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CRJ 330
Law and the Courts
Spring 2018
Critical Analysis Activity 4
Section 1: Multiple Choice (2 points per question)
1. The penalty phase of the criminal justice system is:
a. arrest
b. trial
c. sentencing
d. arraignment
2. Sentencing ALWAYS involves:
a. incarceration
b. fines
c. fines and incarceration
d. none of the above
3. A primary goal of corrections is:
a. offender reintegration
b. offender punishment
c. just-deserts for offenders
d. all of the above
4. Sentencing where parole boards determine an inmate’s early release is called:
a. determinate
b. presumptive
c. mandatory
d. indeterminate
5. Sentences of unspecified durations are:
a. determinate
b. presumptive
c. mandatory
d. indeterminate
6. A primary objective of determinate sentencing is to provide prisoners with:
a. greater release certainty
b. better options
c. greater punishment
d. diminished punishment
7. The U.S. Sentencing Guidelines have been determined by the U.S. Supreme Court to be:
a. unconstitutional
b. constitutional
c. cruel and unusual
d. excessive
8. Under the U.S. Sentencing guidelines, sentences may be increased by:
a. aggravating circumstances
b. mitigating circumstances
c. an offender’s race
d. an offender’s gender
9. An aggravating circumstance may be:
a. being mentally ill
b. being disabled
c. causing bodily harm
d. enticing violence
10. A mitigating circumstance may be:
a. having a previous criminal record
b. having no previous criminal record
c. causing serious bodily harm
d. enticing violence
11. When a judge sentences two offenders to different prison terms and where the offenders have
similar criminal histories and have committed the same offenses, this may be evidence of:
a. sentencing disparity
b. judicial leniency
c. sentencing severity
d. just deserts
12. The sentencing scheme most likely to use good-time credits for determining an inmate’s early
release would be:
a. mandatory sentencing
b. presumptive sentencing
c. determinate sentencing
d. guidelines-based sentencing
13. The Crime Bill of 1994 is most closely associated with:
a. truth-in-sentencing laws
b. indeterminate sentencing
c. presumptive sentencing
d. guidelines-based sentencing
14. _____________________ involves assisting criminals in becoming readjusted so that they fit
back into their communities and society.
a. Restoration
b. Reintegration
c. Rehabilitation
d. Reverser
15. The main intent of habitual offender statutes are to:
a. punish offenders
b. rehabilitate offenders
c. restore offenders
d. incapacitate offenders
16. The minimum number of jury members in any criminal trial in any state court is:
a. 12
b. 6
c. 9
d. 15
17. If guilty verdicts are rendered by juries, defendants:
a. may appeal
b. may not appeal
c. have no further recourse
d. must seek redress in a lower court
18. Asking prospective jurors questions regarding background, propensity for bias, etc. is a process
known as:
a. habeas corpus
b. amicus curiae
c. voir dire
d. certiorari
19. Jury sequestration is done to prevent jurors from being influenced by:
a. trial testimony
b. media coverage of trials
c. spouses of jurors
d. judicial instructions
20. Hung juries usually result in:
a. guilty verdicts
b. acquittals
c. no verdicts
d. none of the above
21. If plea bargaining is rejected by a defendant and the defendant goes to court and loses the case
through a jury trial, the sentence received from the judge compared with what would have been
received through the plea bargain is usually:
a. more severe
b. less severe
c. about the same
d. none of the above
22. If a defendant refuses a plea bargain and, as a result, the prosecutor threatens the defendant
with a more serious criminal charge (for which the prosecutor has evidence), this is:
a. unconstitutional
b. constitutional
c. unethical
d. unfair
23. One thing a judge must ask a defendant during plea agreement hearings is whether the
a. wishes a reduced sentence
b. wishes to serve time in jail or prison
c. entered the plea voluntarily
d. entered the plea without witness
24. Trials conducted by a judge where the judge decides the guilt or innocence of the accused are
a. bench trials
b. jury trials
c. autocratic trials
d. supreme trials
25. Participation by judges in the plea bargaining process between defense counsel and the
prosecutor in most jurisdictions is:
a. condoned
b. constitutional
c. prohibited
d. condoned, only if the judge insists on being included
Section 2: Short Answer
26. Should plea-bargaining be banned? Why or why not? Be specific. If not, what alternatives might
be implemented? There is no “right answer” to this question. Please be clear with your position
and make sure to fully reason the “whys.” (at least 2 paragraphs) (10 points)
Galin Frye was charged with multiple counts of driving with a revoked license. During discovery,
prosecutors offered to reduce the severity of Galin’s charges if he pled guilty and served a 90day jail sentence. This offer was never communicated to Galin and, as a result, he pled guilty in
open court and was sentenced to three years in prison. He argued on appeal (before the U.S.
Supreme Court) that part of any defense is the conduct of plea negotiations and his lawyer’s
failure to tell him of the prosecutor’s plea offer denied him the effective assistance of counsel
guaranteed by the U.S. Constitution. As it turns out, The Court agreed! You can read (and hear)
the Court’s opinion here:
Please discuss whether the Court decided this case correctly. Why or why not? Be specific. (at
least 2 paragraphs) (20 points)
This article ran in a recent issue of The New Yorker. The article’s author, Adam Gopnik, is a
longtime American writer and essayist who has been openly critical of the criminal justice
system in the United States since the mid-1990s. In this piece, he discusses misconceptions with
the ‘system’ and how these misconceptions lead to initiatives for reform that are not successful
(and costly). He also discusses prosecutorial misconduct/over-reach and its impact on
incarceration numbers.
Please summarize one ‘misunderstanding’ identified by Adam. Discuss Adam’s position on this
‘misunderstanding’ and how he identifies it as a contributing factor to the overall issues in the
criminal justice system. Likewise, take a position on the ‘misunderstanding’ using your own
credible outside research. (at least 3 paragraphs) (20 points)
Please comply with APA formatting/citation guidelines. No ‘abstracts’ are required. Please do not write
in the first-person narrative (I, we, our…) You may use sub-sections.
Submit to Canvas (as a Word or PDF document) by 11:59p on Sunday, April 29.

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