Judges influence how the public view the courts

NAME:Date:SCORING: 25 True and False @ 2 points = 50 points15 Multiple Choice @ 2 points = 30 points4 Essay@ 5 points = 20 pointsTRUE AND FALSE:1. Judges influence how the public view the courts.Answer: 2. Judges have the final say on with what crime(s) a defendant is charged.Answer:3. Judges sign nearly every warrant brought before them much in the same manner thatGrand Juries effectively indict every suspect brought before them.Answer:4. If the prosecution has not made a sufficiently convincing case, a judge can direct ajury to acquit and even overrule if the jury should convict.Answer:5. Once a sentence is handed down, the job of a trial court judge is complete.Answer:6. Approximately one hundred federal judges have faced impeachment, with just underhalf of those being removed from office.Answer:7. In order to convict a defendant at trial, the state must remove all question as thedefendant’s innocence in the mind of the jury (or judge in a bench trial).Answer:8. Regardless of which side calls a witness to testify, the prosecution is the first to questioneach witness. Answer:9. The privilege against self-incrimination is absolute; a defendant cannot be compelled totestify I his/her own trial.Answer:10. If a jury moves to acquit a defendant and the judge feels they should have convicted, thejudge has the authority to have the jury foreman explain their decision.Answer:11. Juries must return with a unanimous verdict for a conviction or acquittal in all federalcriminal cases.Answer:12. If the jury finds the defendant not guilty, the prosecution can appeal.Answer:13. Prosecutors will likely not charge a defendant even though they believe him/her guilty, ifthere is insufficient evidence to convict.Answer:14. Typically, grand juries are open proceeding to ensure oversight.Answer:15. When a grand jury returns an indictment, the return is called a ‘true bill’.Answer:16. Discovery in a two-way process in which both the prosecution and defense mustexchange certain types of evidence.Answer:17. Pretrial motions tend to involve little more than minutia and have little impact on thecase.Answer 18. One concern regarding plea bargains is that prosecutors may intentionally charge a harshoffense just to get it reduced to the ‘proper’ charge.Answer:19. One role of jurors is to determine the true facts of the case.Answer:20. In some states, jurors are able to hire investigators to gather their own evidence.Answer:21. Every state requires that every jury reach a unanimous verdict for a verdict to be handeddown.Answer:22. As penalties for not responding to a summons for jury duty can be relatively harsh, jurysummons have high return rates.Answer:23. Voir dire is the process in which jurors are questioned to determine if they will sit as ajuror for a particular trial.Answer:24. Jury nullification can only be used to find a defendant not guilty.Answer:25. Jury reform measures have been implemented fairly uniformly across the country.Answer:MULTIPLE CHOICE:26. Which player in the courtroom workgroup decides whether a case will be tried in front ofa jury or merely a judge (bench trial)?a. Prosecutorb. Defense attorneyc. Judged. Grand juryAnswer: 27. At what stage of the process is the defendant informed by the judge of the nature of thearrest (not the actual charges)?a.b.c.d. Initial appearanceSecondary appearanceArraignmentVoir Dire Answer:28. If, upon completion of the presentation of the prosecution’s and defense’s cases the judgefinds insufficient evidence to convict the defendant and upon directing the jury to acquit,the jury still finds the defendant guilty, the judge can ____a.b.c.d. Reverse the convictionHold the jury in contempt of courtAppeal the convictionDo nothing. Answer:29. Under which sentencing structure does a judge have stricter guidelines and less leeway inthe sentence to be handed down?a. Statutory sentencingb. Discretionary sentencingc. Determinate sentencingd. Indeterminate sentencingAnswer:30. Why is it that the prosecution is the first to present evidence at the trial?a.b.c.d. They are assumed to have a stronger case than the defense.To give the defense more time to produce evidenceThe burden of proof lies with the prosecutionCommon law tradition Answer:31. After the prosecution has presented its case and before the defense presents its argument,the defense typically _____. a.b.c.d. Moves for a direct verdict of not guiltyMakes an additional motion for discoveryMoves to make a plea bargainRequests more time to question a state’s witness. Answer:32. Under which of the following circumstances does marital privilege not apply?a. In capital trialsb. In trials for petty middemeanorsc. When the spouse is a victimd. When any family member is a victimAnswer:33. Lay witnesses are generally allowed to testify as all but which of the following?a. What was said to themb. Why the defendant committed the crimec. The events that they witnessedd. What they may have smelled.Answer:34. According to your text, for which of the following offenses do many question the‘wisdom of state intervention?’a. Sexual assaultb. Domestic violencc. Child neglectd. Driving under the influenceAnswer:35. Which Amendment requires the federal government to take a case forward by means of agrand jury indictment?a. Fifthb. Sixthc. Eighthd. FourteenthAnswer: 36. Which of the following pleas is used to state the desire of the defendant not to contest thecharge?a. Standing muteb. Nolo contenderc. Alford plead. Mercy pleaAnswer:37. Which state actually banned plea bargaining?a. Alaskab. Alabamac. Iowad. IdahoAnswer:38. The verdict in the trial of John Peter Zenger is an example of _____a. Judicial misconductb. Jury nullificationc. Voir dired. Jury reformAnswer:39. Defendants are entitled to a trial by a jury for ____.a.b.c.d. All trialsAll feloniesAll cases which may result in imprisonment of more than six monthsAll cases which may result in any imprisonment Answer:40. State juries must consist of ___ jurors.a. At least sixb. At least ninec. At least twelved. Exactly twelveAnswer: ESSAY:41. Explain what factors influence a judge’s decision whether or not to grant bail and howand why these factors are considered.42. Explain the concept of jury nullification. Why do judges tend to dislike it? (Be specificin your response).43. Explain in your own words, how the Founder’s distrust of a centralized governmentaffected the selection of judges.44. Explain the rationale for using grand juries to indict, especially for federal offenses andstate felonies