Chapter 9: The Criminal Trial and Sentencing

Test Bank

Multiple Choice

1. ______ trials deal with issues between two private parties.

A. Civil

B. Criminal

C. Administrative

D. Statutory

2. ______ refers to whether the defendant actually committed the crime.

A. Legal guilt

B. Moral guilt

C. Factual guilt

D. Procedural guilt

3. In a bench trial, the ______ acts as the fact finder.

A. jury

B. judge

C. prosecutor

D. defense

4. When a formal decision has been made in a legal matter, it has been ______.

A. litigated

B. contested

C. prosecuted

D. adjudicated

5. The ______ presents the first opening statement in a criminal trial.

A. judge

B. defendant

C. prosecutor

D. defense attorney

6. Most states have rules of evidence based at least in part on the ______.

A. Constitution

B. Bill of Rights

C. Criminal Evidence Act

D. Federal Rules of Evidence

7. ______ evidence requires the judge or jury to interpret the evidence and draw conclusions about its meaning.

A. Physical

B. Direct

C. Hearsay

D. Circumstantial

8. The prosecution presents surveillance camera footage showing the defendant holding a gun to the store owner’s head while she hands him cash. This is an example of ______ evidence.

A. direct

B. circumstantial

C. ballistic

D. testimonial

9. A witness claims that she heard a friend state that the defendant is a known drug dealer. This is an example of ______.

A. hearsay

B. direct evidence

C. testimonial evidence

D. circumstantial evidence

10. A paramedic tells police that a gunshot victim stated that his neighbor shot him shortly before he died. This evidence ______.

A. would be admissible in court as a dying declaration

B. would be admissible in court as an excited utterance

C. would not be admissible in court under the hearsay rule

D. would not be admissible in court as it is circumstantial

11. In federal criminal trials, the prosecutor gets the final opportunity to speak during ______.

A. rebuttal

B. instructions to the jury

C. final motions

D. cross-examination

12. What is the purpose of a criminal trial?

A. sentence guilty defendants

B. scrutinize constitutional issues

C. determine the legal guilt of the defendant

D. advocate for the victim

13. What is the first step in a trial?

A. deliberation of jury

B. closing arguments

C. opening arguments

D. jury selection

14. In 1988, prosecutors tried Mel Ignatow for the brutal rape, torture, and murder of his girlfriend. Prosecutors relied mostly on a confession from his accomplice, but the jury didn’t believe her and acquitted Ignatow of murder. Later, the new owners of his home discovered several explicit photos of the crime, proving that he did in fact murder her. Based on this case, which of the following statements would be true?

A. Prosecutors were not able to establish Ignatow’s legal guilt, in spite of the fact that he was factually guilty of the crime.

B. Because the accomplice’s confession that she helped Ignatow murder his girlfriend was circumstantial evidence, the jury decided to acquit.

C. There was no direct evidence of the crime, so the jury acquitted Ignatow.

D. The prosecutor established legal guilt in this case, but not factual guilt.

15. Which of the following would be considered an example of direct evidence?

A. a boyfriend’s fingerprint in his girlfriend’s car

B. an accomplice’s confession that they saw the defendant murder the victim

C. a shoeprint that matched the same style and size as a shoe owned by the defendant

D. a carpet fiber from the defendant’s van that was the same type as one found on the victim

16. Hearsay is not admissible in a court of law, but there are a few exceptions to this rule. Which of the following is an example of an exception to the hearsay rule, and would be admissible in court?

A. A student confessed to his teacher that he raped a classmate. The teacher would be willing to testify.

B. The defendant’s cousin overheard the defendant claim he murdered his best friend over drugs, and is willing to share with the jury.

C. During a hike, a person comes across a dying man. While trying to help, the hiker hears the man says, “Renee killed me!” The hiker is willing to testify.

D. A man overheard two women talk about stealing credit card numbers, and he is willing to testify.

17. A witness saw a man walk into a store and then leave in a hurry. The next day, the witness finds out that the store clerk was stabbed to death at approximately the same time of day that the witness observed the man leaving. This would be an example of ______.

A. dying declaration

B. hearsay

C. direct evidence

D. circumstantial evidence

18. Which of the following is a requirement based on the Federal Rules of Evidence?

A. Evidence must be reliable.

B. Evidence must be direct.

C. Evidence must be physical and tangible.

D. Evidence must involve hearsay.

19. What is an exception to the hearsay rule that involves a statement made during a shocking or upsetting event?

A. shocked utterance

B. excited utterance

C. excited speech

D. shocked declaration

20. In a criminal case, the prosecution has to prove the defendant’s guilt ______.

A. by a preponderance of the evidence

B. by clear and convincing evidence

C. beyond a reasonable doubt

D. beyond a shadow of a doubt

21. Jury ______ is the process of deciding guilt or lack of guilt.

A. deliberation

B. nullification

C. sequestration

D. adjudication

22. What is it called when a jury is unable to reach a verdict?

A. nullified

B. double jeopardy

C. runaway

D. deadlock

23. A jury determines that a defendant is guilty of drug possession, but decides to acquit because they think that the drug laws are too harsh. What is this an example of?

A. jury tampering

B. a mistrial

C. a hung jury

D. jury nullification

24. Judge Sanchez is presiding over a criminal case. After the closing arguments, she reads a state-mandated script to the jury while giving them instructions to follow as they deliberate. Based on this information, which of the following statements is accurate?

A. Judge Sanchez is relying on pattern jury instructions.

B. Because Judge Sanchez followed the script, the jury will have a better understanding of the jury instructions.

C. The script makes Judge Sanchez’s task of instructing the jury more complex than if she had written the instructions herself.

D. The script makes the jury’s directives much simpler in all circumstances.

25. The jury has heard all the facts of the case, and they have been given their instructions from the judge. What is the next step in the trial process?

A. The jury is sequestered.

B. The jury begins deliberations.

C. The jury sends a written note to the judge.

D. The jury reports their verdict.

26. In the high-profile 2018 trial of Paul Manafort, the jury sent a letter to the judge claiming that they could not agree on all of the 18 charges. In order to discourage a mistrial, the judge gave the jury supplemental instruction to continue deliberation. What is the supplemental instruction called?

A. nullification instructions

B. hung jury

C. Allen charge

D. deliberation

27. Dr. Jack Kevorkian became famous in the early 1990s for helping terminally ill patients commit suicide. In one of several trials, the jury decided that although Dr. Kevorkian was guilty of murdering a Michigan man, but that it was with the man’s consent, and it was to help end his suffering. Therefore, they found him not guilty. What is this an example of?

A. mistrial

B. Allen charge

C. compassionate acquittal

D. jury nullification

28. In 1988, Ignatow was acquitted of the rape and murder of his girlfriend. After his acquittal, the new owners of his home discovered graphic photos of her torture and murder. Prosecutors tried him for perjury, claiming he lied under oath during his first trial, and he was sentenced to 10 years in prison. Based on this information, which of the following statements is true?

A. Although there was irrefutable evidence that he committed the crime, he could not be tried again due to the protections granted in the Fifth Amendment.

B. The prosecutors could have tried him again for his girlfriend’s murder, but they were concerned that he would be acquitted again.

C. Prosecutors could not retry him because the photographs were not admissible under the rules of evidence.

D. Because he admitted to the crime, the prosecutors could not try him without getting special permission from the Supreme Court.

29. Which of the following describes an exception to double jeopardy?

A. An individual may be tried after their acquittal if prosecutors discover irrefutable evidence that they were guilty of the crime.

B. If the crime violated both state and federal laws, and the defendant was acquitted in a state court, they can be tried in a federal court.

C. An individual can be tried again if they were convicted of the crime in order to secure a harsher punishment.

D. There are no exceptions to the double jeopardy rule.

30. The jury believes that the defendant is guilty. Although they are not completely free from doubt, and they do recognize that the defense’s counterargument could potentially be true, the jury agrees that the chances are so remote that it is almost impossible. Based on this information, they would most likely ______.

A. tell the judge that they are unable to decide on a verdict because some doubt exists

B. acquit the defendant because there are some doubts, even though they are unlikely

C. find the defendant guilty beyond a reasonable doubt

D. find the defendant guilty due to a preponderance of evidence

31. Nine of the twelve jurors agree that a defendant is guilty, so the defendant is convicted. Based on this information, where was this trial held?

A. mediation court

B. U.S. Supreme Court

C. federal criminal court

D. state criminal court

32. What is the final order in a criminal case?

A. the judge’s entry of a judgment of conviction

B. the jury’s reading of the verdict

C. the defense attorney’s motion for a mistrial

D. the prosecutor’s motion to retry the defendant

33. What is the outcome of most criminal trials?

A. The defendant is acquitted.

B. The defendant is found guilty.

C. The trial ends in a mistrial.

D. The defendant is acquitted via jury nullification.

34. What is the most common reason that a judge declares a mistrial?

A. the death of a juror

B. the illness of an attorney

C. The jury is deadlocked.

D. A juror is disqualified for misconduct.

35. When a jury decides that a law represents an overreach of government power, they may acquit them in spite of the fact that the prosecutor established factual guilt. What is this maneuver called?

A. Allen charge

B. sequester

C. judicial activism

D. jury nullification

36. A jury is selected to hear a high-profile murder case that will generate a lot of national media attention. As a result, the judge orders the jury to be ______ to minimize the chances that outside media might influence the verdict.

A. sequestered

B. deliberated

C. removed to a different venue

D. threatened with contempt if they consume outside media

37. ______ seeks to isolate the offender from society to protect the public.

A. Retribution

B. Restoration

C. Incapacitation

D. Deterrence

38. What is the goal of a sentence that seeks to dissuade others in the public from committing the same crime?

A. retribution

B. restoration

C. incapacitation

D. deterrence

39. What type of sentencing was used by the federal government and all states prior to the 1970s?

A. indeterminate sentencing

B. mandatory maximums

C. equitable sentencing

D. determinate sentencing

40. Laws that require long prison sentences for persons convicted of a third felony are known as ______ laws.

A. time served

B. truth in sentencing

C. three-strikes

D. split sentencing

41. A sentence of 10–15 years in prison is an example of a(n) ______ sentence.

A. determinate

B. indeterminate

C. structured

D. three-strikes

42. Federal sentencing is based upon which of the following?

A. Federal Sentencing Guidelines Act

B. Violent Crime Control and Law Enforcement Act

C. Criminal Law Amendment Act

D. Powers of Criminal Courts Act

43. Which of the following is a consequence of structured sentencing?

A. It shifted the goal from retribution to rehabilitation.

B. It caused states to increase the use of parole release.

C. It increased the number of parole boards.

D. It led states to minimize or eliminate the use of “good time served” to reduce prison sentences.

44. Which of the following is a consequence of the Federal Sentencing Guidelines Act of 1984?

A. It increased the amount of “good time served” that could be accrued by inmates.

B. It increased the use of federal parole.

C. It increased taxpayer spending on federal prisons.

D. It led to a larger prison population of violent offenders.

45. What is it called when the court applies a criminal sanction to a legally guilty individual?

A. equity

B. restoration

C. rehabilitation

D. sentencing

46. A judge decides to make an example out of an offender in order to dissuade other members of society from committing a similar crime. What is the goal of this punishment?

A. general deterrence

B. specific deterrence

C. retribution

D. restoration

47. If a judge wishes to harshly punish a repeat offender so that they will be dissuaded from committing the crime again, what is their goal?

A. general deterrence

B. specific deterrence

C. rehabilitation

D. restoration

48. ______ is a sentencing goal that may manifest in the form of restitution, fines, and/or community service.

A. Rehabilitation

B. Deterrence

C. Restoration

D. Proportionality

49. A judge sentences a teenager to 10 years in prison for vandalizing an abandoned building. Which of the essential concepts guiding sentencing would the judge be ignoring in this case?

A. mitigating factors

B. social debt

C. equity

D. proportionality

50. Research suggests that racial minorities are more likely to get harsher sentences when compared to Whites convicted of identical crimes. This would violate the sentencing concept of ______.

A. equity

B. equality

C. proportionality

D. social debt

51. Two men are convicted of burglary. One of the men receives a sentence of 5 years, while the other receives a sentence of 10 years. If the judge’s decision is accurately guided by the essential sentencing concepts, what can we assume about the men?

A. The man with the harsher sentence was a member of a marginalized racial group.

B. The man with the harsher sentence owed a greater social debt.

C. The man with the harsher sentence lacked equity.

D. The man with the harsher sentence did not have a family to support.

52. A sentence that seeks to isolate the convicted offender from society is guided by which sentencing goal?

A. retribution

B. rehabilitation

C. incapacitation

D. deterrence

53. A form of mandatory minimum sentencing that mandates long prison terms for a third offense is known as ______.

A. super-predator minimums

B. tri-felon laws

C. third offense sentences

D. three-strikes laws

54. Which of the following is an example of a capital crime?

A. attempted murder

B. first-degree murder

C. rape

D. aggravated assault

55. When a jury is isolated to prevent outside influence during a capital case, they are ______.

A. sequestered

B. subpoenaed

C. deadlocked

D. adjudicated

56. ______ cases are criminal cases in which the defendant faces execution if convicted.

A. Civil

B. Corporal

C. Capital

D. Extrajudicial

57. A capital case uses a ______ for the guilt and sentencing phase.

A. sequestered trial

B. bifurcated trial

C. bench trial

D. mitigated trial

58. ______ is the most cited reason used by people in favor of the death penalty.

A. Cost

B. Retribution

C. Deterrence

D. Safety

59. The Crime Victims’ Rights Act applies to what type of cases?

A. federal cases

B. all criminal cases

C. victims of domestic violence only

D. victims of violent crime only

60. What document is prepared by a victim to inform the court how the crime affected them?

A. victims’ bill of rights

B. charging document

C. victim testimonial

D. victim impact statement

61. A perpetrator escapes from jail. The victim is immediately notified. Based on this information, what of the following statements is accurate?

A. The escape happened after the implementation of the 2004 Crime Victims’ Rights Act.

B. The escape happened after the establishment of the Office for Victims of Crimes.

C. The escape involved an offender who is considered to be highly dangerous.

D. The victim has established a very active role in their case so they would not miss important developments.

62. Which of the following reflects the harm incurred by the victim, and is influential in sentencing decisions and parole hearings for the offender?

A. victim bill of rights

B. victim impact statement

C. mitigating factors

D. witness statement

63. According to your text, what percentage of violent crimes were reported to the police in 2016?

A. 93%

B. 81%

C. 42%

D. 22%

64. The right to be reasonably protected from the accused, to confer with the attorney for the government in their case, and to full and timely restitution are all rights granted to victims by which of the following?

A. Federal Sentencing Guidelines Act of 1984

B. Office for Victims of Crimes

C. Victims of Crime Act of 1984

D. Crime Victims’ Rights Act of 2004

65. Although the role of the victim has not changed over time, what has changed in the past few decades?

A. the way victims are handled by the criminal justice system

B. the requirements of victims placed on them by prosecutors

C. the impact of media coverage of victims of crime.

D. the likelihood that prosecutors will push for criminal trials instead of plea bargains.

1. Most criminal cases are tried by a jury.

2. A factually guilty defendant may be found legally not guilty.

3. In a jury trial, the jury acts as the fact finder.

4. In opening statements, the defense attorney has the burden of proof to show that the defendant is innocent.

5. If a defendant refuses to testify, the prosecutor can tell the jury to view this as admitting guilt.

6. If a mistrial is declared due to prosecutorial misconduct, that case cannot be tried again.

7. The court clerk reads the verdict in criminal trials.

8. Under indeterminate sentencing, parole boards determine when a prisoner is released.

9. Judges can use discretion and divert from mandatory minimum laws as long as the sentence is reasonable.

10. Three-strikes laws have contributed to prison overcrowding.

11. Most felony defendants in the United States are White males.

12. Capital cases require a unanimous verdict from the jury.

13. A judge can override a jury’s determination of life imprisonment and impose a death sentence.

14. In a capital case, attorneys must determine if a potential juror is willing to recommend the penalty of death.

15. Compared to their proportions in the general population, Blacks are overrepresented on death row.

16. Women are more likely to receive the death penalty compared to men.

17. A majority of the public is in favor of the death penalty.

18. Researchers, practitioners, and law enforcement agree that the death penalty is a strong deterrent against future crimes.

19. Many victims find that testifying in a criminal trial hinders their healing process.

20. In the past, victims had little voice in the criminal justice process.

1. Explain the difference between legal and factual guilt.

2. Describe the process of a bench trial and explain why a defendant may opt for one.

3. Describe why defense attorneys have advantages during opening statements.

4. Explain why hearsay is not admissible in court and describe the exceptions to this rule.

5. Describe what occurs if a jury is unable to reach a verdict in a criminal case.

6. Explain jury nullification and discuss what happens to a defendant that has been acquitted by jury nullification.

7. Identify the exceptions to double jeopardy.

8. Identify the policy implications and costs associated with structured sentencing.

9. Describe how capital trials differ from other types of criminal trials.

10. Describe how victims have been integrated into the criminal justice process.

1. Summarize how sentencing has changed in the past four decades.

2. Compare the advantages and disadvantages of indeterminate and determinate sentencing.

3. Identify the arguments in support of the death penalty.

4. Identify the arguments against the use of the death penalty.

5. Describe the role that victims historically played in the criminal trial.