Criminal Courts 65 Multiple Choice

Assignment 6B

 

Use the answer sheet to respond to the following questions. When completed, post your answer

sheet through the Assignments section. There is one correct answer per question, and each

answer is worth two points.

 

Example:

 

Which amendment protects against unreasonable searches and seizures?

a) First Amendment

b) Fourth Amendment

c) Fifth Amendment

d) Sixth Amendment

e) None of the above.

 

The correct answer is “B,” so you would enter “B” on the answer sheet for this assignment. One

point would be awarded for this question as the question was answered correctly.

 

 

1. According to the text,

a) about half of all judges attend and actively participate in plea bargain negotiations.

b) judges in some courts assume the plea-bargaining roles of absent attorneys (whether they be

prosecutors or defense attorneys.).

c) judges reject plea bargains on a fairly routine basis (approximately 25% of the time), which

demonstrates their ability to remain neutral.

d) All of the above.

e) None of the above.

 

2. The only flight risk predictor found to be 100% accurate is

a) prior criminal background.

b) ties to the community.

c) financial status.

d) seriousness of the crime alleged.

e) None of the above.

 

3. The prosecutor offers to allow the defendant to plead guilty to simple assault rather than

aggravated assault. This is an example of ________ bargaining.

a) hard

b) sentence

c) count

d) charge

e) None of the above

 

4. Police are known as the gatekeepers of the criminal justice system because

a) they define crimes and their potential penalties.

b) their actions determine who becomes involved with the criminal justice system.

 

 

c) they are the only source to whom crimes can be reported and have sole authority to conduct

criminal investigations.

d) All of the above.

e) None of the above.

 

5. Leading questions

a) are allowed only on direct examination.

b) are allowed only on cross-examination.

c) are allowed during both direct examination and cross-examination.

d) prohibited during all stages of the trial.

e) None of the above.

 

6. Under early common law bail systems,

a) the strength of evidence against a defendant was considered in the bail decision.

b) those who served as surety for defendants could be substantially fined or even executed if

defendants did not appear for trial.

c) defendants charged with serious crimes such as murder, arson, and treason were not eligible

for bail.

d) All of the above.

e) None of the above.

 

7. Plea bargaining

a) allows key courtroom players to work cooperatively towards achieving their individual goals.

b) promotes the adversarial nature of the courtroom process.

c) tends to create dissention among competing attorneys.

d) reduces the actual conviction rate of prosecutors.

e) None of the above.

 

8. Police discretion

a) is strictly limited to only life-threatening or other emergency situations.

b) protects officers from civil liability lawsuits.

c) is necessitated in part by limited resources and public opposition to total enforcement of laws.

d) All of the above.

e) None of the above.

 

9. Alaska’s ban of plea bargaining resulted in

a) a significant drop in the number of guilty pleas.

b) more severe sentences for violent offenders.

c) no significant change in the amount of time from arrest to the end of trial.

d) All of the above.

e) None of the above.

 

10. According to research on police discretion,

a) officers with more years of service are more likely to use discretion when handling driving

offenses.

b) police enforcement of the law is consistent regardless of community norms and values.

 

 

c) officers continue to use discretion despite mandatory arrest policies.

d) All of the above.

e) None of the above.

 

11. Scientific jury selection

a) is used relatively rarely in criminal trials.

b) relies on the hunches and experiences of attorneys.

c) has been conclusively proven to be superior to the traditional jury selection methods.

d) All of the above.

e) None of the above.

 

12. The judge sets bail at $10,000 for Francis, who is charged with armed robbery. Francis

appears for all scheduled court dates, is convicted, and ordered to pay $7,500 restitution to the

victim of the armed robbery. Which of the following is true?

a) The victim is paid $7,500 from Francis’s bail, and Francis receives the remaining $2,500.

b) The victim is paid $7,500 from Francis’s bail, and the remaining $2,500 is retained by the

court to cover court costs.

c) Francis loses the $10,000 paid for bail due to being convicted.

d) The $10,000 bail is returned to Francis, despite the conviction and order of restitution.

e) None of the above.

 

13. The defense attorney fears his client cannot receive a fair trial due to excessive media

coverage of the case and would like to request the trial be moved to a different jurisdiction. This

request should be made

a) as a pre-trial motion.

b) during the discovery process.

c) as part of ongoing negotiations with the prosecution.

d) on the first day of the trial.

e) None of the above.

 

14. Defendants A and B are charged as co-defendants in the same crime. Defendant A has

owned a home in the community for seven years, has an annual salary of $50,000, and has three

children attending the local school system. Defendant B was visiting Defendant A from another

state and is currently unemployed. Which of the following is most likely true?

a) Defendant A’s bail will be higher because he has more financial assets to pay bail.

b) Defendant A’s bail will be lower because of his ties to the community.

c) Defendant A’s bail will be lower because he has a family to support.

d) Bail for both defendants will be the same as the crime is the same.

e) None of the above.

 

15. During a sidebar,

a) the judge explains critical legal information to jurors.

b) the judge, prosecutor, and attorney meet in the judge’s chambers to discuss the case.

c) jurors can ask the judge any questions they may have about evidence presented during the

trial.

 

 

d) the judge and attorneys meet at the judge’s bench to discuss an issue outside the hearing of the

jury.

e) None of the above.

 

16. Which of the following is true?

a) About half of defendants charged with felonies have bail set at $5,000 or less.

b) Only about 25% of defendants charged with violent crimes receive bails in excess of $25,000.

c) Wealthy defendants may receive higher bails to discourage bail forfeiture.

d) All of the above are true.

e) None of the above are true.

 

17. Defendants charged with ______ offenses have a constitutional right to bail.

a) traffic

b) misdemeanor

c) felonies

d) All of the above.

e) None of the above.

 

18. Preventative detention

a) has been ruled unconstitutional by the U.S. Supreme Court.

b) can be used only in cases involving violent offenses.

c) allows courts to hold defendants without setting bail.

d) All of the above.

e) None of the above.

 

19. James is arrested for reckless driving and taken to the police station for processing. In most

jurisdictions,

a) the police determine if bail should be set and, if so, what the amount of bail should be.

b) James must remain in jail until a judge is available to set bail.

c) James can pay a pre-determined bail amount set by the court.

d) James must be released without bail because he has not yet been proven guilty.

e) None of the above.

 

20. Police discretion

a) allows abuse of power and police misconduct to occur.

b) ensures equal treatment of all individuals.

c) has little impact on perceived legitimacy of the criminal justice system.

d) All of the above.

e) None of the above.

 

21. Stephanie posted a $35,000 bond for Lisa, and Lisa fails to appear at her court date. Which

of the following is true?

a) Stephanie’s only recourse is to file a civil suit against Lisa for the amount of the bond.

b) Stephanie can attempt to track down Lisa but can do so only with the assistance of law

enforcement.

c) Stephanie is responsible for the full amount of the $35,000 bond.

 

 

d) All of the above.

e) None of the above.

 

22. According to at least one study, case attrition most often occurs

a) in the plea bargaining process.

b) between arrest and the filing of charges.

c) at the request of victims who no longer wish to pursue charges.

d) after a preliminary hearing and determination of insufficient evidence.

e) None of the above.

 

23. Initially, bail was designed to

a) release defendants from incarceration prior to trial so the government would not be required

to provide care.

b) detain defendants until they agreed to cooperate with police and prosecutors.

c) ensure those accused of crimes received some type of punishment.

d) All of the above.

e) None of the above.

 

24. Which of the following is true, according to the funnel model of the criminal justice system?

a) To ensure all cases involving arrest are eventually prosecuted, the criminal justice system

creates a certain backlog of cases at each level, giving the courts sufficient time to hear each

case.

b) Cases at each section of the funnel are similar in nature and should be handled in a similar

manner.

c) Only the most serious cases are processed through the criminal justice system, while less

serious cases are removed through attrition.

d) All of the above.

e) None of the above.

 

25. Defendant A is sentenced to six years in prison, Defendant B is sentenced to two three-year

sentences to run consecutive, and Defendant C is sentenced to two six-year sentences to run

concurrently. Which defendant must serve the most time in prison?

a) Defendant A

b) Defendant B

c) Defendant C

d) Defendants B and C must both serve more time than Defendant A.

e) All defendants must serve the same amount of time in prison.

 

26. At the bail hearing, the defendant’s pastor requests the defendant be released to his custody.

He tells the court he has been working closely with the defendant over the past few months to

resolve a number of personal issues and can guarantee the defendant will appear at all court

appointments. The judge grants the pastor’s request, which is a form of release known as

a) release on recognizance.

b) third-party custody.

c) surety bond.

d) guardianship release.

 

 

e) None of the above.

 

27. At the bail hearing, the prosecutor requests the defendant, who is charged with three counts

of sexual assault, be held in preventative detention. The judge

a) cannot grant the request as the defendant is not charged with a capital offense (punishable by

death).

b) can grant the request only if the prosecution can prove the defendant is a flight risk.

c) can grant the request if the defendant is deemed a threat to others in the community.

d) can grant the request if there is overwhelming evidence of guilt.

e) None of the above.

 

28. Bail sureties

a) have unlimited authority to track down bail skippers.

b) are bound by the same constitutional rules as law enforcement officers.

c) can be held liable for harm caused by their recovery efforts.

d) All of the above.

e) None of the above.

 

29. The U.S. Constitution

a) is silent on the issue of bail.

b) requires bail be set for all misdemeanors.

c) sets maximum bail amounts for each type of offense (misdemeanor and felony).

d) prohibits excessive bail.

e) None of the above.

 

30. Which of the following is an example of discretion?

a) A police officer observes a juvenile spray painting a roadside sign. He lectures the juvenile

and releases him to his parents without filing charges.

b) After being informed that a domestic violence victim refuses to testify, the prosecutor

continues to prosecute the case using other forms of evidence, as required by the agency’s “no

drop” policy.

c) Following mandatory reporting requirements, a probation officer petitions the court to revoke

the probation of a client who tested positive for drugs.

d) All of the above are examples of discretion.

e) None of the above are examples of discretion.

 

31. Jason posts a $5,000 fully secured bond for a theft from a local business. If he does not

appear for trial,

a) he loses the entire $5,000 bond but no longer has to stand trial.

b) he loses the entire $5,000 bond and must still stand trial.

c) the $5,000 is held only until he can be found or appears for trial.

d) the $5,000 can be used to reimburse the business for its loss in the crime.

e) None of the above.

 

32. At a bail hearing, the prosecution requests a $12,000 fully secured bond based on the nature

of the offense and the defendant’s lack of ties to the community. The defense requests a $5,000

 

 

percentage bond, indicating the defendant has no prior criminal history and is employed full-

time. Based on research, the judge

a) is more likely to side with the prosecution.

b) is more likely to side with the defense.

c) is more likely to compromise with the two requests.

d) is no more likely to favor either requests.

e) None of the above.

 

33. According to research cited in the text, defendants released on bail

a) are less likely to waive their right to trial and plead guilty.

b) generally receive harsher sentences than those not released on bail, perhaps due to time

served.

c) are better able to assist in preparation of their defense.

d) All of the above.

e) None of the above.

 

34. Which of the following type of bail does not require forfeiture of bond if defendants fail to

appear in court?

a) Deposit bail

b) Unsecured bail

c) surety bail

d) All of the above require forfeiture for non-appearance.

e) None of the above require forfeiture for non-appearance.

 

35. In terms of jury selection, venire

a) means to speak the truth.

b) refers to final group of jurors selected for a trial.

c) refers to the jury panel.

d) is the process of polling jurors following a verdict.

e) None of the above.

 

36. Plea bargains occur in approximately ____% of all criminal cases.

a) 35

b) 50

c) 75

d) 90

e) None of the above.

 

37. The least common type of plea bargaining is

a) sentence bargaining.

b) count bargaining.

c) charge bargaining.

d) felonious bargaining.

e) None of the above.

 

 

 

38. In early American courts (pre-Civil War), which of the following cases was most likely to be

plea bargained?

a) prostitution

b) minor theft

c) wife battering

d) All of the above were likely to be plea bargained.

e) None of the above were likely to be plea bargained.

 

39. Jury nullification

a) occurs when the judge refuses to accept the verdict of the jury.

b) occurs when the jury returns a verdict not consistent with the evidence presented at trial.

c) is a leading cause of mistrials.

d) occurs when the judge dismisses jurors due to misconduct.

e) None of the above.

 

40. According to the text,

a) the majority of defendants charged with murder are granted some type of bail.

b) only one in ten defendants are denied bail.

c) 94% of those charged with a crime are ultimately given bail.

d) All of the above.

e) None of the above.

 

41. During opening statements, attorneys

a) should refer to jurors by name to establish a personal bond.

b) should call into question the credibility of the opposing attorney and witnesses to minimize

the impact of their testimony.

c) should develop the framework of the case and present a theory of what happened.

d) All of the above.

e) None of the above.

 

42. The prosecutor tells the defendant that, if he pleads guilty, he will ask the judge to reduce the

term of imprisonment by half. This is an example of a(n) __________ plea bargain.

a) explicit

b) implicit

c) promissory

d) reductive

e) None of the above.

 

43. The defendant appears before the judge and states he wishes to enter into the plea bargain

offered by the prosecution. The judge

a) must accept the plea bargain if the prosecution and defense both agree to the terms.

b) must be satisfied that the defendant is indeed guilty of the charge(s) to which he is pleading.

c) must ensure the defendant’s actions are voluntary.

d) All of the above.

e) None of the above.

 

 

 

44. At the bail hearing, the prosecution requests that Frankie be given a conditional release,

requiring that he wear an electronic monitoring device, refrain from alcohol use, and have no

contact with the victim. The judge

a) can set these conditions as long as they are reasonably related to protecting the community or

ensuring the defendant appears for trial.

b) can set only conditions that could be incorporated as part of the defendant’s sentence if

convicted.

c) can set any conditions he chooses as the defendant has the option to decline them.

d) can set a high bail amount but has no authority to establish any special conditions as the

defendant has not been found guilty.

e) None of the above.

 

45. Surety bail

a) requires defendants to post 100% of the bail to ensure their appearance.

b) is the most common type of bail.

c) generally involves use of a bail bondsmen, who charges a nonrefundable fee.

d) All of the above.

e) None of the above.

 

46. Which of the following is true of plea bargains?

a) They are usually initiated by prosecutors.

b) Prosecutors place more emphasis on appropriate sentences than obtaining convictions.

c) Once agreement has been reached, the prosecutor, as the minister of justice, must “sell’ the

deal to the defendant..

d) All of the above.

e) None of the above.

 

47. Once bail has been set, it can be revoked

a) only if the defendant commits another crime.

b) only if the defendant fails to appear for a scheduled trial.

c) only if the defendant attempts to leave the court’s jurisdiction.

d) for any reason, if the surety no longer wishes to be responsible for the bond.

e) None of the above.

 

48. During closing arguments,

a) attorneys are not allowed to introduce new evidence.

b) statements made by the prosecution are immune from appeal.

c) attorneys can invoke stereotypes about witnesses, victims, and the defendant as long as they

do not contradict evidence submitted during trial.

d) All of the above.

e) None of the above.

 

49. Which of the following is not an advantage of plea bargains, according to the U.S. Supreme

Court?

a) They lead to prompt disposition of cases.

b) They enhance the rehabilitative prospects of defendants when they are imprisoned.

 

 

c) They reduce negative consequences of pre-trial release, as well as pre-trial detention.

d) All of the above are advantages identified by the Supreme Court.

e) None of the above are advantages identified by the Supreme Court.

 

50. The Manhattan Bail Project

a) led to repeal of the Bail Reform Act of 1966, which limited access to bail for indigent

defendants.

b) found that defendants released on bail were substantially less likely to be convicted than those

denied bail.

c) found that indigent defendants were less likely to appear for trial than wealthier defendants.

d) All of the above.

e) None of the above.

 

51. Jury deliberations

a) occur in the presence of the bailiff to ensure compliance with jury instructions.

b) occur throughout the trial process during breaks from the courtroom.

c) often involve compromise, bargaining, and even coercion to reach a verdict.

d) All of the above.

e) None of the above.

 

52. Bounty hunters

a) are heavily regulated by state and federal law.

b) must be licensed in just two states.

c) are exempt from most laws while tracking bail skippers.

d) All of the above.

e) None of the above.

 

53. Which of the following cases is most likely to be plea bargained by the prosecutor?

a) The prosecution has videotaped footage of the defendant committing the crime.

b) The case involves a minor offense but has drawn widespread public attention.

c) The prosecution’s evidence consists solely of one eyewitness.

d) All of the above are equally likely to be plea bargained.

e) None of the above are likely to be plea bargained.

 

54. A jury of one’s peers means jurors

a) are from the same socioeconomic group as the defendant.

b) share at least one common characteristic with the defendant (such as race or sex).

c) are from the same community as the defendant.

d) All of the above meet the requirements to be a jury of one’s peers.

e) None of the above.

 

55. Release on recognizance

a) is the most common form of pre-trial release.

b) is a form of bail.

c) requires use of collateral.

d) All of the above.

 

 

e) None of the above.

 

56. Defense attorneys hope plea bargains result in

a) an acquittal for the defendant.

b) a reduced penalty for the defendant.

c) improved relations with other key courtroom players.

d) All of the above.

e) None of the above.

 

57. According to Moley, plea bargains

a) are an effective means to dispose of cases and should be encouraged.

b) allow courts to circumvent mandatory sentences.

c) is consistent with the basic philosophy of justice.

d) All of the above.

e) None of the above.

 

58. During jury selection,

a) attorneys have a limited number of challenges for cause.

b) peremptory challenges can be used only if an attorney can demonstrate the juror cannot be

impartial.

c) attorneys attempt to identify jurors sympathetic to their side of the case.

d) All of the above.

e) None of the above.

 

59. _________ is/are considered the heart and soul of a criminal trial.

a) Cross-examination

b) Opening statements

c) Case-in-chief

d) Direct examination

e) None of the above.

 

60. According to the wedding cake model of the criminal justice system,

a) the number of crimes processed diminishes at each step of the legal system.

b) misdemeanors receive greater attention from the courts.

c) lower layers of the cake experience higher levels of attrition.

d) All of the above.

e) None of the above.

 

61. Which of the following is true of police?

a) Most of their contact s with citizens come from citizens reporting crimes, as either victims or

witnesses.

b) Most of their time is spent enforcing criminal and traffic laws.

c) Line-level officers (those at the working level, such as patrol officers) , rather than high-level

officials, make some of the most critical decisions in the criminal justice system.

d) All of the above.

e) None of the above.

 

 

 

62. Which of the following is not a piece of advice given by jurors to attorneys?

a) Object often to demonstrate legal knowledge and assertiveness.

b) Repeat evidence and key points often to ensure jurors understand.

c) Be dramatic and theatrical to enhance presentation to the jury.

d) All of the above are advice given by jurors.

e) None of the above are advice given by jurors.

 

The following questions are optional. You will not be penalized if you choose to not answer

these. These questions serve as extra credit, but your grade cannot exceed 125 points.

 

63. During a murder trial, evidence is presented that the defendant planned the crime for more

than a month, even making arrangements to purchase a special silencer for the murder weapon.

Evidence is also presented that the defendant was abused as a child, causing delayed mental

development. Which of the following is true?

a) The defendant’s actions in planning the murder is an aggravating factor.

b) The defendant’s delayed mental development is an aggravating factor.

c) The defendant’s use of a silencer is a mitigating factor.

d) All of the above are true.

e) None of the above are true.

 

64. The district attorney reports a 33% attrition rate of cases within the county courts. This

means 33% of all cases

a) result in conviction.

b) are removed from the system before conviction.

c) are resolved through plea bargains or other forms of arbitration.

d) involve defendants who have a previous record with the courts.

e) None of the above.

 

65. Which of the following is true of mistrials?

a) About 10% of all cases end in a mistrial due to a hung jury.

b) Prosecutors cannot re-prosecute a case that ends in a mistrial.

c) A mistrial can occur due to the death of one of the attorneys or juror misconduct.

d) All of the above are true.

e) None of the above are true.