Deck 2: Overview of the Criminal Justice Process

Question 1

The document that leads to the issuance of an arrest warrant is a:

A)citation.
B)summons.
C)certiorari.
D)complaint.

Answer 1

D

Question 2

Rebuttal evidence or arguments by a party are designed to:

A)support that party's evidence or arguments.
B)support the opposing party's evidence or arguments.
C)cast doubt on that party's evidence or witnesses.
D)cast doubt on the opposing party's evidence or witnesses.

Answer 2

D

Question 3

With regard to closing arguments in most states,the

A)defense goes first,then the prosecution.
B)prosecution goes first,then the defense.
C)defense goes first,then the prosecution,and then finally,the defense again.
D)prosecution goes first,then the defense,and then finally,the prosecution again.

Answer 3

D

Question 4

A plea of has the same effect as a plea of guilty,except that it cannot be used against the defendant in a subsequent civil action involving the same event.

A)nolo contendere
B)not guilty be reason of insanity
C)nolle prosequi
D)prior jeopardy

Question 5

A grand jury hearing:

A)is required in all states by the U.S.Constitution.
B)is required in all federal misdemeanor cases.
C)may result in an indictment if probable cause is shown.
D)may result in an information if reasonable suspicion is shown.

Question 6

The procedure by which law enforcement officials record facts about the arrest together with information concerning the identification of the suspect and other pertinent facts is called:

A)arraignment.
B)booking.
C)sequestration.
D)preliminary hearing.

Question 7

A preliminary hearing is usually held for what three main purposes?

A)Determination of probable cause,discovery,decision on "binding over."
B)Determination of probable cause,discovery,presentation of evidence."
C)Determination of guilt,discovery,decision on "binding over."
D)Determination of mental capacity,discovery,decision on "binding over."

Question 8

In the great majority of cases,the criminal justice process is triggered against a suspect by:

A)indictment.
B)information.
C)capias.
D)arrest without a warrant.

Question 9

Most arrests in the U.S.are made .

A)without a warrant
B)without a capias
C)with a warrant
D)with a capias

Question 10

Twenty-three of the fifty states use as the sole source of names for jury duty.

A)the voter registration list
B)telephone directories
C)city directories
D)census results

Question 11

A citation issued by a court is a/an:

A)order commanding a person to appear in court at a specific date and answer certain charges.
B)writ directed to a peace officer requiring them to notify the person about pending charges.
C)process issued by the judge from the bench ordering that a person be taken into custody.
D)document similar to an arrest warrant.

Question 12

The person who decides and imposes sentences in most states is:

A)the judge or jury at the prosecutor's option.
B)a sentencing commission.
C)the judge.
D)the jury.

Question 13

Typically,the first thing that will happen after arrest is:

A)preliminary hearing.
B)booking.
C)arraignment.
D)indictment.

Question 14

A occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor.

A)plea of no contest
B)nolle prosequi
C)change of venue
D)plea bargain

Question 15

The law of criminal procedure is similar in all jurisdictions because of:

A)common law rules.
B)U.S.Supreme Court decisions.
C)state constitutions.
D)administrative regulations.

Question 16

Shortly after arrest,the person will be brought before a magistrate or judge to be given warnings and have bail set.This proceeding is called the:

A)indictment,complaint,or information.
B)initial appearance,presentment,or arraignment on the warrant.
C)preventive detention,preliminary hearing,or examining trial.
D)binding over,commitment or discharge hearing.

Question 17

A question that suggests to the witness the desired answer is known as a:

A)cross-examination question.
B)peremptory question.
C)leading question.
D)question for cause.

Question 18

A summons is a writ directed to a peace officer or other person commanding them to:

A)take the person into custody.
B)seize the person's property because the property is evidence of a crime.
C)issue a citation to the person.
D)notify the person that they must appear in court to answer charges.

Question 19

The formal court proceeding in felony cases where the defendant is officially notified of the charges and asked to enter a plea is called a/an:

A)preliminary hearing.
B)arraignment.
C)bail hearing.
D)examining trial.

Question 20

Defendants are entitled to a lawyer at plea bargaining under the Amendment.

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

Question 21

Which of the following is NOT included in jury instructions?

A)The elements of the particular offense
B)The requirement that each element be proved beyond a reasonable doubt
C)The requirement that the defendant's guilt be proved beyond a reasonable doubt
D)The requirement that a jury must reach a guilty or innocent verdict.

Question 22

Which of the following cases is concerned with plea bargaining?

A)United States v.Ruiz (2002)
B)Santobello v.New York (1971)
C)Neither of these cases is concerned with plea bargaining.
D)Both of these cases are concerned with plea bargaining.

Question 23

The panel of potential jurors is reduced to the required number for a trial by the use of:

A)additions and substitution.
B)cause and peremptory challenges.
C)venire and panel challenges.
D)inclusion and exclusion challenges.

Question 24

Evidence which tends to establish innocence is known as:

A)incriminatory evidence.
B)discriminatory evidence.
C)exculpatory evidence.
D)None of the answers are correct.

Question 25

Which of the following is not a possible jury verdict?

A)Guilty
B)Hung jury
C)Guilty but mentally ill
D)Not guilty because insane

Question 26

The dismissal of a juror based on reasons specified by the law is known as:

A)peremptory challenge.
B)reasonable challenge.
C)challenge for reason.
D)challenge for cause.

Question 27

A trial that is declared invalid before it is completed is known as a:

A)mistrial.
B)hung trial.
C)hung jury.
D)either a mistrial or hung trial.

Question 28

The writ by which convicts challenge their convictions after exhausting all their appeals is:

A)mandamus.
B)habeas corpus.
C)quo warranto.
D)execution.

Question 29

A venire is a/an:

A)assembled group of perspective jurors.
B)group of empanelled jurors.
C)procedure by which potential jurors are questioned.
D)group of twelve persons selected to hear a case.

Question 30

Most of the criminal procedure law in the U.S.Constitution is found in:

A)the common law.
B)Article III.
C)the Bill of Rights.
D)Article VI.

Question 31

The written accusation prepared by a prosecutor is called a/an:

A)capias.
B)indictment.
C)bill of attainder.
D)information.

Question 32

The first examination of a witness is:

A)cross-examination.
B)direct examination.
C)re-cross examination.
D)re-direct examination.

Question 33

Which of the following is NOT true regarding a motion for a mistrial?

A)It is only filed by the defense.
B)It usually alleges violations of the defendant's rights before or during the trial.
C)It is usually filed during the trial.
D)It is filed before defendant starts serving the sentence.

Question 34

The number of arrests made without a warrant is:

A)100 percent.
B)greater than 90 percent.
C)less than 90 percent.
D)50 percent.

Question 35

Of the three general pleas in modern criminal justice practice,which plea specifically protects a defendant in a civil trial?

A)Innocent
B)Guilty
C)Not guilty
D)Nolo contendere

Question 36

Preliminary hearings are usually held for three main purposes.Which of the following is NOT one of those purposes?

A)Determination of probable cause
B)The discovery process regarding the prosecutions' evidence
C)Determination of bail
D)Decision on "binding over"

Question 37

In most criminal cases,the parties-especially defense counsel-will ask the court that certain instructions be used.Which of the following options are available to the court with regard to these instructions?

A)Refuse to give the instructions
B)Modify the instructions
C)Give the instructions
D)All of the answers are correct.

Question 38

A group of prospective jurors in known as a/an:

A)voir dire.
B)venire.
C)complaint.
D)flock.

Question 39

Criminal procedure is basically similar from one jurisdiction to another,because it is mostly a product of

A)decisions of the U.S.Supreme Court.
B)statutes adopted by the U.S.Congress.
C)administrative rules of the federal court system.
D)state constitutions are so similar.

Question 40

A complaint is a charge made before a proper law enforcement or judicial officer alleging:

A)the defendant is guilty.
B)the defendant is innocent.
C)a false accusation has occurred.
D)a crime has been committed.

Question 41

In most states,a person who has been arrested,with or without a warrant,is required by law to be brought before a magistrate without delay.

Question 42

What are the three time frames or stages of criminal procedure in this case?

A)Before trial,during trial,after trial
B)Before arrest,booking,interrogation
C)Before booking,during booking,arraignment
D)Jury selection,presentation of evidence,sentencing

Question 43

Denying bail or pretrial release to a defendant because they are dangerous is called detention.

Question 44

If the magistrate does not find probable cause at the preliminary hearing/examining trial,the judge will order the
____________ of the defendant.

Question 45

If state law in the neighboring state requires that the interrogation be videotaped,what impact does that law have on this interrogation?

A)Requires the interrogation be videotaped
B)Requires any confession be in writing
C)Has no impact
D)Totally controls this interrogation

Question 46

Once the judge sentences her,Sheila appeals.She loses her direct appeals.What process may Sheila use to challenge the legality of her confinement?

A)Habeas corpus
B)Quo warranto
C)Writ of prohibition
D)Injunction

Question 47

The process in which prospective jurors are questioned by the judge and/or lawyers to determine whether or not there are grounds for challenge is called .

Question 48

The warnings do not have to be given by the officer after an arrest unless the arrested person is
interrogated and in custody.

Question 49

In addition to the Bill of Rights,there are other sources of rights for the defendant,including state constitutions and federal and state _.

Question 50

What changes to the Miranda requirements can the state constitution make?

A)Not require the Miranda warning
B)Allow the police to deny Henry access to his attorney
C)Require that any oral confession also be in writing
D)None of the answers are correct.

Question 51

The prosecution in a criminal case is required to prove the defendant's guilt beyond a doubt.

Question 52

A crime punishable by death or imprisonment of more than one year is called a .

Question 53

During the month awaiting sentence,what may happen?

A)A presentence investigation may be conducted
B)A hearing on a motion for new trial
C)A hearing on a motion for directed verdict
D)All of the answers are correct.

Question 54

A writ directed to a peace officer requiring that officer to notify a person that they are required to appear in court and answer a charge is called a _.

Question 55

The officer that arrested Henry on the highway did not read him his rights under the Miranda decision,and did not question him.

A)The arrest is invalid,because the reading of Miranda is required immediately after all arrests.
B)Any confession given to the detectives must now be in writing.
C)Any confession given to the detectives must now be videotaped.
D)If the detectives give the Miranda warning,and Henry says he understands his rights,any confession is lawfully obtained.

Question 56

Which of the following is a possible sentence for the judge to impose?

A)Ten years in the department of corrections
B)Probation
C)Five years in the department of corrections
D)All of the answers are correct.

Question 57

What would be the purpose of a preliminary hearing in this case?

A)Determine bail
B)Determine admissibility of confession
C)Accept plea of guilty
D)Determination of probable cause

Question 58

Release on recognizance means that an accused has been released without bail.

Question 59

If the state has a fixed sentencing structure of ten years for this crime,what may the judge do?

A)Impose a sentence of thirty days,because she is a young mother
B)Impose a sentence of ten years
C)Impose a sentence of two years
D)None of the answers are correct.

Question 60

What is the next step involving the magistrate in this case?

A)Grand jury
B)Initial appearance
C)Discovery
D)Motion for change of venue

Question 61

A plea of nolo contendere literally means no .

Question 62

The is the judge or jury's pronouncement of guilty or not guilty.

Question 63

A procedure is when the guilt-innocence stage and sentencing stage are separate

Question 64

An plea is a guilty plea where the defendant still maintains innocence.

Question 65

Habeas corpus is often called the Great Writ of .

Question 66

Both citations and summonses have the advantage of keeping a person out of pending the hearing.

Question 67

__________is the formal pronouncement of judgment by the court or judge on the defendant after conviction in a criminal prosecution,imposing the punishment to be inflicted.

Question 68

__________is defined as the security required by the court and given by the accused to ensure that the accused appears before the proper court at a scheduled time and place to answer the charges brought against him or her.

Question 69

Criminal procedure before trial begins with the filing of a .

Question 70

__________consists of making an entry in the police blotter or arrest book indicating the suspect's name,the time of arrest,and the offense involved.

Question 71

__________is a Latin term that literally means you should have the body.

Question 72

Criminal procedure is mostly a product of decisions.

Question 73

The practice of keeping a jury together and in isolation during a trial is called .

Question 74

The guarantees minimum rights that cannot be diminished by state law.

Question 75

A/an is the taking of a person into custody for the purpose of criminal prosecution or interrogation.

Question 76

There are three purposes for a preliminary hearing: determination of probable cause,,and decision on binding over.

Question 77

A is a charge made before a magistrate or judge alleging the commission of a criminal offense.

Question 78

A jury which cannot decide on a verdict is called a jury.

Question 79

__________is a procedure used by either party in a case to obtain information in the hands of the other party.

Question 80

In addition to the Bill of Rights,there are other sources of rights for defendants,including state .