Criminal Law Fundamentals Quiz

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Questions and Answers

What does the double jeopardy clause protect an individual from?

Being prosecuted for different crimes by different governments

Being tried for the same crime multiple times (correct)

Being punished after a not guilty verdict

Facing civil charges after a criminal conviction

In an indeterminate sentencing system, who decides when an offender is released from prison?

The trial judge

The attorney of the offender

The jury

The parole board (correct)

What must the prosecution establish to meet the burden of proof in a criminal trial?

Preponderance of the evidence

Clear and convincing evidence

Beyond a reasonable doubt (correct)

Probable cause

What is a major characteristic of the 'key man' system in jury selection?

Leads to juries heavily composed of affluent individuals Signup and view all the answers

What is direct examination in a court proceeding?

Questioning of a witness by the attorney who called them Signup and view all the answers

What occurs during a bench trial?

The case is tried solely by a judge Signup and view all the answers

What does the self-incrimination clause of the Fifth Amendment protect against?

Testifying against oneself in a criminal case Signup and view all the answers

Which of the following best describes sentencing guidelines?

A framework for judges to determine appropriate sentences Signup and view all the answers

What is the purpose of a challenge for cause during jury selection?

To ensure only jurors who are unbiased participate Signup and view all the answers

What does the writ of habeas corpus allow an incarcerated individual to do?

Have their case reviewed for constitutional compliance Signup and view all the answers

Which scenario exemplifies a harmless error?

A minor error in jury instructions that did not influence the verdict Signup and view all the answers

What is an Allen charge intended to do?

Pressure jurors to reach a consensus on a verdict Signup and view all the answers

What does overcharging refer to in a legal context?

Bringing more serious charges than justified Signup and view all the answers

What qualifies as real evidence in a trial?

Tangible items like weapons or DNA Signup and view all the answers

What defines direct evidence?

Eyewitness testimony proving a fact Signup and view all the answers

Which of the following statements is true regarding the right against self-incrimination?

It prevents defendants from being compelled to provide incriminating testimony Signup and view all the answers

What is the primary purpose of the master jury list?

To establish a list of potential jurors for selection at random Signup and view all the answers

What does the liberation hypothesis suggest about jurors' decision-making in cases with ambiguous evidence?

Jurors may consider legally irrelevant factors. Signup and view all the answers

How does specific deterrence function in the criminal justice system?

By imposing punishment to prevent future crimes by the same offender Signup and view all the answers

What is typically involved in charge bargaining during plea negotiations?

Reducing the number of charges or their severity. Signup and view all the answers

What is selective incapacitation based on?

The prediction of future criminal behavior in certain offenders Signup and view all the answers

What is the primary function of rape shield laws?

To prevent the introduction of evidence regarding the victim's past sexual conduct Signup and view all the answers

What does an acquittal signify in a criminal case?

The state failed to meet the burden of proof. Signup and view all the answers

What defines hearsay evidence?

Information based on someone's second-hand accounts. Signup and view all the answers

What occurs in the case of a hung jury?

A new trial may be ordered if the jury cannot reach a verdict Signup and view all the answers

What does the probative value of evidence refer to?

How convincingly evidence can support a fact at issue. Signup and view all the answers

What was a significant reason behind the passing of the Antiterrorism and Effective Death Penalty Act?

As a reaction to domestic terrorism incidents like the World Trade Center bombings Signup and view all the answers

What is a venire in the context of a jury trial?

The list of potential jurors for selection. Signup and view all the answers

What is a potential consequence of a hung jury?

A retrial may be initiated Signup and view all the answers

What is the purpose of cross-examination in a trial?

To question the witness about their earlier statements. Signup and view all the answers

What is a common misconception about expert testimony?

It introduces complicated scientific evidence through knowledgeable witnesses Signup and view all the answers

What is an interlocutory appeal?

An appeal focusing on constitutional questions before the trial is complete. Signup and view all the answers

What is one of the key elements that courts consider when determining the admissibility of evidence at trial?

Reliability Signup and view all the answers

Which of the following statements accurately describes a characteristic of jury selection?

Venire refers to the panel from which jurors are selected. Signup and view all the answers

What is the primary difference between a 'not guilty' verdict and an 'innocent' verdict?

Not guilty indicates insufficient evidence to convict. Signup and view all the answers

Which of the following burdens of proof is commonly used in civil cases?

Preponderance of evidence Signup and view all the answers

What is a potential consequence of 'tough-on-crime' policies as it relates to sentencing?

Implementation of mandatory minimums Signup and view all the answers

What is general deterrence primarily aimed at achieving?

Dissuading prospective offenders from committing crimes Signup and view all the answers

What does the confrontation clause of the Sixth Amendment guarantee the accused?

The right to confront witnesses and evidence against them Signup and view all the answers

What characterizes jury nullification?

A jury's decision to acquit despite overwhelming evidence of guilt Signup and view all the answers

What does an Alford plea involve?

A guilty plea with a statement of innocence Signup and view all the answers

How are day fines determined?

According to the offender's financial status and the seriousness of the offense Signup and view all the answers

What was the significance of the Supreme Court case Griffin v. California (1965)?

It affirmed the right against self-incrimination related to a defendant's silence Signup and view all the answers

In Duncan v. Louisiana (1968), what was the legal issue regarding the right to a jury trial?

Only defendants facing severe penalties were entitled to a jury trial under state law Signup and view all the answers

What does ad hoc plea bargaining refer to in the legal context?

Unusual concessions defendants may agree to during negotiations Signup and view all the answers

Study Notes

Double Jeopardy

Prevents prosecution of the same individual for the same crime more than once (state or federal).

Indeterminate Sentencing

Legislature sets minimum and maximum sentences for offenses.
Judges impose either a minimum and maximum term of years, or the maximum term only.
Parole board determines release date.

Burden of Proof

Prosecution must prove each element of the charged offense "beyond a reasonable doubt."
A "not guilty" verdict is returned if the burden is not met.
Determining if the burden was not met is different from determining if the defendant was not guilty.

Key Man System

Court clerks and jury commissioners consulted civic/political leaders (key men) for jury pool input.
Predictably, these "blue-ribbon" juries were not representative of the broader community.
Often included disproportionately many middle-aged white men.

Direct Examination

Questioning of a witness by the attorney who called them to the stand.

Bench Trial

Trials heard by a judge, without a jury.
Judge determines guilt or innocence "beyond a reasonable doubt."
Judge sets the sentence if the defendant is found guilty or pleads guilty.

Self-Incrimination Clause (5th Amendment)

"No person...shall be compelled in any criminal case to be a witness against himself."
Prevents forcing a defendant to testify against themselves in a criminal trial.

Sentencing Guidelines

"No person...shall be compelled...to be a witness against himself" (5th Amendment)
A defendant cannot be compelled to testify against themselves.

Challenge for Cause

Method for removing potential jurors during jury selection.
Prosecutor or defense lawyer removes jurors due to bias or prejudice.

Writ of Habeas Corpus

Order for a prisoner to be brought to court.
Review of the constitutionality of their detention.

Harmless Error Rule

Errors in a trial that do not affect the outcome are not grounds for an appeal.

Allen Charge

Jury instructions given to a hung jury, urging agreement.
Controversial due to potential pressure on minority opinions.

Overcharging

Accusing a defendant of more serious charges than warranted.
Involves accusing a business of overcharging customers (in the business context).

Real Evidence

Evidence in trial that's a tangible object (e.g., weapons, DNA, fingerprints found at the crime scene).

Direct Evidence

Evidence that stands alone as proof of fact; eyewitness testimony.

Master Jury List/Jury Wheel

First stage in jury selection process.
List of potential jurors establishes a list of jurors in the jurisdiction established by law.

Expert Testimony

Witnesses providing scientific or complex evidence in court.

Specific Deterrence

Punishment aimed at dissuading offenders from committing future crimes.

Selective Incapacitation

Punishment philosophy focusing on incapacitating individuals deemed likely to reoffend.

Rape Shield Laws

Limits admissibility of evidence about a victim's past sexual conduct in a sexual assault case.
Varied requirements for admissibility.

Hung Jury

Jury unable to reach a unanimous verdict (in states requiring unanimity).
Judges can declare a mistrial.

Antiterrorism and Effective Death Penalty Act

Law enacted after the World Trade Center and Oklahoma City bombings.
Aim of reducing terrorism. (Critics saw it as focusing too heavily on the death penalty.)

Liberation Hypothesis (Jury Deliberations)

Legally irrelevant factors (race, gender, behavior, etc).
Evidence unclear in a trial, juries more likely to consider them.

Caseload Hypothesis (Plea Bargaining)

Negotiation of guilty pleas by reducing charges (charge bargaining) or recommended leniency (sentence bargaining).

Acquittal

Jury verdict that the defendant was not proven guilty "beyond a reasonable doubt."
Doesn't necessarily mean the defendant didn't commit the crime - rather it was not proven.

Hearsay Evidence

Evidence based on what a witness heard from someone else rather than personal experience. (Often inadmissible unless applicable exceptions apply.)

Probative Value of Evidence

Extent to which evidence proves a fact in a legal context.

Venire

List of names being considered for actual jurors.

Cross Examination

Questioning of a witness by the opposing attorney after direct examination.

Voir Dire

Process where potential jurors are questioned to assess suitability.

Interlocutory Appeals

Appeals before a final ruling, often challenging constitutionality or legal points.

Peremptory Challenge

Removal of potential jurors without needing justification.
Certain number allowed per side.

Jury Trial Penalty

Penalty for taking a jury trial, rather than accepting a plea deal.
(Belief or stated practice that jury trials lead to harsher sentences when compared to plea bargains.)

Reversible Error

Significant mistakes in trial that could lead to a conviction reversal.

Mistrial

Legal error in a trial that impairs a fair outcome from jurors and warrants a new trial.

Bifurcated Trial (Capital Cases)

Two-stage trial structure in capital cases (e.g., guilt determination, then penalty phase).

Testimonial Evidence

Witness statements in court (as opposed to physical evidence.)

Circumstantial Evidence

Requires inferences or reasoned judgments based on the evidence presented.

One-Day/One Trial System (for Juries)

Relatively new approach in some courts to resolve ongoing jury problems for jurors and court systems.

Forensic Scientific Evidence

Evidence relying heavily on scientific methods (e.g., DNA, fingerprint, handwriting).

General Deterrence

Aims to deter potential offenders by punishing past offenders.

Confrontation Clause (6th Amendment)

Guarantees a defendant's right to confront witnesses in a criminal trial.
Limits the prosecution in presenting inadmissible or unreliable evidence.

Jury Nullification

Jury's refusal to convict based on disagreement with the law.

Alford Plea

Defendant pleads guilty but denies committing the crime.

Ad Hoc Plea Bargaining

Plea deals with unusual stipulations or compromises in exchange for plea deals.

Day Fines

Fines adjusted based on the defendant's ability to pay.

Griffin v. CA (1965)

Prosecutors cannot comment on a defendant's refusal to testify against themselves in court - protects the privilege against self-incrimination.

Duncan v. Louisiana (1968)

Supreme Court ruling—right to a jury trial is fundamental and applies to states.

Batson v. Kentucky (1986)

Racial discrimination cannot be a factor in selecting a jury.

Herrera v. Collins (1993)

Claims of "actual innocence" don't automatically warrant federal habeas relief unless a constitutional violation occurred during the trial.

Ramos v Kentucky (2020)

Unanimous verdicts are required in state felony criminal cases for jury trials.

Booker (2005); (United States v. Booker)

U.S. Supreme Court decisions regarding Federal sentencing guidelines.

Types of Plea Bargaining

Three types:

Charge bargain
Count bargain
Sentence bargain

Explanations for Plea Bargaining

Balancing caseloads, reducing costs.

Standards governing admissibility of evidence

Rules used to determine what evidence can be presented in court (relevance, reliability, probative value, prejudice).

Constitutional Standards for Jury Trials

Jury requirements vary by state and jurisdiction regarding size of jury and required unanimity for verdicts.

Theories of Punishment

Retribution focuses on punishing individuals based upon their transgressions (criminal acts / wrongdoing).
Utilitarianism focuses on maximizing societal benefits from punishment, considering potential consequences.

Sentencing Options

Fines, probation, intermediate sanctions, imprisonment.

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Description

Test your knowledge of essential concepts in criminal law, including the double jeopardy clause, burden of proof, and jury selection processes. This quiz covers important aspects of legal proceedings and individual rights under the law. Ideal for law students and those interested in understanding legal fundamentals.