Deck 6: Arraignment and Discovery

Question 1

A defense attorney can plead his client guilty without his client's consent

Answer 1

False

Question 2

When a person fails to appear at court,the judge is allowed to enter a conviction against him.

Answer 2

False

Question 3

When a defense attorney wishes to exclude the defendant's statement to the police,he or she will often file a

A)Brady motion.
B)motion to dismiss.
C)motion to suppress.
D)motion to "reveal the deal."

Answer 3

C

Question 4

Paul Prosecutor has offered a recommended sentence of probation to Carl,the defendant,as part of a negotiated plea of guilty.When they present this plea bargain to the judge,the judge refuses to impose the negotiated sentence.What can Carl do at this point?

A)Carl has no choice; he must plead guilty.
B)Carl can sue to force the prosecutor to impose the sentence that was negotiated.
C)Carl can sue the judge to enforce the sentence that was negotiated.
D)Carl can withdraw his guilty plea and go to trial.

Question 5

Depositions are required in criminal cases.

Question 6

Most criminal cases end in the defendant's plea of guilty.

Question 7

When a person pleads "no lo contendere," he is pleading not guilty.

Question 8

In some states,changes in the criminal discovery rules compel the state to turn over witness statements,investigative reports,and police reports to the defense.

Question 9

When a prosecutor offers a lower sentence and fine to a defendant in exchange for a guilty plea,this is called

A)plea bargaining.
B)sentence enhancement.
C)mitigating factors.
D)Brady material.

Question 10

When the defense wishes to know additional information about the crimes alleged in the indictment,it can file a

A)bill of particulars.
B)motion to quash.
C)motion to suppress.
D)motion to compel discovery.

Question 11

When the judge reviews the state's materials to see that the state has complied with the defendant's discovery requests,this is called

A)an open file procedure.
B)a Giglio procedure.
C)in Camera review.
D)a Miranda review.

Question 12

All of the following are reasons that a defendant would plead guilty to a crime,except

A)that he or she might receive a harsher sentence after trial than if he or she pleads guilty before trial.
B)that the evidence against him or her is overwhelming.
C)that the state has threatened him or her.
D)that the defendant is worried that the jury will convict him or her.

Question 13

The purpose of the arraignment is to inform the defendant of the charges against him.

Question 14

Carl's attorney advises Carl to plead guilty because the evidence against him is overwhelming.However,Carl is stubborn.At trial,the defense attorney announces that although Carl does not wish to plead guilty,he will have to plead his client guilty over Carl's objections because going to trial will be much worse for Carl than it would be to plead guilty before the trial starts.What does the judge do?

A)Accept the plea of guilty under an Alford plea.
B)Accept the plea of guilty under the doctrine of no lo contendere.
C)Deny the plea because Carl did not consent to it.
D)Deny the plea because the defense attorney did not confer with the state.

Question 15

Carl wishes to plead guilty,even though he maintains that he is innocent.He realizes,however,that the evidence against him is overwhelming and that if he goes to trial,he will be found guilty.What can Carl do?

A)He cannot enter a plea under these circumstances.
B)He can plead guilty under the Alford case.
C)He cannot plead guilty because no judge would accept his reasons.
D)He can plead guilty under the Brady decision.

Question 16

The name for the hearing where the defendant is told about official charges against him or her,given a copy of the indictment or accusation,and provided with some discovery is

A)the initial appearance.
B)the arraignment.
C)the jury charge.
D)the sentencing hearing.

Question 17

In some states,the defendant's presence at court is secured through a bail bond.

Question 18

Through discovery,a defense attorney can get copies of the prosecutor's work product.

Question 19

When the state wishes to introduce evidence of the defendant's other crimes that have characteristics in common with the crime the defendant has committed in the present case,the prosecutor will file a

A)similar transactions motion.
B)motion to suppress.
C)motion to exculpate.
D)Brady motion.