Q&A Hero

Q: In the absence of a confession or admission, intent must usually be proven by circumstantial evidence. a. True b. False

Q: Direct evidence is generally more powerful and convincing than circumstantial evidence. a. True b. False

Q: Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred could be circumstantial evidence of guilt. a. True b. False

Q: A full confession about the crime would be an example of direct evidence. a. True b. False

Q: A conviction cannot be valid if it is based solely on circumstantial evidence. a. True b. False

Q: Direct evidence is evidence that proves a fact in issue by the use of inferences. a. True b. False

Q: The U.S. Supreme Court has held that trial judges must give juries a strict definition of proof beyond a reasonable doubt. a. True b. False

Q: Due process requires that criminal guilt be proven by the government beyond a reasonable doubt. a. True b. False

Q: Evidence is derived from proof. a. True b. False

Q: In the U.S., most felony cases will ultimately be disposed of by a jury trial. a. True b. False

Q: The majority of states and the federal courts have a plea and verdict of guilty but mentally ill. a. True b. False

Q: A nolo contendere plea is the same as a not guilty plea. a. True b. False

Q: A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty. a. True b. False

Q: An information is a statement by the prosecution detailing the basis on which it is believed the defendant committed a crime. a. True b. False

Q: An indictment is a formal charging document issued by a grand jury. a. True b. False

Q: In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review. a. True b. False

Q: Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial. a. True b. False

Q: Case 3.3Police respond to the scene of domestic violence incident which resulted in a homicide. The victim Ricky Bobby was found underneath the wheel of his homemade monster truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts out that she could not take his physical abuse and drinking any more. Betty Sue has multiple new and old bruises on her body which claims were from Ricky continually beating her and threatening to kill her. Witnesses report that they heard the two fighting and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they observed Betty Sue trying to get into her car but Ricky threw her to the ground screaming that he would kill her rather than let her go. Witnesses report that Betty Sue got into the monster truck and drove over Ricky Bobby as he stood in the way. They also tell police that she has been seeing a doctor about her depression and takes medication to treat her depression. Police arrest Betty Sue for the murder of her husband Ricky Bobby.What is the level of proof must the prosecution meet to secure a guilty verdict in a murder trial?a. reasonable suspicionb. absolute certaintyc. proof beyond a reasonable doubtd. clear and convincing evidence

Q: Case 3.3Police respond to the scene of domestic violence incident which resulted in a homicide. The victim Ricky Bobby was found underneath the wheel of his homemade monster truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts out that she could not take his physical abuse and drinking any more. Betty Sue has multiple new and old bruises on her body which claims were from Ricky continually beating her and threatening to kill her. Witnesses report that they heard the two fighting and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they observed Betty Sue trying to get into her car but Ricky threw her to the ground screaming that he would kill her rather than let her go. Witnesses report that Betty Sue got into the monster truck and drove over Ricky Bobby as he stood in the way. They also tell police that she has been seeing a doctor about her depression and takes medication to treat her depression. Police arrest Betty Sue for the murder of her husband Ricky Bobby.At trial, the defense claims that while Betty Sue's actions did result in Ricky Bobby's death, she was under extreme duress trying to escape her attacker. She was also not mentally cognizant of her actions due to the medication she was taking. This action is referred as a(n) _____.a. plea bargainb. closing argumentc. suppression hearingd. affirmative defense

Q: Case 3.3Police respond to the scene of domestic violence incident which resulted in a homicide. The victim Ricky Bobby was found underneath the wheel of his homemade monster truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts out that she could not take his physical abuse and drinking any more. Betty Sue has multiple new and old bruises on her body which claims were from Ricky continually beating her and threatening to kill her. Witnesses report that they heard the two fighting and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they observed Betty Sue trying to get into her car but Ricky threw her to the ground screaming that he would kill her rather than let her go. Witnesses report that Betty Sue got into the monster truck and drove over Ricky Bobby as he stood in the way. They also tell police that she has been seeing a doctor about her depression and takes medication to treat her depression. Police arrest Betty Sue for the murder of her husband Ricky Bobby.Prior to trial the prosecutor offers Betty Sue, through her defense attorney, a lesser charge of manslaughter. This action is referred to as a(n) _____. red to as a(n) _____.a. plea bargainb. sentence reduction hearingc. Brady hearingd. preliminary hearing

Q: Case 3.2Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local highway. Sam is extremely nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a handgun in the glove box. He notifies his partner and Sam is immediately removed from the car and placed under arrest. As the cover officer is securing the handgun she notices a scale, numerous empty clear plastic bags, and two partially filled clear plastic bags containing a white powdery substance on the floor just below the glove box.While retrieving the gun, the officer notes a very strong odor of unburnt marijuana which appear to be coming from the rear of the car. The officer concludes that odor must be coming from the trunk, as there are no bags or container in plain view within the passenger compartment. They search the trunk and find two pounds of raw marijuana. The arrest and search are captured on the patrol unit dash camera system. Sam Appleton is charged with unlawful possession of a weapon, possession of a control dangerous substance (cocaine), possession with the intent to distribute, and possession of drug paraphernalia.Prior to trial, Sam's defense attorney challenges the admissibility of the evidence, claiming that the initial search of the truck was in violation of the Fourth Amendment. This challenge is referred to as a(n) _____.a. competency hearingb. affirmative defensec. writ of habeas corpusd. motion to suppress

Q: Case 3.2Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local highway. Sam is extremely nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a handgun in the glove box. He notifies his partner and Sam is immediately removed from the car and placed under arrest. As the cover officer is securing the handgun she notices a scale, numerous empty clear plastic bags, and two partially filled clear plastic bags containing a white powdery substance on the floor just below the glove box.While retrieving the gun, the officer notes a very strong odor of unburnt marijuana which appear to be coming from the rear of the car. The officer concludes that odor must be coming from the trunk, as there are no bags or container in plain view within the passenger compartment. They search the trunk and find two pounds of raw marijuana. The arrest and search are captured on the patrol unit dash camera system. Sam Appleton is charged with unlawful possession of a weapon, possession of a control dangerous substance (cocaine), possession with the intent to distribute, and possession of drug paraphernalia.Would Sam's defense attorney have the right to see the police reports regarding Sam's arrest prior to trail?a. No, this information is only required to be turned over at trial.b. Sam's defense attorney would be entitled to the arrest, investigation and property reports but not the dash camera video recording.c. Sam's defense attorney would be entitled to all police reports and videos related to the arrest, but not the laboratory results for the drugs.d. Sam's defense attorney would be entitled to all police reports, videos laboratory results for the drugs related to the arrest.

Q: Case 3.2Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local highway. Sam is extremely nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a handgun in the glove box. He notifies his partner and Sam is immediately removed from the car and placed under arrest. As the cover officer is securing the handgun she notices a scale, numerous empty clear plastic bags, and two partially filled clear plastic bags containing a white powdery substance on the floor just below the glove box.While retrieving the gun, the officer notes a very strong odor of unburnt marijuana which appear to be coming from the rear of the car. The officer concludes that odor must be coming from the trunk, as there are no bags or container in plain view within the passenger compartment. They search the trunk and find two pounds of raw marijuana. The arrest and search are captured on the patrol unit dash camera system. Sam Appleton is charged with unlawful possession of a weapon, possession of a control dangerous substance (cocaine), possession with the intent to distribute, and possession of drug paraphernalia.After being charged with several felonies and processed (booked), what is the next step in the criminal court process for Sam?a. Sam's case is referred to the grand jury to determine if a criminal complaint is to be filed against Sam.b. Sam is brought before a judge for his initial appearance where he is formally red the charges, a plea is entered and bail is set.c. The Officer in charge (OIC) makes a probable cause determination and sets the bail.d. Sam, accompanied by his attorney, meets with the prosecutor to discuss possible plea bargains.

Q: Case 3.1Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In plain view across the backseat are the stolen jackets still with the store tags and security clips on them. Also in the minivan, in plain view, are proceeds from several other shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of heroin are found in the vehicle. Back at police headquarters a criminal history check reveals that Walt has an extensive history of shoplifting and felony drug offenses. On the over hand Kathy has no prior criminal history and just a few minor motor vehicle offenses on her record. Police contact the store owners of the recovered proceeds and confirm 4 more shoplifting incidents each with proceeds of $1,000.What amount of proof was required for the initial responding officers to arrest Walt and Kathy in the first place?a. mere suspicionb. reasonable suspicionc. probable caused. proof beyond a reasonable doubt

Q: Case 3.1Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In plain view across the backseat are the stolen jackets still with the store tags and security clips on them. Also in the minivan, in plain view, are proceeds from several other shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of heroin are found in the vehicle. Back at police headquarters a criminal history check reveals that Walt has an extensive history of shoplifting and felony drug offenses. On the over hand Kathy has no prior criminal history and just a few minor motor vehicle offenses on her record. Police contact the store owners of the recovered proceeds and confirm 4 more shoplifting incidents each with proceeds of $1,000.What amount of proof was required for the initial responding officers to stop Walt and Kathy in the first place?a. mere suspicionb. reasonable suspicionc. probable caused. proof beyond a reasonable doubt

Q: Case 3.1Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In plain view across the backseat are the stolen jackets still with the store tags and security clips on them. Also in the minivan, in plain view, are proceeds from several other shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of heroin are found in the vehicle. Back at police headquarters a criminal history check reveals that Walt has an extensive history of shoplifting and felony drug offenses. On the over hand Kathy has no prior criminal history and just a few minor motor vehicle offenses on her record. Police contact the store owners of the recovered proceeds and confirm 4 more shoplifting incidents each with proceeds of $1,000.Because of Walt's lengthy criminal record the judge sets bail at $ 50,000 with no 10% option. Which Constitutional Amendment would Walt use to challenge the amount of the bail?a. The Sixth Amendmentb. The Eighth Amendmentc. The Fourth Amendmentd. The Fifth Amendment

Q: Case 3.1Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In plain view across the backseat are the stolen jackets still with the store tags and security clips on them. Also in the minivan, in plain view, are proceeds from several other shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of heroin are found in the vehicle. Back at police headquarters a criminal history check reveals that Walt has an extensive history of shoplifting and felony drug offenses. On the over hand Kathy has no prior criminal history and just a few minor motor vehicle offenses on her record. Police contact the store owners of the recovered proceeds and confirm 4 more shoplifting incidents each with proceeds of $1,000.In the above scenario, who was most likely involved in the initial review and evaluation of the evidence?a. store employeesb. the police officersc. the prosecutord. the initial judge

Q: Affirmative defenses include insanity, immunity, _____, and double jeopardy. a. entrapment b. incapacity c. inadvertency d. conspiracy

Q: The level of proof required in criminal cases is proof beyond a _____doubt. a. rational b. shadow of a c. specific d. reasonable

Q: The _____ Amendment of the U.S. Constitution states that "Excessive bail shall not be required. a. Fourth b. Fifth c. Sixth d. Eighth

Q: Plea bargaining may involve substituting a guilty plea to one offense for a trial on _____ offenses a. petty b. multiple c. misdemeanor d. felony

Q: The purpose of _____ is to assure the defendant's appearance at trial. a. bail b. presentence investigation c. a criminal history investigation d. an employment check

Q: In most appeals, the _____. a. appeal takes the form of a new trial. b. appeals court reviews the records for errors. c. defendant usually is ordered to be acquitted. d. prosecution must again reprove guilt

Q: A defendant's offer to plead guilty _____. a. cannot be used as evidence if the defendant goes to trial b. can be used at trial as evidence of guilt c. can be used as evidence at trial if the prosecution consents d. can be used at trial if the defendant fails to plea bargain in good faith

Q: The main danger in the present system of nontrial dispositions in the form of plea bargains is that it ____. a. is excessively punitive b. takes excessive time and resources c. is typically very inflexible d. is informal and invisible

Q: An affirmative defense is one in which the defendant _____. a. denies doing the criminal act and presents evidence of who did b. argues the defense of double jeopardy c. has agreed to a plea bargain d. admits the act but claims other matters that will result in an acquittal.

Q: In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is on the _____. a. prosecution to disprove the defense b. defendant to prove the defense c. defendant to prove the defense beyond a reasonable doubt d. prosecution to disprove the defense beyond a reasonable doubt

Q: In a typical conditional plea, the defendant pleads guilty but reserves the right to _____. a. appeal certain issues b. a jury trial c. a bench trial d. a speedy and public trial

Q: In an Alford plea, the defendant pleads guilty while _____. a. still demanding a jury trial b. refusing to accept the court's jurisdiction c. asserting his or her innocence d. manifestly not competent for trial

Q: If a defendant wants to plead guilty, the defendant must _____. a. waive a number of rights b. prove to the judge that s/he is not insane c. be represented by an attorney d. have agreed to a plea bargain

Q: In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead _____. a. not guilty b. guilty c. no contest d. double jeopardy

Q: If a defendant refuses to enter a plea, the court will enter a plea of _____. a. not guilty b. guilty c. no contest d. not guilty by reason of insanity

Q: Another term for a no contest plea is a plea of _____. a. former jeopardy b. guilty but mentally ill c. nolo contendere d. guilty on conditions

Q: At the _____, the defendant will enter a formal plea to the charges. a. arraignment b. pretrial motions c. preliminary hearing d. coram nobis

Q: In states that do not use grand juries, a case can begin with the filing of a(n) _____. a. criminal complaint b. information c. habeas corpus d. indictment

Q: An indictment is a formal criminal charge issued by the _____. a. police b. the judge c. the prosecutor d. the grand jury

Q: In terms of procedure, _____. a. felony cases involve more steps than misdemeanor cases b. misdemeanor cases involve more protections for defendants c. felony and misdemeanor cases have exactly the same procedures d. most states require grand jury review only in misdemeanor cases

Q: Discuss the method and procedure in place for the reviewing of sentencing.

Q: Discuss the pros and cons of possible bail outcomes from a prosecutorial and defense attorney position.

Q: Explain how the rules of evidence are not designed to be of assistance in the search for truth but have other purposes; they often actually hinder the search for the truth.

Q: Evidence case reviews increase efficiency and lead to higher clearance rates. Discuss why these reviews are helpful. Focus your discussion on questions about evidence that may aid in a review, i.e., physical evidence, witnesses, suspect(s) confession(s).

Q: Assume the role of defense attorney. Would you ever encourage a client to use the insanity plea? Why or why not? Under what circumstances? Explain your answers fully.

Q: How do prosecutors and defense attorneys weigh the strength and admissibility of the evidence when determining whether plea bargaining will be successful?

Q: Define, discuss, compare, and contrast the please of guilty, not guilty, and no contest (nolo contendere). Why would a person plead no contest rather than guilty?

Q: Briefly trace the steps in a typical state felony case from commission of the crime to habeas corpus. Briefly describe what happens at each step. What are the legal methods by which someone convicted in state court could challenge their conviction in a federal court?

Q: The greatest risk of granting _____ is flight.

Q: The _____ plea typically requires evidence of disease or defect.

Q: A "best practice" includes a _____ review of evidence.

Q: Although an appellate court may find that errors were committed at the trial, only _____ errors will result in a new trial.

Q: Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) _____.

Q: A state prisoner ordinarily uses a writ of _____us in attempting to get his or her case into the federal courts.

Q: About 20% of the cases that go to trial are tried before a(n) _____.

Q: A guilty plea where the defendant reserves certain rights (such as the right to appeal a legal issue) is termed a(n) _____ plea.

Q: A guilty plea in which the defendant continues to assert innocence is called a/n _____ plea.

Q: A no contest plea is the same as a _____ plea.

Q: The formal court proceeding at which the defendant enters a plea to the charges is called a/n _____.

Q: A(n) _____ is a statement by the prosecution detailing the basis on which it is believed the defendant committed a crime.

Q: A(n) _____ is a formal criminal charge issued by a grand jury.

Q: In many jurisdictions, before trial, a defendant charged with a felony may be entitled to a preliminary _____.

Q: Following the filing of a criminal complaint, the judge or magistrate may issue an arrest _____.

Q: In using the insanity defense, most defendants also enter a not guilty plea. a. True b. False

Q: The rules of evidence always apply. a. True b. False

Q: One of the purposes of some of the rules of evidence is to assist in finding the truth. a. True b. False

Q: In general, cases with significant evidentiary problems are likely to be weeded out. a. True b. False

Q: One of the goals of the criminal justice system is seeking retribution for victims. a. True b. False

Q: Both defense attorneys and prosecutors evaluate the strength and admissibility of evidence in deciding upon strategies for handling the case. a. True b. False

Q: The defense of insanity is successful in the majority of cases where the defendant uses it. a. True b. False

Q: All states allow a plea of not guilty by reason of insanity. a. True b. False

Q: In order to preserve the right to appeal an issue after entry of a guilty plea, a defendant would attempt to enter a conditional plea. a. True b. False

Q: The Constitution requires judges to refuse to accept Alford pleas. a. True b. False