Question 1

The surrender of a person accused of a crime by one state to another is known as _________.

Accepted Answer

A)  compulsory process 
B)  asylum 
C)  extradition 
D)  asportation 
A)  compulsory process 
B)  asylum 
C)  extradition 
D)  asportation C

Question 2

Although functionally equivalent to a guilty plea, a no-contest plea generally cannot be construed as an admission of guilt in a related civil suit.

Accepted Answer

A) True 
 B)False  True

Question 3

The Supreme Court has held that indigents accused of felonies have the right to be represented by counsel at public expense.

Accepted Answer

A) True 
 B)False  True

Question 4

Completion:
-The pretrial stage when a magistrate or judge examines the government's case to determine if there is probable cause to bind the accused over to a grand jury or to hold the accused for trial is known as a _______________________.

Accepted Answer

The answer of Completion:
-The pretrial stage when a magistrate or...

Question 5

Peter Pleuresy is a professional athlete. He commits a gun crime in New York City and then flees to Georgia. He is arrested there by local authorities on an unrelated drunk and disorderly charge. Georgia authorities realize he is wanted in New York and arrange to transport him there after he spends one night in a local jail for the drunk and disorderly matter. Shortly after his arrival in New York City, Peter sits before a grand jury. At the grand jury proceeding, prosecutors introduce evidence seized from Peter's home before police acquired a warrant. Prosecutors admit that this evidence was taken in violation of the 4th Amendment, but use it anyway. The 23 jurors on the grand jury vote unanimously to indict.
-Assume Peter is a Mexican-American. The prosecutor decides to systematically exclude Mexican-Americans from the grand jury pool. Which of the following statements is true?

Accepted Answer

A)  Prosecutorial discretion in these matters has been protected by the Supreme Court in grand jury proceedings and in trials. 
B)  There is Supreme Court case law which Peter's lawyers might be able to use as grounds for appeal on this matter 
C)  There is no case law that prohibits this practice in a grand jury setting. 
D)  All of these statements are true. 
A)  Prosecutorial discretion in these matters has been protected by the Supreme Court in grand jury proceedings and in trials. 
B)  There is Supreme Court case law which Peter's lawyers might be able to use as grounds for appeal on this matter 
C)  There is no case law that prohibits this practice in a grand jury setting. 
D)  All of these statements are true.

Question 6

Extradition of suspects or convicted criminals between nations is regulated by treaties, which usually provide that the crime involved must be a serious one in both nations and that the penalty for the person extradited will not be disproportionate to the crime.

Accepted Answer

A) True 
 B)False

Question 7

The ___________________ imposes time limits for the initiation of pretrial and trial procedures in federal prosecutions.

Accepted Answer

A)  Fair Trial Act of 1890 
B)  Speedy Trial Act of 1974 
C)  Eighth Amendment to the U.S. Constitution 
D)  Bail Reform Act of 1984 
A)  Fair Trial Act of 1890 
B)  Speedy Trial Act of 1974 
C)  Eighth Amendment to the U.S. Constitution 
D)  Bail Reform Act of 1984

Question 8

The State charged Maria Felonio with grand theft. She requests the trial court to discharge the public defender appointed to represent her and to allow her to represent herself. Which ONE of the following actions by the trial judge was IMPROPER?

Accepted Answer

A)  The judge informed Ms. Felonio that if the court grants her request that she cannot expect the trial judge to advise her on tactical decisions during her trial. 
B)  The judge made a searching inquiry to determine that Ms. Felonio's decision to opt for self-representation was voluntary and made after she was informed of the advantages for a defendant charged with a serious crime to be represented by counsel. 
C)  The court determined that although Ms. Felonio's decision to represent herself was knowingly and voluntarily made, she lacked the legal knowledge and skills essential to effectively represent herself before the court. 
D)  The court approved Ms. Felonio's request to represent herself but appointed standby counsel to be available to answer questions she may have concerning court procedures. 
A)  The judge informed Ms. Felonio that if the court grants her request that she cannot expect the trial judge to advise her on tactical decisions during her trial. 
B)  The judge made a searching inquiry to determine that Ms. Felonio's decision to opt for self-representation was voluntary and made after she was informed of the advantages for a defendant charged with a serious crime to be represented by counsel. 
C)  The court determined that although Ms. Felonio's decision to represent herself was knowingly and voluntarily made, she lacked the legal knowledge and skills essential to effectively represent herself before the court. 
D)  The court approved Ms. Felonio's request to represent herself but appointed standby counsel to be available to answer questions she may have concerning court procedures.

Question 9

Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?

Accepted Answer

A)  The charges against the accused must be read. 
B)  The accused must be informed of relevant constitutional rights, including the right to remain silent and the right to counsel. 
C)  Determination must be made as to whether the accused will be released or detained pending trial. 
D)  All of these 
A)  The charges against the accused must be read. 
B)  The accused must be informed of relevant constitutional rights, including the right to remain silent and the right to counsel. 
C)  Determination must be made as to whether the accused will be released or detained pending trial. 
D)  All of these

Question 10

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.

Accepted Answer

A)  hearsay 
B)  evanescent 
C)  exculpatory 
D)  physical 
A)  hearsay 
B)  evanescent 
C)  exculpatory 
D)  physical

Question 11

Completion:
-The surrender, on demand, of an individual accused or convicted of an offense within the territorial jurisdiction of the demanding government is known as _________.

Accepted Answer

The answer of Completion:
-The surrender, on demand, of an individual...

Question 12

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.

Accepted Answer

A)  a writ of habeas corpus 
B)  a subpoena 
C)  identity of a confidential informant 
D)  permission to take a discovery deposition 
A)  a writ of habeas corpus 
B)  a subpoena 
C)  identity of a confidential informant 
D)  permission to take a discovery deposition

Question 13

The Federal Bail Reform Act of 1984 permits federal courts to detain arrestees without bail on the ground of their danger to the community.

Accepted Answer

A) True 
 B)False

Question 14

Which one of the following statements is INCORRECT?

Accepted Answer

A)  A postponement of a trial is termed a continuance. 
B)  Once the trial court has accepted a guilty plea pursuant to a plea bargain, the court cannot unilaterally alter it without permitting the defendant the opportunity to withdraw the plea. 
C)  The U.S. Supreme Court has ruled that a defendant in a criminal case has a right to bail under the Eighth Amendment to the Constitution. 
D)  The U.S. Supreme Court has held that the Sixth Amendment right to trial by jury applies to state criminal trials via the Fourteenth Amendment. 
A)  A postponement of a trial is termed a continuance. 
B)  Once the trial court has accepted a guilty plea pursuant to a plea bargain, the court cannot unilaterally alter it without permitting the defendant the opportunity to withdraw the plea. 
C)  The U.S. Supreme Court has ruled that a defendant in a criminal case has a right to bail under the Eighth Amendment to the Constitution. 
D)  The U.S. Supreme Court has held that the Sixth Amendment right to trial by jury applies to state criminal trials via the Fourteenth Amendment.

Question 15

The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.

Accepted Answer

A) True 
 B)False

Question 16

You are a second year law student at the prestigious Frankfurter School of Law. One of your classmates is arrested on federal drug trafficking charges and is held at the local federal detention center. You show up to visit about a week after he is first taken into custody. He informs you that his parents are willing to pay for an attorney, but have not yet done so because they are trying to save some money. Because your friend was a C student who didn't always pay attention in class, he has some very basic legal questions for you to answer.
-Your friend's first question is in regard to when his attorney should arrive. Based on your understanding of Supreme Court case law, your friend is entitled to have an attorney at which of the following stages in the pre-trial process:

Accepted Answer

A)  preliminary hearings or grand jury proceedings 
B)  arraignment 
C)  lineups 
D)  all of these 
A)  preliminary hearings or grand jury proceedings 
B)  arraignment 
C)  lineups 
D)  all of these

Question 17

Federal Rules of Criminal Procedure provide that a person arrested for a federal offense must be taken before a magistrate "without unnecessary delay" for a first appearance.

Accepted Answer

A) True 
 B)False

Question 18

Completion:
-To challenge preindictment delay under the Speedy Trial Act, a defendant must show _____________ and deliberate design by the government

Accepted Answer

The answer of Completion:
-To challenge preindictment delay under the Speedy...

Question 19

Completion:
-Courts usually grant a _________ of defendants when jointly charged defendants pursue inconsistent defenses.

Accepted Answer

The answer of Completion:
-Courts usually grant a _________ of defendants...

Question 20

The same rules of evidence that apply to criminal trials apply to grand jury investigations.

Accepted Answer

A) True 
 B)False

The surrender of a person accused of a crime by one state to another is known as _________.

Although functionally equivalent to a guilty plea, a no-contest plea generally cannot be construed as an admission of guilt in a related civil suit.

The Supreme Court has held that indigents accused of felonies have the right to be represented by counsel at public expense.

Completion: -The pretrial stage when a magistrate or judge examines the government's case to determine if there is probable cause to bind the accused over to a grand jury or to hold the accused for trial is known as a _______________________.

Extradition of suspects or convicted criminals between nations is regulated by treaties, which usually provide that the crime involved must be a serious one in both nations and that the penalty for the person extradited will not be disproportionate to the crime.

The ___________________ imposes time limits for the initiation of pretrial and trial procedures in federal prosecutions.

The State charged Maria Felonio with grand theft. She requests the trial court to discharge the public defender appointed to represent her and to allow her to represent herself. Which ONE of the following actions by the trial judge was IMPROPER?

Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.

Completion: -The surrender, on demand, of an individual accused or convicted of an offense within the territorial jurisdiction of the demanding government is known as _________.

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.

The Federal Bail Reform Act of 1984 permits federal courts to detain arrestees without bail on the ground of their danger to the community.

Which one of the following statements is INCORRECT?

The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.

Federal Rules of Criminal Procedure provide that a person arrested for a federal offense must be taken before a magistrate "without unnecessary delay" for a first appearance.

Completion: -To challenge preindictment delay under the Speedy Trial Act, a defendant must show _____________ and deliberate design by the government

Completion: -Courts usually grant a _________ of defendants when jointly charged defendants pursue inconsistent defenses.

The same rules of evidence that apply to criminal trials apply to grand jury investigations.

Fundamentals of Criminal Procedure

Organization of the Criminal Justice System

Search and Seizure

Arrest, Interrogation, and Identification Procedures

The Criminal Trial

Sentencing and Punishment

Appeal and Postconviction Relief

Filters

Exam 5: The Pretrial Process

The surrender of a person accused of a crime by one state to another is known as _________.

Although functionally equivalent to a guilty plea, a no-contest plea generally cannot be construed as an admission of guilt in a related civil suit.

The Supreme Court has held that indigents accused of felonies have the right to be represented by counsel at public expense.

Completion: -The pretrial stage when a magistrate or judge examines the government's case to determine if there is probable cause to bind the accused over to a grand jury or to hold the accused for trial is known as a _______________________.

Extradition of suspects or convicted criminals between nations is regulated by treaties, which usually provide that the crime involved must be a serious one in both nations and that the penalty for the person extradited will not be disproportionate to the crime.

The ___________________ imposes time limits for the initiation of pretrial and trial procedures in federal prosecutions.

The State charged Maria Felonio with grand theft. She requests the trial court to discharge the public defender appointed to represent her and to allow her to represent herself. Which ONE of the following actions by the trial judge was IMPROPER?

Which of the following functions must be performed at a defendant's initial appearance before a judge or magistrate?

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.

Completion: -The surrender, on demand, of an individual accused or convicted of an offense within the territorial jurisdiction of the demanding government is known as _________.

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.

The Federal Bail Reform Act of 1984 permits federal courts to detain arrestees without bail on the ground of their danger to the community.

Which one of the following statements is INCORRECT?

The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense.

Federal Rules of Criminal Procedure provide that a person arrested for a federal offense must be taken before a magistrate "without unnecessary delay" for a first appearance.

Completion: -To challenge preindictment delay under the Speedy Trial Act, a defendant must show _____________ and deliberate design by the government

Completion: -Courts usually grant a _________ of defendants when jointly charged defendants pursue inconsistent defenses.

The same rules of evidence that apply to criminal trials apply to grand jury investigations.

Fundamentals of Criminal Procedure

Organization of the Criminal Justice System

Search and Seizure

Arrest, Interrogation, and Identification Procedures

The Criminal Trial

Sentencing and Punishment

Appeal and Postconviction Relief

Filters