Deck 10: Arrest to Arraignment

Question 1

What type of crime is found on the bottom layer of the criminal justice wedding cake?

A)celebrated cases
B)serious felonies
C)misdemeanors
D)lesser felonies

Answer 1

C

Question 2

Which Amendment states: "In all criminal prosecutions, the accused shall enjoy the right to be informed of the nature and cause of the accusation"?

A)4th Amendment
B)5th Amendment
C)6th Amendment
D)8th Amendment

Answer 2

C

Question 3

In some jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced at which stage?

A)arraignment
B)initial appearance
C)preliminary hearing
D)trial

Answer 3

B

Question 4

The return of a grand jury indictment is also referred to as

A)a true bill.
B)an information.
C)a complaint.
D)an injunction.

Question 5

The leading advocate for federal grand jury reform is

A)the American Bar Association.
B)the National Association of Criminal Defense Attorneys.
C)the National Center for State Courts.
D)the U.S.Supreme Court.

Question 6

The Uniform Crime Report's Type I offenses are also referred to as

A)index crimes
B)felony crimes
C)serious crimes
D)violent crimes

Question 7

Which of the following is not one of the four types of charging documents?

A)arrest warrant
B)Complaint
C)Indictment
D)writ of certiorari

Question 8

Which of the following is a major weakness of the Uniform Crime Reports?

A)The data are only available for some states.
B)It is based only on crimes reported to the police.
C)It provides information only for serious, violent offenses.
D)It only reports federal crimes.

Question 9

Which of the following is one of the three major reasons for case attrition?

A)jail overcrowding
B)overabundance of evidence
C)personal standards of justice
D)poorly written laws

Question 10

How many layers are there on the criminal justice wedding cake?

A)two
B)three
C)four
D)five

Question 11

Which jurisdictions use grand juries extensively?

A)jurisdictions where they are required by the constitution
B)conservative jurisdictions
C)jurisdictions with aggressive prosecutors
D)liberal jurisdictions

Question 12

Which of the following three reasons for case attrition directly involves the courtroom work group?

A)legal judgments
B)policy priorities
C)personal standards of justice
D)None of these involve the courtroom work group

Question 13

According to the FBI's Uniform Crime Reports, property crimes outnumber violent offenses by a ratio of

A)4 to 1.
B)8 to 1.
C)10 to 1.
D)20 to 1.

Question 14

What do bail agents provide?

A)a specialized form of insurance
B)case to the courts
C)loans to defendants
D)collateral to the courts

Question 15

Which of the following court members dominates the grand jury?

A)Judge
B)defense attorney
C)prosecutor
D)court clerk

Question 16

Which Amendment to the U.S.Constitution states: "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury"?

A)1st Amendment
B)4th Amendment
C)5th Amendment
D)6th Amendment

Question 17

The burden of proof required at a preliminary hearing is

A)preponderance of the evidence.
B)proof beyond a reasonable doubt.
C)reasonable suspicion.
D)probable cause.

Question 18

Which approach to criminal justice emphasizes that during the preliminary hearing the judge decides if there is probably cause to hold the defendant?

A)the law on the books approach
B)the law in action approach
C)neither approach
D)both approaches

Question 19

What must be supported by oath or affirmation of either the victim or the arresting officer? It is most commonly used in prosecuting misdemeanor offenses or city order violations.

A)complaint
B)subpoena
C)information
D)arrest warrant

Question 20

Findings from the National Crime Victimization Survey indicate that what percent of violent crimes are reported to the police?

A)about 30 percent
B)only half
C)about 70 percent
D)close to 90 percent

Question 21

Often, personal standards of justice are based on what kind of assessment on the part of the prosecutor that the case is not as serious as the legal charge suggests?

A)critical
B)obnoxious
C)organizational
D)subjective

Question 22

During what phase of the criminal justice process is the felony defendant formally accused of a crime and called upon to enter a plea?

A)initial appearance
B)preliminary hearing
C)arraignment
D)sentencing phase

Question 23

The two primary duties of the grand jury have been summarized in the phrase

A)"duck and run".
B)"cover and conceal".
C)"shield and sword".
D)"pen and sword".

Question 24

Which of the following is a power of the grand jury?

A)All of these are powers of the grand jury
B)To subpoena witnesses
C)To indict defendants
D)To grant witness immunity

Question 25

If a person is indicted, s/he is

A)convicted of a crime.
B)found guilty of contempt of court.
C)exonerated.
D)charged with a crime.

Question 26

The second layer of the criminal justice wedding cake consists of

A)a few celebrated cases.
B)serious felonies.
C)less serious felonies.
D)misdemeanors.

Question 27

What criminal justice actors is most likely to file a bill of information?

A)the judge
B)the prosecutor
C)the grand jury
D)the defense attorney

Question 28

Which of the following is an Index Crime?

A)embezzlement
B)simple assault
C)fraud
D)robbery

Question 29

Which of the following terms means that there is a "fair probability" that a felony was committed?

A)reasonable suspicion
B)mere suspicion
C)preponderance of the evidence
D)probable cause

Question 30

The hierarchy rule is related to which of the following documents?

A)the NCVS
B)the NIBRS
C)none of these documents
D)the UCR

Question 31

In most communities, the lower-court judges have adopted what kind of bail schedule?

A)A fixed bail schedule.
B)A sliding bail schedule.
C)A fee bail schedule.
D)A day fines bail schedule.

Question 32

Which of the methods of estimating crime in the United States is based on self-reports from household?

A)the UCR
B)the NIBRS
C)the SPSS
D)NCVS

Question 33

How many forms of bail are available to a defendant?

A)two.
B)three.
C)four.
D)five.

Question 34

During what part of the criminal court process does a defendant enter a plea?

A)arrest
B)plea agreement
C)bail
D)arraignment

Question 35

The top layer of the criminal justice wedding cake consists of

A)a few celebrated cases.
B)serious felonies.
C)less serious felonies.
D)misdemeanors.

Question 36

How do arrests by police impact the criminal court process?

A)failure to gather enough evidence may make it difficult for the prosecutor to gain a conviction
B)arrests by police do not impact the criminal court process
C)the increase in the number of arrest has swollen the court docket
D)arrests by police may make it difficult to gain a conviction and swell the court docket

Question 37

How many official measures of crime exist in the United States?

A)two.
B)three.
C)four.
D)five.

Question 38

Which of the following is true about celebrated cases?

A)they are atypical.
B)they are typical.
C)they are a good example of how the court operates.
D)all of these answers are true of celebrated cases.

Question 39

Holding suspects in jail without bail to protect community safety is known as…

A)administrative segregation
B)protective detention
C)public protection bail
D)prevention detention

Question 40

The Latin term for when a prosecutor dismisses charges is

A)non sequitor
B)writ of certiorari
C)corpus delicti
D)nolle prosequi

Question 41

During a preliminary hearing, the state must provide clear and convincing evidence of the defendant's guilt.

Question 42

Sometimes, the police exercise considerable influence by pressuring prosecutors to overcharge defendants or to file charges even though the evidence is weak.

Question 43

Grand juries decide the guilt or innocence for defendants charged with felony offenses.

Question 44

Which of the following is true regarding bail?

A)Trial-court judges have a great deal of discretion in fixing bail.
B)Statutory law provides few specifics about how much money should be required.
C)Appellate courts have spent little time deciding what criteria should be used.
D)All of these are true regarding bail.

Question 45

The standard of proof at a preliminary hearing is probable cause.

Question 46

The strength of the evidence police provide to prosecutors is one of the most important factors influencing whether prosecutors file criminal charges.

Question 47

Of the following, which is one of the official measures of crime in the United States?

A)the UCR.
B)the DEA.
C)the NCVS.
D)the NIBRDS.

Question 48

What amendment to the Constitution prohibits excessive bail?

A)the Eighth Amendment.
B)the Sixth Amendment.
C)the Fourth Amendment.
D)the Fifth Amendment.

Question 49

One of the major reasons for case attrition is policy priorities.

Question 50

Other than criminal prosecutions as a result of a grand jury investigation arrests are the overwhelming source of work for the criminal courts.

Question 51

Drug crimes are categorized as Type I offenses in the Uniform Crime Reports.

Question 52

If a prosecutor refuses to file charges in a case, there may be a review of this decision by the judge on appeal.

Question 53

Grand juries are used extensively in jurisdictions where the constitution requires a grand jury indictment for all felonies.

Question 54

Release on recognizance is one way to secure pretrial release.

Question 55

Most cases in the criminal justice system are celebrated cases.

Question 56

Grand juries have the power to grant witnesses immunity from prosecution.

Question 57

The second layer of the criminal justice wedding cake consists of less felonies.

Question 58

Most felony crimes are for nonviolent offenses.

Question 59

Which of the following are index crimes?

A)robbery.
B)embezzlement.
C)drug offenses.
D)forgery.

Question 60

Which of the following factors reflects a law in action approach to bail setting?

A)There is a serious risk that the person will flee.
B)The person may obstruct justice.
C)The offense is one of violence.
D)The jail is overcrowded.

Question 61

A(n) _____ is the charging document most commonly used for misdemeanor and ordinance violations.

Question 62

The Uniform Crime Report's Type I offenses are also referred to as _____ crimes.

Question 63

The Constitution does not specifically provide that all citizens have a right to _____.

Question 64

During a hearing before a grand jury, the prosecutor must disclose exculpatory evidence against the target of the grand jury investigation.

Question 65

A(n) _____ is defined as the physical taking into custody of a suspected law violator.

Question 66

Of all the members of the courtroom work group, through the charging decision, the _____ controls the doors to the courthouse.

Question 67

Once bail has been set, a defendant can gain pretrial release in _____ basic ways.

Question 68

Defendant's may be formally charged by a complaint signed by a witness.

Question 69

Use immunity provides more protection for the potential witness than transactional immunity.

Question 70

Pretrial release without monetary bail is release on _____.

Question 71

Arrests made by police affect the criminal court process.

Question 72

There are five layers to the criminal justice wedding cake.

Question 73

The bail agent makes a profit by specializing on high risk offenders.

Question 74

Law in action expresses a strong preference for bail.

Question 75

Discretion of judges in setting bail is often guided by _____ of flight.

Question 76

The strength of the _____ provided by police to prosecutors is one of the most important factors influencing whether charges are filed or not.

Question 77

The three major reasons for case attrition are: (1) legal judgments, (2) policy priorities, and (3) personal standards of justice.

Question 78

Many legal protections found elsewhere in the criminal court process are not applicable at the grand jury stage.

Question 79

In the United States there are _____ main methods of estimating the amount of crime.

Question 80

The UCR is based on crimes reported to police.