Plea Bargain—Innovation or Imperfect?

Take Test: Quiz - Week 1

PLEASE RESEARCH YOUR ANSWERS AND DO YOUR BEST WORK ON THIS QUIZ THIS COUNTS TOWARD MY GRADES

QUESTION 1

Place these concepts in their order in the judicial process.

Probable cause

Arraignment

Arrest

Intent

QUESTION 2

Match the key term from the judicial system with its definition.

Precedent

Burden of proof

Plea bargain

Overcharging

A.

Decisions rendered on similar cases by past judges; stare decisis

B.

The application of more serious charges in order to compel a more favorable plea bargain; a tool used to bargain when applying “negotiated justice”

C.

A negotiated deal between the prosecutor and the defense attorney for leniency in exchange for a guilty plea; “negotiated justice”

D.

The accused is presumed innocent unless the state can prove otherwise.

QUESTION 3

Match the key term from the judicial system with its definition.

Arraignment Nolo contendere

Adversarial process Inquisitorial method

Indictment

A.

When a grand jury orders a defendant to stand trial due to probable cause that a trial is warranted

B.

There are two sides to every case, and the truth will emerge if both sides present their case; the U.S. process

C.

When the defendant is formally advised of the charges and allowed to enter a plea, request a trial, and request an attorney

D.

The judge is the main arbiter and seeker of truth while lawyers are more passive, the most common process in Western democracies

E.

No contest: the defendant does not deny the charges but does not admit to committing a crime; can only be entered as a plea with consent of the judge

QUESTION 4

Place these concepts in their order in the judicial process.

-

Instructions to the jury

-

The prosecution’s case

-

Jury selection

-

The case for the defense

-

Opening statements

QUESTION 5

Match the key term from the judicial system with its definition.

Due process Arrest

Presumption of innocence Double jeopardy

Reasonable doubt

A.

A jurisdiction may not prosecute someone who has been acquitted of a crime or already convicted of the same crime or punish someone twice for the same crime.

B.

The standard for a defendant’s guilt or innocence; the standard could be viewed as subjective, but at minimum, a clear understanding of a defendant’s guilt or innocence in response to serious consideration of all evidence.

C.

Instructions that instruct agents of the state how they must proceed in their investigation, arrest, questioning, prosecution, and punishment of individuals who are suspected of committing crimes.

D.

The view that a defendant is “innocent until proven guilty”

E.

The restraint of liberty by the police