8) One of the duties of probation officers is to complete a ________, which contains information that judges use when sentencing offenders. A) presentence investigation report B) probation report C) conviction review D) sentencing review
A
1) A writ of habeas corpus is a: A) writ requesting that a new attorney represent the offender. B) writ requesting a judge to determine if a person is being held unconstitutionally. C) writ requesting that an offender be sent to a rehabilitation center instead of being sentenced to jail. D) judicial order requiring that a judge drop the charges against a defendant.
B
10) In addition to the presentence investigation report, a judge will also often consider a(n) ________ when sentencing an offender. A) statement by the offenders B) victim impact statement C) amicus curiae brief D) habeas corpus petition
B
11) When does a defendant NOT have the right to an attorney? A) At his or her preliminary hearing B) At his or her habeas corpus proceedings C) During a police interrogation after he or she is charged with a crime D) At his or her sentencing hearing
B
12) Which of the following is an example of a showup? A) John shows up at the police department to report a crime. B) John is sitting in the back of a police car, and the police are showing John to a witness. C) John is one of the individuals in a photograph line-up identification. D) John is on trial, and the prosecutor is asking the victim to identify the suspect in the case.
B
13) In which of the following situations would an individual have the right to counsel? A) A defendant facing 2 years of probation for committing a felony B) A defendant facing a 6-month jail sentence for a misdemeanor C) A defendant facing a $1,000 fine D) A convicted offender in prison facing a loss of his or her gain time
B
14) Which of the following statements is FALSE about the right to a speedy trial? A) Crime victims also benefit from a speedy trial. B) If the right to a speedy trial is violated, all defendants will go free, except for murder suspects because their crimes are serious. C) The right to a speedy trial ensures that defendants who cannot make bail do not sit in jail for years without ever facing trial. D) A defendant can waive his or her right to a speedy trial in order to have more time to prepare his or her defense.
B
15) Who has the right to a jury trial? A) A plaintiff in a civil lawsuit who is asking for a $1 million settlement B) A defendant in a misdemeanor criminal case who is facing 9 months in jail C) A defendant in a felony case who is facing a large fine D) A defendant in a misdemeanor criminal case who is facing 3 months in jail
B
13) People who feel that we should "lock criminals up and throw away the key" are promoting the goal of: A) rehabilitation. B) retribution. C) incapacitation. D) deterrence.
C
16) Some defense attorneys request that the trial be moved to another location because the case may have too much publicity in the current jurisdiction. What is this request called? A) Change of trial B) Change of jurisdiction C) Change of venue D) Change of location
C
17) According to the U.S. Supreme Court, how many jurors are required to serve on a jury for a state felony criminal trial? A) At least 12 jurors B) At least 3 jurors C) At least 6 jurors D) At least 9 jurors
C
19) All of the following are examples of hearsay evidence EXCEPT: A) "My husband, who is a police officer, told me that he heard that Johnny was a drug dealer." B) "Doug told me that he heard from Seth that Johnny killed his wife." C) "I saw the defendant, Johnny, kill his wife." D) "My husband told me that he heard the defendant say that he robbed the bank."
C
66) Eyewitness testimony and videotape documentation are examples of ________ evidence. A) real B) circumstantial C) direct D) hearsay
C
69) Which of the following statements is true about the order of a criminal trial? A) Both attorneys present their case-in-chief before any cross-examination. B) The lawyers give their opening statements to a group of qualified juries that may be selected during jury selection. C) Once the prosecution finishes the direct examination, the defense may choose to cross-examine the prosecution's witnesses. D) The defense attorney will make the first opening statement.
C
7) How is there a disparity in granting bail? A) Offenders without homes are denied bail because they do not own a home and will have to stay in jail prior to their trial. B) Property offenders are more often denied bail than violent offenders. C) Defendants who are poor will have to stay in jail prior to their trial. D) Habitual offenders are never released on bail.
C
23) A criminal case typically begins with a(n): A) arrest. B) verdict. C) subpoena. D) injunction.
A
15) You are working for an agency that presents a program to high school students about the dangers of illicit drugs. Your presentation includes information about the possible punishments that could be imposed if the students are caught in possession of or distributing these drugs, in an effort to prevent them from becoming involved with drugs. The type of deterrence this program is focusing on is: A) absolute. B) general. C) specific. D) rational.
B
17) Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused a plea bargain and insisted that the case go to trial, where he was convicted by the jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of 36 months in prison with an additional 24 months to be spent on parole upon his release. The document that contained relevant information about Frank (employment status, mental health status, prior criminal record, etc.) that was used by the judge to determine his sentence is called a(n): A) offender investigation report. B) presentence investigation report (PSI). C) sentencing document. D) conviction report.
B
18) Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused a plea bargain and insisted that the case go to trial, where he was convicted by the jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of 36 months in prison with an additional 24 months to be spent on parole upon his release. The type of sentence that Frank received (3 years) is referred to as a(n): A) indeterminate sentence. B) determinate sentence. C) range sentence. D) sentencing disparity.
B
21) Which of the following is an example of double jeopardy? A) Michael kidnaps Sally in Florida and takes her to Georgia. Michael is tried in both Florida and federal court. B) Michael kidnaps Sally in Florida and takes her to Georgia. Michael is tried in Florida and acquitted. The state prosecutor takes the case to trial again with new evidence from the Georgia police. C) Michael kidnaps Sally in Florida and takes her to Georgia. Michael is tried in both Florida and Georgia. D) Michael kidnaps Sally in Florida and takes her to Georgia. Michael is tried criminally in Florida, and Sally files a federal civil lawsuit against Michael.
B
22) The two types of deterrence are ________. A) absolute and general B) general and specific C) absolute and specific D) general and determinate
B
26) A(n) ________ is a hearing before a judge or magistrate during which the complaint is formally read. A) preliminary hearing B) arraignment C) grand jury hearing D) booking
B
28) All of the following are possible pleas entered EXCEPT: A) no contest. B) no action. C) guilty. D) not guilty.
B
32) All defendants in ________ are entitled to a grand jury under the Fifth Amendment. A) state civil lawsuits B) federal felony cases C) state felony cases D) federal civil lawsuits
B
35) How are members of a grand jury usually selected? A) From a list of volunteers B) From voter lists C) Recommendations of prosecutors D) From a list of law school graduates
B
4) Which of the following statements is true about the death penalty for juveniles and individuals with an intellectual disability? A) The execution of juveniles is unconstitutional, but the execution of individuals with an intellectual disability is constitutional. B) The execution of both juveniles and individuals with an intellectual disability is unconstitutional. C) The execution of juveniles is constitutional, but the execution of individuals with an intellectual disability is unconstitutional. D) The execution of both juveniles and individuals with an intellectual disability is constitutional.
B
40) Which of the following statements is true about preliminary hearings? A) The prosecutor has to present all of the evidence available to him. B) The judge presides over the hearings. C) The grand jury presides over the hearings. D) The defense presents all its evidence.
B
5) The Latin phrase habeas corpus translates to: A) dead body. B) you have the body. C) bring the body forward. D) the body belongs to the state.
B
51) A preliminary hearing is held to: A) allow the defendant to enter a plea. B) determine if there is probable cause to take the defendant to trial. C) determine the innocence of the defendant. D) release the defendant on bail.
B
53) Which of the following is the standard of proof required to win a civil lawsuit? A) A clear and convincing evidence B) A preponderance of the evidence C) Beyond a reasonable doubt D) All of the answers are correct.
B
54) Which constitutional amendments contain the due process clause? A) The Fourth and Fourteenth Amendments B) The Fifth and Fourteenth Amendments C) The Eighth and Fourteenth Amendments D) The Fifth and Eighth Amendments
B
65) In a trial, State Attorney Daniels has given sufficient proof of all elements of the crime. The jury must find the defendant: A) uncontested. B) guilty. C) innocent. D) not guilty.
B
68) ________ refers to a jury that is kept separate from outside contact during a trial. A) The due process clause B) Sequestered C) Arraignment D) Mistrial
B
9) In which of the following situations would an individual have Sixth Amendment protections? A) A burglar who was caught going into a jewelry store and was arrested by police B) a member who has formal charges filed against him by the state prosecutor and its release on bail C) A drug dealer whom the police are investigating D) A robber who was arrested by police and is being transported to the county jail
B
11) A punishment inflicted on a person who "deserves" to be punished achieves the goal of: A) incapacitation. B) rehabilitation. C) retribution. D) deterrence.
C
2) Steven Smith, an African American, was convicted of murdering a victim who was White. Steven received a death sentence and was awaiting his execution in Texas. As a last resort, Steven argued in court that he was being detained illegally and requested the court to either release him or review his case to determine the legality of his confinement. This appeal was successful. As a result of his successful appeal challenging the legality of his confinement, what likely happened to Steven? A) He was released from prison. B) He was executed. C) He received a new trial. D) His sentence was converted to life in prison.
C
20) Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused a plea bargain and insisted that the case go to trial, where he was convicted by the jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of 36 months in prison with an additional 24 months to be spent on parole upon his release. The above-mentioned document included a possible range of sentences that the judge could choose from. For this crime, the potential sentence range was between 36 and 48 months in prison. This type of model, which requires a judge to choose a sentence from within sentencing guidelines, is referred to as the: A) determinate sentencing model. B) indeterminate sentencing model. C) presumptive sentencing model. D) mandatory sentencing model.
C
20) Sally called 9-1-1 to report that her husband Mark was just shot by Mary. Who would have to be a witness to testify about the phone call that Sally made to the police? A) Sally B) The responding police officer C) The 9-1-1 operator D) Mark
C
22) According to a recent U.S. Supreme Court decision, who is allowed to testify via one-way closed-circuit television and not in an actual courtroom? A) Witnesses who do not speak English and need a translator B) Police officers C) Children abused by the accused D) Lower-level drug dealers
C
24) Many states require judges to sentence certain offenders (often drug offenders or those who use a firearm in the commission of their crime) to a specific minimum sentence, referred to as a(n): A) presumptive sentence. B) indeterminate sentence. C) statutory minimum sentence. D) determinate sentence.
C
28) Recent research comparing sentences in time periods with and without sentencing guidelines found that female offenders: A) receive harsher sentences than male offenders. B) receive more lenient sentences than male offenders. C) receive sentences that are equal to those for male offenders. D) are hardly ever sentenced to prison.
C
3) Tommy is arrested on charges of attempted murder. He goes to his bail hearing in a small state court in Texas. At the bail hearing, the judge rules that Tommy's bail is $5 million. Tommy claims that this is a violation of his Eighth Amendment rights. The judge still denies his request for lesser bail. Why can the judge impose such a high bail for Tommy? A) The Supreme Court has ruled that only bail in excess of $10 million is a constitutional violation. B) The judge knows Tommy has $5 million, so he is allowed to impose that amount as his bail. C) The privilege against excessive bail does not apply to state defendants and only applies to federal defendants. D) The bail for charges of attempted murders is always $5 million.
C
30) In many minor misdemeanor cases, defendants plead guilty and the arraigning judge sentences them to: A) time already served in jail. B) probation. C) time already served in jail, fines, and probation. D) fines.
C
31) The two major kinds of probable cause hearings are: A) preliminary hearings and sentencing hearings. B) arraignment hearings and preliminary hearings. C) grand juries and preliminary hearings. D) grand juries and arraignment hearings.
C
34) The entitlement to a grand jury is guaranteed under the ________ Amendment. A) Fourteenth B) Eighth C) Fifth D) Fourth
C
37) If the grand jury finds that probable cause exists, it issues a(n): A) arrest warrant. B) search warrant. C) indictment. D) arraignment.
C
39) Which of the following is true of grand jury hearings? A) Defendants and witnesses are prohibited from invoking their Fifth Amendment right against self-incrimination during grand jury proceedings. B) Grand juries determine whether the suspect is guilty. C) Grand jury hearings are closed to the press. D) The prosecutor is not involved in a grand jury hearing.
C
4) Which constitutional amendment states that excessive bail shall not be required? A) The Fourth Amendment B) The Fifth Amendment C) The Eighth Amendment D) The Fourteenth Amendment
C
41) Which of the following statements is FALSE about preliminary hearings? A) They give the defense an opportunity to preview the strength of the prosecution's case. B) They provide an opportunity for the defense to object to the inclusion of certain pieces of evidence. C) They increase the number of unnecessary trials and thus the courts' caseloads. D) They help to avoid the prosecution of people against whom the evidence is weak.
C
45) Which of the following statements is FALSE about the process of preparing for a criminal case? A) The prosecutor is forbidden from intentionally hiding or destroying evidence that might clear the defendant of blame. B) Each attorney may request that opposing counsel provide certain evidence. C) Defense attorneys usually have the advantage because they have a bigger budget than prosecutors. D) Both sides investigate and work to uncover evidence to support their cases.
C
48) A plea bargain must take place: A) before the court swears in a jury. B) before the testimony begins. C) before the jury delivers a verdict. D) before the attorneys announce they are ready for trial.
C
59) Sally is on trial for drug trafficking. She was never notified of the specific charges against her. This is a violation of ________ due process. A) automatic B) substantive C) procedural
C
62) Who has the burden of proving every element of every crime? A) Judges B) Defense attorneys C) Prosecutors D) Juries
C
71) John Jones is on trial for murder. Because his potential punishment is the death penalty, his case has to proceed in two separate phases. The first phase is the: A) conviction phase. B) capital phase. C) guilt phase. D) sentencing phase.
C
12) A politician who is "tough on crime" to send a message to would-be criminals is promoting the goal of: A) retribution. B) incapacitation. C) rehabilitation. D) deterrence.
D
14) A sentence that includes drug and alcohol treatment and mental health treatment in an effort to aid an offender in changing his or her life is focused on the goal of: A) restoration. B) retribution. C) reintegration. D) rehabilitation.
D
16) For deterrence to be successful, what goal must it achieve? A) The offender must have to pay a large fine as part of his or her sentence. B) The offender must have a job that he or she will lose once he or she is sentenced. C) The offender must be sentenced to at least 5 years in prison. D) The public must be educated about sentencing policies and how the criminal justice system works.
D
19) Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused a plea bargain and insisted that the case go to trial, where he was convicted by the jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of 36 months in prison with an additional 24 months to be spent on parole upon his release. To determine the appropriate and possible sentence for this crime, the judge consulted a document that included the possible sentences for a particular crime based on the seriousness of the current offense, prior record of the offender, and aggravating and mitigating circumstances. This document is called: A) sentencing suggestions. B) statutory regulations. C) punishment grid. D) sentencing guidelines.
D
21) Frank Smith has been incarcerated in a federal prison for possession of a large amount of cocaine and methamphetamine. He refused a plea bargain and insisted that the case go to trial, where he was convicted by the jury. Prior to sentencing, the judge on his case received relevant information about Frank (such as his employment status, mental health status, substance abuse history, and prior criminal record) from a document filed by a probation officer. This document also included a recommendation of the type and length of sentence that the probation officer thought would be the most appropriate for Frank. Ultimately, the judge sentenced Frank to a period of 36 months in prison with an additional 24 months to be spent on parole upon his release. If the judge had sentenced Frank to a range of time, for example, 24 to 36 months in prison, rather than a specific number of months, he would have given him a(n): A) good time credit. B) presumptive determinate sentence. C) determinate sentence. D) indeterminate sentence.
D
23) Since the 1980s, ________ sentences have become much more common. A) suspended B) indeterminate C) mandatory D) determinate
D
25) If a defendant is given ________ for 3, 5, and 10 years, the defendant will spend a total of 10 years in prison. A) consecutive sentences B) alternative sentences C) intermittent sentences D) concurrent sentences
D
25) Once the prosecutor files a complaint, the individual arrested becomes a: A) respondent. B) plaintiff. C) suspect. D) defendant.
D
26) Studies have found that ________ have received harsher sentences than Whites for similar crimes. A) juveniles B) females C) males D) Blacks
D
27) Which of the following is NOT a goal of sentencing guidelines? A) Reducing the perceived leniency of federal judges B) Reducing racial disparity C) Ensuring equal treatment D) Saving money by reducing the number of new prison admissions
D
29) Why is a no contest plea beneficial to a defendant? A) The defendant could be found guilty but would not receive a conviction. B) The defendant could be found guilty but would not be sent to prison. C) The defendant could be liable in a civil court but not in criminal court. D) The defendant could be found guilty in a criminal court but can avoid civil liability for the acts of which he or she is accused.
D
3) The Eighth Amendment protects citizens from: A) unreasonable search and seizure. B) self-incrimination. C) false imprisonment. D) cruel and unusual punishments.
D
36) Which of the following is NOT part of a grand jury hearing? A) The prosecutor presents evidence against the defendant. B) The jury decides if there is sufficient evidence to proceed with prosecution. C) The defendant may invoke his or her right against self-incrimination. D) The defendant can call his or her own witnesses to contest the evidence of the prosecution.
D
38) What happens when a grand jury fails to find probable cause? A) The prosecutor can bring another complaint against the defendant containing different charges. B) The prosecutor can later bring the same charges with new evidence. C) The case is dismissed. D) All of the answers are correct.
D
42) If the judge in a preliminary hearing finds that probable cause exists, the prosecutor produces: A) an arrest warrant. B) an indictment. C) a search warrant. D) the information.
D
44) Evidence that might exculpate the defendant is evidence that could: A) invalidate the trial. B) aid the prosecution. C) prove the defendant's guilt. D) clear the defendant of blame.
D
47) Why would a defendant plead guilty to a crime and not invoke his or her right to a criminal trial? A) The defendant could receive a conviction for a misdemeanor and not a felony. B) The defendant could receive a reduction of charges. C) The defendant could receive a reduction in sentence. D) All of the answers are correct.
D
5) The purpose of bail is to: A) pay the victim for the harm that the defendant has caused. B) pay a fine to the government. C) make defendants contribute to society. D) ensure that defendants appear at trial.
D
52) The ________ is a clause of the U.S. Constitution that represents the proposition that government laws and proceedings must be fair. A) no contest clause B) burden of proof clause C) sequestered clause D) due process clause
D
56) Which constitutional amendment applied the due process clause to the states? A) The Fourth Amendment B) The Eighth Amendment C) The Fifth Amendment D) The Fourteenth Amendment
D
6) How does being free on bail help an accused individual? A) It allows the individual to stay out of jail. B) It allows the individual to work more closely with his or her defense counsel by putting together evidence and witnesses. C) It allows the individual to put his or her personal affairs in order before facing trial. D) All of the answers are correct.
D
6) If you are incarcerated and feel that you are being confined illegally, you would file a ________ so that the courts would review the constitutionality of your confinement. A) civil lawsuit B) writ of certiorari C) lawsuit under Section 1983 of the Civil Rights Act D) habeas corpus petition
D
61) Critics of the criminal justice system believe that its procedures are often: A) time-consuming. B) complicated. C) expensive. D) All of the answers are correct.
D
63) The standard of proof in a criminal case is: A) reasonable suspicion. B) preponderance of the evidence. C) probable cause. D) beyond a reasonable doubt.
D
64) When the prosecution has not met the burden of proof, juries must find the defendant: A) uncontested. B) guilty. C) punishable. D) not guilty.
D
7) The Anti-Terrorism and Effective Death Penalty Act of 1996 requires that habeas cases be brought within ________ year(s) after a defendant exhausts his or her regular appeals. A) 2 B) 5 C) 10 D) 1
D
70) John Jones is on trial for murder. The prosecutors have decided to charge him with a(n) ________ crime, which means if convicted, he would be eligible for the death penalty. A) life B) heinous C) egregious D) capital
D
8) The Sixth Amendment to the Constitution affords all of the following rights EXCEPT: A) the right to counsel. B) the right to confront and cross-examine witnesses. C) the right to a speedy trial. D) the right to be free from unreasonable searches and seizures.
D
D) total 60) Police detectives believe that Anna is a drug dealer. They do not have evidence to prove this, but, nonetheless, they search her home. This is a violation of ________ due process. A) procedural B) total C) automatic D) substantive
D
9) Which of the following pieces of information is often included in a presentence investigation (PSI) report? A) A victim impact statement B) The offender's mental health status C) The offender's employment history D) All of the answers are correct.
d
