Deck 8: Pretrial and Trial Procedures

Question 1

The prosecution can request a directed verdict.

Answer 1

False

Question 2

Bail can be used to punish an accused and can be denied or revoked at the indulgence of the court.

Answer 2

False

Question 3

A nolo contendere (no contest) plea is essentially the same as a guilty plea.

Answer 3

True

Question 4

Diversion programs allow a defendant to enter treatment instead of trial.

Question 5

Voir dire is when the prosecution and defense question potential jurors to determine if they can sit on the jury.

Question 6

Defendants who are put in pretrial detention because they cannot afford bail typically receive longer sentences than defendants who are released on bail.

Question 7

Most states impose qualifications, such as a high school education, on those called for jury service.

Question 8

Inefficiencies in the court process that delay criminal cases present a serious constitutional issue.

Question 9

The Eighth Amendment guarantees a right to bail.

Question 10

In a criminal case, a preponderance of the evidence is sometimes enough to convict.

Question 11

One benefit of plea bargaining is that it forces dangerous offenders to spend more time in prison for longer sentences.

Question 12

The prior record of a defendant is an important factor considered by the court in the bail process.

Question 13

The Fifth Amendment guarantees you the right to a public trial.

Question 14

After a trial, the sentencing judge may reach the decision to have the defendant committed to a state hospital.

Question 15

The grand jury has the power to act as an independent investigative body.

Question 16

Most formal trials are heard by a jury, although some defendants can waive that right and request a bench trial.

Question 17

More than half of all violent criminals are released on bail before trial.

Question 18

The initial group of people chosen for jury duty is called the voir dire, or jury array.

Question 19

An information is the charging document filed by the prosecution that forms the basis of a preliminary hearing.

Question 20

Conditional bail occurs when the defendant pays a percentage of the bond, usually 10 percent, to a bonding agent who then posts the full bail.

Question 21

Some scholars contend that bail is problematic because it:

A) is a weak incentive for defendants to show up at court.
B) creates fear and coercion in the defendant.
C) is discriminatory to the poor.
D) is not guaranteed under the law.

Question 22

One form of plea bargaining may take place in a case where many counts are charged and the prosecutor reduces the number of counts.

Question 23

Any promise a prosecutor makes during a plea negotiation must be kept after the defendant admits guilt in open court.

Question 24

A defendant's options for a plea are guilty, not guilty, or nolo contendere .

Question 25

Which of the following is not a limit on plea bargaining imposed by the Supreme Court?

A) Pleas must be made voluntarily and without pressure.
B) A guilty plea cannot be accepted from a defendant who maintains their innocence.
C) Any promise made by the prosecutor must be kept after the defendant admits to guilt in open court.
D) Statements made during a plea bargain can be used if the defendant refuses to admit guilt in open court.

Question 26

Bail is typically granted in a felony hearing:

A) only when the suspect has absconded.
B) for nonviolent crimes.
C) only at the police station.
D) during court hearings.

Question 27

What type of bail system allows the defendant to be released with no immediate requirement of payment but leaves him or her liable for the full bail amount if he or she fails to appear in court?

A) Surety bail system
B) Deposit bail system
C) ROR system
D) Unsecured bond

Question 28

The ____ Amendment to the Constitution prohibits excessive bail.

A) Sixth
B) Eighth
C) Fourteenth
D) Sixteenth

Question 29

What did the court establish in Stack v. Boyle ?

A) Individuals charged with misdemeanors are entitled to an absolute right to bail.
B) Only the most heinous and violent crimes are unbailable.
C) All defendants are entitled to an absolute right to bail.
D) If a crime is bailable, the amount set should not be beyond a person's ability to pay.

Question 30

A(n) ____ is a charging document drawn up by a prosecutor in jurisdictions that do not use the grand jury system.

A) warrant
B) complaint
C) indictment
D) information

Question 31

The Manhattan Bail Project found that the court could make a reasonably accurate decision about whether the accused would return to court with what information?

A) Information such as nature of the offense, defendant's family ties, and employment record
B) Information about the nature of the crime itself
C) Information about the defendant's past record and availability of treatment in the area
D) Information about the defendant and their families

Question 32

What is another term for an indictment issued by a grand jury?

A) True bill
B) No bill
C) Nolo contendere
D) Nolle prosequi

Question 33

Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount?

A) Surety bail system
B) Deposit bail system
C) Release on recognizance (ROR) system
D) Privately secured bail system

Question 34

Which of the following statements is false regarding bail issues?

A) It is expensive because the government must pay to detain those offenders who are unable to make bail but who would otherwise remain in the community.
B) There is no racial or ethnic disparity in the bail process.
C) It is unfair because a higher proportion of detainees receive longer sentences than people released on bail.
D) It is dehumanizing because innocent people who cannot make bail suffer in the nation's deteriorated jail system.

Question 35

Which of the following is considered one of the cons of the plea-bargaining system?

A) It reduces the administrative efficiency of the courts.
B) It lowers the cost for the defense but not the prosecution.
C) It makes the prosecution spread their attention across a greater number of cases.
D) It raises the danger innocent persons will admit guilt.

Question 36

At the ________, the judge informs the defendant of the charges against him or her and appoints counsel if one has not yet been retained.

A) trial
B) arraignment
C) indictment
D) information

Question 37

Conditional bail is where the defendant:

A) pays a percentage of the bond to a bonding agent who posts full bail.
B) is released after promising to obey specified conditions in lieu of cash.
C) is released on own recognizance (ROR).
D) pays the full bail amount out of pocket.

Question 38

Critics suggest that bail is costly because the government must pay to detain poor offenders who would otherwise remain in the community.

Question 39

A grand jury hearing is open to the public.

Question 40

What procedure is used as an alternative to the grand jury?

A) The initial hearing
B) The arraignment
C) The preliminary hearing
D) The criminal trial

Question 41

The standard required to convict a defendant charged with a crime at the adjudicatory stage of the criminal process is:

A) proof beyond a reasonable doubt.
B) absolute certainty.
C) clear and convincing evidence.
D) preponderance of the evidence.

Question 42

Which is true of peremptory challenges during jury selection?

A) They are unlimited in number.
B) They require a stated reason for dismissal of a prospective juror.
C) They are constitutionally compelled to have a basis in "content" questions.
D) They can be used to excuse jurors for no particular reason.

Question 43

It is unlikely that plea bargaining will be eliminated in the future because it:

A) ensures even-handed justice in the system.
B) eases the pressure of congested caseloads.
C) encourages defendants to waive their rights.
D) results in sentencing disparity.

Question 44

The Batson v. Kentucky ruling holds that:

A) peremptory challenges based on race by the defense are unconstitutional.
B) prosecutorial peremptory challenges based on race are unconstitutional.
C) the use of "content" questions is unconstitutional.
D) peremptory challenges may not be limited to fewer than five by state statute.

Question 45

Which of the following is not a result of pretrial diversion programs?

A) The offender to makes restitution to the victim or pays back the community through volunteer services.
B) It increases costs to the criminal justice system.
C) There is a reduction in the prison population.
D) Offenders can continue their current employment

Question 46

The process of determining the appropriateness of jurors to sit on the jury is known as:

A) voir dire.
B) venire.
C) the jury array.
D) the process of rebuttal.

Question 47

Which of the following is false regarding diversion programs?

A) There is no court supervision of these programs.
B) Offenders are placed in diversion programs before their formal trial or conviction.
C) Pretrial diversion programs are intended to encourage community treatment participation by the offender.
D) Restitution may be part of a diversion program.

Question 48

Which of the following is false regarding opening statements?

A) The prosecutor offers the first opening statement.
B) Neither attorney is permitted to make prejudicial remarks.
C) Opening remarks are more effective in a bench trial than a jury trial.
D) The purpose of opening remarks is to identify what will be proved by way of evidence in the trial.

Question 49

Who chooses whether a trial will be before a judge or a jury?

A) Prosecutor
B) Defendant
C) Judge
D) Court administrator

Question 50

What state completely eliminated plea bargaining in 1975?

A) Alaska
B) Delaware
C) Iowa
D) Arizona

Question 51

The defendant's right to an impartial jury comes from where?

A) The Sixth Amendment
B) A 1975 Supreme Court ruling
C) The Eighth Amendment
D) Criminal justice tradition

Question 52

Which of the following explanations provides a justification for jury nullification?

A) The jury is not competent to reach a verdict.
B) The jury believes the defendant is innocent.
C) The jury cannot reach a unanimous agreement.
D) The jury believes the law is unjust.

Question 53

Which Supreme Court case determined a defendant has a constitutional right to a jury when facing a possible prison sentence of six months or more?

A) Washington v. Texas
B) Stack v. Boyle
C) Baldwin v. New York
D) Sheppard v. Maxwell

Question 54

In what case did the Supreme Court reverse a defendant's conviction due to a "carnival atmosphere" in the courtroom?

A) Sheppard v. Maxwell
B) Brinegar v. United States
C) Washington v. Texas
D) Tumey v. Ohio

Question 55

The _____ Amendment guarantees the defendant the right to a jury trial.

A) Second
B) Fourth
C) Sixth
D) Fourteenth

Question 56

The _____ Amendment contains the confrontation clause.

A) First
B) Fourth
C) Sixth
D) Fourteenth

Question 57

A 1975 Supreme Court decision gave defendants the right to act as their own attorney. What is the term for this?

A) Self-defense
B) Nolo contendere
C) Habeas corpus
D) Pro se

Question 58

Which is not a reason for the defendant to waive the preliminary hearing?

A) Defendant has already decided to plead guilty
B) Defendant wants to speed up the criminal justice process
C) Defendant hopes to avoid the negative publicity that might result from the hearing
D) Defendant believes the charges brought against them will be dismissed

Question 59

Which of the following is an advantage of diversion programs?

A) They allow the offender to postpone prison/jail time until diversion completion.
B) Rehabilitation services can be accessed while in the community.
C) The cost is higher, but so is the success rate.
D) Diversion allows the inmate out of their cell for longer lengths of time.

Question 60

The Constitution does not specifically state that a defendant has the right to an impartial judge. Which Supreme Court case ruled this was a right for all defendants?

A) Riggins v. Nevada
B) Brinegar v. United States
C) Tumey v. Ohio
D) Sheppard v. Maxwell

Question 61

Zack pled not guilty by reason of insanity to killing his parents and his brother. He was arrested after their deaths while walking down the street covered in dried blood and not wearing any clothes. He had always been an introvert, and people used to call him names and say that he was crazy. Over couple of years leading up to the murders, Zack had a lot of blackout-type situations where he found himself somewhere unfamiliar doing something strange and didn't remember the days before he got there. Zack has spent the better part of two years in a locked psychiatric facility awaiting trial. He feels ill from the medicine they make him take, he doesn't recognize the man that they say is his attorney, and now he cannot remember his full name. At this point what is Zack's most important legal issue at trial?

A) His forced treatment and medicine
B) Mental competency
C) Compulsory process
D) Adequate legal representation

Question 62

The concept of the grand jury was brought to the American colonies by early settlers and later incorporated into the ____________________ Amendment of the US Constitution.

Question 63

Sara, an 18-year-old college student, uses cocaine occasionally and was just arrested after buying $200 of it. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense. Sara's bail is surprisingly high for her offense. In fact, her lawyer calls it excessive. Sara's college was paid for by loans and scholarships. She doesn't have any money for bail; the money she used to buy the cocaine was all the money left in her checking account. She doesn't talk to her parents too often, and she wouldn't ask them for money anyway. Which of the following is likely the next step for her?

A) Police/pretrial jail citation release
B) Pretrial detention
C) Appeal to the Manhattan Bail Project
D) File in favor of bail reform

Question 64

Zack pled not guilty by reason of insanity to killing his parents and his brother. He was arrested after their deaths while walking down the street covered in dried blood and not wearing any clothes. He had always been an introvert, and people used to call him names and say that he was crazy. Over couple of years leading up to the murders, Zack had a lot of blackout-type situations where he found himself somewhere unfamiliar doing something strange and didn't remember the days before he got there. Zack then spent the better part of two years in a locked psychiatric facility awaiting trial. He feels ill from the medicine they make him take, he doesn't recognize the man that they say is his attorney, and he cannot remember his full name. Zack fires his attorney, or, at least he fires the man who they say is his attorney. An interpretation of which amendment grants him the right to defend himself pro se ?

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

Question 65

The ____________________ mandated that no defendant shall be kept in pretrial detention simply because they cannot afford money bail.

Question 66

With ________ bail, the defendant is released after promising to obey some specified rules in lieu of cash, such as attending a treatment program.

Question 67

_____________ help courts deal with the problem of determining which defendants can safely be released on bail pending trial..

Question 68

____________________ is a plea where the defendant does not accept or deny responsibility for the crimes charged but agrees to accept punishment.

Question 69

A(n) ____________________ is a charging document drawn up by a prosecutor and used as the basis for a preliminary hearing.

Question 70

Sara, an 18-year-old college student, uses cocaine occasionally and was just arrested after buying $200 of it. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense. Sara's bail is surprisingly high for her offense. In fact, her lawyer calls it excessive. What can Sara and her lawyer do to change the situation?

A) Ask for ROR.
B) File a motion for violation of the Eighth Amendment.
C) Request a police field citation release.
D) Enroll Sara in treatment to reduce bail.

Question 71

Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and enough to offer bonuses that will maintain and boost morale. Dwayne happens to have a girlfriend with whom he has become increasingly serious. He would like to buy her some jewelry, but his wife doesn't know about his infidelity and he doesn't want her to know. His wife actually knows about his girlfriend and has become addicted to pain pills in an attempt to forget about Dwayne's infidelity. When Dwayne borrows $15,000, he gets a visit from the Internal Affairs Board (IAB). Apparently, the IAB had already convened a grand jury to investigate him for using his city budget to take his girlfriend out to eat at expensive restaurants. What is next for Dwayne?

A) He will be arrested.
B) He will be charged.
C) He will be indicted by a grand jury.
D) He will have a presentment issued against him.

Question 72

Zack pled not guilty by reason of insanity to killing his parents and his brother. He was arrested after their deaths while walking down the street covered in dried blood and not wearing any clothes. He had always been an introvert, and people used to call him names and say that he was crazy. Over couple of years leading up to the murders, Zack had a lot of blackout-type situations where he found himself somewhere unfamiliar doing something strange and didn't remember the days before he got there. Zack then spent the better part of two years in a locked psychiatric facility awaiting trial. At Zack's trial, the prosecution opens their questions by calling on the cleaning lady who found the dead bodies. She tells the court that Zack has always been a demon child and there was always something wrong with him. The judge instructs the jury not to listen to the explanation of who Zack was and how he behaved because:

A) she is not an expert in cleaning up blood.
B) her testimony was not fact but her opinion.
C) her opinion boosts the prosecution's case.
D) the defense has already entered a directed verdict.

Question 73

Sara, an 18-year-old college student, uses cocaine occasionally and was just arrested after buying $200 of it. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense. But Sara's bail is surprisingly high for her offense. In fact, her lawyer calls it excessive. Sara's college was paid for by loans and scholarships. She doesn't have any money for bail; the money she used to buy the cocaine was all the money left in her checking account. She doesn't talk to her parents too often, but calls them, and they ultimately contribute to post direct bail. Unfortunately, Sara forgets about her court date due to a midterm exam she is studying for. What will happen to her?

A) A bounty hunter will come looking for her.
B) She will have to pay the full amount of her bail.
C) She can now ask for a new trial date.
D) She will voluntarily check in to rehab.

Question 74

Sara, an 18-year-old college student, uses cocaine occasionally and was just arrested after buying $200 of it. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense. Sara's bail is surprisingly high for her offense. In fact, her lawyer calls it excessive. Sara's college was paid for by loans and scholarships. She doesn't have any money for bail; the money she used to buy the cocaine was all the money left in her checking account. She doesn't talk to her parents too often, but finally calls them. They are troubled by her addiction and want her to go to rehab, so they give her some money. The amount is enough to cover about 10 percent of the bail fee. In order to get back to her classes and life, what is the best option for Sara?

A) Post direct bail
B) Post surety bail
C) Request a reduction in bail
D) Get an unsecured bond

Question 75

At the ____________________, defendants are informed of the formal charges and asked to enter a plea.

Question 76

Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and enough to offer bonuses that will maintain and boost morale. Dwayne happens to have a girlfriend with whom he has become increasingly serious. He would like to buy her some jewelry, but his wife doesn't know about his infidelity and he doesn't want her to know. His wife actually knows about his girlfriend and has become addicted to pain pills in an attempt to forget about Dwayne's infidelity. Dwayne's wife has been arrested and charged for attempting to buy pain pills from an undercover police officer. She knows she needs help and decides to plead guilty. At Dwayne's wife's arraignment, what will occur first?

A) She will voluntarily sign up for rehab.
B) She will get a lesser sentence for pleading guilty.
C) She will be informed of the charges against her.
D) She will receive a sentencing date.

Question 77

Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and enough to offer bonuses that will maintain and boost morale. Dwayne happens to have a girlfriend with whom he has become increasingly serious. He would like to buy her some jewelry, but his wife doesn't know about his infidelity and he doesn't want her to know. His wife actually knows about his girlfriend and has become addicted to pain pills in an attempt to forget about Dwayne's infidelity. Dwayne's wife has been arrested and charged for attempting to buy pain pills from an undercover police officer. She knows she needs help and decides to plead guilty. What can her defense attorney do at this point?

A) Waive the preliminary hearing.
B) Request a plea bargain at the police station.
C) Arrange to move the arraignment.
D) Have her claim she was under duress.

Question 78

A(n) ______ is passed by a grand jury when it votes not to indict an accused suspect.

Question 79

_____ bail is when the defendant pays a percentage of the bond to a bonding agent, who posts the full bail.

Question 80

Holding an offender in secure confinement before trial is referred to as _______.