Criminal Evidence Principles and Cases 9th Edition by Thomas J. Gardner – Test Bank

 

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Sample Test

Chapter 03   Multiple Choice

 

1. In terms of procedure, _____.​   a. ​felony cases involve more steps than misdemeanor cases   b. ​misdemeanor cases involve more protections for defendants   c. ​felony and misdemeanor cases have exactly the same procedures   d. ​most states require grand jury review only in misdemeanor cases   ANSWER:   c REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

2. An indictment is a formal criminal charge issued by the _____.   a. ​police   b. ​the judge   c. ​the prosecutor   d. ​the grand jury   ANSWER:   d REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

3. In states that do not use grand juries, a case can begin with the filing of a(n) _____.   a. ​criminal complaint   b. ​information   c. ​habeas corpus   d. ​indictment   ANSWER:   b REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

4. At the _____, the defendant will enter a formal plea to the charges.​   a. ​arraignment   b. ​pretrial motions   c. ​preliminary hearing   d. ​coram nobis   ANSWER:   a REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1 CEPC.GARD.16.3.2

 

5. Another term for a no contest plea is a plea of _____.   a. ​former jeopardy   b. ​guilty but mentally ill   c. ​nolo contendere   d. ​guilty on conditions   ANSWER:   c REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

6. If a defendant refuses to enter a plea, the court will enter a plea of _____.   a. ​not guilty   b. ​guilty   c. ​no contest   d. ​not guilty by reason of insanity   ANSWER:   a REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

7. In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead _____.   a. ​not guilty   b. ​guilty   c. ​no contest   d. ​double jeopardy   ANSWER:   b REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

8. If a defendant wants to plead guilty, the defendant must _____.   a. ​waive a number of rights   b. ​prove to the judge that s/he is not insane   c. ​be represented by an attorney   d. ​have agreed to a plea bargain​   ANSWER:   a REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

9. In an Alford plea, the defendant pleads guilty while _____.   a. ​still demanding a jury trial   b. ​refusing to accept the court’s jurisdiction   c. ​asserting his or her innocence   d. ​manifestly not competent for trial   ANSWER:   c REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

10. In a typical conditional plea, the defendant pleads guilty but reserves the right to _____.   a. ​appeal certain issues   b. ​a jury trial   c. ​a bench trial   d. ​a speedy and public trial   ANSWER:   a REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

11. In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is on the _____.   a. prosecution to disprove the defense   b. ​defendant to prove the defense   c. ​defendant to prove the defense beyond a reasonable doubt   d. ​prosecution to disprove the defense beyond a reasonable doubt   ANSWER:   b REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

12. An affirmative defense is one in which the defendant _____.   a. ​denies doing the criminal act and presents evidence of who did   b. ​argues the defense of double jeopardy   c. ​has agreed to a plea bargain   d. ​admits the act but claims other matters that will result in an acquittal.   ANSWER:   d REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

13. The main danger in the present system of nontrial dispositions in the form of plea bargains is that it ____.   a. ​is excessively punitive   b. ​takes excessive time and resources   c. ​is typically very inflexible   d. ​is informal and invisible   ANSWER:   d REFERENCES:   The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws LEARNING OBJECTIVES:   CEPC.GARD.16.3.3

 

14. A defendant’s offer to plead guilty _____.   a. ​cannot be used as evidence if the defendant goes to trial   b. ​can be used at trial as evidence of guilt   c. ​can be used as evidence at trial if the prosecution consents   d. ​can be used at trial if the defendant fails to plea bargain in good faith   ANSWER:   a REFERENCES:   An Offer to Plead Guilty Cannot be Used as Evidence if the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.2 CEPC.GARD.16.3.4

 

15. In most appeals, the _____.   a. ​appeal takes the form of a new trial.   b. ​appeals court reviews the records for errors.   c. ​defendant usually is ordered to be acquitted.   d. ​prosecution must again reprove guilt   ANSWER:   b REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

16. The purpose of _____ is to assure the defendant’s appearance at trial.   a. ​bail   b. ​presentence investigation   c. ​a criminal history investigation   d. ​an employment check   ANSWER:   a REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

17. Plea bargaining may involve substituting a guilty plea to one offense for a trial on _____ offenses   a. ​petty   b. ​multiple   c. ​misdemeanor   d. ​felony   ANSWER:   b REFERENCES:   The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws LEARNING OBJECTIVES:   CEPC.GARD.16.3.3

 

18. The _____ Amendment of the U.S. Constitution states that “Excessive bail shall not be required.   a. ​Fourth   b. ​Fifth   c. ​Sixth   d. ​Eighth   ANSWER:   d REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

19. The level of proof required in criminal cases is proof beyond a _____doubt.   a. ​rational   b. ​shadow of a   c. ​specific   d. ​reasonable   ANSWER:   d REFERENCES:   An Offer to Plead Guilty Cannot be Used as Evidence if the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

20. Affirmative defenses include insanity, immunity, _____, and double jeopardy.   a. ​entrapment   b. ​incapacity   c. ​inadvertency   d. ​conspiracy   ANSWER:   a REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

Case 3.1 Kathy and Walt shoplift $2,000 worth of leather jackets from a store in the mall. Mall security call police and they chase the two into the mall parking lot. Police arrive as Walt and Kathy attempt to flee the scene in minivan and stop the vehicle. Mall security identifies Kathy and Walt as the two suspects who shoplifted the leather jackets. In plain view across the backseat are the stolen jackets still with the store tags and security clips on them. Also in the minivan, in plain view, are proceeds from several other shoplifting incidents. The two are arrested. Subsequent to their arrest 10 packets of heroin are found in the vehicle. Back at police headquarters a criminal history check reveals that Walt has an extensive history of shoplifting and felony drug offenses. On the over hand Kathy has no prior criminal history and just a few minor motor vehicle offenses on her record. Police contact the store owners of the recovered proceeds and confirm 4 more shoplifting incidents each with proceeds of $1,000.

 

21. In the above scenario, who was most likely involved in the initial review and evaluation of the evidence?   a. ​store employees   b. ​the police officers   c. ​the prosecutor   d. ​the initial judge   ANSWER:   c REFERENCES:   Evaluation and Review of Evidence PREFACE NAME:   Case 3.1 LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

22. Because of Walt’s lengthy criminal record the judge sets bail at $ 50,000 with no 10% option. Which Constitutional Amendment would Walt use to challenge the amount of the bail?   a. ​The Sixth Amendment   b. ​The Eighth Amendment   c. ​The Fourth Amendment   d. ​The Fifth Amendment   ANSWER:   b REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn PREFACE NAME:   Case 3.1 LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

23. What amount of proof was required for the initial responding officers to stop Walt and Kathy in the first place?   a. ​mere suspicion   b. ​reasonable suspicion   c. ​probable cause   d. ​proof beyond a reasonable doubt   ANSWER:   b REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn PREFACE NAME:   Case 3.1 LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

24. What amount of proof was required for the initial responding officers to arrest Walt and Kathy in the first place?   a. ​mere suspicion   b. ​reasonable suspicion   c. ​probable cause   d. ​proof beyond a reasonable doubt   ANSWER:   c REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn PREFACE NAME:   Case 3.1 LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

Case 3.2 Police stop Sam Appleton, a known drug dealer, after he runs a red light on a local highway.  Sam is extremely nervous as he speaks with the officers. The primary officer requests the registration and insurance card for the vehicle. As Sam opens the glove box to retrieve the paperwork, the cover officer spots a handgun in the glove box. He notifies his partner and Sam is immediately removed from the car and placed under arrest. As the cover officer is securing the handgun she notices a scale, numerous empty clear plastic bags, and two partially filled clear plastic bags containing a white powdery substance on the floor just below the glove box. While retrieving the gun, the officer notes a very strong odor of unburnt marijuana which appear to be coming from the rear of the car. The officer concludes that odor must be coming from the trunk, as there are no bags or container in plain view within the passenger compartment.  They search the trunk and find two pounds of raw marijuana. The arrest and search are captured on the patrol unit dash camera system.  Sam Appleton is charged with unlawful possession of a weapon, possession of a control dangerous substance (cocaine), possession with the intent to distribute, and possession of drug paraphernalia.

 

25. After being charged with several felonies and processed (booked), what is the next step in the criminal court process for Sam?   a. ​Sam’s case is referred to the grand jury to determine if a criminal complaint is to be filed against Sam.   b. ​Sam is brought before a judge for his initial appearance where he is formally red the charges, a plea is entered and bail is set.   c. ​The Officer in charge (OIC) makes a probable cause determination and sets the bail.   d. ​Sam, accompanied by his attorney, meets with the prosecutor to discuss possible plea bargains.   ANSWER:   b REFERENCES:   The Criminal Court Process PREFACE NAME:   Case 3.2 LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

26. Would Sam’s defense attorney have the right to see the police reports regarding Sam’s arrest prior to trail?   a. ​No, this information is only required to be turned over at trial.   b. ​Sam’s defense attorney would be entitled to the arrest, investigation and property reports but not the dash camera video recording.   c. ​Sam’s defense attorney would be entitled to all police reports and videos related to the arrest, but not the laboratory results for the drugs.   d. ​Sam’s defense attorney would be entitled to all police reports, videos laboratory results for the drugs related to the arrest.   ANSWER:   d REFERENCES:   The Trial PREFACE NAME:   Case 3.2 LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

27. Prior to trial, Sam’s defense attorney challenges the admissibility of the evidence, claiming that the initial search of the truck was in violation of the Fourth Amendment. This challenge is referred to as a(n) _____.   a. ​competency hearing   b. ​affirmative defense   c. ​writ of habeas corpus   d. ​motion to suppress   ANSWER:   d REFERENCES:   Evaluation and Review of Evidence PREFACE NAME:   Case 3.2 LEARNING OBJECTIVES:   CEPC.GARD.16.3.1 CEPC.GARD.16.3.4

 

Case 3.3 Police respond to the scene of domestic violence incident which resulted in a homicide. The victim Ricky Bobby was found underneath the wheel of his homemade monster truck, apparently run over multiple times. On scene his wife Betty Sue Bobby, blurts out that she could not take his physical abuse and drinking any more. Betty Sue has multiple new and old bruises on her body which claims were from Ricky continually beating her and threatening to kill her. Witnesses report that they heard the two fighting and witnessed Ricky strike Betty Sue several times before she ran outside. Outside they observed Betty Sue trying to get into her car but Ricky threw her to the ground screaming that he would kill her rather than let her go. Witnesses report that Betty Sue got into the monster truck and drove over Ricky Bobby as he stood in the way. They also tell police that she has been seeing a doctor about her depression and takes medication to treat her depression. Police arrest Betty Sue for the murder of her husband Ricky Bobby.

 

28. Prior to trial the prosecutor offers Betty Sue, through her defense attorney, a lesser charge of manslaughter. This action is referred to as a(n) _____. red to as a(n) _____.   a. ​plea bargain   b. ​sentence reduction hearing   c. ​Brady hearing   d. ​preliminary hearing   ANSWER:   a REFERENCES:   The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws PREFACE NAME:   Case 3.3 LEARNING OBJECTIVES:   CEPC.GARD.16.3.3

 

29. At trial, the defense claims that while Betty Sue’s actions did result in Ricky Bobby’s death, she was under extreme duress trying to escape her attacker. She was also not mentally cognizant of her actions due to the medication she was taking. This action is referred as a(n) _____.​   a. ​plea bargain   b. ​closing argument   c. ​suppression hearing   d. ​affirmative defense   ANSWER:   d REFERENCES:   The Trial PREFACE NAME:   Case 3.3 LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

30. What is the level of proof must the prosecution meet to secure a guilty verdict in a murder trial?   a. ​reasonable suspicion   b. ​absolute certainty   c. ​proof beyond a reasonable doubt   d. ​clear and convincing evidence   ANSWER:   c REFERENCES:   An Offer to Plead Guilty Cannot be Used as Evidence if the Offer is Later Withdrawn PREFACE NAME:   Case 3.3 LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

True / False

 

31. Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

32. In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

33. An indictment is a formal charging document issued by a grand jury.   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

34. An information is a statement by the prosecution detailing the basis on which it is believed the defendant committed a crime.​   a. True   b. False   ANSWER:   True REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

35. A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty.   a. True   b. False   ANSWER:   True REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

36. A nolo contendere plea is the same as a not guilty plea.   a. True   b. False   ANSWER:   False REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

37. The majority of states and the federal courts have a plea and verdict of guilty but mentally ill.   a. True   b. False   ANSWER:   False REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

38. In the U.S., most felony cases will ultimately be disposed of by a jury trial.   a. True   b. False   ANSWER:   False REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

39. If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain.   a. True   b. False   ANSWER:   False REFERENCES:   The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws LEARNING OBJECTIVES:   CEPC.GARD.16.3.3

 

40. In an Alford plea, the defendant pleads guilty but continue to assert his or her innocence.   a. True   b. False   ANSWER:   True REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.3

 

41. The Constitution requires judges to refuse to accept Alford pleas.   a. True   b. False   ANSWER:   False REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

42. In order to preserve the right to appeal an issue after entry of a guilty plea, a defendant would attempt to enter a conditional plea.   a. True   b. False   ANSWER:   True REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

43. All states allow a plea of not guilty by reason of insanity.   a. True   b. False   ANSWER:   False REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

44. The defense of insanity is successful in the majority of cases where the defendant uses it.   a. True   b. False   ANSWER:   False REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

45. Both defense attorneys and prosecutors evaluate the strength and admissibility of evidence in deciding upon strategies for handling the case.   a. True   b. False   ANSWER:   True REFERENCES:   Evaluation and Review of Evidence LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

46. One of the goals of the criminal justice system is seeking retribution for victims.   a. True   b. False   ANSWER:   False REFERENCES:   Evaluation and Review of Evidence LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

47. In general, cases with significant evidentiary problems are likely to be weeded out.   a. True   b. False   ANSWER:   True REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

48. One of the purposes of some of the rules of evidence is to assist in finding the truth.   a. True   b. False   ANSWER:   True REFERENCES:   Evaluation and Review of Evidence LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

49. The rules of evidence always apply.   a. True   b. False   ANSWER:   False REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

50. In using the insanity defense, most defendants also enter a not guilty plea.   a. True   b. False   ANSWER:   True REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

Completion

 

51. Following the filing of a criminal complaint, the judge or magistrate may issue an arrest _____. ANSWER:   warrant REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

52. In many jurisdictions, before trial, a defendant charged with a felony may be entitled to a preliminary _____. ANSWER:   hearing REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

53. A(n) _____ is a formal criminal charge issued by a grand jury. ANSWER:   indictment REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

54. A(n) _____ is a statement by the prosecution detailing the basis on which it is believed the defendant committed a crime. ANSWER:   information REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

55. The formal court proceeding at which the defendant enters a plea to the charges is called a/n _____. ANSWER:   ​arraignment REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

56. A no contest plea is the same as a _____ plea. ANSWER:   nolo contendere REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

57. A guilty plea in which the defendant continues to assert innocence is called a/n _____ plea. ANSWER:   Alford REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

58. A guilty plea where the defendant reserves certain rights (such as the right to appeal a legal issue) is termed a(n) _____ plea. ANSWER:   conditional REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

59. About 20% of the cases that go to trial are tried before a(n) _____. ANSWER:   judge​ REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

60. A state prisoner ordinarily uses a writ of _____us in attempting to get his or her case into the federal courts. ANSWER:   habeus corpus REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

61. Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) _____. ANSWER:   sentence REFERENCES:   The Guilty Plea System, Plea Bargaining, and Victim’s Rights Laws LEARNING OBJECTIVES:   CEPC.GARD.16.3.3

 

62. Although an appellate court may find that errors were committed at the trial, only _____ errors will result in a new trial. ANSWER:   ​reversible REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

63. A “best practice” includes a _____ review of evidence. ANSWER:   team REFERENCES:   Evaluation and Review of Evidence LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

64. The _____ plea typically requires evidence of disease or defect. ANSWER:   insanity REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

65. ​The greatest risk of granting _____ is flight. ANSWER:   bail REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

Essay

 

66. Briefly trace the steps in a typical state felony case from commission of the crime to habeas corpus. Briefly describe what happens at each step. What are the legal methods by which someone convicted in state court could challenge their conviction in a federal court?​ ANSWER:   Criminal cases begin with a criminal complaint filed in misdemeanour crimes, or indictments in felony cases where grand juries are used. After arrest, the defendant is arraigned before a judge or magistrate, a plea is taken, and the case is bound over for trial. A preliminary hearing is usually held, where a judge decides only if sufficient evidence exists to justify a trial.  A state prisoner ordinarily uses a writ of habeas corpus in attempting to get his or her case into the federal courts. To do this, a violation of a right under the U.S. Constitution must be shown. Because there are very few violations (or errors) of this type, few habeas corpus hearings are granted.​ REFERENCES:   The Criminal Court Process LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

67. Define, discuss, compare, and contrast the please of guilty, not guilty, and no contest (nolo contendere). Why would a person plead no contest rather than guilty? ANSWER:   ​The regular guilty plea is made in open court upon a showing that the defendant did in fact commit the criminal act or acts with which he or she is charged and upon a showing that the defendant voluntarily and intelligently is entering the guilty plea and waiving the right to a trial.  In this guilty plea and all other guilty pleas, the defendant is subject to the statutory penalties of the state. However, it is a common practice in the United States to reward the defendant who enters a guilty plea with a lesser sentence under the sentencing guidelines and practices of the state.  The Alford guilty plea permits a defendant to enter a guilty plea without admitting guilt.  The no contest or nolo contendere plea allows the defendant not to contest the criminal charge or charges against her. Defendants who believe they will be sued in a civil court for their criminal conduct sometimes seek to use this plea.  The conditional guilty plea is used when a defendant seeks to preserve the right to appeal a ruling of the trial judge. REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

68. How do prosecutors and defense attorneys weigh the strength and admissibility of the evidence when determining whether plea bargaining will be successful? ANSWER:   ​The defense lawyer seeks to discover and obtain evidence helpful to his client. He may also make some or all of the following motions before the court: Motion to dismiss because of insufficient evidence, etc. Motion to dismiss because of improper procedure, constitutionality of statute, etc. Motion to suppress evidence (statements, physical evidence, identification evidence, or procedure, etc.) Motion for discovery of evidence The defense’s decision on whether to try the case before a jury or a judge is generally based on the evaluation of the case and the evidence. Because weaker cases are filtered out of the system or charged as lesser offenses, most cases that reach the trial stage are strong governmental cases. In these cases, the defense may attempt to plea bargain or may enter a guilty plea. If the state has a weakness in its case at this stage, the state may attempt to plea bargain. REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

69. Assume the role of defense attorney. Would you ever encourage a client to use the insanity plea? Why or why not? Under what circumstances? Explain your answers fully. ANSWER:   ​The student response should be based on the fact that most defendants will be held for observation longer than they would have been incarcerated if found guilty of the crime.  Secondly, most states place the burden on a defendant using the insanity plea to come forward with evidence showing that he or she was so mentally diseased or defective that he or she was unable to formulate the mental intent to commit the crime charged. REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.2

 

70. Evidence case reviews increase efficiency and lead to higher clearance rates.  Discuss why these reviews are helpful. Focus your discussion on questions about evidence that may aid in a review, i.e., physical evidence, witnesses, suspect(s) confession(s). ANSWER:   Team reviews allow for better communication and exchange of information between officers involved in an investigation, who might work different shifts.  Whether done informally or pursuant to established department policy, evidence reviews can increase the efficiency of investigations and lead to higher clearance rates. The following list suggests some of the methods and questions that are raised in a team review; what physical evidence is available, was the physical evidence obtained in a manner that may be seriously attacked or suppressed under the exclusionary or derivative evidence rule? Are there problems with the chain of custody of the evidence? What witnesses are available and how reliable and dependable are the witnesses? Have the witnesses listed below been evaluated (on a scale from Excellent to Poor, or unknown) on their reliability, dependability, credibility, willingness to testify, and importance of their testimony, as well as their age and appearance?  What are some likely ways the witnesses may be attacked on cross- examination? What evidence is available to corroborate statements made by witnesses, especially eyewitnesses?  Is there a suspect or suspects? What are the reasons for targeting the suspect? Are any persons related to the case in police custody? If so, on what charges? Are charges for an offense other than the crime under investigation? If so, are the offenses related? Is there an opportunity for multiple clearances?  Are confessions or incriminating statements available as evidence? If so: Where and when were the statements made?​ REFERENCES:   Evaluation and Review of Evidence LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

71. Explain how the rules of evidence are not designed to be of assistance in the search for truth but have other purposes; they often actually hinder the search for the truth. ANSWER:   Testimonial privilege rules that have been created to protect relationships and interests, such as husband-wife, attorney-client, and physician-patient. These relationships have been determined to be of sufficient importance to justify sacrificing what might be reliable evidence from being used in criminal and civil trials.  The rule of the exclusion of evidence (the exclusionary rule) that is used to discourage and deter law enforcement officers from improper or illegal conduct or procedure. This form of “policing the police” sometimes prevents reliable evidence from being used in criminal trials.​ REFERENCES:   Please a Defendant May Enter to a Criminal Charge LEARNING OBJECTIVES:   CEPC.GARD.16.3.4

 

72. Discuss the pros and cons of possible bail outcomes from a prosecutorial and defense attorney position. ANSWER:   ​The defense lawyer argues that high bail punishes a defendant and that defendants can be punished only after trial and conviction.  Another argument of defense lawyers is that high bail can be used as preventive detention, to unlawfully detain a defendant based on only the possibility that the defendant may be a threat to others. ​ In most states, preventive detention in this sense is not regarded as a legitimate basis for setting bail.  In asking for high bail, prosecutors generally stress the seriousness of the crime, the viciousness of the criminal act, and the strength of the evidence against the defendant. REFERENCES:   An Offer to Plead Guilty Cannot Be Used as Evidence If the Offer is Later Withdrawn LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

73. Discuss the method and procedure in place for the reviewing of sentencing. ANSWER:   ​Imposed sentences may be reviewed by the following authorities: Trial judge: On a motion by the defense attorney, the trial judge reviews his or her sentence of a particular defendant and may modify the sentence after hearing arguments presented by both the defense lawyer and the prosecutor. Appellate courts (including the U.S. Supreme Court and state supreme courts): On appeal, an appellate court may find that a particular sentence was not within the statutory authority of the trial judge to impose, or that the sentence violated the Eighth Amendment’s Cruel and Unusual Punishment Clause. Federal courts: A state prisoner ordinarily uses a writ of habeas corpus in attempting to get his or her case into the federal courts. To do this, a violation of a right under the U.S. Constitution must be shown. Because there are very few violations (or errors) of this type, few habeas corpus hearings are granted. State parole board or parole authorities: Parole authority is granted by a statute of that state. State statutes might provide that parole eligibility for murder does not commence until after sixteen years—or after twenty or twenty-five years. Whether the convicted person is released on parole (and the conditions of parole) is then determined by the parole board. The president of the United States and state governors: The president and state governors have broad power to pardon, grant amnesty, or commute a sentence. Such authority is constitutional, with additional statutory power often provided. Article II of the U.S. Constitution provides that the president “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.​ ​ REFERENCES:   The Trial LEARNING OBJECTIVES:   CEPC.GARD.16.3.1

 

Chapter 05   Multiple Choice

 

1. In general, to be deemed a competent witness, the witness must _____.   a. ​have personal knowledge of the matters   b. ​be 21 years of age or older   c. ​have at least a sixth grade education   d. ​not be biased about the case   ANSWER:   a REFERENCES:   Qualifications Necessary to Be a Witness LEARNING OBJECTIVES:   CEPC.GARD.16.5.1

 

2. To be deemed a competent witness, the witness must have the capacity to _____.   a. ​speak and read the English language at a fifth grade level   b. ​observe, remember, narrate, and understand the obligation to be truthful   c. ​be a citizen of the United States   d. ​be capable of reading and writing in any language at a fifth grade level   ANSWER:   b REFERENCES:   Qualifications Necessary to Be a Witness LEARNING OBJECTIVES:   CEPC.GARD.16.5.1

 

3. Adult witnesses are _____.   a. ​presumed incompetent unless shown to be competent   b. ​presumed competent unless shown to be incompetent   c. ​always subjected to voir dire before being allowed to testify   d. ​presumed competent if they are at least 21 years of age   ANSWER:   b REFERENCES:   Qualifications Necessary to Be a Witness LEARNING OBJECTIVES:   CEPC.GARD.16.5.1

 

4. ​Children may testify only if _____.   a. ​they are a minimum of ten years of age   b. ​a psychologist testifies that they understand the obligation to tell the truth   c. ​the judge allows them to testify after the child is questioned (voir dire)   d. ​they have competed the first grade   ANSWER:   c REFERENCES:   Qualifications Necessary to Be a Witness LEARNING OBJECTIVES:   CEPC.GARD.16.5.2

 

5. In considering whether children are competent to testify, age _____.   a. is irrelevant​   b. ​can serve as an absolute barrier to testimony   c. ​cannot be considered   d. ​is important but not determinative   ANSWER:   d REFERENCES:   Qualifications Necessary to Be a Witness LEARNING OBJECTIVES:   CEPC.GARD.16.5.2

 

6. ​A subpoena duces tecum is a subpoena that orders the person to _____,   a. ​bring certain items or records with them to court   b. ​appear with an attorney   c. ​waive their privilege against self-incrimination   d. ​not discuss their testimony with anyone   ANSWER:   a REFERENCES:   Constitutional Rights of Defendants Regarding Witnesses LEARNING OBJECTIVES:   CEPC.GARD.16.5.4

 

7. A criminal defendant’s right to compel the appearance of witnesses at trial is found in the _____ Amendment.​   a. Fourth   b. ​Fifth   c. ​Sixth   d. ​Eighth   ANSWER:   c REFERENCES:   Constitutional Rights of Defendants Regarding Witnesses LEARNING OBJECTIVES:   CEPC.GARD.16.5.4