Week 7
Prosecutors have discretion over:
1. Whether to prosecute
2. What charges to file
3. The severity of the charges to file
4. All of the above
4. All of the above
If I use a bail bondsman to post my bail, what type of bail/bond did I receive?
1. Unsecured bail/bond
2. Conditional bail/bond
3. Secured bail/bond
3. Secured bail/bond
What percent of criminal convictions occur at trial?
1. Roughly 15%
2. Roughly 20%
3. Roughly 30%
4. Roughly 5%
4. Roughly 5%
Which step in the trial process generally occurs directly after opening statements?
1. Jury selection
2. Closing statements
3. Jury instructions
4. Testimony/presentation of evidence
4. Testimony/presentation of evidence
Which of the following are major sources of wrongful convictions?
1. Official misconduct
2. Mistaken eyewitness
3. Forensic evidence
4. All of the above
4. All of the above
Police need a warrant to arrest you
1. True
2. False
2. False
There is a constitutional right to bail/bond
1. True
2. False
2. False
A pre-trial motion in which the defense attempts to get evidence excluded is called:
1. Motion to dismiss
2. Motion to suppress
3. Motion to quash
2. Motion to suppress
The process of questioning jurors is called what:
1. Master list
2. Peremptory challenges
3. Voir dire
3. Voir dire
Which theory of sentencing does rehabilitation fit within?
1. Retributivist
2. Utilitarian
3. Conflict
4. Consensus
2. Utilitarian
Prosecutor's charging decisions should be based primarily on what?
1. Extra-legal factors
2. Political concerns
3. Strength of the evidence
4. None of the above
3. Strength of the evidence
What is the burden of proof at a preliminary hearing?
Probable cause
You have been charged with 6 offenses. I am offering to drop 4 offenses if you plead guilty to 2. What type of strategy is this?
1. Sentence bargaining
2. Charge bargaining
3. Sentence recommendation
2. Charge bargaining
A trial in front a judge (rather than a jury) is called what?
Bench trial
Which sentencing reform involves calculating a recommended sentencing range based on factors such as a defendant's prior record and offense seriousness?
1. Mandatory minimums
2. Three-strike laws
3. Sentencing guidelines
4. All of the above
3. Sentencing guidelines
Charging "excessive" counts of an offense has been referred to as what?
Charge stacking or overcharging
_____ is the process by which prosecution and defense share evidence
Discovery
A _____ offer is a plea offer with a deadline
Exploding
What is the burden of proof at trial?
Beyond a reasonable doubt
If you successfully appeal your conviction based on a legal error, what is the immediate result?
1. You are acquitted
2. The case is remanded for a new trial
3. The prosecution must drop the charges
4. None of the above
2. The case is remanded for a new trial
Research suggests that both legal and extra-legal factors influence charging decisions by impacting what?
Convictability
Failing to share exculpatory evidence with defendants prior to trial is called a _____ violation
Brady
Focusing on short-term consequences rather than long-term consequences of plea deals is an example of what?
Temporal discounting
A confession is an example of what type of evidence?
Direct evidence
If you are convicted by _______ you generally waive your right to appeal
Guilty plea/plea agreement