CRJU EXAM 3 QUESTIONS WITH
CORRECT ANSWERS
3 types of plea bargaining - Answer-1. implicit plea bargaining
2. bargaining over charges
3. Bargaining over sentences Seriousness of the offense
Injured victim, weapon use, felony etc
Evidence
Types
Real: objects of any type (weapon, clothing, fingerprints, DNA)
Testimony: sworn statements, witnesses ("i saw the DEF running from the crime
scene")
Direct: statements based on observations by eyewitnesses to the crime ("I saw DEF pull
the trigger")
Circumstantial: information that implicates; must infer/reason or indirect evidence
Dangerous and culpable defendant
Prior record, weapon used
"Stand-Up" victim
A person who the jury will consider is undeserving of victimization
Believable
Consistent in statements and testimony
felony vs Misdemeanor procedures (M = compliant, F = indictment/grand jury OR
information) - Answer-Misdemeanor cases:
-Compliant: sworn written document to a court by the police and or prosecutor alleging
the individual committed the crime
Felony cases:
-Indictment: formal written criminal accusation given by a grand jury stating the
allegations (crime) for which the defendant is required to stand trial
-Grand Jury: a group of citizens chosen to hear the testimony in secret
Preliminary hearing (and reasons why it might be waived) - Answer--the determination
of sufficient evidence to show probable cause that the defendant committed the crime (it
replaces the grand jury)
Might be waived because...
1. A defendant decides to plea guilty (main reason)
2. defendant wants to speed up the criminal process
, 3. defendant wants to avoid publicity
Arraignment (types of pleas) - Answer-1. Guilty (90%)
- all the charges are read out in court and the defendant must answer them
-to accept the guilty plea, the judge must state defendant has waived their
constitutional right to trial, believe that there is a bias or plea and that the plea is
voluntary, and inform the defendant of their right to counsel during the plea process.
2. Not guilty
-either verbal statement by defendant or attorney, or the defendant stands mute, and
court/juge enters a notg uilty plea for defendant
3. No contest
-plea guilty without fear of civil suits
Bail ( defintion and factors) - Answer-Bail: Monetary amount for, or condition or, pretrial
release, usually set by a judge at court appearance
-Factors(when deciding on bail or no bail)
1. Seriousness of charge
2. Offenders criminal record
3. Whether or not defendant has local address
4. Previous failures to return to court proceedings
-if they dont post bail they will be kept in jail
-the constitution does not guarantee the defendant bail but it protects them from
excessive bail
-its purpose is to ensure the return of the accused
some places are doing away with a cash bail because it ...
-promotes fairness - unconstitutional (bias against poor)
-if you don't post bail, you are going to have a higher sentence
-reduces jail overcrowding and costs, unnecessary demands on jails/cjs
-prevents loss of jobs, housing, and family stability for low-income defendants
-most who were incarcerated were employed 2 weeks prior to that incarceration
-upholds presumption of innocence
-some want cash bail replaced by a system that uses an algorithm or assessment tool,
like a public safety assessment asking like how lokely thye are to commit another
offense, and how liely they are to return to court
Detention: prevention detention versis pretrial detention - Answer-1. Preventative
detention - practice of holding dangerous defendants before trial and the denial of bail
-A reason for this could be the seriousness of the offense, or fear that they might be a
danger to others or themselves
2. Pretrial detention - practice of holding defendant in secure confinement prior to trial
-released on own recognizance: nonmonetary condition for pretrial release
CORRECT ANSWERS
3 types of plea bargaining - Answer-1. implicit plea bargaining
2. bargaining over charges
3. Bargaining over sentences Seriousness of the offense
Injured victim, weapon use, felony etc
Evidence
Types
Real: objects of any type (weapon, clothing, fingerprints, DNA)
Testimony: sworn statements, witnesses ("i saw the DEF running from the crime
scene")
Direct: statements based on observations by eyewitnesses to the crime ("I saw DEF pull
the trigger")
Circumstantial: information that implicates; must infer/reason or indirect evidence
Dangerous and culpable defendant
Prior record, weapon used
"Stand-Up" victim
A person who the jury will consider is undeserving of victimization
Believable
Consistent in statements and testimony
felony vs Misdemeanor procedures (M = compliant, F = indictment/grand jury OR
information) - Answer-Misdemeanor cases:
-Compliant: sworn written document to a court by the police and or prosecutor alleging
the individual committed the crime
Felony cases:
-Indictment: formal written criminal accusation given by a grand jury stating the
allegations (crime) for which the defendant is required to stand trial
-Grand Jury: a group of citizens chosen to hear the testimony in secret
Preliminary hearing (and reasons why it might be waived) - Answer--the determination
of sufficient evidence to show probable cause that the defendant committed the crime (it
replaces the grand jury)
Might be waived because...
1. A defendant decides to plea guilty (main reason)
2. defendant wants to speed up the criminal process
, 3. defendant wants to avoid publicity
Arraignment (types of pleas) - Answer-1. Guilty (90%)
- all the charges are read out in court and the defendant must answer them
-to accept the guilty plea, the judge must state defendant has waived their
constitutional right to trial, believe that there is a bias or plea and that the plea is
voluntary, and inform the defendant of their right to counsel during the plea process.
2. Not guilty
-either verbal statement by defendant or attorney, or the defendant stands mute, and
court/juge enters a notg uilty plea for defendant
3. No contest
-plea guilty without fear of civil suits
Bail ( defintion and factors) - Answer-Bail: Monetary amount for, or condition or, pretrial
release, usually set by a judge at court appearance
-Factors(when deciding on bail or no bail)
1. Seriousness of charge
2. Offenders criminal record
3. Whether or not defendant has local address
4. Previous failures to return to court proceedings
-if they dont post bail they will be kept in jail
-the constitution does not guarantee the defendant bail but it protects them from
excessive bail
-its purpose is to ensure the return of the accused
some places are doing away with a cash bail because it ...
-promotes fairness - unconstitutional (bias against poor)
-if you don't post bail, you are going to have a higher sentence
-reduces jail overcrowding and costs, unnecessary demands on jails/cjs
-prevents loss of jobs, housing, and family stability for low-income defendants
-most who were incarcerated were employed 2 weeks prior to that incarceration
-upholds presumption of innocence
-some want cash bail replaced by a system that uses an algorithm or assessment tool,
like a public safety assessment asking like how lokely thye are to commit another
offense, and how liely they are to return to court
Detention: prevention detention versis pretrial detention - Answer-1. Preventative
detention - practice of holding dangerous defendants before trial and the denial of bail
-A reason for this could be the seriousness of the offense, or fear that they might be a
danger to others or themselves
2. Pretrial detention - practice of holding defendant in secure confinement prior to trial
-released on own recognizance: nonmonetary condition for pretrial release
