True/False
Indicate whether the
statement is true or false.
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1.
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The purpose of the arraignment is to inform the
defendant of the charges against him.
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2.
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Most criminal cases end in the defendant’s
plea of guilty.
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3.
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In some states, the defendant’s presence at
court is secured through a bail bond.
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4.
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When a person fails to appear at court, the judge
is allowed to enter a conviction against him.
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5.
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In some states, changes in the criminal discovery
rules compel the state to turn over witness statements, investigative reports and police reports to
the defense.
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6.
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A defense attorney can plead his client guilty
without his client’s consent.
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7.
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When a person pleads “no lo
contendere,” he is pleading not guilty.
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8.
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Depositions are required in criminal
cases.
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9.
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Through discovery, a defense attorney can get
copies of the prosecutor’s work product.
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10.
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The Brady decision requires the government
to produce exculpatory information to the defense no matter what the state law says about discovery
issues.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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The name for the hearing where the defendant is
told about the official charges against, given a copy of the indictment or accusation and provided
with some discovery.
a. | the initial appearance | b. | the arraignment | c. | the jury
charge | d. | the sentencing
hearing |
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12.
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When a prosecutor offers a lower sentence and fine
to a defendant in exchange for his guilty plea, this is called:
a. | plea bargaining | b. | sentence enhancement | c. | mitigating
factors | d. | Brady
material |
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13.
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All of the following are reasons that a defendant
would plead guilty to a crime, except:
a. | that he might receive a harsher sentence after trial
than if he pleads guilty before trial | b. | that the evidence
against him is overwhelming | c. | that the state has
threatened him | d. | that the defendant
is worried that the jury will convict him |
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14.
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When a defense attorney wishes to exclude the
defendant’s statement to the police, he will often file a:
a. | Brady motion | b. | Motion to dismiss | c. | Motion to
suppress | d. | Motion to ‘reveal the
deal’ |
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15.
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When the state wishes to introduce evidence of the
defendant’s other crimes that have characteristics in common with the crime the defendant has
committed in the present case, the prosecutor will file a:
a. | Similar transactions motion | b. | Motion to suppress | c. | Motion to
exculpate | d. | Brady
motion |
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16.
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When the judge reviews the state’s materials
to see that the state has complied with the defendant’s discovery requests, this is called
a:
a. | Open file procedure | b. | Giglio procedure | c. | In Camera
review | d. | Miranda
review |
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17.
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Paul Prosecutor has offered a recommended sentence
of probation to Carl, the defendant, as part of a negotiated plea of guilty. When they present this
plea bargain to the judge, the judge refuses to impose the negotiated sentence. What can Carl to at
this point?
a. | Carl has no choice, he must plead
guilty | b. | Carl can sue to force the prosecutor to impose the
sentence that was negotiated | c. | Carl can sue the
judge to enforce the sentence that was negotiated | d. | Carl can withdraw his guilty plea and go to
trial |
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18.
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When the defense wishes to know additional
information about the crimes alleged in the indictment, it can file a:
a. | Bill of Particulars | b. | Motion to Quash | c. | Motion to
Suppress | d. | Motion to Compel
Discovery |
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19.
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Carl wishes to plead guilty, even though he
maintains that he is innocent. He realizes, however, that the evidence against him is overwhelming
and that if he goes to trial, he will be found guilty. What can Carl do?
a. | He cannot enter a plea until these
circumstances | b. | He can plead
guilty under the “Alford” case | c. | He cannot plead
guilty because no judge would accept his reasons | d. | He can plead guilty under the “Brady”
decision |
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20.
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Carl’s attorney advises Carl to plead guilty
because the evidence against him is overwhelming. However, Carl is stubborn. At trial, the defense
attorney announces that although Carl does not wish to plead guilty, he will have to plead his client
guilty over Carl’s objections, because going to trial will be much worse for Carl than it would
be to plead guilty before the trial starts. What does the judge do?
a. | Accept the plea of guilty under an Alford
plea | b. | Accept the plea of guilty under the doctrine of no lo
contendere | c. | Deny the plea
because Carl did not consent to it | d. | Deny the plea
because the defense attorney did not confer with the state |
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