Deck 7: The Pre-Trial Process

Question 1

This is a bail-bond agent's promise to pay the full bail of a defendant who doesn't appear in court.

A) bail
B) bond
C) promise
D) charge

Answer 1

B

Question 2

Typically, bail-bond agents charge the accused _____ of the bond for guaranteeing that the accused will appear for future court hearings.

A) 15 percent
B) 50 percent
C) 10 percent
D) 25 percent

Answer 2

C

Question 3

Which is not an argument for the benefits of bail?

A) incentive for the accused
B) crowding
C) social costs
D) the suspect's comfort

Answer 3

D

Question 4

This is traditionally the monetary value of a person's life paid as compensation by the family of an accused murderer to the family of the deceased in order to prevent a blood feud.

A) offering
B) baille
C) bond
D) wergild

Question 5

The Supreme Court in this case ruled that the presumption of innocence would lose its meaning if bail was excessive.

A) Mallory v. United States
B) Stack v. Boyle
C) Weeks v. United States

Question 6

Which is not a factor judges are to consider when considering an individual case for bail?

A) victim statements
B) defendant demeanor
C) prior record
D) defendant's race

Question 7

Excessive bail was first prohibited by this document.

A) 1689 English Bill of Rights
B) first Statute of Westminster
C) Peace of Westphalia
D) Eighth Amendment

Question 8

What is an advantage that defendants who are released on bail have over those who remain incarcerated?

A) maintaining employment
B) presenting a better image in court
C) preparing a defense
D) all of the above

Question 9

This is the release of a defendant without bail based on the defendant's promise to return to court.

A) diversion
B) release-on-recognizance
C) unconditional release
D) alternative sentencing

Question 10

What is the removal of a case from the courts to another form of legal dispensation?

A) diversion
B) dismissal
C) release-on-recognizance
D) remand

Question 11

According to the text, who does diversion benefit?

A) defense attorneys
B) the accused
C) prosecutors
D) all of the above

Question 12

This is a negotiation between the defense and the prosecution, in which the defendant agrees to plead guilty or no contest to some offenses in return for reduction or dismissal of some charges or a reduced sentence.

A) plea bargain
B) agreement
C) motion
D) release-on-recognizance

Question 13

What controversial practice allows prosecutors increased leverage in plea bargaining and to coerce defendants into pleas?

A) undercharging
B) horizontal pleas
C) vertical pleas
D) overcharging

Question 14

This is an agreement with the prosecutor in which a defendant pleads guilty or no contest to a charge less serious than the one with which he or she was originally charged.

A) horizontal plea
B) vertical plea
C) reduced-sentence plea
D) avoidance-of-stigma plea

Question 15

This is an agreement with the prosecutor in which the prosecutor dismisses several charges in return for a guilty plea on one of them.

A) reduced-sentence plea
B) avoidance-of-stigma plea
C) horizontal plea

Question 16

This is a court proceeding to determine if a suspect charged with a felony should be tried based on probable cause that he or she committed the offense.

A) initial hearing
B) sentencing hearing
C) preliminary hearing
D) reasonable suspicion hearing

Question 17

This is a jury that sits on trials.

A) grand jury
B) minor jury
C) petit jury
D) all of the above

Question 18

Which is a difference between state and federal grand juries?

A) State grand juries do not hear testimony from police officers.
B) Federal grand juries investigate civil matters.
C) State grand juries are not bound by the Fifth Amendment grand jury requirement.
D) On federal grand juries, witnesses, suspects, and investigative targets may be accompanied into the grand jury room by their attorney.

Question 19

What does the prosecutor do before a grand jury?

A) make an opening statement
B) examine witnesses
C) introduce physical evidence
D) all of the above

Question 20

These are the definitions of what constitutes evidence and how it is introduced in court.

A) exclusionary rules
B) Brady rules
C) rules of law
D) rules of evidence

Question 21

In this case, the U.S. Supreme Court ruled that arraignments should take place "as quickly as possible" after arrest.

A) Stack v. Boyle
B) Weeks v. United States
C) Argersinger v. Hamlin
D) Mallory v. United States

Question 22

Which is not a plea that a defendant must enter at the arraignment?

A) guilty plea
B) Alford plea
C) nolo contendere
D) All are acceptable pleas.

Question 23

On which rights are most motions to suppress based?

A) Fourth Amendment rights
B) Fifth Amendment rights
C) Sixth Amendment rights
D) all of the above

Question 24

This is sufficient responsibility for criminal offenses to be at fault and liable for the conduct.

A) responsibility
B) liability
C) culpability
D) admissibility

Question 25

This occurs when a police officer searches premises without a warrant if given permission by a third party who he or she believes has the authority to allow the search

A) good-faith exception
B) Brady exception
C) exclusionary exception
D) Fourth Amendment exception

Question 26

This rule states that arrestees are entitled to a prompt hearing to determine if there is probable cause for the arrest.

A) Brady rule
B) McNabb-Mallory rule
C) exclusionary rule
D) all of the above

Question 27

By this standard, the prosecutor must establish any confession or admission of guilt as having been given voluntarily.

A) McNabb-Mallory standard
B) voluntariness standard
C) confessionary standard
D) good-faith standard

Question 28

This provides a layer of protection to suspects by dictating that all interrogation must cease once the defendant invokes the right to silence or the right to counsel.

A) McNabb-Mallory doctrine
B) Fifth Amendment doctrine
C) the Miranda doctrine
D) Monroe doctrine

Question 29

In this case, the Supreme Court further defined the nature of interrogation of a suspect, differentiating conversation amongst police officers from the express interrogation of a suspect.

A) Rhode Island v. Innis
B) Mallory v. United States
C) Stack v. Boyle
D) Weeks v. United States

Question 30

Which pretrial motion requests that the judge rule that some evidence cannot be introduced?

A) motion in limine
B) motion to suppress evidence
C) motion to quash subpoenas
D) motion for continuance

Question 31

The paper trail of an arrest includes a complaint by the arresting officer or the victim alleging that the offense has been committed by the accused. This complaint is the only documentation of an arrest accepted by the courts.

Question 32

The police and the prosecutor typically agree about who controls the charging decision.

Question 33

One major criticism of bail is that it favors low-income people.

Question 34

Bail-bonding agencies are not-for-profit business that are usually run by the state.

Question 35

According to the text, being unable to obtain bail puts impoverished people at a disadvantage in the criminal justice system.

Question 36

Release-on-recognizance requires that intake officers or court officials determine the trustworthiness of the accused.

Question 37

Most cases go to trial because the prosecutor and the defense attorney are usually unable to arrive at a compromise sentence.

Question 38

According to the text, without plea bargaining, courts would grind to a halt.

Question 39

Abolishing plea bargaining would eliminate discretion.

Question 40

The preliminary hearing is held at the appellate court level.