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Home » Criminal Law » Page 39

Criminal Law

Q: 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 is called thea. workgroup culture b. docket culturec. grouping culture d. local legal culture

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

Q: Slate recently received evidence, from discovery, for his client who is awaiting trial for armed robbery and attempted murder. There are two eye witness accounts, which identifies Slate's client. There is also the weapon used in the crime and gunshot shells. Slates is convinced his client is going to have a long trial ahead of him.The gun and shells that were recovered at the crime scene from Slate's case would be considered why type of evidence?a. real evidenceb. demonstrative evidence c. direct evidenced. circumstantial evidence

Q: Slate recently received evidence, from discovery, for his client who is awaiting trial for armed robbery and attempted murder. There are two eye witness accounts, which identifies Slate's client. There is also the weapon used in the crime and gunshot shells. Slates is convinced his client is going to have a long trial ahead of him.Slate states that his client has has eye witness testimony, which states that his client committed the crime. What type of evidence would this be considered?a. real evidenceb. demonstrative evidence c. direct evidenced. circumstantial evidence

Q: Eli is a public defender who is representing his client in a first degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to sit jurors that will sympathize with his client, whom grew up in abject poverty and has a low iq. Eli is not sure what the outcome to this case may be considering there is not an eyewitness to this case.If a prospective juror states that all people who are poor are just lazy and deserve to be in prison, Eli can request that the juror is removed by requesting a ________.a. peremptory challenge b. challenge for causec. voir dire d. dismissal

Q: Eli is a public defender who is representing his client in a first degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to sit jurors that will sympathize with his client, whom grew up in abject poverty and has a low iq. Eli is not sure what the outcome to this case may be considering there is not an eyewitness to this case.During ________, Eli will be able to determine what biases prospective jurors may have against his client. a. challenge for causeb. voir direc. peremptory challenges d. testimony

Q: Eli is a public defender who is representing his client in a first degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to sit jurors that will sympathize with his client, whom grew up in abject poverty and has a low iq. Eli is not sure what the outcome to this case may be considering there is not an eyewitness to this case.Since Eli's client's case is going trial, it is safe to say he will not have a _________. a. bench trialb. sentence c. juryd. witness

Q: Eli is a public defender who is representing his client in a first degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to sit jurors that will sympathize with his client, whom grew up in abject poverty and has a low iq. Eli is not sure what the outcome to this case may be considering there is not an eyewitness to this case.Eli's case was more likely to go to trial than other cases because the client is being tried for ________. a. burglaryb. arsonc. murder d. rape

Q: Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric have a wonderful working relationship with the judge in this case. Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.While the three men are working together to come to a plea agreement, all are trying to negotiate to receive the best outcome for their side, which is known as an _______.a. eddict b. assetc. exchange d. increase

Q: Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric have a wonderful working relationship with the judge in this case. Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.The arrangement that Ryan, Eric, and the judge are meeting to work on is a __________. a. condition of probationb. parole meeting c. injunctiond. plea bargain

Q: Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric have a wonderful working relationship with the judge in this case. Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.Eric, Ryan, and the judge respect one another, which lends itself to a sense of professionalism within the confines of the courtroom. All parties know how to act and respond as their position dictates. This attitude would be considered the _________.a. going rateb. local legal culture c. continuanced. culture

Q: Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric have a wonderful working relationship with the judge in this case. Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge.The relationship among Ryan, Eric, and the judge is built upon mutual respect and admiration. All parties want to work towards the same common goal. This would be referred to as ________.a. workgroup b. going ratec. continuance d. culture

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: Explain why if so few cases actually go to trial, then why do we spend significant time on jury selection?

Q: Explain the appellate process within criminal courts. What are the judges searching for? Do witnesses testify?

Q: Plea bargaining is often referred to as a necessary evil. Explain that statement in regards to the modern criminal justice system. Is plea bargaining a necessity? Why or why not?

Q: Explain the CSI effect on jury selection. How do crime shows such as Crime Scene Investigation impact the choice of available juries?

Q: What are the stages in a criminal trial? Compare the steps in the criminal trial to the steps in plea bargaining.

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

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

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

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

Q: __________evidence might include such objects as a weapon, business records, fingerprints, or stolen property.

Q: _________evidence is any evidence presented for jurors to see and understand without testimony.

Q: If a juror's responses indicate that he or she will not be able to make fair decisions, an attorney may request a __________.

Q: Although challenges for cause fall ultimately under the judge's control, the prosecution and defense can exert their own control over the jury's composition through the use of ________.

Q: The _______ is the missing actor in the courtroom's workgroup process that produces plea bargains. a. suspectb. crime victim c. judged. probation officer

Q: Because of their position in the justice system, ______ can define the level of their involvement in the processing of criminal cases.a. prosecutorsb. defense attorneys c. judgesd. suspects

Q: According to the ruling in ____, prosecutors may, for example, threaten repeat offenders with life sentences under habitual offender statutes if they do not agree to plead guilty and accept specified terms of imprisonment.a. Bordenkircher v. Hayes (1978)b. Boykin v. Alabama (1969)c. North Carolina v. Alford (1970)d. Ricketts v. Adamson (1987)

Q: Which of the following is not a step in the trial process?a. selection of the jury b. opening statements c. interrogationd. jury decision

Q: A witness observes a man stabbed an innocent bystander. What type of evidence would the witness offer?a. circumstantial b. directc. reald. demonstrative

Q: _________evidence requires that the jury infer a fact from what the witness observed. a. circumstantialb. direct c. reald. demonstrative

Q: Which of the following is not a strategy that a defense attorney representing a client will employ? a. contrary evidence is introduced to rebut or cast doubt on the state's case b. an alibi is offered c. an admission of guilt is offered d. an affirmative defense is presented

Q: The standard used by a juror to decide if the prosecution has provided enough evidence for conviction. a. inclinationb. reasonable doubt c. probable caused. preponderance

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

Q: How do budget cuts impact on prospective jurors?

Q: While most people believe the United States 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 why some defendants are disadvantaged by the system, or why you think the process results in equal justice for all.

Q: Would a ban on plea bargaining improve the U.S. criminal justice system? Discuss why or why not.

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

Q: Only about one percent of habeas corpus petitions are successful. a. Trueb. False

Q: Defendants have the right to attorney for their first appeal. a. Trueb. False

Q: Appeals encourage judges to be careless because they know any improper ruling will be corrected at a future date. a. Trueb. 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. Trueb. False

Q: Defendants have the option to choose a bench trial dependant upon the state they reside. a. Trueb. False

Q: Trials are influenced by human processes. a. Trueb. False

Q: Some defendants plead guilty even when they are innocent. a. Trueb. 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 they made their pleas voluntarily in order for them to be accepted by a judge. a. Trueb. False

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

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

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

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

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

Q: Plea bargaining was ruled unconstitutional by the United States Supreme Court but it is still practiced informally.a. Trueb. False

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

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

Q: The behavior of the defendant in the courtroom has no impact on how they are treated by the judge a. Trueb. False

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

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

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

Q: Oral evidence provided by a legally competent witness is called __________.

Q: A request to a higher court to review actions taken in a completed trial is called a(n) __________.

Q: _____-member juries must vote unanimously to convict a defendant.

Q: Traditionally, jury trials involves _________ -person juries.

Q: The values and norms shared by the court community is referred to as the _________.

Q: ______evidence includes items such as weapons, fingerprints, or stolen property, which are real items used in the commission of a crime.

Q: In the United States Supreme Court case of _____ v. _______ decided that prosecutors must fulfill their promises in regard to plea bargains.

Q: In the United States Supreme Court case of ____ v. _______ decided that defendants must uphold the plea agreement or suffer consequences.

Q: A plea of guilty must be ___________.

Q: Jacob is an attorney that works in the local public defender's office. His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate. Even though he does get stressed, he has never questioned his career choice.Jacob serves a clientele where a financial agreement has been met. Jacob receives his salary from which of the following?a. wealthyb. middle class c. government d. corporations

Q: Jacob is an attorney that works in the local public defender's office. His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate. Even though he does get stressed, he has never questioned his career choice.Jacob works in the public defender's office. The clients that he represents are considered ________. a. wealthyb. indigentc. middle class d. associates

Q: John is the district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows how he prosecutes this media driven case, may determine if he is reelected.Even though the community is demanding charges and a trial, it will be John's final decision to go to trial or plea bargain the case. John has a great deal of ________ in making his decision.a. dilemma b. authority c. discretion d. ability

Q: John is the district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows how he prosecutes this media driven case, may determine if he is reelected.John has to meet the expectations of police, judges, and the community. This is commonly known has building ________relationships. a. exchangeb. interaction c. community d. cohesive

Q: John is the district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows how he prosecutes this media driven case, may determine if he is reelected.Even though the public is demanding a trial, John makes plans to meet with the defense to see if they are willing to work out an agreement. John would prefer to ________the case.a. chargeb. withdraw c. dropd. plea bargain

Q: John is the district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows how he prosecutes this media driven case, may determine if he is reelected.John is facing a great deal of pressure to charge the football player to the highest extent of the law. John knows what he would do if the suspect was an ordinary citizen. He also knows that his election is coming quick. The pressure that John is facing is known as the _________.a. prosecutor's dilemma b. prosecutor's discretion c. prosecutor's roled. prosecutor's factor

Q: Dianne works for the federal governor as a prosecutor. She spends much of her time prosecuting drug crimes. Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system. Diane works in district 5 in Dallas Texas.Dianne spends a great deal of her time prosecuting drug crimes. Outside of drug offenses, which type of crime would Dianne prosecute the most?.a. murdersb. white-collarc. sexual assaults d. robbery

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