Deck 10: The Judicial Process

Question 1

After an offender is arrested and booked, the prosecutor influences the defendant's fate in all of the following ways except:

A) determining whether or not charges will be applied
B) permitting the defendant to return home
C) deciding whether or not the defendant is a candidate for bail
D) informing the defendant of his or her constitutional rights

Answer 1

D

Question 2

All of the following factors affect the charging decision except the

A) victim's impact statement.
B) seriousness of the crime.
C) quantity of evidence.
D) quality of evidence.

Answer 2

A

Question 3

All of the following are examples of nonmonetary pretrial release except:

A) the bail system
B) conditional release
C) pretrial release officer
D) a property bond

Answer 3

A

Question 4

Some states are replacing __________ with __________ in order to determine if there is probable cause.

A) judges, petit juries
B) petit juries, judges
C) preliminary hearings, the grand jury
D) the grand jury, preliminary hearings

Question 5

What is the purpose of a grand jury?

A) to determine a defendant's guilt or innocence
B) to determine whether or not a defendant was insane at the time the crime was committed
C) to determine whether there is probable cause that a crime has been committed and the accused should be held for trial
D) to determine if the defenses evidence is good enough for trial

Question 6

What is the standard for a speedy trial?

A) 48 hours
B) one week
C) two weeks
D) one month

Question 7

Which individual is most likely be discriminated against under the bail system?

A) a poor white male
B) a middle-class white female
C) a black, female physician
D) a wealthy male child

Question 8

The grand jury hears evidence only from the

A) defendant.
B) defense attorney
C) prosecutor
D) judge

Question 9

Which individual is typically not an actor in the pretrial process?

A) the prosecutor
B) the judge
C) the defense attorney
D) the trial consultant

Question 10

How does the Eighth Amendment pertain to bail?

A) It requires all states to allow for bail.
B) It grants the right to bail to all defendants.
C) It ensures that the bail amount is not excessive.
D) It protects defendants who can't pay their bail

Question 11

True bill is synonymous with

A) indictment.
B) grand jury.
C) evidence.
D) bench trial.

Question 12

Third-party custody is most often used with __________ defendants.

A) criminal
B) civil
C) repeat
D) juvenile

Question 13

The term district attorney is synonymous with the term

A) defense lawyer.
B) bench trial.
C) clerk.
D) prosecutor.

Question 14

Allowing jurors to ask questions and requiring unanimous decisions are two reforms recommended by the American Bar Association for the purpose of

A) increasing efficiency of the grand jury system.
B) abolishing the grand jury system.
C) promoting grand jury indictments.
D) tightening grand jury eligibility requirements.

Question 15

During the pretrial stage of the judicial process, an alleged offender is first labeled a(n) __________ and is then labeled as a(n) __________.

A) suspect, criminal
B) inmate, convict
C) person, object
D) citizen, defendant

Question 16

What happens to defendants who are unable to pay for their bail?

A) They are denied their right to a speedy trial.
B) They are placed in detention until their trial date.
C) They are assigned a court-appointed defense attorney.
D) They are given an opportunity for work release.

Question 17

Which procedure takes place during booking?

A) fingerprinting
B) reading of Miranda rights
C) plea bargaining
D) pretrial release

Question 18

When does the first formal point of contact between the state and the accused occur?

A) when the crime is committed
B) upon arrest of the alleged offender
C) at the arraignment
D) during the trial

Question 19

Which individual will not be called for grand jury?

A) Eric who lives in Mesa, Arizona
B) Bill who lives in Brooklyn, New York
C) Tatiana who lives in St. Paul, Minnesota
D) Armand who lives in Reading, Pennsylvania

Question 20

The U.S. court process is best described as

A) terminal.
B) corrupt.
C) adversarial.
D) adjudicative.

Question 21

What must occur in order for a juvenile to be bound over to an adult court?

A) institutionalization
B) a waiver
C) a property crime
D) plea bargaining

Question 22

In the case of Powell v. Alabama (1932), nine black youths in Scottsboro, Alabama, were arrested and charged with raping two young white women. What due process right were these defendants denied?

A) they were denied bail.
B) they were denied adequate counsel.
C) they were denied a public trial.
D) they were denied a speedy trial.

Question 23

Which Supreme Court case helped to define the media's role in criminal proceedings?

A) Estes v. Texas (1965)
B) Powell v. Alabama (1932)
C) Bartkus v. Illinois (1959)
D) Williams v. Florida (1968)

Question 24

In the juvenile court process, an initial appearance is similar to a(n)

A) indictment.
B) preliminary hearing.
C) peremptory challenge.
D) arraignment.

Question 25

In which situation would a trial not occur?

A) The defendant pleads guilty.
B) The defendant pleads not guilty.
C) The defendant pleads not guilty by reason of insanity.
D) The defendant pleads nolo contendre.

Question 26

In which situation would a prosecutor be most likely to negotiate a plea?

A) in a minor crime
B) in a death penalty case
C) when the case against the defendant is strong
D) when the defendant has a criminal history

Question 27

Pretrial motions can be either __________ or __________.

A) bench, jury
B) oral, written
C) true, false
D) guilty, not guilty

Question 28

What is the role of the judge in the plea bargaining process?

A) to facilitate plea negotiations
B) to ensure that the defendant was not coerced into the plea
C) to recommend more lenient forms of punishment
D) to make sure that the victim's wishes are given priority

Question 29

Raul is on trial for rape and is pleading the Fifth. What will Raul not be doing?

A) He will not be going to prison.
B) He will not be testifying against himself.
C) He will not be accepting a plea deal.
D) He will not be making bail.

Question 30

Stack v. Boyle is to __________ as United States v. Salerno (1987) is to __________.

A) preventive detention, safety of the community
B) crime prevention, preventive detention
C) excessive bail, safety of the community
D) trial jury, grand jury

Question 31

Which of the following is not present during an adjudication hearing?

A) the judge
B) the prosecutor
C) the jury
D) the defendant

Question 32

How is the Supreme Court's ruling in Bartkus v. Illinois (1959) significant to the concept of double jeopardy?

A) It decided that if a jury finds the accused not guilty, the prosecution can appeal to have the decision reversed.
B) It decided that a defendant can be acquitted of violating a federal criminal law and then be tried for violating state law.
C) It permitted juries of fewer than 12 persons.
D) It denied juveniles the constitutional right to a jury.

Question 33

Which of the following is a criticism of preventive detention?

A) It deprives defendants of their rights even though they haven't been proven guilty.
B) It puts the community at risk for future victimization.
C) It allows offenders freedom of choice.
D) It promotes poor decision making and immoral behavior.

Question 34

Which issue was central to the Bail Reform Act of 1984 that allowed judges to refuse bail?

A) nonmonetary pretrial release
B) least restrictive conditions for the accused
C) the safety of a the community
D) racial disparities in sentencing

Question 35

A nolo contendre plea means that the defendant is not

A) guilty of the crime.
B) going to prison.
C) admitting to committing the act.
D) responsible for committing the crime.

Question 36

What is the burden of proof required to convict a defendant on criminal charges?

A) preponderance of the evidence
B) beyond a reasonable doubt
C) clear and convincing evidence
D) excusable neglect

Question 37

In Williams v. Florida (1968), the Supreme Court decided that a __________ person jury is constitutional.

A) six-
B) nine-
C) twelve-
D) fifteen-

Question 38

The premise for the juvenile court system is to

A) treat a juvenile's underlying causes of his or her criminal behavior.
B) protect society from bad apples.
C) provide discipline when parents are unable to do so.
D) ensure that the punishment fits the crime.

Question 39

The accused's right to confront witnesses against him or her is intended to

A) ensure that a defendant is not put on trial twice for the same offense.
B) limit the protection of child abuse offenders.
C) provide availability of a jury trial for all defendants.
D) restrict the admissibility of hearsay evidence against the defendant.

Question 40

The list of potential jurors is called a(n)

A) voir dire.
B) nolo contendre.
C) jury panel.
D) stare decisis.

Question 41

The defense counsel has no obligation to advise the defendant about the plea negotiations.

Question 42

An appeals court can consider all of the following except:

A) procedural questions
B) a defendant's guilt or innocence
C) questions of law
D) prosecutorial misconduct

Question 43

Which type of nonmonetary pretrial release is most common with juvenile defendants?

A) preventive detention
B) parens patriae
C) third-party custody
D) bond

Question 44

The right to a free press is guaranteed by the

A) First Amendment.
B) Supreme Court.
C) Sixth Amendment.
D) U. S. District Court of Appeals.

Question 45

Ellen is a probation officer who has submitted a report to the judge that will be used in the sentencing decision of a defendant. Ellen's report includes background information about the defendant, Ellen's interviews with the defendant's family and friends, and details surrounding the offense. Ellen has probably compiled a(n)

A) psychosocial assessment.
B) discharge summary.
C) PSI.
D) PCL-R.

Question 46

The prosecution typically gives their closing arguments first, followed by the defense.

Question 47

Preventive detention denies bail to certain defendants who are considered to be potentially dangerous.

Question 48

The premise in all trials is that the defendant is innocent until proven guilty by the state.

Question 49

The Supreme Court has ruled that juries must be made up of 12 people.

Question 50

The Speedy Trial Act of 1974 applies only to cases in the federal system.

Question 51

A defendant's response to a criminal charge is called a plea.

Question 52

According to the U.S. Constitution, all citizens have the right to bail.

Question 53

A defendant cannot be put on trial twice for the same offense.

Question 54

Once an alleged offender is arrested, the prosecutor is required to charge that offender with a criminal offense.

Question 55

Polling the jury occurs only when a defendant is found not guilty.

Question 56

During jury selection, a jury candidate may be excused without any cause.

Question 57

All states use a grand jury in order to determine if the accused should be held for trial.

Question 58

In opening statements, the defense typically goes first.

Question 59

In an appeal, the burden of proof changes from __________ to __________.

A) the defense, the prosecutor
B) the prosecutor, the defense
C) preponderance of the evidence, beyond a reasonable doubt
D) beyond a reasonable doubt, preponderance of the evidence

Question 60

College student status prohibits one from serving on a jury.

Question 61

Briefly describe the role of the prosecutor, the defense attorney, and the judge in the trial process. Which player has the most passive role during the trial?

Question 62

Identify three rights that a defendant waives when entering a guilty plea.

Question 63

Most states require that members of a grand jury be at least __________ years old.

Question 64

In the __________ system, every person accused of a crime has the right to have his case heard in front of a grand jury.

Question 65

At the arraignment, the three options for a plea are guilty, not guilty, and __________.

Question 66

Steps that occur prior to the actual trial are called __________ stages.

Question 67

Some states have replaced the grand jury system with a(n) __________ hearing.

Question 68

Preventive detention denies bail to certain defendants who are considered to be potentially __________ to the community.

Question 69

Unlike the process in a trial, the grand jury process may involve evidence that may be __________ at trial.

Question 70

A(n) __________ is a formal, written accusation presented against a defendant.

Question 71

Motion to dismiss and motion to suppress evidence are examples of __________ motions.

Question 72

What was the Supreme Court's ruling in Stack v. Boyle (1951)?

Question 73

In the judicial process, the __________ oversees the action in the courtroom and ensures that the defendant is provided her due process rights.

Question 74

The law requires that a defendant must appear before a magistrate in a(n) __________ manner.

Question 75

In about __________ % of cases, the prosecution and defense are able to negotiate a plea.

Question 76

The Supreme Court addressed the issue of __________ bail in Stack v. Boyle (1951).

Question 77

__________ is the first stage of the trial process and occurs shortly after the indictment.

Question 78

Define venire, challenge for cause, and peremptory challenge. Which stage of the criminal justice process do these terms pertain to?

Question 79

After arrest, and before the charging decision, and offender is __________.

Question 80

Identify the four primary actors in the plea bargaining process. Compare the power differential between these actors.