Question 1

Which of the statements below is correct regarding the preliminary hearing?

Accepted Answer

A)  Many states use a preliminary hearing in lieu of a grand jury. 
B)  The preliminary hearing is heard by the same judge who will conduct the trial in the case. 
C)  The judge at the preliminary hearing should dismiss the charges unless the government establishes the accused's guilt beyond a reasonable doubt. 
D)  The preliminary hearing is expressly mentioned in the Constitution.

Question 2

The ________ sets forth the name of the defendant, the date and place that the offense took place, and the nature of the offense.

Accepted Answer

The answer of The ________ sets forth the name of...

Question 3

The phrase "exoneration of bail" means:

Accepted Answer

A)  the bail is forfeited. 
B)  the property or money is returned to the surety. 
C)  bail has been increased. 
D)  the case has been dismissed and bail is no longer required.

Question 4

A defendant has a right to plead nolo contendere in all states.

Accepted Answer

A) True 
 B)False

Question 5

In the past, a few jurisdictions held that bail may be denied to an arrested person if his or her release on bail would cause a danger to the public. This policy is based upon an interpretation of the ________ Amendment.

Accepted Answer

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

Question 6

Many states hold that a public officer who willfully delays bringing a defendant before a magistrate for the arraignment is guilty of a:

Accepted Answer

A)  violation. 
B)  misdemeanor. 
C)  felony. 
D)  federal charge.

Question 7

Why and on what grounds may a judge deny bail?

Accepted Answer

The answer of Why and on what grounds may a...

Question 8

Today, judges in many states will release an accused on his or her own recognizance:

Accepted Answer

A)  only on misdemeanor charges. 
B)  on either felony or misdemeanor charges. 
C)  only if he or she posts bail. 
D)  All of the above are correct.

Question 9

Which of the statements below is or are correct regarding a complaint?

Accepted Answer

A)  It contains the charge(s) against the accused. 
B)  It is a comparatively simple document. 
C)  It is often referred to as an accusatory pleading. 
D)  All of the above statements are correct.

Question 10

Which of the statements below is correct concerning a grand jury?

Accepted Answer

A)  The accused has a right to be present when the grand jury is hearing evidence. 
B)  Persons serving on a grand jury must be at least 25 years old. 
C)  Grand juries were first used in France. 
D)  Grand juries may require an accused to answer any questions. 
E)  None of the above statements are correct.

Question 11

A few states have adopted the ________ rule of excluding a confession obtained during a delay in arraignment.

Accepted Answer

A)  McNabb 
B)  Johnson 
C)  Jackson 
D)  Toby

Question 12

A(n) ________ offense is one for which the death penalty may be inflicted.

Accepted Answer

The answer of A(n) ________ offense is one for which...

Question 13

Some believe that the term bail is from the Old French word meaning:

Accepted Answer

A)  "to deliver." 
B)  "to hold." 
C)  "to keep." 
D)  "to let free."

Question 14

Explain the nolo contendere plea.

Accepted Answer

The answer of Explain the nolo contendere plea....

Question 15

If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:

Accepted Answer

A)  orders the defendant to appear before a grand jury. 
B)  orders that the defendant be released from custody. 
C)  binds the defendant over for trial. 
D)  dismisses the charges.

Question 16

If a defendant does not plead "not guilty by reasons of insanity,"
he or she may be presumed to be sane at the time the crime was committed.

Accepted Answer

A) True 
 B)False

Question 17

When and why may a defendant withdraw a guilty plea?

Accepted Answer

The answer of When and why may a defendant withdraw...

Question 18

The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required.

Accepted Answer

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

Question 19

An information is another name for an indictment.

Accepted Answer

A) True 
 B)False

Question 20

Although there is no mention of the ________ in our Bill of Rights, it is a basic right of an arrested person to be taken before a magistrate without unnecessary delay.

Accepted Answer

The answer of Although there is no mention of the...

Exam 6: Initial Appearance and Arraignment

Which of the statements below is correct regarding the preliminary hearing?

The ________ sets forth the name of the defendant, the date and place that the offense took place, and the nature of the offense.

The phrase "exoneration of bail" means:

A defendant has a right to plead nolo contendere in all states.

In the past, a few jurisdictions held that bail may be denied to an arrested person if his or her release on bail would cause a danger to the public. This policy is based upon an interpretation of the ________ Amendment.

Many states hold that a public officer who willfully delays bringing a defendant before a magistrate for the arraignment is guilty of a:

Why and on what grounds may a judge deny bail?

Today, judges in many states will release an accused on his or her own recognizance:

Which of the statements below is or are correct regarding a complaint?

Which of the statements below is correct concerning a grand jury?

A few states have adopted the ________ rule of excluding a confession obtained during a delay in arraignment.

A(n) ________ offense is one for which the death penalty may be inflicted.

Some believe that the term bail is from the Old French word meaning:

Explain the nolo contendere plea.

If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:

If a defendant does not plead "not guilty by reasons of insanity," he or she may be presumed to be sane at the time the crime was committed.

When and why may a defendant withdraw a guilty plea?

The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required.

An information is another name for an indictment.

Although there is no mention of the ________ in our Bill of Rights, it is a basic right of an arrested person to be taken before a magistrate without unnecessary delay.