Deck 12: Court Proceedings I: Before Trial

Question 1

What is the term used to describe a lawyers willing to represent their client at no charge?

A)Counsel pro bono
B)Appointed counsel
C)Indigent counsel
D)Retained counsel

Answer 1

A

Question 2

Which of the following is TRUE with regard to bail?

A)The Judiciary Act of 1789 provides that a person charged with a non-capital offense shall be permitted to bail.
B)The Eighth Amendment states that citizens have a Constitutional right to bail.
C)The Judiciary Act of 1789 and the Eighth Amendment provides that a person charged with any offense shall be permitted bail.
D)The Judiciary Act of 1789 did NOT provide that a person charged with a non-capital offense shall be permitted bail.

Answer 2

A

Question 3

What percentage of cases are dropped because of the exclusionary rule?

A)less than 2%
B)about 5%
C)about 10%
D)about 15%

Answer 3

A

Question 4

Nearly_________people are locked up in jail before they are convicted or released.

A)250,000
B)500,000
C)750,000
D)1 million

Question 5

In private Bail Bonds,the bond agency charges usually 10%.Which of the following is TRUE?

A)The defendant forfeits the 10% upon appearance,but forfeits the whole amount if they do not appear.
B)The defendant must pay the 90% balance prior to trial.
C)The defendant must pay the 90% balance upon sentencing.
D)The defendant's bail deposit is returned if they appear in court.

Question 6

During which of the following stages of the criminal process does an individual NOT have a right to counsel?

A)Custodial interrogation
B)Search following arrest
C)Pretrial hearings
D)Arraignment

Question 7

In the Supreme Court case County of Riverside v.McLaughlin,involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest,the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:

A)without unreasonable delay,under all the circumstances.
B)within 36 hours of arrest,ordinarily.
C)within 48 hours of arrest,ordinarily.
D)within 24 hours of arrest,ordinarily.

Question 8

In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel,courts interpreted that right to mean:

A)all defendants must receive counsel at government expense.
B)defendants have a right to counsel at trial provided they can afford one.
C)defendants do not have a right to counsel until the trial itself,but once trial begins all defendants must receive lawyers even if they cannot afford them.
D)only felony defendants are entitled to lawyers at government expense.

Question 9

Pro bono counsel is:

A)an attorney admitted to practice before the Supreme Court.
B)a lawyer who represents someone in court without a fee.
C)court appointed counsel for those who cannot hire their own attorney.
D)another term for retained counsel.

Question 10

A grand jury is composed of a group of which of the following individuals?

A)Defense attorneys
B)Private citizens
C)Trial judges
D)Police officers

Question 11

In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case on to trial:

A)the detention decision requires probable cause,while the trial decision requires reasonable suspicion.
B)the detention decision requires reasonable suspicion,while the trial decision requires probable cause.
C)both decisions require reasonable suspicion only.
D)both decisions require probable cause,but less probable cause is needed to justify the detention decision than is necessary to justify the trial decision.

Question 12

The term_________prosecution refers to prosecutorial discretion in determining which cases are actively pursued in light of resource availability and priority of case outcomes.

A)situational
B)indeterminate
C)selective
D)flexible

Question 13

Although practices vary among jurisdictions,ordinarily an indigent accused is appointed an attorney:

A)by the police at time of arrest.
B)by a magistrate at the first appearance.
C)by a judge at the preliminary hearing.
D)by a judge at trial.

Question 14

The right to counsel attaches:

A)when the government files formal charges against defendants.
B)as soon as police investigation focuses on a particular suspect.
C)only at the trial.
D)only after arraignment.

Question 15

If an individual is arrested and the prosecutor decides to charge them with a crime,they do so by:

A)notifying by memo the judge who,if the case goes to trial,will probably preside.
B)notifying by memo the lawyer representing the accused.
C)filing a complaint,information,or indictment with the court.
D)notifying the accused by letter.

Question 16

Which of the following is NOT considered to be a function of the first appearance?

A)Setting and/or restricting bail and its conditions
B)Negotiating plea bargains with the judge
C)Informing defendants of the charges against them
D)Appointing counsel for indigent defendants

Question 17

About 20% of defendants charged with petty offenses are released with a written promise to appear in court,which includes the charges and the court date,which the defendant signs,without admitting guilt.This is referred to as:

A)Waiver of Bail Release
B)R.O.R.(Released on Recognizance)
C)Conditional Ticket Release
D)Unsecured Bond Release

Question 18

In_________cases,prosecutors agree to drop the case before formal judicial proceedings begin,on the condition that suspects participate in and complete a program.

A)diversion
B)validated
C)discretion-laden
D)selective

Question 19

Diversion involves which of the following activities?

A)Diverting suspects into treatment programming as a measure to avoid trial and it may involve a conditional dropping of charges.
B)Assigning 24 hour oversight of offenders with a history of two or more offenses because of jail overcrowding.
C)Ensuring that parolees are able to divert funds into a savings account for paying fines.
D)Sending the convicted offender to jail by diverting him first to a work program.

Question 20

According to the Supreme Court opinion in Bell v.Wolfish,involving conditions in a pretrial detention center or jail:

A)due process entitles all persons not convicted of crimes a single cell.
B)strip searches violate the constitutional rights of persons not yet convicted of crimes.
C)double bunking amount to unconstitutional punishment.
D)prison administrators should be accorded wide ranging deference in the adoption of jail policies.

Question 21

You not only have the right to counsel,but also the right to_________counsel.

A)comparative
B)affordable
C)effective
D)reasonable

Question 22

The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof.

Question 23

According to the dual sovereignty doctrine:

A)it violates the double jeopardy clause to prosecute and punish a defendant for the same act in separate jurisdictions.
B)the federal government cannot prosecute a defendant for a similar state crime.
C)different jurisdictions can prosecute and punish a defendant for the same conduct.
D)state governments cannot charge defendants for the same felony.

Question 24

The prohibition against double jeopardy prohibits all of the below,except:

A)a second prosecution for the same offense after conviction.
B)multiple punishments for the same offense.
C)a second prosecution for the same offense after acquittal.
D)multiple punishments for multiple crimes stemming from the same act(s).

Question 25

If an arrested person does not receive a judicial determination of probable cause within 48 hours,the state bears the burden of proving that there has not been an unreasonable delay.

Question 26

Which case allowed the right to counsel for "indigents" for felonies?

A)Bell v Wolfish
B)Mapp v Ohio
C)Gideon v Wainwright
D)Terry v Ohio

Question 27

The process for allowing judges to deny bail to dangerous defendants is referred to as:

A)Selective enforcement
B)Selective incapacitation
C)Judicial prerogative
D)Preventive detention

Question 28

If a defendant's constitutional right to a speedy trial is violated he:

A)charges against the defendant are dismissed.
B)time the defendant spent in jail awaiting trial is deducted from his sentence.
C)court determines the point at which the trial should have commenced and deducts from the sentence the period of time between then and the date the trial actually started.
D)prosecution must go back to the grand jury stage and start all over.

Question 29

The test for allowing a defendant to be jailed prior to trial is based on:

A)Clear and convincing evidence that the defendant either won't appear or is a threat to public safety.
B)If the victim has received death threats.
C)If the offense is a misdemeanor.
D)Only prior criminal history.

Question 30

The principal mechanisms for testing the government's case against defendants prior to trial include:

A)first appearance and arrest warrants
B)arrest warrants
C)grand jury review and preliminary hearings
D)grand jury reviews and arrest warrants

Question 31

The prohibition against double jeopardy is found in the:

A)Sixth Amendment.
B)Fifth Amendment.
C)due process clauses.
D)Eighth Amendment.

Question 32

After grand jurors are sworn in,they are charged by the:

A)prosecutor.
B)judge.
C)clerk of court.
D)foreman.

Question 33

The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.

Question 34

The prohibition against double jeopardy attaches:

A)at arrest.
B)after indictment or being bound over following a preliminary hearing.
C)when the first witness testifies.
D)at different times for judge and jury trials.

Question 35

According to the Supreme Court,the Fourth Amendment requires that the police take suspects detained without arrest warrants promptly to a judge or magistrate for a determination of probable cause.

Question 36

In Strickland v.Washington,the Court created a two-prong test to evaluate which aspect of the criminal defendant's experience?

A)Effectiveness of counsel in criminal proceedings
B)Appropriate construction of a jury at voir dire
C)Likelihood of prejudice warranting a change of venue
D)Reasonableness of accommodations in pretrial detention

Question 37

Misdemeanor defendants commonly enter a plea at their first appearance.

Question 38

Which case addressed the issue of whether "pretrial" conditions before convictions constituted "punishment"?

A)Bell v Wolfish
B)U.S.v Leon
C)Terry v Ohio
D)Mapp v Ohio

Question 39

The speedy trial clause prohibits:

A)any delay in prosecution.
B)delays caused by the state.
C)delays due to trials of other defendants.
D)only undue delays.

Question 40

A factor that the court can consider in deciding a motion for change of venue include is:

A)trials at a distant location place a burden on the witnesses.
B)the courts in the community where the crime occurred are busy.
C)the prosecutor's office in the community where the crime occurred is short­staffed.
D)the police in the community where the crime occurred want the trial to remain in their jurisdiction.

Question 41

A crime arising out of the same facts in one state is not the same crime in another state,for purposes of double jeopardy,according to the_________doctrine.

Question 42

Preliminary hearings are adversary proceedings.

Question 43

Both the state and defense may move for changes of venue.

Question 44

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as
.

Question 45

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime
was located.

Question 46

A lawyer paid for by the client is called_________counsel.

Question 47

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to the charges is called the_________.

Question 48

It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.

Question 49

Most recent legal commentary supports the grand jury process.

Question 50

Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.

Question 51

Defendants may only plead nolo contendere with permission of the court.

Question 52

The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their
attorney's performance was not reasonably competent.

Question 53

The pretrial detention of dangerous suspects who pose a threat to community safety is called
.

Question 54

All dismissals because of speedy trial violations are with prejudice.

Question 55

Why and when do police officers have to take arrested suspects to a magistrate?

Question 56

A decision by a prosecutor not to charge a crime if the suspect performs community service instead is called
.

Question 57

A jury that cannot reach a verdict after lengthy deliberations is a/an_________jury.

Question 58

If a judge concludes at a preliminary hearing that the government has satisfied its evidentiary burden,the defendant is__________________for trial.

Question 59

Due process of law requires not just counsel,but effective counsel.

Question 60

The formal name for the place where a trial is held is the_________.

Question 61

Identify,define,and explain the two­prongs of the U.S.Supreme Court's test of "effective" counsel adopted in
Strickland v.Washington.

Question 62

Explain the difference between probable cause to detain a suspect and probable cause to go to trial.

Question 63

List and describe the differences between testing the government's case by grand jury review and by preliminary
hearing.

Question 64

Explain the constitutional right to bail.Identify three constitutional rights our bail system denies to poor defendants,and explain how each is denied.