Deck 10: Criminal Prosecution and Adjudication

Question 1

Which Supreme Court case upheld the constitutionality of preventive detention?

A) U.S. v. Salerno
B) Stack v. Boyle
C) Batson v. Kentucky
D) Carroll v. U.S.

Answer 1

A

Question 2

What percentage of all felony arrests that led to a misdemeanor or charge resulted in a guilty plea?

A) 94%
B) 67%
C) 50%
D) 45%

Answer 2

B

Question 3

According to a recent survey of thirty large urban jurisdictions, what percentage of all felony arrests do not go past the indictment phase?

A) 15%
B) 25%
C) 30%
D) 45%

Answer 3

D

Question 4

What is plea bargaining?

A) An agreement made between the prosecutor and the defense attorney not to prosecute.
B) An agreement made between the prosecutor and the defense for certain leniencies in return for a guilty plea.
C) An agreement made between the judge and the prosecutor to convict a defendant, but not sentence him or her to a term of incarceration.
D) An agreement made between the judge and the defense attorney to convict a defendant, but not sentence him or her to a term of incarceration.

Question 5

According to a recent survey, what percentage of all felony arrests that led to a misdemeanor or felony charge actually went to trial?

A) 6
B) 10
C) 30
D) 45

Question 6

If a defendant pleads guilty to one charge and in return the prosecutor dismisses other pending charges against the defendant, what type of plea bargain is the defendant receiving?

A) charge reduction
B) sentence reduction
C) removal of charges
D) implicit

Question 7

____________ is the process by which arrestees are released pending their first court appearance on a written order issued by law enforcement personnel.

A) release on recognizance
B) conditional release
C) citation release
D) third party custody

Question 8

The release of a defendant on his or her promise to return to court as required is called _________.

A) release on recognizance
B) conditional release
C) citation release
D) third party custody

Question 9

What does is mean to plead nolo contendere?

A) This is where the defendant pleads not guilty by reason of insanity.
B) This is another term for a not-guilty plea.
C) This is where the defendant admits guilt, but should be excused because of mental illness.
D) This is where the defendant admits criminal liability for purposes of the criminal proceeding only.

Question 10

Which Amendment prohibits excessive bail?

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

Question 11

What percentage of criminal cases that are not prosecuted are referred to diversion programs?

A) 5%
B) 10%
C) 20%
D) almost 50%

Question 12

National studies reveal that approximately _____% of all felony defendants on pretrial release were rearrested for a felony offense committed while they were on release.

A) 5
B) 15
C) 25
D) 33

Question 13

A court imposed requirement for the posting of a security to obtain release of a defendant pending disposition of a criminal case is referred to as ____________.

A) bail
B) pre-trial release
C) indictment
D) release on recognizance

Question 14

What type of defendant is the least likely to be released pending trial?

A) armed robbery defendants
B) rape defendants
C) murder defendants
D) motor vehicle theft defendants

Question 15

What is the next step after an accused is arrested?

A) The indictment is filed.
B) The accused makes an appearance before a magistrate.
C) The accused is arraigned.
D) The prosecutor and the arresting officer meet to determine whether there is probable cause to hold the accused in jail.

Question 16

___________ are private business operators who post the amount required by the court to secure the release of the defendant.

A) Entrepreneurs
B) Parents
C) Bail bond agents
D) Court clerks

Question 17

Which U.S. Supreme Court case held that bail must be set an amount no greater than would reasonably ensure the presence of the defendant at required court proceedings?

A) U.S. v. Salerno
B) Stack v. Boyle
C) Batson v. Kentucky
D) Carroll v. U.S.

Question 18

Preventive detention is ______________.

A) the pretrial incarceration of an accused who is deemed dangerous
B) the temporary incarceration of a person who is a danger to himself or herself
C) the temporary incarceration of a person who is intoxicated
D) the incarceration of a person convicted of a serious crime

Question 19

The removal of the defendant form the normal path of the criminal justice process to an alternative path is referred to as _____________.

A) treatment
B) release on recognizance
C) diversion
D) indictment

Question 20

The first stage of trial process, where the indictment or information is read in open court and the defendant is requested to enter a plea is called the _______________.

A) indictment
B) preliminary hearing
C) arraignment
D) pre-trial conference

Question 21

In most states and in all federal cases, who decides the sentence of a convicted defendant?

A) the judge
B) the prosecutor
C) the pre-sentence investigator
D) the department of corrections.

Question 22

What is the process of selecting the jury called?

A) vis à vis
B) sequestration
C) voir dire
D) peremptory challenge

Question 23

When the appellate court sends a case back down to the original court without overturning the original ruling, the appellate court is said to have __________ the case.

A) reversed
B) remanded
C) reversed and remanded
D) modified

Question 24

On which Amendment to the Constitution did the Supreme Court, in 1986, base its decision that the prosecution's use of peremptory challenges to exclude blacks from a jury constituted a violation of its equal protections clause?

A) the Second Amendment
B) The Sixth Amendment
C) The Fourteenth Amendment
D) The Eighth Amendment

Question 25

From what source do most jurisdictions obtain their jury pool?

A) members of the community sign up to become jurors
B) voter registration rolls
C) phone book
D) college enrollment

Question 26

After the defense rests its case, the prosecutor has the option to refute the case presented by the defense. This is referred to as _______________.

A) refutal
B) directed verdict
C) rebuttal
D) closing argument

Question 27

An oral or written request to a judge asking the court to make a specified ruling, finding, decision, or order is called a(n) ____________.

A) objection
B) motion
C) acquittal
D) voir dire

Question 28

Guns, knives, drugs, pieces of clothing are all examples of what type of evidence?

A) Testimonial evidence
B) Suppression evidence
C) Circumstantial evidence
D) Physical evidence

Question 29

___________ are private business operators who post the amount required by the court to secure the release of the defendant.

Question 30

What are peremptory challenges?

A) challenges by which a potential juror may be dismissed by either the prosecution or the defense without assignment of reason.
B) challenges to remove a potential juror because of his or her inability to render a fair and impartial decision in a case.
C) challenges to remove a judge from an assigned case due to bias.
D) challenges to the prosecution's motion to strike a juror based on age, sex, race, or religion.

Question 31

___________ is the pretrial incarceration of an accused who is deemed dangerous.

Question 32

Which of the following statements about the right to appeal is true?

A) The U.S. Constitution guarantees all criminal defendants the right to one appeal.
B) The vast majority of criminal cases are appealed.
C) The prosecution has no right to appeal an adverse ruling in a criminal case, unless it is specifically authorized in the statute.
D) Only b and c are correct.
E) All of the above are correct answers.

Question 33

Of the twelve jurors on O.J. Simpson's jury, how many were black?

A) none
B) two
C) five
D) eight
E) twelve

Question 34

After selecting a jury, what is the next step in the trial process?

A) The judge instructs the jury as to the applicable laws.
B) The prosecutor makes an opening statement
C) The defense makes an opening statement
D) The prosecution calls its first witness.

Question 35

The release of a defendant on his or her promise to return to court as required is called _________.

Question 36

The legal obligation of the prosecutor to prove the charges against the defendant beyond a reasonable doubts is called the _________________.

A) corpus delicti
B) burden of proof
C) motion
D) habeas corpus

Question 37

What does it mean to sequester a jury?

A) to question a jury pool to select those who are acceptable.
B) to strike a juror from the jury because of bias.
C) to instruct the jury not to discuss the case outside of the jury room and courtroom.
D) to keep a jury separate form family, friends, and the general public until the end of trial.

Question 38

An ______ is an accusation against a criminal defendant rendered by a grand jury.

Question 39

After a "not-guilty" plea, what is the first step in the criminal trial?

A) opening statements by the prosecution
B) impaneling the jury
C) arraignment
D) opening statements by the defense

Question 40

A court imposed requirement for the posting of a security to obtain release of a defendant pending disposition of a criminal case is referred to as ____________.

Question 41

An oral or written request to a judge asking the court to make a specified ruling, finding, decision, or order is called a(n) ____________.

Question 42

Individual judges have discretion to determine at what amount to set bail.

Question 43

____________ is the process by which arrestees are released pending their first court appearance on a written order issued by law enforcement personnel.

Question 44

An invalid trial is also referred to as a(n) ____________.

Question 45

After the prosecution has finished asking questions of its witnesses, the defense may ask questions of that witness. This process is called _______________.

Question 46

An agreement made between the prosecutor and the defense for certain leniencies in return for a guilty plea is called __________________.

Question 47

The removal of the defendant form the normal path of the criminal justice process to an alternative path is referred to as _____________.

Question 48

A _____________ is a challenge to remove a potential juror because of his or her inability to render a fair and impartial decision in a case.

Question 49

An information is an accusation against a criminal defendant rendered by a grand jury.

Question 50

According to a recent survey of thirty large urban jurisdictions, ____ percent of all felony arrests do not go past the indictment phase.

Question 51

The process in which lawyers and a judge question potential jurors to select those who are acceptable is called _____________.

Question 52

When a defendant admits criminal liability for the purpose of the criminal proceeding only, he is said to be entering a plea of ________________.

Question 53

When the appellate court sends a case back down to the original court without overturning the original ruling, the appellate court is said to have __________ the case.

Question 54

The _________ Amendment prohibits excessive bail.

Question 55

Diversion programs benefit the offender and the community.

Question 56

Offenders who go through diversion programs have very low rates of subsequent offending.

Question 57

The legal obligation of the prosecutor to prove the charges against the defendant beyond a reasonable doubt is called the _________________.

Question 58

National studies reveal that approximately _____% of all felony defendants on pretrial release were rearrested for a felony offense committed while they were on release.

Question 59

Diversion can only occur after charges have been filed.

Question 60

The first stage of trial process, where the indictment or information is read in open court and the defendant is requested to enter a plea is called the _______________.

Question 61

Three states have abolished the "not guilty by reason of insanity" plea.

Question 62

Except for a legislative provision, the prosecution has no right to appeal an adverse ruling in a criminal case.

Question 63

Testimony by witnesses is a type of physical evidence.

Question 64

Defendants found not guilty by reason of insanity are set free.

Question 65

Charge reduction means that the defendant pleads guilty to a lower charge than the one originally charged by the prosecutor.

Question 66

The United States Constitution guarantees the right to an appeal in all criminal cases punishable by a term of incarceration for one year or more.

Question 67

Most cases are dismissed or terminated after a motion to dismiss.

Question 68

During closing arguments new evidence may be presented, but only to emphasize a point the attorney is trying to make.

Question 69

In most states, the length of a defendant's sentence is not subject to an appeal.

Question 70

A voluntary plea of guilty eliminates the defendant's right to an appeal.