1. _____ is known as a charging policy under which prosecutors evaluate cases in terms of their likelihood of conviction at trial; they file charges only if the odds of conviction at trial are good. This policy produces both a high rate of rejection at initial screening and a high trial rate for the cases that are not screened out.
Answer
Correct Answer:
Trial sufficiency policy
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2. _____ is a charging policy that emphasizes case screening as a way of decreasing office workload. This policy results in high levels of referrals to diversionary programs and in overcharging (for the purpose of enhancing the prosecutor’s power in plea negotiations).
Answer
Correct Answer:
System efficiency policy
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3. Is substantial assistance departure a type of downward departure authorized by the federal sentencing guidelines. The judge can impose a more lenient sentence than required by the guidelines if the defendant provides information that leads to the arrest and prosecution of another offender?
Answer
Correct Answer:
True
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4. _____ is known as a hybrid approach to case adjudication, with elements of both plea bargaining and trial. To receive concessions from the prosecutor, the defendant waives the right to a jury trial, and the case is adjudicated by a judge at a bench trial.
Answer
Correct Answer:
Slow plea of guilty
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5. _____ is defined as agreement for sentencing leniency negotiated during the plea bargaining process. The prosecutor might agree to recommend a particular sentence, recommend that sentences be served concurrently rather than consecutively, or agree to recommend that the sentence not exceed some threshold (a “sentence lid”).
Answer
Correct Answer:
Sentence agreement
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6. _____ is a charging policy under which prosecutors file charges in all cases in which the legal elements of the crime are present. Because prosecutors operating under this policy do not necessarily “screen out” cases where the evidence is weak, there is both a high proportion of cases that are accepted for prosecution and a large percentage of cases that are dismissed at preliminary hearings and trials.
Answer
Correct Answer:
Legal sufficiency policy
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7. Is jury consultant an individual hired by the defense (or, perhaps, by the state) to determine how individuals with certain background characteristics and attitudes will view the case and the parties involved in the case. These results are then used to create a profile of a juror who would be likely to acquit (or convict) the defendant. The lawyers use this profile to guide decisions during the jury selection process?
Answer
Correct Answer:
True
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8. _____ is defined as the notion that prosecutors’ charging decisions in criminal cases reflect their predictions about the likelihood of conviction as the case moves toward trial. Prosecutors attempt to predict how the judge and jury will evaluate the defendant, the victim, and the crime.
Answer
Correct Answer:
Downstream orientation
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9. _____ is a charging policy based on the notion that the majority of defendants—particularly first-time offenders accused of nonviolent crimes—should not be processed through the criminal justice system; the focus of this policy is on early diversion of defendants and the use of noncriminal justice alternatives.
Answer
Correct Answer:
Defendant rehabilitation policy
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10. Is charge reduction a type of plea bargaining in which the prosecutor reduces the severity of the charge or the number of counts the defendant is facing in exchange for a guilty plea?
Answer
Correct Answer:
True
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11. _____ is known as a request by the defendant to have his or her trial take place in a different location.
Answer
Correct Answer:
Change of venue
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12. _____ is defined as a document stating the facts relied on to create probable cause.
Answer
Correct Answer:
Affidavit
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13. _____ is term used to refer to unusual concessions defendants agree to make during the plea negotiation process.
Answer
Correct Answer:
Ad hoc plea bargaining
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14. Who prepares and signs an information?
Answer
Correct Answer:
Prosecutor
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15. Which theoretical policy of prosecutors is based on the notion that most defendants, particularly first-time offenders accused of nonviolent crimes, should not be processed through the criminal justice system?
Answer
Correct Answer:
Defendant rehabilitation policy
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16. ______ is a legal concept referring to the amount of proof a police officer must have to search or arrest someone.
Answer
Correct Answer:
Probable cause
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17. What is the legal term for summoning jurors?
Answer
Correct Answer:
Venire
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18. The first step in the pretrial process is ______.
Answer
Correct Answer:
Arrest
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19. The trial is the next step following a not guilty plea by a defendant.
Answer
Correct Answer:
True
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20. Proponents of plea bargain argue that without it, the criminal system would likely collapse due to the number of cases.
Answer
Correct Answer:
True
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21. Plea bargains tend to limit judicial discretion.
Answer
Correct Answer:
True
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22. Typically, judges are not allowed to refuse a plea bargain.
Answer
Correct Answer:
True
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23. There is relatively little research on the factors that affect prosecutors’ plea bargaining decisions.
Answer
Correct Answer:
True
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24. An Alford Plea is also known as a slow plea of guilty.
Answer
Correct Answer:
False
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25. Before trial begins, each side is allowed to file one pretrial motion.
Answer
Correct Answer:
False
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26. Parties exchange evidence during discovery.
Answer
Correct Answer:
True
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27. A number of jurisdictions have attempted to restrict or even eliminate plea bargaining.
Answer
Correct Answer:
True
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28. The decision whether or not to charge a suspect is made by the prosecutor.
Answer
Correct Answer:
True
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