Exam 8: Pretrial Procedures and the Criminal Trial

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Circumstantial evidence is not admissible in court.

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False

Only a criminal defendant has the right to "take the fifth" during a criminal trial.

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False

_____________ is Latin for "I will not contest it."

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Nolo contendere

Discuss why prosecutors,defense attorneys,and defendants often agree to plea bargains.

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The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or witness is referred to as:

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The retention of an accused person in custody before trial is called __________________.

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____________________ is the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings.

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All defendants have a guaranteed right to bail.

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Excessive bail is prohibited under the ____ Amendment.

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The ____ is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.

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If unable to post bail with cash or property,a defendant may arrange for a _________________________________ to post a bail bond on the defendant's behalf.

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Protection against double jeopardy is contained within the Fifth Amendment.

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During the ____,the defendant appears before a judge or magistrate,who decides whether the evidence presented is sufficient for the case to proceed to trial.

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Which amendment contains the "confrontation clause," or the right to cross-examine witnesses?

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Prosecutors may turn to plea bargaining to obtain a conviction in a questionable case.

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What type of trial is conducted without a jury,in which a judge makes the determination of the defendant's guilt or innocence?

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A judicial order that commands a corrections official to bring a prisoner before the court is a writ of ________________.

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During the preliminary hearing,the judge decides if there is probable cause to hold the defendant over for trial.

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During the appeals process,the burden of proof rests with the prosecution.

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What is the burden of proof in a criminal trial?

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