Exam 2: Overview of the Criminal Justice Process

A preliminary examination is not required when an indictment has been handed down prior to the preliminary hearing.

If there is a conflict between state or federal law and the U.S.Constitution,the Constitution prevails.

A plea of ______has the same effect as a plea of guilty,except that it cannot be used against the defendant in a subsequent civil action involving the same event.

Defendants are entitled to a lawyer at plea bargaining under the______Amendment.

Criminal procedure before trial begins with the filing of pretrial motions.

In the great majority of cases,the criminal justice process is triggered against a suspect by:

The_______ warnings do not have to be given by the officer after an arrest unless the arrested person is interrogated and in custody.

Release on recognizance means that an accused has been released withou_______bail.

A bench warrant is a process issued by the police.

Criminal procedure is mostly a product of______ decisions.

A ______procedure is when the guilt-innocence stage and sentencing stage are separate

Which of the following is NOT true regarding a motion for a mistrial?

In addition to the Bill of Rights,there are other sources of rights for the defendant,including state constitutions.

Only a grand jury can issue an indictment.

Jury nullification occurs when a jury acquits the defendant or convicts the defendant of a lesser offense despite the evidence presented;in essence,the evidence and the verdict point in opposite directions.The Court held in United States v.Powell (469 U.S.57 [1984])that juries have the power to engage in jury nullification.Do you agree? Why or why not?

Sentencing is the decision by the jury after deliberation in a criminal case.

Denying bail or pretrial release to a defendant because they are dangerous is called _______detention.

Discuss the differences between an indictment and an information.What are the merits and downfalls of each? Which would you prefer if being charged in a criminal case? Why?

During the month awaiting sentence,what may happen?

The prosecution in a criminal case is required to prove the defendant's guilt beyond a______doubt.