Name: ______________________
Class: _________________
Date: _________
ID: A
1306 Unit Exam 2 Ch 5 6 7 8 and 9
True/False
Indicate whether the statement is true or false.
____
1. Prosecutors do have discretion as to which suspects to charge with an offense but under a great deal of judicial oversight.
____
2. For defense attorneys a “successful” case often means a reduction in sentence via a plea bargain, not necessarily an acquittal.
____
3. A judge may decide that a case cannot continue on to trial because s/he believes there is no probable cause that an offense was committed.
____
4. Jurors are allowed to read peer-reviewed scholarly works (journal articles) to expand their knowledge on
the
…show more content…
c. Weigh the likelihood of conviction or acquittal.
d. Determine which judge will hear the case.
____ 21. At which of the following stages in the criminal justice process is an indigent defendant not guaranteed counsel paid for by the government?
a. Plea bargaining.
b. Trial.
c. First appearance.
d. Discretionary appeal.
____ 22. An
a.
b.
c.
d.
advantage of the public defender system is that _________________. it likely provides more experienced counsel excellent private attorneys may be appointed legal fees are kept down because attorneys compete for clients the Due Process model is more likely to be followed
3
Name: ______________________
ID: A
____ 23. Which of the following is not a responsibility of the defense attorney during or after trial?
a. Represent the defendant at trial
b. Represent the defendant at sentencing
c. Tell the defendant to appeal
d. File notice of appeal
____ 24. A trial judge without a jury is called a __________ trial.
a. judge
b. bar
c. bench
d. summary
____ 25. What is the process for a federal judge to be removed from office?
a. The state judicial conduct commission must hear evidence in secret and then decide on the merits of the case.
b. The investigation process is informal. If probable cause is found for the removal of a judge, the commission will first seek the judge’s voluntary retirement.
c. The House of Representatives must vote articles of impeachment and
* 2. newly-discovered evidence which, if introduced at the trial, would probably have produced a
2. Why does the County Attorney care so much about discovering a motive for the killing ?
10. Discuss what is required for mistake to be a defense. How does this relate to the types of culpability in the Model Penal Code? Be sure to discuss the debate over whether to call mistakes a defense.
The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior.
Nevertheless, parties became necessary in order to get things done in government, e.g., Hamilton's financial plan and support for Jefferson's Louisiana Purchase.
3. Microbiologists employee a number of approached to acquiring a pure culture from a from sample containing a number of different types of bacteria. Briefly describe three different procedures commonly used to secure pure cultures from a mixed culture. The use of simple labeled diagrams may be quite helpful.
More than 90 percent of criminal convictions come from negotiated pleas, also known as, plea bargaining. Plea bargains are used every day at both the federal and state court level. They certainly have their “proponents” as well as their “opponents”. A plea bargain basically is any agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. That agreement is usually in the form of a defendant pleading guilty to a “lesser” crime with a reduced sentence in return for the prosecuting authority not having to expend the time, energy, expense and manpower in seeking a conviction in a trial of a more serious charge. An evaluation of the evidence against the defendant is usually a significant factor by the prosecutor in determining whether or not a plea bargain should be offered. If the prosecutor’s case is strong, the chances of a plea bargain being offered to the defendant are lessened. While at the same time, if the prosecutor feels that his evidence is on the weaker side, the probability of a plea bargain being offered is enhanced.
This is a social position that is acquired at birth or taken on involuntarily later in life.
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
i. Answer question 4 in Critical Thinking Questions on page 145. Answer may vary. Sample answer provided below.
In the american court room there are several people involved. Some of the most important and lawful figures include: the judge, who is the main authority and the one responsible for justice. The prosecuting attorney, responsible for presenting the case against the defendant. The defense counsel, who is in
Next is the preliminary hearing. This is where the judge hears the evidence and from the
c) Offer acceptable reasons for the crime (e.g. didn’t mean to; was intoxicated; was an accident)
In an effort to make sure that innocent men and women are not wrongly convicted in capital punishments cases, they are given a wide range of appeals procedures. Immediately following sentencing an automatic appeals process called Direct Review begins. It is during this process that appellate courts review the lower trial court’s decision, checking for errors and making sure the case was tried on sound judgment. If any errors are found
Juries provide a public opinion which helps show what the public would think about the case and weather the accused is guilty or not guilty.