Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
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1.
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Police
illegally enter Serge’s house looking for a stolen TV. They do not find the TV, but they do
observe a pawn ticket. Leaving the ticket where they find it, the officers go to the pawn shop where
they observe the TV and seize it. Serge is prosecuted for the theft of the TV
set.
As Serge’s attorney, which of the following pretrial motions to
exclude the evidence would you make? a. | motion to change venue | c. | motion to suppress evidence | b. | motion for
continuance | d. | motion for
mistrial | | | | |
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2.
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Which of
these facts would a judge consider in deciding a motion to change venue? a. | the community’s
hostility | c. | the convenience of the
press | b. | the convenience of attorneys | d. | none of the above | | | | |
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3.
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What does it
mean if a judge releases a defendant on personal recognizance? a. | the defendant needs a
third-party custodian | b. | the defendant is required to post bond | c. | the defendant has
adequate ties to the community and can be expected to return to court | d. | none of the
above | | |
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4.
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In a grand
jury proceeding, which of the following is true? a. | Only the federal judicial systems uses this
process. | b. | The defendant and his attorney have the right to present evidence
during the proceeding. | c. | The prosecutor need not present all of the evidence the state has at
this proceeding. | d. | The Fourth Amendment requires a grand jury indictment for a serious
federal crime. | | |
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5.
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Which of the
following is an argument in support of pretrial release? a. | It is a right
guaranteed by the Sixth Amendment. | b. | It is punishment prior to conviction. | c. | It is a right
guaranteed by the Fifth Amendment. | d. | It reflects the American judicial system’s presumption of
innocence. | | |
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Completion
Complete each sentence or
statement.
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Complete
each of the following statements with the appropriate choice below. Some choices may not be
used and some may be used more than once.
judge | police | jury | defendant | prosecutor | victim | |
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6.
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In many
cases the ____________________ and the defense enter into plea bargains.
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7.
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The
____________________ is not required to accept a plea bargain worked out by the
parties.
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8.
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The
____________________ may be allowed to take fingernail clippings, handwriting specimens, or blood
samples from the ____________________ at booking.
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9.
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____________________ prepares an information in misdemeanor cases.
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10.
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A
judge will not accept a plea bargain if the ____________________ does not fully understand and
voluntarily enter the plea.
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Matching
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Determine to whom each of the benefits of plea bargaining listed below
applies. a. | prosecutors | c. | judges | b. | defense attorneys | d. | defendants | | | | |
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11.
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forces the defense counsel and prosecutor to discuss the relative strengths and
weaknesses of their cases
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12.
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in
weak cases, still get a conviction, even if to a lesser crime
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13.
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receive some favorable benefits (reduced criminal charge, lower penalty,
etc.)
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14.
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have
very high caseloads and rely on defendants to plead guilty in order to be able to handle their
work
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15.
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may
have high caseloads too
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16.
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is
less expensive (for those who pay for their own counsel) and is less time-consuming
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17.
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reduces their dockets
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18.
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helps
them achieve a favorable outcome for their client, such as a reduced charge, a lesser penalty, or
other charges dismissed
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19.
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without guilty pleas, trials on these charges could not occur within the speedy trial
rule
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Determine to whom each of the disadvantages of plea bargaining listed below
applies. a. | prosecutor | c. | defendant | b. | defense attorney | d. | judge | | | | |
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20.
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as
elected official, may feel that the public unfairly blames him or her for “deals” made by
the prosecutor
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21.
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may
not obtain the benefit he or she expected from the plea bargain
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22.
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may
come to believe that the system is unfair and his or her attorney is incompetent
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23.
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as
elected official, may be strongly criticized by public for plea bargaining, especially in notorious
cases
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24.
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may
come to believe that the criminal justice system is not about justice, but about
dealmaking
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25.
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may
negotiate a plea arrangement that the judge does not accept, which results in the client pleading
guilty and not obtaining the benefit expected
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Short Answer
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26.
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What
is the most frequent resolution of criminal cases in the 17 state court systems reported on the
graph?
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27.
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What
is the least common resolution of criminal cases in the 17 state court systems?
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