Intro to Courts - Exam 2

Defendants can only plead guilty if the prosecution agrees
True or False

False

Research suggests that the strongest predictor of whether prosecutors will file charges is ___?

Convictability/strength of evidence

A trial in which the judge is the factfinder and determines guilt is called:

Bench trial

A ___ is clearly appealable b/c its a direct infringement of due process

Brady violation

Which jury determines if someone will be indicted on a felony offense?

Grand jury

Charging a single offense at a higher level or “excessive” counts has been referred to as:

Charge stacking (overcharging)
Vindictiveness
Charge bargaining
Plea Bargaining

Charge Stacking (overcharging)

There is a constitutional right to bail/bond
True or False?

False

Sentencing schemes that assign weights to characteristics such as prior criminal history and offense severity to arrive at a sentence recommendation are called:

Mandatory minimums
Sentencing guidelines
Three-strike laws
All of the above

Sentencing guidelines

Research suggests that both legal and extra-legal factors become components of ___, which then impacts charging decisions

Evidence
Bias
Convictability
Sentencing guidelines

Convictability

According to the shadow of the trial theory, as the probability of conviction at trial decrease, plea deals will need to become

Less lenient
More lenient
More severe
None of the above

More lenient

DNA is typically considered what form of evidence?

Direct
Circumstantial
Eyewitness
Testimonial

Circumstantial

The idea that defendants accept plea deals due to the threat of a harsher punishment at trial is associated with what critique of plea bargaining

Innocence problem
Temporal discounting
Coercion
Plea comprehension

Coercion

Which of the following are major contributors to wrongful convictions

Eyewitness
Forensic evidence (other than DNA)
False confessions
All of the above

All of the above

The idea that exculpatory evidence must be shard with defense prior to trial was established in:

U.s. vs Ruiz
Alvarez v. the City of Brownsville
Brady v. Maryland
Brewer v. Williams

Brady v. Maryland

Prosecutors have discretion over

Whether to file charges
What charges to file
The severity and number of charges to file
All of the above

All of the above

If you plead guilty but you do not have a plea agreement, who makes the direct sentencing decision?

Judge
Prosecutor
Jury
Defense attorney

Judge

__ is the burden of proof at trials:

Reasonable suspicion
Probable cause
Preponderance of the evidence
Beyond a reasonable doubt

Beyond a reasonable doubt

If you plead guilty, you may not have the constitutional right to:

Representation
Exculpatory Impeachment evidence
Indictment by grand jury
Arraignment

Exculpatory impeachment evidence

Defendants who plead guilty generally waive their right to appeal
True or False

True

Why can prosecution generally not appeal after a trial verdict?

Double Jeopardy

95% of criminal convictions are achieved by

Trial
Guilty plea
Charge bargaining
Mandatory minimums

Guilty plea

If your bail requires you to give up money or property, you have a ___ bail:

Secured
Unsecured
Conditional
Release on recognizance

Secured

What is the burden of proof needed for an arrest

Reasonable suspicion
Preponderance of the evidence
Probable cause
Beyond a reasonable doubt

Probable cause

If a defendant wins an appeal:

They are found not guilty
The case is sent back to the trial court
The case is dismissed
All of the above

The case is sent back to the trial court

What court actors have discretion over charging decisions?

Judges
Defense attorneys
Prosecutors
Prosecutors and judges

Prosecutors

Frohmann’s (1997) findings suggested that prosecutors anticipated potential biases of the ___ when making charging decisions

Defendant
Judge
Defense attorney
Jury

Jury

A judge has two bond hearings. In hearing 1, the defendant is charged with a non-violent drug offense and has a history of failing to appear in court. In hearing 2, the defendant is charged with a non-violent drug offense and does not have a history of failing to appear in court. In which case is the judge more likely to grant a bond?

Hearing 1
Hearing 2
Cannot tell

Hearing 2

A defendant is arrested for possession of heroin. Rather than only charging the defendant with possession oh heroin, the prosecutor also charges them with “possession with intent to distribute” and “manufacturing a controlled substance.” The defense attorney believes that the prosecutor is being excessive, even though all charges may be legally justified. This would be an example of what?

Charge stacking (or overcharging)
Plea negotiation
Charge bargaining
Sentence bargaining

Charge stacking (or overcharging)

If a police officer observes a crime on the street, immediately arrests someone, and then takes them to the magistrate, this would be an example of what type of arrest?

Arrest with warrant
Warrantless arrest
Indictment
Terry stop

Warrantless arrest

Being released from jail prior to your trial date with non-monetary conditions (e.g., drug testing, travel restrictions, etc.) is what type of bail/bond?

Secured bail/bond
Unsecured bail/bond
Conditional bail/bond
Bail bondsmen

Conditional bail/bond

Foote’s (1954) research suggests that defendants who are held without bond are more likely to …. (select all that apply)

Be convicted
Be sentences to prison
Be acquitted
Go to trial

Be convicted
Be sentenced to prison

Which of the following are factors that judges can and should take into account when making bail/bond decisions? (select all that apply)

Record of failing to appear in court
Criminal history
Offense severity
Demographic characteristics

Record of failing to appear in court
Criminal history
Offense severity

Defendants who use a bail bondsman only have to pay 10% of their bail, but this 10% is nonrefundable.

True or False

True

In what state court does the preliminary hearing occur?

Court of Limited Jurisdiction
Court of General Jurisdiction
Court of Appeals
State Supreme Court

Court of Limited Jurisdiction

There is a constitutional right to bail/bond

True or False

False

Prosecutorial discretion over charging decisions includes (select all that apply)

Whether to prosecute a case
What charges to file
The severity and number of charges to file
Whether to take the case to trial

Whether to prosecute a case
What charges to file
The severity and number of charges to file

Legal and extra-legal factors both become components of ___ to influence charging decisions

Bail/bond
Convictability
Defendant dangerousness
Flight risk

Convictability

When bail/bond is greater than the amount necessary to ensure a defendant appears at trial, it may be considered…

Monetary
Conditional
Unconditional
Excessive

Excessive

2 defendants commit similar robberies. Both defendants used a gun, both defendants have no criminal history, and the victim in both cases was a complete stranger. Defendant 1 makes $50,000 per year, while defendant 2 makes $25,000. If defendant 1 is given a bail of $1,000, what should defendant 2’s bail amount be (if bail is proportional to income)?

$250
$500
$750
$1000

$500

The goal(s) of bail/bond include (select all that apply)

Ensure defendant returns to court
Protect the community
Punish defendants
Generate money

Ensure defendant returns to court
Protect the community

A defendant who posts bail receives their money back if they appear in court

True or False

True

Prosecutors have to file criminal charges if there is sufficient evidence

True or False

False

Stronger evidence make prosecutors __ likely to charge a case

More
Less
No effect

More

Preliminary hearings (probable cause hearings) occur for

Misdemeanors
Felonies
Misdemeanors and felonies
Violent crimes

Felonies

What does an arrest, preliminary hearing, and grand jury have in common?

All occur for both misdemeanors and felony offenses
All are stages in which the judge has ultimate discretion
The burden of proof for all stages is probable cause
All of the above

The burden of proof for all stages is probable cause

You are a defense attorney hoping to review evidence for an upcoming case. The prosecutor tells you that they have a policy in which you may come to their office and freely look at the case file and any available evidence. This would be an example of what?

Discovery order
Closed-file discovery
Open-file discovery
Plea negotiation

Open-file discovery

Which of the following are forms of guilty pleas (or their equivalent) that a defendant may enter? (select all that apply)

Guilty plea
No contest plea
Alford plea
Insanity plea

Guilty plea
No contest plea
Alford plea

A plea in which a defendant accepts punishment while maintaining their innocence is called what?

Guilty plea
No contest plea
Alford plea
Not guilty plea

Alford plea

You are a defendant accused of credit card fraud. The allegation is that you made 20 unauthorized purchases using someone else’s credit card number. Rather than charging you with one count of credit card fraud. The prosecutor in the case decides to charge you with 20 counts of credit card fraud (one for each transaction). The prosecutor then offers you a deal. In exchange for a guilty plea. 19 of 20 counts will be dropped and you will only be found guilty of 1 count of credit card fraud. What type of plea strategy is this?

Sentence bargaining
Charge bargaining
Sentence recommendation
All of the above

Charge bargaining

The concern surrounding plea bargaining in which defendants may focus on short-term intermediate rewards rather than long-term consequences is called what?

Coercion
Temporal discounting
Plea comprehension
Innocence problem

Temporal discounting