Q&A Hero

Q: The standard used by a juror to decide if the prosecution has provided enough evidence for conviction is a. more likely than not. b. reasonable doubt. c. probable cause. d. preponderance.

Q: What popular misconception exists about the appellate process? a. Numerous criminals are being "let off." b. Criminal defendants are no longer permitted to appeal. c. Attorneys participate in the appellate process. d. The U.S. Supreme Court is considered an appellate court.

Q: Of all cases in which convictions are reversed, about what percentage results in a new trial ordered? a. 2 b. 6 c. 10 d. 15

Q: From which population are jury pools drawn? a. All residents b. Registered voters and licensed drivers c. Homeowners d. College graduates

Q: An appeal that results in reversal of the conviction normally means that the case is ________ to the lower court for a new trial. a. reversed b. remanded c. overruled d. upheld

Q: In Boykin v. Alabama(1969), the U.S. Supreme Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled. b. defendants must uphold the plea agreement or suffer the consequences. c. a plea of guilty may be accepted for the purpose of a lesser sentence of a defendant who maintains his or her innocence. d. defendants must state that they are voluntarily making a plea of guilty.

Q: Which is true concerning appeals? a. Most appeals by criminal defendants are successful. b. Most appeals by criminal defendants are not unsuccessful. c. The number of successful appeals roughly equals the number of unsuccessful appeals. d. Criminal defendants are no longer permitted to file appeals.

Q: A legal petition requesting that a judge examines whether an individual is being properly detained is called a(n) a. writ of certiorari. b. writ of probable cause. c. ex post facto writ. d. habeas corpus.

Q: In the past decade, the number of appeals has a. increased at both the state and federal levels. b. decreased at both the state and federal levels. c. increased at the state level, but decreased at the federal level. d. increased at the federal level, but decreased at the state level.

Q: Indigent offenders' right to counsel continues through the _______ appeal. a. first b. second c. third d. fourth

Q: The trial process is based on a. the adversary process. b. jurisdictional territory. c. the courtroom players. d. judicial discretion.

Q: A bench trial is presided over by a judge and a. a 6-person jury b. a 9-person jury c. a 12-person jury d. no jury

Q: About ______ felony cases actually goes to trial. a. 1 in 3 b. 1 in 4 c. 1 in 10 d. 1 in 20

Q: The right of the accused to a speedy and public trial is found in the ______ Amendment. a. Fifth b. Sixth c. Seventh d. Eighth

Q: The most important factor in the decision to take a case to trial is likely to be the a. seriousness of the charge. b. previous record of the defendant. c. quality of the defense attorney. d. ideology of the judge.

Q: In Ricketts v. Adamson (1987), the U.S. Supreme Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled. b. defendants must uphold the plea agreement or suffer the consequences. c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence. d. defendants must state that they are voluntarily making a plea of guilty.

Q: In North Carolina v. Alford (1970), the U.S. Supreme Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled. b. defendants must uphold the plea agreement or suffer the consequences. c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence. d. defendants must state that they are voluntarily making a plea of guilty.

Q: What is the process called in which there is no actual bargaining between parties, but rather an expectation that a guilty plea will lead to a less-than-maximum sentence? a. Indirect plea bargaining b. Insufficient plea bargaining c. Indecisive plea bargaining d. Implicit plea bargaining

Q: During plea bargaining, a multiple-offense indictment is a tactic used by a a. judge. b. prosecutor. c. defendant. d. defense attorney.

Q: In Blackledge v. Allison (1976), Justice Potter Stewart argued that plea bargaining benefits a. only the defendant. b. only the prosecutor. c. only the judge. d. all concerned in a criminal case.

Q: Which is not true concerning plea bargaining? a. Plea bargaining leads to expedited disposal of most criminal cases. b. Plea bargaining reduces the amount of time that released suspects spend free on bail. c. Plea bargaining reduces the amount of time that pretrial detainees must spend in jail. d. Offenders who plead guilty to serious charges must wait longer to be enrolled in prison counseling, training, and educational programs.

Q: In Santobello v. New York (1971), the U.S. Supreme Court ruled that a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled. b. defendants must uphold the plea agreement or suffer the consequences. c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her innocence. d. defendants must state that they are voluntarily making a plea of guilty.

Q: How often cases are plea bargained? a. Cases are never plea bargained. b. Cases are seldom plea bargained. c. Less than half of all cases are plea bargained. d. Most cases are plea bargained.

Q: The research of Eisenstein and Jacob on the impact of courtroom workgroups across major cities revealed that a. the same type of felony was handled very differently in each city. b. the same type of felony was handled the same in each city. c. different types of felonies were handled very differently in each city. d. different types of felonies were handled the same in each city.

Q: Which is not characteristic of a workgroup? a. Interaction among members b. Sharing of goals c. Continued interaction that brings conflict d. Members developing a set of norms about how they will interact

Q: Which would not be considered part of the courtroom workgroup? a. Bailiff b. Judge c. Attorney d. Clerk

Q: The _________ culture refers to the values and norms shared by members of a particular court community about how cases should be handled, and the way court officials should behave. a. workgroup b. docket c. grouping d. local legal

Q: The local view of the proper sentence, considering the offense and the defendant's prior record, is called the a. local legal culture. b. going rate. c. grouping. d. local rate.

Q: Ninety percent of individuals plead guilty, so few cases are actually appealed. a. True b. False

Q: Juries symbolize the rule of law and the community foundation that supports the criminal justice system. a. True b. False

Q: Instruction of the jury by the judge concludes the trial process. a. True b. False

Q: In Williams v. Florida, it was determined that in the case of a six-person jury, the verdict had to be unanimous. a. True b. False

Q: Plea bargaining is a set of exchange relationships in which the prosecutor, the defense attorney, the defendant, and sometimes the judge participate. a. True b. False

Q: The number of appeals in both the state and federal courts has increased during recent decades. a. True b. False

Q: Plea bargaining between the defense counsel and the prosecutor is a serious game in which friendliness and joking may mask efforts to advance each side's cause. a. True b. False

Q: Only about 1% of habeas corpus petitions are successful. a. True b. False

Q: Defendants have the right to an attorney for their first appeal. a. True b. False

Q: The possibility of an appeal encourages judges to be careless because they know any improper ruling will be corrected at a future date. a. True b. False

Q: Because jurors are carefully chosen by attorneys for each side, juries never wrongly convict or wrongly acquit any defendants. a. True b. False

Q: Juries are always composed of highly educated members of the community. a. True b. False

Q: Defendants might have the option to choose a bench trial depending on the state in which they reside. a. True b. False

Q: Trials are influenced by human processes. a. True b. False

Q: Some defendants plead guilty even when they are innocent. a. True b. False

Q: Some believe that plea bargaining is unethical because it results in longer sentences than would have been obtained at trial. a. True b. False

Q: Defendants must state that they made their pleas voluntarily in order for them to be accepted by a judge. a. True b. False

Q: Plea bargaining can occur even when the evidence against the suspect is strong. a. True b. False

Q: Plea bargaining between defense attorney and prosecutor usually occurs in one single meeting. a. True b. False

Q: Plea bargaining continued to occur in Tennessee even after it was banned. a. True b. False

Q: Prosecutors who purport to ban plea bargaining often do not acknowledge that exceptions exist and that charge bargaining and other negotiated resolutions continue to occur. a. True b. False

Q: Plea bargaining benefits everyone involved, including the prosecutor. a. True b. False

Q: Plea bargaining has always been publicly acknowledged by the legal community. a. True b. False

Q: Prosecutors are being "soft on crime" when they engage in plea bargains. a. True b. False

Q: Plea bargaining was ruled unconstitutional by the U.S. Supreme Court but it is still practiced informally. a. True b. False

Q: The substantial majority of cases go to trial. a. True b. False

Q: A decision by the jury in a case concludes the trial process. a. True b. False

Q: Plea bargaining is also referred to as "copping out." a. True b. False

Q: The behavior of the defendant in the courtroom has no impact on how he or she is treated by the judge. Courtrooms are fact-based environments. a. True b. False

Q: In a workgroup, the participants share the same duties and responsibilities. a. True b. False

Q: Judges are part of the local legal culture. a. True b. False

Q: Values and norms do not affect the functioning of a courtroom. a. True b. False

Q: Describe the basis for an appeal of a conviction.

Q: Explain the purpose and participants of a working group.

Q: Explain the appellate process within criminal courts.

Q: Plea bargaining is often referred to as a necessary evil. Explain that statement in regard to the modern criminal justice system.

Q: How do crime shows such as Crime Scene Investigation affect the choice of available juries?

Q: Compare the steps in the criminal trial to the steps in plea bargaining.

Q: What is the impact of new technology on jurors?

Q: How do budget cuts affect prospective jurors?

Q: Although most people believe the U.S. court system is adversarial, in reality, the judge, prosecutor, and defense attorney work together to move cases through the system. What implications does this system have for a defendant's due process rights?

Q: Is the jury selection process used in U.S. courts fair to defendants? Discuss how some defendants may be disadvantaged by the system?

Q: How would a ban on plea bargaining impact the U.S. criminal justice system?

Q: Court location can affect the court's decision-making processes in many ways. How might you expect courts in urban and rural locations to differ? How might a change of venue be used to deal with these differences?

Q: Eyewitness accounts are an example of ____ evidence.

Q: The _____ Amendment states that the accused are entitled to a speedy and fair trial.

Q: In _____, the Supreme Court ruled defendants have the right to withdraw a plea if there is a just and fair reason to do so.

Q: The local view of the proper sentence, considering the offense and the defendant's prior record, is called the _______.

Q: When plea bargaining was barred in the felony trial courts, it did not _______.

Q: Unstable _____ lack all three workgroup criteria: close working relationships, shared values, and reasons to cooperate.

Q: An attorney's requests for delays in court proceedings are called ______.

Q: The right of the accused to a speedy and public trial is found in the _____ Amendment.