Deck 8: Pretrial Procedures and the Criminal Trial

Question 1

What is the first step toward determining the suspect's guilt or innocence after an arrest has been made?

A) indictment
B) information
C) initial appearance
D) preliminary hearing

Answer 1

C

Question 2

All of the following are reasons that a defendant pleads not guilty EXCEPT:

A) gain a more favorable plea bargain.
B) challenge a crucial part of the evidence based on constitutional grounds.
C) he or she is unsatisfied with his or her public defender and demands a new lawyer.
D) submit one of the affirmative defenses available.

Answer 2

C

Question 3

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

A) discovery
B) examination
C) indictment
D) information

Answer 3

information

Question 4

At the____ , the defendant is informed of the charges and must respond by pleading guilty or not guilty.

A) arraignment
B) indictment
C) initial appearance
D) preliminary hearing

Question 5

Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place are called:

A) discovery.
B) nolle prosequi.
C) statutes of acquittal.
D) statutes of limitations.

Question 6

Which of the following is a true statement?

A) Defendants who plea bargain receive significantly lighter sentences on average than those who are found guilty at trial.
B) Defendants who plea bargain receive significantly harsher sentences on average than those who are found guilty at trial.
C) The plea of guilty is fairly common at the arraignment.
D) Plea bargaining accounts for the majority of criminal convictions in state courts.

Question 7

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

A) bench trial
B) jury trial
C) primary trial
D) regular trial

Question 8

What is the most important factor in deciding whether to prosecute?

A) the prosecutor's belief in the defendant's guilt
B) the reliability of victims
C) whether sufficient evidence exists to gain a conviction
D) whether or not the victim is willing to cooperate

Question 9

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.

A) arraignment
B) booking
C) initial appearance
D) preliminary hearing

Question 10

Excessive bail is prohibited under the ______Amendment.

A) Fourth
B) Fifth
C) Sixth
D) Eighth

Question 11

Andrew's attorney believes that it may be in Andrew's best interest to plead guilty to the charges against him. His attorney is concerned that the evidence against Andrew is overwhelming and a jury will most likely find him guilty if they go to trial. Andrew decides to plead guilty in exchange for a 15-year prison sentence. What form must Andrew complete that proves Andrew is pleading guilty voluntarily and with full comprehension of the consequences?

A) Alford form
B) Boykin form
C) Gideon form
D) Miranda form

Question 12

The judge decides to set Andrew's bail at $1.5 million. Andrew's family owns a home that is worth $1 million. They want to use this property to post Andrew's bail. What is the most likely result of this request?

A) The judge will approve the property bond because it is close to the bail amount.
B) The judge will approve the property bond because the value of the property must be at least half of the set bail.
C) The judge will not approve the bail because the property is not equal to the bail amount.
D) The judge will not approve the bail because the property is not valued at double the bail amount.

Question 13

Once the initial appearance has been completed and bail is set, the prosecutor must establish:

A) preponderance of the evidence.
B) evidence beyond a reasonable doubt.
C) reasonable suspicion.
D) probable cause.

Question 14

Case 8-1
Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody.
At which step leading up to the criminal trial will the judge make the decision to set bail or order Andrew to remain in jail awaiting his trial?

A) booking
B) initial appearance
C) indictment
D) arraignment

Question 15

Case 8-1
Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody.
A judge denying Andrew bail because he is fearful that Andrew will commit a crime if released before trial is known as:

A) preventive detention.
B) proactive detention.
C) reactive detention.
D) statutory detention.

Question 16

About _____of adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi.

A) one-fourth
B) one-third
C) one-half
D) three-fourths

Question 17

Which term is Latin for "I will not contest it" and is used as a criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government?

A) habeas corpus
B) noll
C) nolle prosequi
D) nolo contendere

Question 18

Once the judge set Andrew's bail at $1.5 million, Andrew's family contacts a bail bond agent. What percentage of the cash bail will the bail bond agent usually request in order to post a bail on Andrew's behalf?

A) 5%
B) 10%
C) 20%
D) 25%

Question 19

What is the formal investigation prior to trial in which the defense uses various methods to obtain information from the prosecution to prepare for trial?

A) discovery
B) examination
C) indictment
D) information

Question 20

If the grand jury finds that probable cause exists, it issues a(n):

A) discovery.
B) examination.
C) indictment.
D) information.

Question 21

After the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury. This is called the ______stage of the trial.

A) cross-examination
B) closing argument
C) rebuttal
D) surrebuttal

Question 22

Which of the following is NOT one of the possible affirmative defenses used in a defendant's case?

A) duress
B) entrapment
C) hearsay
D) insanity

Question 23

What is the formal decision rendered by the jury?

A) indictment
B) information
C) verdict
D) opinion

Question 24

A(n)______ witness is one who can truthfully and accurately testify on a fact in question without having specialized training or knowledge.

A) expert
B) lay
C) specialized
D) technical

Question 25

The_______are made by each side's attorney after the cases for the plaintiff and defendant have been presented.

A) charges
B) closing arguments
C) opening statements
D) rebuttals

Question 26

Evidence witnessed by the person giving the testimony is:

A) real evidence.
B) circumstantial evidence.
C) hearsay.
D) direct evidence.

Question 27

What type of evidence tends to prove or disprove a fact in question?

A) circumstantial
B) prejudicial
C) real
D) relevant

Question 28

The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NOT one of those types of information?

A) facts of data of which they have personal knowledge
B) opinions about the defendant based on their expert knowledge
C) material presented at the trial
D) secondhand information given to the expert outside the courtroom

Question 29

In the case of _______, the Supreme Court held that a defendant's decision not to testify during the trial cannot be held against him or her.

A) Adamson v. California
B) Batson v Kentucky
C) J.E.B. v. Alabama
D) Swain v. Alabama

Question 30

Which type of defense used in a defendant's case includes the submission of evidence showing that the accused was not at or near the scene of the crime at the time the crime was committed?

A) affirmative defense
B) alibi defense
C) hearsay defense
D) prejudicial defense

Question 31

Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney?

A) challenge for cause
B) peremptory challenge
C) venire challenge
D) voir dire challenge

Question 32

The examination of a witness by the attorney who calls the witness to the stand to testify is called:

A) cross-examination.
B) direct examination.
C) rebuttal examination.
D) surrebuttal examination.

Question 33

In _______, the Supreme Court held that jurors may not be excluded based on their race.

A) J.E.B. v. Alabama
B) Adamson v. California
C) Batson v. Kentucky
D) Swain v. Alabama

Question 34

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:

A) juror questionnaire.
B) master jury list.
C) venire.
D) voir dire.

Question 35

What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury?

A) challenge for cause
B) peremptory challenge
C) venire challenge
D) voir dire challenge

Question 36

Which Amendment states that no person "shall be compelled in any criminal case to be a witness against himself"?

A) Fourth
B) Fifth
C) Sixth
D) Eighth

Question 37

A(n) ____jury is one in which the jury members are so irreconcilably divided in their opinions that they cannot reach a verdict.

A) decided
B) hung
C) sequestered
D) unanimous

Question 38

Which of the following is true regarding the concept of double jeopardy?

A) If a jury finds the accused not guilty, the prosecution has the right to appeal the verdict.
B) It guarantees that once exonerated, a defendant cannot be tried a second time for the same offense in that particular jurisdiction.
C) A defendant can be retried a maximum of three times for the same criminal offense before the prosecution must rest.
D) The protection against double jeopardy can be found in the Sixth Amendment of the U.S. Constitution.

Question 39

What is the burden of proof in a criminal trial?

A) beyond a reasonable doubt
B) probable cause
C) preponderance of the evidence
D) clear and convincing evidence

Question 40

Which amendment contains the "confrontation clause," or the right to cross­examine witnesses?

A) Fourth
B) Fifth
C) Sixth
D) Eighth

Question 41

Prosecutors have unrestrained discretionary powers.

Question 42

To whom is the appeals process available?

A) defense
B) judge
C) jury
D) prosecutor

Question 43

Case 8-2
Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary.
Ruth's attorney advises Ruth that it is best if a jury hears the case. Ruth's attorney also advises that she does not testify at her trial because he is fearful that Ruth may implicate herself in the crime. Which amendment specifies that Ruth does not have to be a witness against herself at trial?

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Seventh Amendment

Question 44

A majority of criminal convictions in state courts are the result of plea bargaining.

Question 45

During jury selection, Ruth's attorney questions the potential jurors and realizes that Ruth's ex­boyfriend is one of the potential jurors. Ruth's attorneys believe that this is a sound, legally justifiable reason for why he is unfit to serve on the jury. What type of challenge would this be to exclude Ruth's ex­boyfriend from the jury?

A) challenge for cause
B) challenge for relationship
C) peremptory challenge
D) personal challenge

Question 46

A(n)______ is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

A) appeal
B) deliberation
C) disposition
D) retrial

Question 47

The prohibition against double jeopardy is provided for in the:

A) Fourth Amendment
B) Fifth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 48

Each jurisdiction has its own bail tariffs.

Question 49

An indictment is the formal charge against the accused issued by the prosecutor after a preliminary hearing.

Question 50

About half of all the adult felony cases brought to prosecutors by the police are dismissed through a nolle prosequi.

Question 51

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

Question 52

Bail is provided for under the Sixth Amendment.

Question 53

Case 8-2
Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary.
Ruth's attorney believes that it is very important to get a jury that is free from any biases that would affect their willingness to listen to the facts of the case impartially. During which proceeding would Ruth's attorney be able to question prospective jurors?

A) arraignment
B) grand jury
C) initial appearance
D) voir dire

Question 54

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

Question 55

The initial appearance resembles a mini trial.

Question 56

Case 8-2
Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary.
Ruth decides to take her chances and plead not guilty. She wants to go to trial. Ruth believes that it will be better for a judge to decide questions of legality and fact. This type of trial is known as a:

A) bench trial.
B) court trial.
C) judge trial.
D) jury trial.

Question 57

Which of the following is NOT one of the decisions that can be made in a higher court in its disposition through the appeals process?

A) guilty
B) modify
C) remand
D) reverse

Question 58

Case 8-2
Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for the charge of burglary.
The public defender advises Ruth that she can also take a plea where she will neither admit nor deny guilty. This is referred to as a plea of:

A) certiorari.
B) habeas corpus.
C) nolo contendere.
D) reasonable suspicion.

Question 59

All defendants have a guaranteed right to bail.

Question 60

A judicial order that commands a correctional official to bring a prisoner before a federal court so that the court can hear the person's claim that he or she is being held illegally is:

A) corpus delicti.
B) habeas corpus.
C) habeas delicti.
D) nolle prosequi.

Question 61

Presenting an alibi is an example of an affirmative defense.

Question 62

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

Question 63

Each attorney may exercise a limited number of peremptory challenges.

Question 64

Witnesses are not protected by the Fifth Amendment.

Question 65

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

Question 66

If the defendant waives her or his right to trial by jury, a bench trial takes place in which a judge decides questions of legality and fact, and no jury is involved.

Question 67

The Sixth Amendment specifies what the time limits are for a speedy trial.

Question 68

The formal investigation by each side prior to trial is the process of_____ .

Question 69

Protection against double jeopardy is contained within the Fifth Amendment.

Question 70

The Sixth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself."

Question 71

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

Question 72

Defendants have the right to effective representation during plea negotiations.

Question 73

The bar against double jeopardy does not preclude a victim from bringing a civil suit against the same person to recover damages.

Question 74

_____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.

Question 75

A blood-stained piece of clothing presented in court as an exhibit is an example of real evidence.

Question 76

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.

Question 77

Circumstantial evidence is not admissible in court.

Question 78

In an Allen Charge, the judge declares the jury to be hung.

Question 79

The plea of not guilty is fairly uncommon at an arraignment.

Question 80

The plea bargain allows the defendant a measure of control over his or her fate.