Question 1

The principal similarity between preliminary hearings and grand jury review is:

Accepted Answer

A) determination of the sufficiency of evidence. 
B) citizen participation. 
C) public proceedings. 
D) the defendant's participation. 
A) determination of the sufficiency of evidence. 
B) citizen participation. 
C) public proceedings. 
D) the defendant's participation. A

Question 2

"Duplicity" prohibits:

Accepted Answer

A) charging more than one offense in a single indictment. 
B) charging felonies and misdemeanors in a single indictment. 
C) charging alternative methods of committing a single crime. 
D) charging more than one offense in a single count of an indictment. 
A) charging more than one offense in a single indictment. 
B) charging felonies and misdemeanors in a single indictment. 
C) charging alternative methods of committing a single crime. 
D) charging more than one offense in a single count of an indictment. D

Question 3

With respect to bail and pretrial detention:

Accepted Answer

A) most defendants are detained until trial. 
B) pretrial detention may never exceed 90 days. 
C) some defendants are released solely on their promise to appear. 
D) most defendants are too dangerous to be released. 
A) most defendants are detained until trial. 
B) pretrial detention may never exceed 90 days. 
C) some defendants are released solely on their promise to appear. 
D) most defendants are too dangerous to be released. C

Question 4

The Constitution:

Accepted Answer

A) guarantees all defendants the right to pretrial release. 
B) prohibits excess bail. 
C) considers bail in excess of $100,000 to be cruel and unusual punishment. 
D) is silent as to determination of bail. 
A) guarantees all defendants the right to pretrial release. 
B) prohibits excess bail. 
C) considers bail in excess of $100,000 to be cruel and unusual punishment. 
D) is silent as to determination of bail.

Question 5

Which of the following occurs at the accused's first appearance before a judicial officer?

Accepted Answer

A) Consideration of pretrial release 
B) Arraignment 
C) Entry of a plea 
D) Filing of pretrial motions 
A) Consideration of pretrial release 
B) Arraignment 
C) Entry of a plea 
D) Filing of pretrial motions

Question 6

If a judge concludes at the preliminary hearing that the government has sufficient evidence of guilt, the judge will:

Accepted Answer

A) convict the accused. 
B) dismiss the charges. 
C) indict the accused. 
D) have the accused bound over for trial. 
A) convict the accused. 
B) dismiss the charges. 
C) indict the accused. 
D) have the accused bound over for trial.

Question 7

A grand jury may:

Accepted Answer

A) acquit the defendant. 
B) convict only of misdemeanors. 
C) convict the defendant of any charge. 
D) indict or refuse to indict for any offense. 
A) acquit the defendant. 
B) convict only of misdemeanors. 
C) convict the defendant of any charge. 
D) indict or refuse to indict for any offense.

Question 8

A principal mechanism for testing the government's proposed charge is:

Accepted Answer

A) bail determination. 
B) issuance of an arrest warrant. 
C) grand jury review. 
D) administrative review. 
A) bail determination. 
B) issuance of an arrest warrant. 
C) grand jury review. 
D) administrative review.

Question 9

The characteristics of a typical grand jury proceeding include:

Accepted Answer

A) secrecy. 
B) citizen participation in decision making. 
C) absence of defense counsel. 
D) all of the above. 
A) secrecy. 
B) citizen participation in decision making. 
C) absence of defense counsel. 
D) all of the above.

Question 10

If the state denies an accused bail, the federal courts:

Accepted Answer

A) may never review this decision. 
B) may make an independent determination of whether to grant bail. 
C) may apply the Federal Bail Reform Act to the defendant. 
D) may review only whether the state acted arbitrarily. 
A) may never review this decision. 
B) may make an independent determination of whether to grant bail. 
C) may apply the Federal Bail Reform Act to the defendant. 
D) may review only whether the state acted arbitrarily.

Question 11

Which of these problems with a grand jury is most likely to result in a successful motion to quash or overturn the indictment?

Accepted Answer

A) Insufficient evidence 
B) Discriminatory practices in grand jury selection 
C) Prosecutorial misconduct 
D) Variance between proof and allegations in the indictment 
A) Insufficient evidence 
B) Discriminatory practices in grand jury selection 
C) Prosecutorial misconduct 
D) Variance between proof and allegations in the indictment

Question 12

A motion to quash the indictment:

Accepted Answer

A) raises objections to the composition of the grand jury or the form of the indictment. 
B) asks the court to amend the indictment. 
C) corrects defects in the indictment. 
D) asks the court to review the correctness of the grand jury's decision. 
A) raises objections to the composition of the grand jury or the form of the indictment. 
B) asks the court to amend the indictment. 
C) corrects defects in the indictment. 
D) asks the court to review the correctness of the grand jury's decision.

Question 13

A bill of particulars:

Accepted Answer

A) is a necessary part of any charging process. 
B) provides more detail than is set out in the indictment. 
C) is a substitute for an indictment. 
D) may correct any defects in the indictment. 
A) is a necessary part of any charging process. 
B) provides more detail than is set out in the indictment. 
C) is a substitute for an indictment. 
D) may correct any defects in the indictment.

Question 14

A defendant may be denied pretrial release when:

Accepted Answer

A) the defendant is homeless. 
B) the defendant is charged with a felony. 
C) the defendant is unlikely to appear for trial, or pretrial release endangers the safety of others. 
D) the defendant has a record of prior convictions. 
A) the defendant is homeless. 
B) the defendant is charged with a felony. 
C) the defendant is unlikely to appear for trial, or pretrial release endangers the safety of others. 
D) the defendant has a record of prior convictions.

Question 15

Preliminary hearings:

Accepted Answer

A) determine whether there is sufficient evidence to proceed to trial. 
B) determine whether there is proof beyond a reasonable doubt. 
C) are required by the federal constitution. 
D) determine conditions of pretrial release. 
A) determine whether there is sufficient evidence to proceed to trial. 
B) determine whether there is proof beyond a reasonable doubt. 
C) are required by the federal constitution. 
D) determine conditions of pretrial release.

Question 16

"Perfecting the charge" includes:

Accepted Answer

A) naming the accused, describing the offense, and identifying the time and place when the crime was committed. 
B) summarizing the evidence of guilt. 
C) disproving all affirmative defenses. 
D) all of the above. 
A) naming the accused, describing the offense, and identifying the time and place when the crime was committed. 
B) summarizing the evidence of guilt. 
C) disproving all affirmative defenses. 
D) all of the above.

The principal similarity between preliminary hearings and grand jury review is:

"Duplicity" prohibits:

With respect to bail and pretrial detention:

The Constitution:

Which of the following occurs at the accused's first appearance before a judicial officer?

If a judge concludes at the preliminary hearing that the government has sufficient evidence of guilt, the judge will:

A grand jury may:

A principal mechanism for testing the government's proposed charge is:

The characteristics of a typical grand jury proceeding include:

If the state denies an accused bail, the federal courts:

Which of these problems with a grand jury is most likely to result in a successful motion to quash or overturn the indictment?

A motion to quash the indictment:

A bill of particulars:

A defendant may be denied pretrial release when:

Preliminary hearings:

"Perfecting the charge" includes:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters

Exam 13: Preliminary Stages of the Prosecution

The principal similarity between preliminary hearings and grand jury review is:

"Duplicity" prohibits:

With respect to bail and pretrial detention:

The Constitution:

Which of the following occurs at the accused's first appearance before a judicial officer?

If a judge concludes at the preliminary hearing that the government has sufficient evidence of guilt, the judge will:

A grand jury may:

A principal mechanism for testing the government's proposed charge is:

The characteristics of a typical grand jury proceeding include:

If the state denies an accused bail, the federal courts:

Which of these problems with a grand jury is most likely to result in a successful motion to quash or overturn the indictment?

A motion to quash the indictment:

A bill of particulars:

A defendant may be denied pretrial release when:

Preliminary hearings:

"Perfecting the charge" includes:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Pretrial Motions

Trial

Verdict, Punishment, and Judicial Review

Filters