Ch9 Exam Prep The Disposition Plea, Bargaining, Trial, And

Chapter 9: The Disposition: Plea, Bargaining, Trial, and Sentencing

Test Bank

Type: multiple choice question

Title: Chapter 9 - Question 1

1) This is a compromise reached by the defendant, defendant's attorney, and the prosecutor.

a. Motion for dismissal

b. Acquittal

c. Warrant

d. Plea bargain

Type: multiple choice question

Title: Chapter 9 - Question 2

2) In this type of plea, a defendant pleads guilty or nolo contendere to a lesser included charge.

a. Horizontal plea

b. Avoidance-of-stigma plea

c. Vertical plea

d. Reduced-sentence plea

Type: multiple choice question

Title: Chapter 9 - Question 3

3) In this type of plea, a defendant pleads guilty to a charge in exchange for other charges being dropped.

a. Horizontal plea

b. Avoidance-of-stigma plea

c. Reduced-sentence plea

d. Vertical plea

Type: multiple choice question

Title: Chapter 9 - Question 4

4) In this type of plea, the prosecutor, defense attorney, and judge decide on a reduced plea.

a. Avoidance-of-stigma plea

b. Vertical plea

c. Horizontal plea

d. Reduced-sentence plea

Type: multiple choice question

Title: Chapter 9 - Question 5

5) This is the first step of the trial process.

a. Verdict

b. Defense opening statement

c. Defendant’s plea

d. indictment

Type: multiple choice question

Title: Chapter 9 - Question 6

6) This motion allows the defense to obtain documents and a list of the prosecution's witnesses.

a. Motion for dismissal of charges

b. Motion for severance of defendants

c. Notion for discovery

d. Motion for continuance

Type: multiple choice question

Title: Chapter 9 - Question 7

7) Thanks to this rule, prosecutors are prohibited from using evidence that is illegally obtained.

a. Five-second rule

b. Rule of four

c. Exclusionary rule

d. Hands-off rule

Type: multiple choice question

Title: Chapter 9 - Question 8

8) The defense attorney tries to do this to the prosecution's witnesses by asking questions that undermine the prosecution's case.

a. Imbibe

b. Impeach

c. Immolate

d. impair

Type: multiple choice question

Title: Chapter 9 - Question 9

9) This is when a trial judge orders a jury to acquit the accused because the prosecution has not proven its case.

a. Directed verdict of guilty

b. Directed verdict of conviction

c. Directed verdict of acquittal

d. Directed verdict of nolo contendere

Type: multiple choice question

Title: Chapter 9 - Question 10

10) Which is a step in the formation of a jury?

a. Cui bono

b. Ultra vires

c. Master jury list

d. All of the above

Type: multiple choice question

Title: Chapter 9 - Question 11

11) This is a list of names randomly selected to form the jury pool.

a. Venire

b. Master jury list

c. Voir dire

d. Cui bono

Type: multiple choice question

Title: Chapter 9 - Question 12

12) This consists of questioning prospective jurors to determine whether they have the necessary qualifications to serve.

a. Voire dire

b. Lex talionis

c. Veneer

d. venire

Type: multiple choice question

Title: Chapter 9 - Question 13

13) In this case, the Supreme Court established that the use of peremptory challenges to racially manipulate a jury violates the defendant's right to an impartial jury.

a. Miranda v. Arizona

b. Argersinger v. Hamlin

c. Batson v. Kentucky

d. Gideon v. Wainwright

Type: multiple choice question

Title: Chapter 9 - Question 14

14) This is when potential jurors are excused if it is suspected that they cannot be objective.

a. Batson challenge

b. Challenge for cause

c. Peremptory challenge

d. venire

Type: multiple choice question

Title: Chapter 9 - Question 15

15) This is when a juror is dismissed for no particular reason.

a. Botson challenge

b. Voir dire

c. Challenge for cause

d. Peremptory challenge

Type: multiple choice question

Title: Chapter 9 - Question 16

16) This type of trial takes place before a judge, but without a jury.

a. Mistrial

b. Retrial

c. Bench trial

d. Trial de novo

Type: multiple choice question

Title: Chapter 9 - Question 17

17) This refers to the highest level of proof required to win a case.

a. Beyond a reasonable doubt

b. Burden of proof

c. Beyond a reasonable suspicion

d. Absolute proof

Type: multiple choice question

Title: Chapter 9 - Question 18

18) This can also be called "circumstantial evidence."

a. Direct evidence

b. Testimony

c. Indirect evidence

d. Real evidence

Type: multiple choice question

Title: Chapter 9 - Question 19

19) These are statements given by witnesses under oath.

a. Testimony

b. Admissible evidence

c. Indirect evidence

d. Circumstantial evidence

Type: multiple choice question

Title: Chapter 9 - Question 20

20) Which is a strategy that the defense might consider?

a. Defendant testimony

b. Alibi

c. Affirmative defense

d. All of the above

Type: multiple choice question

Title: Chapter 9 - Question 21

21) This is a written petition to a higher court to review a lower court’s decision for the purpose of convincing the higher court that the lower court’s decision was incorrect.

a. arraignment

b. Appeal

c. Writ

d. Summary judgment

Type: multiple choice question

Title: Chapter 9 - Question 22

22) What is a formal, written accusation against a defendant submitted to the court by a prosecutor called?

a. Charge

b. Plea bargain

c. Information

d. arraignment

Type: multiple choice question

Title: Chapter 9 - Question 23

23) The right to cross-examine witnesses is derived from this Amendment of the Constitution.

a. Sixth

b. Fourth

c. Fourteenth

d. Eighth

Type: multiple choice question

Title: Chapter 9 - Question 24

24) The rights of defendants in US criminal trials are derived from this.

a. The Bill of Rights

b. The Constitution

c. The first 10 amendments to the Constitution

d. All of the above

Type: multiple choice question

Title: Chapter 9 - Question 25

25) This is the decision of a grand jury not to indict an accused person because of insufficient evidence.

a. Nolo contendere

b. No-bill

c. No-way

d. True-bill

Type: true-false

Title: Chapter 9 - Question 26

26) The ideal number of citizens for a jury is 12, although many states allow a jury of six for some cases.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 27

27) The perceived advantage of the indeterminate sentence is uniformity. Similar cases are treated in the same manner.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 28

28) Although the exclusionary rule dictates that the police must follow procedural law in gathering evidence, the issue is decided in the courts.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 29

29) Trials happen frequently.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 30

30) The Fifth Amendment guarantees the right to a speedy trial.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 31

31) Generally, the public highly approves of the practice of plea bargaining.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 32

32) Nolo contendere pleas do not affect future civil court proceedings.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 33

33) Plea bargaining is not concerned with determining guilt.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 34

34) The pre-trial release decision is one of the most important crossroads of the criminal justice system.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 35

35) The defendant is always required to testify in the trial.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 36

36) The Fifth Amendment guarantees protection against self-incrimination.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 37

37) There is plenty of prison space to accommodate all the offenders serving all their time.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 38

38) Evidence must conform to a set of rules that ensures that the defendant's rights are respected.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 39

39) The most common method for securing bail is a surety bond.

a. True

b. False

Type: true-false

Title: Chapter 9 - Question 40

40) The indeterminate sentence is based on the medical model of corrections

a. True

b. False