Deck 8: Pretrial Procedures and the Criminal Trial

Question 1

What type of trial is conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence?

A)Bench trial
B)Jury trial
C)Primary trial
D)Regular trial

Answer 1

A

Question 2

During the ____, the defendant appears before a judge or magistrate, who decides whether the evidence presented is sufficient for the case to proceed to trial.

A)Arraignment
B)Booking
C)Initial appearance
D)Preliminary hearing

Answer 2

D

Question 3

A defendant who "takes the fifth":

A)Refuses to testify on the grounds of self incrimination
B)Refuses to speak to police without an attorney present
C)Agrees to testify with the condition of immunity
D)Prejudices the jury in the prosecution's favor

Answer 3

A

Question 4

The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or witness is referred to as:

A)Juror questionnaire
B)Master jury list
C)Venire
D)Voir dire

Question 5

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

A)Discovery
B)Examination
C)Indictment
D)Information

Question 6

The ____ is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.

A)Discovery
B)Examination
C)Indictment
D)Information

Question 7

What is the most important factor in deciding whether to prosecute?

A)The prosecutor's belief in the defendant's guilt
B)The reliability of victims
C)Whether sufficient evidence exists to gain a conviction
D)Whether or not the victim is willing to cooperate

Question 8

At the ____, the defendant is informed of the charges and must respond by pleading guilty or not guilty.

A)Arraignment
B)Indictment
C)Initial appearance
D)Preliminary hearing

Question 9

What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury?

A)Challenge for cause
B)Peremptory challenge
C)Venire challenge
D)Voir dire challenge

Question 10

What is the burden of proof in a criminal trial?

A)Beyond a reasonable doubt
B)Probable cause
C)Preponderance of the evidence
D)Clear and convincing evidence

Question 11

About ____ of those adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi.

A)One-fourth
B)One-third
C)One-half
D)Three-fourths

Question 12

What is the formal investigation prior to trial in which the defense uses various methods to obtain information from the prosecution to prepare for trial?

A)Discovery
B)Examination
C)Indictment
D)Information

Question 13

Which Amendment states that no person "shall be compelled in any criminal case to be a witness against himself?"

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

Question 14

Plea bargaining usually takes place:

A)After the preliminary hearing
B)After the first appearance
C)After the arraignment
D)After the trial

Question 15

Excessive bail is prohibited under the ____ Amendment.

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

Question 16

Which term is Latin for "I will not contest it" and is used as a criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government?

A)Habeas corpus
B)Noll
C)Nolle prosequi
D)Nolo contendere

Question 17

Who is responsible for establishing probable cause in proving that a crime was committed and linking the defendant to that crime?

A)Defense attorney
B)Judge
C)Police
D)Prosecutor

Question 18

What is the first step toward determining the suspect's guilt or innocence after an arrest has been made?

A)Indictment
B)Information
C)Initial appearance
D)Preliminary hearing

Question 19

The ____ is made up of all the eligible jurors in a community.

A)Master jury list
B)Peremptory pool
C)Venire
D)Voir dire

Question 20

Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place are called:

A)Discovery
B)Nolle prosequi
C)Statutes of acquittal
D)Statutes of limitations

Question 21

A(n) ____ jury is one in which the jury members are so irreconcilably divided in their opinions that they cannot reach a verdict.

A)Decided
B)Hung
C)Sequestered
D)Unanimous

Question 22

What type of evidence may be excluded because it would tend to distract the jury from the main issues of the case, mislead the jury, or cause the jurors to decide the issue on an emotional basis?

A)Circumstantial
B)Prejudicial
C)Real
D)Relevant

Question 23

Which of the following is true regarding the concept of double jeopardy?

A)If a jury finds the accused not guilty, the prosecution has the right to appeal the verdict.
B)It guarantees that once exonerated, a defendant cannot be tried a second time for the same offense.
C)A defendant can be retried a maximum of three times for the same criminal offense before the prosecution must rest.
D)The protection against double jeopardy can be found in the Sixth Amendment of the U.S.Constitution.

Question 24

The ____ are made by each side's attorney after the cases for the plaintiff and defendant have been presented.

A)Charges
B)Closing arguments
C)Opening statements
D)Rebuttals

Question 25

A(n) ____ witness is one who can truthfully and accurately testify on a fact in question without having specialized training or knowledge.This witness is considered an ordinary witness.

A)Expert
B)Lay
C)Specialized
D)Technical

Question 26

A defendant can be tried again for the same crime in all of the following circumstances, EXCEPT:

A)When the defendant is being charged in criminal court and sued in a civil court
B)When the defendant is being tried in both federal court and state court
C)When the defendant is acquitted of the offense
D)When the defendant's first trial ended in a hung jury

Question 27

In what ways do defense attorneys most commonly defend their clients?

A)By exposing weaknesses in the prosecutor's case
B)Demonstrating an affirmative defense
C)Demonstrating an alibi defense
D)Presenting no defense and "resting" after the prosecution's case

Question 28

After the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during its initial presentation to the jury.This is called the ____ stage of the trial.

A)Cross-examination
B)Closing argument
C)Rebuttal
D)Surrebuttal

Question 29

Which of the following is NOT one of the possible affirmative defenses used in a defendant's case?

A)Duress
B)Entrapment
C)Hearsay
D)Insanity

Question 30

All of the following statements are true with regards to the defendant's case in a criminal trial EXCEPT:

A)The defense can "rest" without calling any witnesses or produce any real evidence
B)The defense can ask the jury to judge the merits of the case based on what it heard from prosecution
C)The defense is not required to offer any case at all
D)The defense is required to offer a case during the trial

Question 31

An oral or written statement made by an out-of-court declarant that is offered in court by a witness (not the declarant) concerning a matter before the court is referred to as:

A)Hearsay
B)Prejudicial evidence
C)Relevant evidence
D)Testimony

Question 32

What is the questioning of an opposing witness during trial called?

A)Cross examination
B)Direct examination
C)Hearsay examination
D)Testimony examination

Question 33

Evidence witnessed by the person giving the testimony is:

A)Real evidence
B)Circumstantial evidence
C)Hearsay
D)Direct evidence

Question 34

What is the formal decision rendered by the jury?

A)Indictment
B)Information
C)Verdict
D)Opinion

Question 35

Which amendment contains the "confrontation clause," or the right to cross-examine witnesses?

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

Question 36

Which type of defense used in a defendant's case includes the submission of evidence that the accused was not at or near the scene of the crime at the time the crime was committed?

A)Affirmative defense
B)Alibi defense
C)Hearsay defense
D)Prejudicial defense

Question 37

Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney?

A)Challenge for cause
B)Peremptory challenge
C)Venire challenge
D)Voir dire challenge

Question 38

During a special conference involving the judge and the trial attorney, the ____, or jury instructions, are prepared.This set of instructions sums up the case and instructs the jurors on the rules of law that apply to the issues in the case.

A)Charge
B)Closing argument
C)Opening statement
D)Rebuttal

Question 39

The examination of a witness by the attorney who calls the witness to the stand to testify is called:

A)Cross examination
B)Direct examination
C)Rebuttal examination
D)Surrebuttal examination

Question 40

What type of evidence tends to prove or disprove a fact in question?

A)Circumstantial
B)Prejudicial
C)Real
D)Relevant

Question 41

About 95% of criminal convictions in state courts are the result of plea bargaining.

Question 42

A(n) ____ is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment or decision.

A)Appeal
B)Deliberation
C)Disposition
D)Retrial

Question 43

Each attorney may exercise a limited number of peremptory challenges.

Question 44

Only a criminal defendant has the right to "take the fifth" during a criminal trial.

Question 45

Presenting an alibi is an example of an affirmative defense.

Question 46

In an Allen Charge, the judge declares the jury to be hung.

Question 47

To whom is the appeals process available?

A)Defense
B)Judge
C)Jury
D)Prosecutor

Question 48

The prohibition against double jeopardy is provided for in the:

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

Question 49

During the appeals process, the burden of proof rests with the prosecution.

Question 50

A blood-stained piece of clothing presented in court as an exhibit is an example of real evidence.

Question 51

The bar against double jeopardy does not preclude a victim from bringing a civil suit against the same person to recover damages.

Question 52

During the preliminary hearing, the judge decides if there is probable cause to hold the defendant over for trial.

Question 53

Protection against double jeopardy is contained within the Fifth Amendment.

Question 54

If the defendant waives her or his right to trial by jury, a bench trial takes place in which a judge decides questions of legality and fact, and no jury is involved.

Question 55

Circumstantial evidence is not admissible in court.

Question 56

About half of all the adult felony cases brought to prosecutors by the police are dismissed through a nolle prosequi.

Question 57

A judicial order that commands a correctional official to bring a prisoner before a federal court so that the court can hear the person's claim that he or she is being held illegally is:

A)Corpus delicti
B)Habeas corpus
C)Habeas delicti
D)Nolle prosequi

Question 58

Bail is provided for under the Sixth Amendment.

Question 59

The Sixth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself."

Question 60

Which of the following is not one of the decisions that can be made in a higher court in its disposition through the appeals process?

A)Guilty
B)Modify
C)Remand
D)Reverse

Question 61

Once it has reached a decision, the jury issues a ____________.

Question 62

A judicial order that commands a corrections official to bring a prisoner before the court is a writ of ________________.

Question 63

Identify and discuss the basic protections enjoyed by criminal defendants in the United States.

Question 64

Outline and provide a short description of each of the six steps leading to a trial.

Question 65

The retention of an accused person in custody before trial is called __________________.

Question 66

_____________ is Latin for "I will not contest it."

Question 67

Challenges to remove potential jurors from the pool which are based on the attorney's subjective reasoning are ____________.

Question 68

Identify and discuss the six steps of the appeals process in the criminal trial procedure.

Question 69

Explain what "taking the fifth" really means.

Question 70

Explore the phenomenon of case attrition.Use a description of the criminal justice funnel in your explanation.