Deck 9: Due Process: Arrest Through Sentencing

Question 1

What is the most important function of the court?

A) Determine guilt
B) Assign punishment
C) Avoid errors in identifying offenders
D) Work efficiently

Answer 1

C

Question 2

Which of the following circumstances does not require due process?

A) Prison officials decide to move a prisoner to a higher security facility
B) City officials decide to use the power of eminent domain
C) Officials want to quarantine a citizen because of an infectious disease
D) Criminal court defendant does not have the funds to hire counsel
E) All of the above require due process

Answer 2

A

Question 3

A police officer must have what level of proof before making an arrest?

A) Reasonable suspicion
B) Probable cause
C) Beyond a reasonable doubt
D) Does not need any proof, providing proof is the prosecutor's job

Answer 3

B

Question 4

The sole purpose of bail before the Federal Bail Reform Act of 1984 was:

A) To prevent dangerous inmates from returning to the community
B) To raise money to help pay for the defendant's public defender
C) To assure that the defendant appears at his or her court date
D) To further punish and deter inmates

Question 5

Double jeopardy "attaches" at what stage?

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

Question 6

Approximately what percentage of criminal defendants pleads guilty?

A) 50 percent
B) 75 percent
C) 90 percent
D) 99 percent

Question 7

Due process is a continuum where the less serious the deprivation, the less due process is required.

Question 8

Typically, the initial hearing must take place within 48 hours of arrest.

Question 9

The Eighth Amendment protects against "excessive bail". Therefore, each defendant is entitled to be released on bail is he or she wishes.

Question 10

Release on Recognizance programs which allow for bail without monetary collateral typically have a much higher rate of defendants who fail to appear at trail.