Deck 23: Courtroom Practices and Pretrial Procedures

Question 1

At which stage of criminal case processing is a defendant brought before a judge, informed of the charges against them, and possibly granted pretrial release?

A) Initial appearance
B) Arraignment
C) Sentencing
D) Grand jury hearing

Answer 1

A

Question 2

For petty offenses or infractions, magistrates may conduct a _______ trial and sentence guilty offenders at the initial appearance.

A) preliminary
B) summary
C) jury
D) extenuated

Answer 2

B

Question 3

As provided by the _______ Amendment, defendants have the right to be informed of the charges against them, which is done at the initial appearance.

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

Answer 3

C

Question 4

What type of warrant is issued by a judge requesting the arrest of an individual who violated a court order?

A) Bench
B) Judicial
C) Court
D) Jury

Question 5

Which of the following involves defendants using a bonding agency to post the bail?

A) Deposit bail
B) Pretrial bond
C) Surety bond
D) Unsecured bail

Question 6

Martha was arrested and taken into custody. At her initial appearance, the judge released her from custody on her promise to return for all of her future court hearings. What type of pretrial release did Martha receive?

A) Surety bond
B) Third-party custody
C) Conditional release
D) Release on recognizance

Question 7

The 1884 U.S. Supreme Court case Hurtado v. California declared that

A) convictions require proof beyond a reasonable doubt.
B) states did not have to provide a grand jury.
C) pretrial release was not guaranteed.
D) privately secured release was unconstitutional.

Question 8

Defendants who are taken into custody have a right to appear before a judge within 48 hours of their arrest.

Question 9

Most cases are dismissed at the preliminary hearing, simply because establishing probable cause is particularly difficult.

Question 10

Sometimes grand juries may be assembled prior to an arrest. For instance, a prosecutor who has evidence against a high-profile individual may assemble a grand jury to determine if the jurors believe there is enough evidence to support the arrest.

Question 11

Grand juries in all states must contain 12 members.

Question 12

Pretrial motions may be requested at any time following a not guilty plea and prior to the start of trial.

Question 13

Laws governing discovery are constantly changing, although the trend is toward restricting the right to discovery for both the defense and prosecution.

Question 14

A disadvantage of plea bargaining is that it undermines the integrity of our justice system.

Question 15

Identify and describe the various means by which defendants may receive pretrial release.

Question 16

Should we permit plea bargaining in our justice systems? What are the pros and cons of using it?