Deck 9: Pretrial and Trial

Question 1

Who has the right to counsel?

A)A defendant facing two years of probation for committing a felony
B)A defendant facing a six-month jail sentence for a misdemeanor
C)A defendant facing a $1,000 fine
D)A convicted offender in prison facing a loss of his gain time

Answer 1

B

Question 2

How does being free on bail help an accused individual?

A)It allows the individual to stay out of jail.
B)It allows the individual to work more closely with his defense counsel by putting together evidence and witnesses.
C)It allows the individual to put his personal affairs in order before facing trial.
D)All of these answers are correct.

Answer 2

D

Question 3

The Sixth Amendment to the Constitution affords all of the following rights EXCEPT:

A)the right to counsel.
B)the right to confront and cross-examine witnesses.
C)the right to a speedy trial.
D)the right to be free from unreasonable searches and seizures.

Answer 3

D

Question 4

The criminal justice process:

A)is long and complicated.
B)has four subcomponents.
C)usually runs for a single day.
D)is swift,severe,and certain.

Question 5

Tommy is arrested on charges of attempted murder.He goes to his bail hearing in a small state court in Texas.At the bail hearing,the judge rules that Tommy's bail is $5 million.Tommy claims that this is a violation of his Eighth Amendment rights.The judge still denies his request for lesser bail.Why can the judge impose such a high bail for Tommy?

A)The Supreme Court has ruled that only bail in excess of $10 million is a constitutional violation.
B)The judge knows Tommy has $5 million,so he is allowed to impose that amount as his bail.
C)The privilege against excessive bail does not apply to state defendants and only applies to federal defendants.
D)The bail for charges of attempted murders is always $5 million.

Question 6

According to the U.S.Supreme Court,how many jurors are required to serve on a jury for a state felony criminal trial?

A)At least 12
B)At least 3
C)At least 6
D)At least 9

Question 7

The purpose of bail is to:

A)pay the victim for the harm that the defendant has caused.
B)pay a fine to the government.
C)make defendants contribute to the society.
D)ensure that defendants appear at trial.

Question 8

Which of the following statements is FALSE about the right to a speedy trial?

A)Crime victims also benefit from a speedy trial.
B)If the right to a speedy trial is violated all defendants will go free,except for murder suspects because their crime are serious crimes.
C)The right to a speedy trial ensures that defendants who cannot make bail do not sit in jail for years without ever facing trial.
D)A defendant can waive his right to a speedy trial in order to have more time to prepare his defense.

Question 9

Ninety-five percent of criminal cases are settled by:

A)plea bargaining.
B)grand jury indictments.
C)a verdict from the jury.
D)a verdict from the judge.

Question 10

When does a defendant NOT have the right to an attorney?

A)At her preliminary hearing
B)At her habeas corpus proceedings
C)During a police interrogation after she is charged with a crime
D)At her sentencing hearing

Question 11

How is there a disparity in granting bail?

A)Offenders without homes are denied bail because they do not own a home and will have to stay in jail prior to their trial.
B)Property offenders are more often denied bail than violent offenders.
C)Defendants who are poor will have to stay in jail prior to their trial.
D)Habitual offenders are never released on bail.

Question 12

Who has the right to a jury trial?

A)A plaintiff in a civil lawsuit who is asking for a $1 million settlement
B)A defendant in a misdemeanor criminal case who is facing nine months in jail
C)A defendant in a felony case who is facing a large fine
D)A defendant in a misdemeanor criminal case who is facing three months in jail

Question 13

What is an example of a police "showup"?

A)John showed up at the police department to report a crime.
B)John was sitting in the back of a police car,and the police were showing John to a witness.
C)John is one of the individuals in a photograph line-up identification.
D)John is on trial,and the prosecutor is asking the victim to identify the suspect in the case.

Question 14

In which of the following situations would an individual have Sixth Amendment protections?

A)A burglar who was caught going into a jewelry store and was arrested by police
B)A murderer who has formal charges filed against him by the state prosecutor and is released on bail
C)A drug dealer whom the police is investigating
D)A robber who was arrested by police and is being transported to the county jail

Question 15

Which Supreme Court case ruled that all felony defendants,state,or federal have a right to counsel at trial?

A)Gideon v.Wainwright
B)Plessy v.Ferguson
C)Mapp v.Ohio
D)Miranda v.Arizona

Question 16

Which of the following statements is true about waiving your right to a jury trial?

A)The defendant must be able to explain that he or she understands what it means to waive the right to a jury trial.
B)In federal cases,it is up to the defendant solely to waive his or her right to a jury trial and receive a bench trial.
C)The right to a jury trial is fully waivable.
D)State defendants can waive their right to a jury trial but federal defendants cannot.

Question 17

Which constitutional amendment states that excessive bail shall not be required?

A)Fourth
B)Fifth
C)Eighth
D)Fourteenth

Question 18

Sally called 9-1-1 to report that her husband Mark was just shot by Mary.Who would have to be a witness to testify about the phone call made to the police?

A)Sally
B)The responding police officer
C)The 9-1-1 operator
D)Mark

Question 19

All of the following are examples of hearsay evidence EXCEPT:

A)"My husband,who is a police officer,told me that he heard that Johnny was a drug dealer."
B)"Doug told me that he heard from Seth that Johnny killed his wife."
C)"I saw the defendant,Johnny,kill his wife."
D)"My husband told me that he heard the defendant say that he robbed the bank."

Question 20

Some defense attorneys request that the trial be moved to another location because the case may have too much publicity in the current jurisdiction.What is this request called?

A)Change of trial
B)Change of jurisdiction
C)Change of venue
D)Change of location

Question 21

According to a recent U.S.Supreme Court decision,who is allowed to testify via one-way closed-circuit television and not in an actual courtroom?

A)Witnesses who do not speak English and need translation
B)Police officers
C)Children abused by the accused
D)Lower-level drug dealers

Question 22

The entitlement to a grand jury is guaranteed under the ________ Amendment.

A)Fourteenth
B)Eighth
C)Fifth
D)Fourth

Question 23

Which of the following statement is true about preliminary hearings?

A)The prosecutor presents all of the evidence.
B)The judge presides over the hearings.
C)The grand jury presides over the hearings.
D)The defense presents all its evidence.

Question 24

All of the following are possible pleas entered EXCEPT:

A)no contest.
B)no action.
C)guilty.
D)not guilty.

Question 25

Why is a no contest plea beneficial to a defendant?

A)The defendant could be found guilty but would not receive a conviction.
B)The defendant could be found guilty but would not be sent to prison.
C)The defendant could be liable in a civil court but not in criminal court.
D)The defendant could be found guilty in a criminal court but can avoid civil liability for the acts of which he is accuseD.

Question 26

A criminal case typically begins with a(n):

A)arrest.
B)verdict.
C)subpoena.
D)injunction.

Question 27

Which of the following is an example of double jeopardy?

A)Michael kidnaps Sally in Florida and takes her to GeorgiA.Michael is tried in both Florida and the federal courts.
B)Michael kidnaps Sally in Florida and takes her to Georgia.Michael is tried in Florida and acquitted.The state prosecutor takes the case to trial again with new evidence from Georgia police.
C)Michael kidnaps Sally in Florida and takes her to Georgia.Michael is tried in both Florida and Georgia.
D)Michael kidnaps Sally in Florida and takes her to Georgia.Michael is tried criminally in Florida,and Sally files a federal civil lawsuit against Michael.

Question 28

Once prosecutors file a complaint,the individual arrested becomes a:

A)respondent.
B)plaintiff.
C)suspect.
D)defendant.

Question 29

Which of the following is NOT part of a grand jury hearing?

A)The prosecutor presents evidence against the defendant.
B)The jury decides if there is sufficient evidence to proceed with prosecution.
C)The defendant may invoke her right against self-incrimination.
D)The defendant can call her own witnesses to contest the evidence of the prosecution.

Question 30

What happens when a grand jury fails to find probable cause?

A)The prosecutor can bring another complaint against the defendant containing different charges.
B)The prosecutor can later bring the same charges with new evidence.
C)The case is dismissed.
D)All of these answers are correct.

Question 31

How are members of a grand jury usually selected?

A)From a list of volunteers
B)From voter lists
C)Recommendations of prosecutors
D)From a list of law school graduates

Question 32

Which of the following does NOT occur during a suspect's booking?

A)The suspect is interrogated.
B)The suspect provides personal information.
C)The suspect is photographed.
D)The suspect is fingerprinteD.

Question 33

A grand jury is composed of ________ members.

A)12 to 23
B)6 to 9
C)9 to 12
D)15 to 25

Question 34

If the grand jury finds that probable cause exists,it issues a(n):

A)arrest warrant.
B)search warrant.
C)indictment.
D)arraignment.

Question 35

A(n)________ is a hearing before a judge or magistrate during which the complaint is formally read.

A)preliminary hearing
B)arraignment
C)grand jury hearing
D)booking

Question 36

All defendants in ________ are entitled to a grand jury under the Fifth Amendment.

A)state civil lawsuits
B)federal felony cases
C)state felony cases
D)federal civil lawsuits

Question 37

The two major kinds of probable cause hearings are:

A)preliminary hearings and sentencing hearings.
B)arraignment hearings and preliminary hearings.
C)grand juries and preliminary hearings.
D)grand juries and arraignment hearings.

Question 38

Which of the following is true of grand jury hearings?

A)Defendants and witnesses are prohibited from invoking their Fifth Amendment right against self-incrimination during grand jury proceedings.
B)They determine whether the suspect is guilty.
C)They are closed to the press.
D)The prosecutor is not involved in a grand jury hearing.

Question 39

In many minor misdemeanor cases,defendants plead guilty and the judge may sentence them to:

A)time already served in jail.
B)probation.
C)times already served in jail,fines,and probation.
D)fines.

Question 40

A(n)________ is a defendant's formal denial or admission of guilt.

A)plea
B)no contest
C)arraignment
D)indictment

Question 41

What percentage of cases are handled through plea bargaining?

A)95%
B)50%
C)5%
D)79%

Question 42

________ due process is the concept that the processes and methods used to try people for crimes cannot be arbitrary or unfair.

A)Procedural
B)Substantive
C)Automatic
D)Total

Question 43

Which constitutional amendment applied the due process clause to the federal government?

A)Fifth
B)Fourteenth
C)Eighth
D)Fourth

Question 44

A preliminary hearing is held to:

A)allow the defendant to enter a pleA.
B)determine if there is a probable cause to take the defendant to trial.
C)determine the innocence of the defendant.
D)release the defendant on bail.

Question 45

A plea bargain must take place:

A)before the court swears in a jury.
B)before the testimony begins.
C)before the jury delivers a verdict.
D)before the attorneys announce they are ready for trial.

Question 46

Which of the following statements is FALSE about preliminary hearings?

A)They give the defense an opportunity to preview the strength of the prosecution's case.
B)They provide an opportunity for the defense to object to the inclusion of certain pieces of evidence.
C)They increase the number of unnecessary trials and thus the courts' caseload.
D)They help to avoid the prosecution of people against whom evidence is weak.

Question 47

Which of the following is the standard of proof required to win a civil lawsuit?

A)A clear and convincing evidence
B)A preponderance of the evidence
C)All of these
D)Beyond a reasonable doubt

Question 48

Which of the following statements is FALSE about the process of preparing for a criminal case?

A)The prosecutor is forbidden from intentionally hiding or destroying evidence that might clear the defendant of blame.
B)Each attorney may request that opposing counsel provide certain evidence.
C)Defense attorneys usually have the advantage because they have a bigger budget than prosecutors.
D)Both sides investigate and work to uncover evidence to support their cases.

Question 49

The ________ is a clause of the U.S.Constitution that represents the proposition that government laws and proceedings must be fair.

A)no contest clause
B)burden of proof clause
C)sequestered clause
D)due process clause

Question 50

________ due process means that the government cannot unfairly,or without just cause,deprive people of certain liberties.

A)Substantive
B)Total
C)Procedural
D)Automatic

Question 51

Police detectives believe that Anna is a drug dealer.They do not have evidence to prove this,but nonetheless they search her home.This is a violation of ________ due process.

A)procedural
B)total
C)automatic
D)substantive

Question 52

Evidence that might exculpate a defendant is evidence that could:

A)invalidate the trial.
B)aid the prosecution.
C)prove the defendant's guilt.
D)clear the defendant of blame.

Question 53

Who must ensure that a plea bargain is voluntary?

A)The judge
B)The prosecutor
C)The defense attorney
D)The jury

Question 54

Which of the following states banned plea bargaining in 1975?

A)Alaska
B)Texas
C)Georgia
D)Montana

Question 55

Sally is on trial for drug trafficking.She was never notified of the specific charges against her.This is a violation of ________ due process.

A)automatic
B)substantive
C)procedural
D)total

Question 56

If the judge in a preliminary hearing finds that probable cause exists,the prosecutor produces:

A)an arrest warrant.
B)an indictment.
C)a search warrant.
D)the information.

Question 57

Which constitutional amendments contain the due process clause?

A)Fourth and Fourteenth
B)Fifth and Fourteenth
C)Eighth and Fourteenth
D)Fifth and Eighth

Question 58

Which constitutional amendment applied the due process clause to the states?

A)Fourth
B)Eighth
C)Fifth
D)Fourteenth

Question 59

The process of both legal parties in a criminal case requesting opposing counsel's evidence or information is known as:

A)discovery.
B)exchange.
C)jurisdiction.
D)testimony.

Question 60

Why would a defendant plead guilty to a crime and not invoke his or her right to a criminal trial?

A)The defendant could receive a conviction for a misdemeanor and not a felony.
B)The defendant could receive a reduction of charges.
C)All of these are correct.
D)The defendant could receive a reduction in sentence.

Question 61

When the prosecution has not met the burden of proof,juries must find the defendant:

A)uncontested.
B)guilty.
C)punishable.
D)not guilty.

Question 62

John Jones is on trial for murder.Because his potential punishment is the death penalty,his case has to proceed in two separate phases.The second phase is the:

A)penalty phase.
B)guilt phase.
C)capital phase.
D)conviction phase.

Question 63

Larry's fingerprints were found on the murder weapon that was used in the murder of his wife,Jennifer.This is ________ evidence.

A)circumstantial
B)hearsay
C)real
D)direct

Question 64

John Jones is on trial for murder.Because his potential punishment is the death penalty,his case has to proceed in two separate phases.The first phase is the:

A)conviction phase.
B)capital phase.
C)guilt phase.
D)sentencing phase.

Question 65

Eyewitness testimony and videotape documentation are examples of ________ evidence.

A)real
B)circumstantial
C)direct
D)hearsay

Question 66

Critics of the criminal justice system believe that its procedures are often:

A)time-consuming.
B)complicated.
C)expensive.
D)time-consuming,complicated,and expensive.

Question 67

Who has the burden of proving every element of every crime?

A)Judges
B)Defense attorneys
C)Prosecutors
D)Juries

Question 68

John Jones is on trial for murder.The prosecutors have decided to charge him with a(n)________ crime,which means if convicted he would be eligible for the death penalty.

A)life
B)heinous
C)egregious
D)capital

Question 69

________ refers to a jury that is kept separate from outside contact during a trial.

A)Due process clause
B)Sequestered
C)Arraignment
D)Mistrial

Question 70

The standard of proof in a criminal case is:

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

Question 71

In a trial,State Attorney Daniels has given sufficient proof of all elements of the crime.The jury must find the defendant:

A)uncontested.
B)guilty.
C)innocent.
D)not guilty.

Question 72

Which of the following statements is true about the order of a criminal trial?

A)Both attorneys present their case-in-chief before any cross-examination.
B)The lawyers give their opening statements to a group of qualified juries that may be selected during jury selection.
C)Once the prosecution finishes the direct examination,the defense may choose to cross-examine the prosecution's witnesses.
D)The defense attorney will make the first opening statement.