Deck 13: Preliminary Stages of the Prosecution

Question 1

A grand jury may:

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.

Answer 1

D

Question 2

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

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

Answer 2

A

Question 3

The Constitution:

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.

Answer 3

B

Question 4

Preliminary hearings:

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 5

"Perfecting the charge" includes:

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.

Question 6

A bill of particulars:

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 7

A defendant may be denied pretrial release when:

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 8

With respect to bail and pretrial detention:

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.

Question 9

A motion to quash the indictment:

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 10

Which of these problems with a grand jury is most likely to result in a successful motion to quash or overturn 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 11

"Duplicity" prohibits:

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.

Question 12

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

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

Question 13

The characteristics of a typical grand jury proceeding include:

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

Question 14

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

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

Question 15

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

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

Question 16

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

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.