Deck 2: The Criminal Justice Process

Question 1

A criminal case is initiated by the filing of a complaint by which of the following?

A) A police officer, prosecutor, or private citizen
B) A police officer or prosecutor only
C) A police officer or private citizen
D) None of the above are correct

Answer 1

A

Question 2

A complaint is a legal document that includes:

A) A list of the charges, the legal elements of a crime, supporting facts against the individual, and possible penalties
B) A list of the charges, the legal elements of a crime, and supporting facts against the individual but not possible penalties
C) Only a list of the charges and possible penalties
D) Only the list of charges

Answer 2

A

Question 3

Officer Smith wants to obtain an arrest warrant to arrest John Jones. Which of the following is not something Officer Smith will need to do in order to obtain the arrest warrant?

A) Establish probable cause
B) Identify the witnesses that support a finding of probable cause
C) Submit the proper paperwork to a judge
D) Swear an affidavit under oath

Answer 3

B

Question 4

David has been arrested and been advised that he is being taken before the judge for his first appearance. What events can David expect to occur?

A) He will be advised of the charges against him.
B) He will enter a plea to the charges.
C) He will be appointed an attorney if he cannot afford one.
D) Both a and c are correct.

Question 5

Which stage(s) of the criminal justice process occur before a preliminary hearing?

A) Booking
B) Arraignment
C) Grand jury
D) Preliminary hearing

Question 6

Probable Cause is established at:

A) Arrest
B) The preliminary hearing
C) Arraignment
D) Both a and b are correct.

Question 7

At his arraignment, when asked to enter a plea, Bob entered a plea that translates to "I do not want to contest the criminal charge." In legal jargon, this is a plea of:

A) Guilty
B) Guilty by reason of insanity
C) Nolo contendere
D) Not guilty

Question 8

If charged by the grand jury, the charging document is:

A) An information.
B) An indictment.
C) A true bill.
D) Both b and c are correct.

Question 9

The following is(are) true about a motion to suppress hearing:

A) The rules of evidence apply.
B) Both sides call witnesses and present evidence.
C) The defendant can testify.
D) All of the above are true.

Question 10

Which of the following apply to a motion in limine?

A) It is filed in the pretrial stages.
B) It is filed to request that the court exclude evidence from the trial.
C) It is filed to obtain permission to introduce an item of evidence into a trial.
D) All of the above

Question 11

When would a motion to suppress be filed?

A) At initial appearance
B) At any time after the initial appearance
C) After the preliminary hearing
D) During the preliminary hearing.

Question 12

Co-defendants are typically tried together. What legal action would be taken to ask the court to try each one separately?

A) Change of venue
B) Motion for severance
C) Motion for dismissal
D) Motion to suppress

Question 13

Which of the following statements represents evidence that is discoverable under the Federal Rules of Evidence?

A) Defendant's statements, defendant's criminal record, reports of medical exams
B) Defendant's statements, defendant's criminal record, victim's criminal record
C) Defendant's criminal record, names and addresses of witnesses, witness statements
D) Documents and tangible evidence, names and addresses of witnesses, defendant's statements

Question 14

Which of the following is not one of the basic guidelines for selection of the jury venire?

A) Selection should be random.
B) Exclusion from service should not be based on certain factors, including those of race, religion, or economic status
C) Whether or not the individual is a citizen should not be a factor.
D) Those called to serve on a jury should represent a cross section of the community.

Question 15

Bob's attorney wants to remove Prospective Juror 37 from the jury pool based on his belief that the juror cannot be fair to the defendant. What legal action can Bob's attorney take to remove this Juror?

A) Challenge for cause
B) Peremptory challenge
C) Habeas corpus
D) Motion to dismiss

Question 16

The intentional exclusion of jurors because of their race, ethnicity, gender, or religion is prohibited by:

A) The Due Process Clause of the Fourteenth Amendment
B) The Sixth Amendment right to a jury trial
C) The Equal Protection Clause of the Fourteenth Amendment
D) None of the above

Question 17

Mary's attorney challenged a juror for cause during jury selection at Mary's trial. Possible reasons for this challenge could include all except:

A) The juror challenged sat on the grand jury.
B) The juror knows the victim in the case.
C) The juror is female.
D) The juror is related to the defense attorney.

Question 18

Which of the following persons, based on the provided descriptions, would not be exempt from serving as a juror on a petit jury?

A) Bob is 17 years old.
B) Marty can only write in Italian.
C) Betty has served time in prison for drug possession.
D) Ann lives in the same county as the defendant.

Question 19

Voir dire:

A) Translates to "to speak the truth"
B) is the questioning of individuals to determine who will serve on a jury
C) Is the questioning of witnesses under oath during a trial
D) Only a and b are correct

Question 20

Which of the following is true about an opening statement?

A) Evidence is presented during an opening statement.
B) The defendant has the option of making an opening statement.
C) The prosecutor gives his or her opening statement before the defense attorney delivers his or hers.
D) The opening statement provides a roadmap of an attorney's case.

Question 21

A defense attorney may delay making his or her opening statement until after the prosecution has presented its case because:

A) It is required by the rules of court.
B) It allows the defense to tailor its argument to the prosecution's case.
C) It allows the defense to delay revealing its defenses to the charges.
D) Only b and c are correct.

Question 22

In what case did the U.S. Supreme Court uphold the constitutionality of plea bargaining?

A) Santobello v. New York
B) Brady v. United States
C) Both a and b
D) Neither a nor b

Question 23

In order for a court to accept a guilty plea, which of the following events must occur?

A) The judge must explain to the defendant the charges that he or she is pleading guilty to.
B) The judge must address the defendant in open court.
C) The judge must ensure that the defendant understands the consequences of the plea.
D) All of the above

Question 24

When a defendant enters a guilty plea to the charges against him, he waives his right to raise constitutional violations that were committed prior to the entry of the plea including:

A) Claims of a coerced confession
B) Claims of unlawful search and seizure
C) Violation of his right to a speedy trial
D) All of the above

Question 25

The doctrine used by courts to evaluate the impact of a prosecutor's remarks is called:

A) The verdict
B) The jury instructions
C) The invited response
D) The jury poll

Question 26

During a sentencing hearing the defendant:

A) Does not have to speak on his own behalf
B) Has the right to legal counsel
C) Has the opportunity to speak on his own behalf
D) All of the above

Question 27

The right of allocution is:

A) The right of the prosecutor to seek the death penalty
B) The right of the defendant to make a statement during his sentencing hearing
C) The right of the jury to recommend a sentence to the judge
D) The right of the judge to refuse to accept a defendant's plea

Question 28

Mike Johnson was sentenced to 4 years in prison after being found guilty of robbery. Under the Sentencing Reform Act, enacted in 1987, possible purposes of this sentence include all of the following except:

A) Retribution
B) Deterrence
C) Rehabilitation
D) Treatment

Question 29

A defendant asserts his constitutional right to an attorney. This would indicate that he was at which legal proceeding?

A) Sentencing hearing
B) An appeal as a matter of right
C) A discretionary appeal
D) Only a and b

Question 30

The _________ is a clear error under existing law that "affects substantial rights" and that "seriously affects the fairness, integrity, or public reputation of judicial proceedings."

A) plain error exception
B) harmless error exception
C) automatic reversal rule
D) retroactive judicial decision

Question 31

The ____________ is limited to what the Supreme Court has described as "structural defects" that are fundamental to a fair trial.

A) plain error exception
B) harmless error exception
C) automatic reversal rule
D) retroactive judicial decision

Question 32

If on appeal a defendant successfully establishes that the judge in his trial was biased, his or her appeal would be successful based on the:

A) Plain error exception
B) Harmless error standard
C) Automatic reversal rule
D) Retroactive judicial decision

Question 33

If the appellate court finds that an error occurred at the trial court level, but is not convinced that the error influenced the jury's guilty verdict, the court would declare the error:

A) a plain error
B) a harmless error
C) An automatic reversal
D) A retroactive judicial decision

Question 34

When is a collateral remedy available to a defendant?

A) Following exhaustion of his direct appeals
B) In some instances, following a failure to take advantage of direct appeals
C) Both a and b are correct.
D) Neither a nor b is correct.

Question 35

Which of the following is not true about a writ of habeas corpus?

A) It is an order issued by a judge.
B) It usually is directed to the warden of a correctional institution.
C) It is issued to examine why a person is being detained.
D) It is a judge-created right.

Question 36

In the developing law of habeas corpus, the Supreme Court has employed a balancing approach, trying to strike a balance between:

A) The defendant's constitutional rights and the rights of citizens to be free from criminal activity
B) The interest in the finality of judgments and the protection of the rights of the accused
C) The protection of the rights of the accused and the interest in respect to state judges
D) Both b and c are correct.

Question 37

Which of the following is not true about a writ of habeas corpus?

A) The First Judiciary Act authorized federal courts to grant writs of habeas corpus to federal prisoners.
B) The Habeas Corpus Act of 1867 extended federal habeas review to state inmates.
C) The Antiterrorism and Effective Death Penalty Act extended habeas review to individuals accused as enemy combatants.
D) All of the above are true.

Question 38

A defendant's right to cross-examine witnesses is extended to the defendant by:

A) The Fourth Amendment
B) The Fifth Amendment
C) The Sixth Amendment
D) The U.S. Supreme Court

Question 39

The right of each side to have warning of the evidence that the other side will present at trial is called:

A) Discovery
B) Information
C) Probable cause
D) Material

Question 40

A defendant in a state court has a right, under the U.S. Constitution, to have his or her case presented to a grand jury.

Question 41

Like all criminal proceedings, grand jury proceedings are open to the public.

Question 42

A motion to suppress and a motion in limine both result in evidence being excluded from trial.

Question 43

If a juror is challenged for cause, the challenging party must state the reason for the challenge.

Question 44

Contents of an opening statement are considered to be evidence.

Question 45

Defendants give up their right to a jury trial if they opt to enter a plea to the charges against them.

Question 46

The jury's role in the trial process typically includes recommending the sentence of the defendant.

Question 47

Habeas corpus is a criminal process in which the defendant asks the court for a writ on grounds that he or she is being unlawfully detained.

Question 48

The criminal proceeding often referred to as the prosecutor's "little darling" is the preliminary hearing.

Question 49

A motion to suppress should be filed prior to a preliminary hearing.

Question 50

In order for a plea to be accepted by a judge, the defendant must make an admission of guilt.

Question 51

The defendant will be asked to enter a plea at the preliminary hearing.

Question 52

At a preliminary hearing, the judge makes a finding of probable cause.

Question 53

Bail can be denied if the judge determines that a defendant might flee the jurisdiction of the court if released from custody and therefore be unavailable to answer to the charges brought against him or her.

Question 54

In states that do not use a grand jury, the charging document is an information filed by the prosecutor.

Question 55

It is unconstitutional to bar a person who cannot read, write, understand, or speak English from serving on a petit jury.

Question 56

In jury selection for a capital offense case, prospective jurors who state that they are unwilling to impose the death penalty can be excluded for cause.

Question 57

In the criminal trial process, the opening arguments provide a road map of the parties' cases.

Question 58

The process of asking each juror whether he or she agrees with the verdict is called jury polling.

Question 59

The final judgment rule provides that a defendant ordinarily may appeal only following a guilty verdict and sentencing.

Question 60

A criminal case is initiated by the filing of a __________ by a police officer, prosecutor, or private citizen

Question 61

What is the purpose of a preliminary hearing?

Question 62

Jody has been selected to serve on the criminal grand jury. Identify and briefly discuss the two functions of the grand jury.

Question 63

Explain why a motion to suppress wouldn't be filed until after the preliminary hearing.

Question 64

Explain the differences between plain error and harmless error and the impact a finding of each would have on the case outcome.

Question 65

Discuss what occurs at a grand jury proceeding and why is it referred to as the "prosecutor's little darling?"

Question 66

Identify and discuss the key arguments for and against plea bargaining. Which position do you find more favorable and why?

Question 67

Identify and discuss four constitutional violations that habeas corpus may be relied on to remedy.