Deck 8: Pretrial Procedures and the Criminal Trial

Question 1

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

Answer 1

C

Question 2

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

Answer 2

D

Question 3

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

Answer 3

D

Question 4

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 5

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 6

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 7

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

Question 8

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 9

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 10

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

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

Question 11

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

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

Question 12

Excessive bail is prohibited under the ____ Amendment.

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

Question 13

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 14

Which of the following is a true statement?

A)Defendants who plea bargain receive significantly lighter sentences on average than those who are found guilty at trial.
B)Defendants who plea bargain receive significantly harsher sentences on average than those who are found guilty at trial.
C)The plea of guilty is fairly common at the arraignment.
D)Plea bargaining accounts for nearly 57% of criminal convictions in state courts.

Question 15

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 16

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 17

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 18

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 19

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 20

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

Question 21

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 22

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 23

An indictment is the formal charge against the accused issued by the prosecutor after a preliminary hearing.

Question 24

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 25

All defendants have a guaranteed right to bail.

Question 26

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

Question 27

During jury selection,Ruth's attorney questions the potential jurors and realizes that Ruth's ex-boyfriend is one of the potential jurors.Ruth's attorneys believe that this is a sound,legally justifiable reason for why he is unfit to serve on the jury.What type of challenge would this be to exclude Ruth's ex-boyfriend from the jury?

A)challenge for cause
B)challenge for relationship
C)peremptory challenge
D)personal challenge

Question 28

Which type of defense used in a defendant's case includes the submission of evidence showing 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 29

Evidence witnessed by the person giving the testimony is:

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

Question 30

What is the formal decision rendered by the jury?

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

Question 31

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 32

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 33

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 34

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 35

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 36

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 37

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

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

Question 38

Bail is provided for under the Sixth Amendment.

Question 39

To whom is the appeals process available?

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

Question 40

The prohibition against double jeopardy is provided for in the:

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

Question 41

The formal investigation by each side prior to trial is the process of ____________________.

Question 42

Presenting an alibi is an example of an affirmative defense.

Question 43

____________________ is the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings.

Question 44

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

Question 45

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 46

Prosecutors may turn to plea bargaining to obtain a conviction in a questionable case.

Question 47

If unable to post bail with cash or property,a defendant may arrange for a _________________________________ to post a bail bond on the defendant's behalf.

Question 48

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

Question 49

The Sixth Amendment specifies what the time limits are for a speedy trial.

Question 50

Circumstantial evidence is not admissible in court.

Question 51

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

Question 52

The plea of not guilty is fairly uncommon at an arraignment.

Question 53

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

Question 54

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

Question 55

A majority of criminal convictions in state courts are the result of plea bargaining.

Question 56

Protection against double jeopardy is contained within the Fifth Amendment.

Question 57

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

Question 58

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

Question 59

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

Question 60

Each attorney may exercise a limited number of peremptory challenges.

Question 61

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

Question 62

_____________________ is the process through which prosecutors effect an overall reduction in the number of persons prosecuted.

Question 63

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

Question 64

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

Question 65

Challenges to remove potential jurors from the pool that are limited in number are ____________.

Question 66

A(n)___________________ is a witness who can truthfully and accurately testify on a fact in question without having specialized knowledge or training.

Question 67

Discuss why prosecutors,defense attorneys,and defendants often agree to plea bargains.

Question 68

The group of citizens who are called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged is called a(n)________________.

Question 69

A suspect is formally charged with the criminal offense in the ____________________.

Question 70

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

Question 71

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

Question 72

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

Question 73

____________________ is the process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case,subject to court approval.

Question 74

________________ is anything that is used to prove the existence or nonexistence of a fact.

Question 75

The __________________________ is the law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred.

Question 76

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

Question 77

The ______________ Amendment states that anyone accused of a crime shall be judged by an impartial jury.

Question 78

The ______________ is the group of citizens from which the jury is selected.

Question 79

________________________ is indirect evidence that is offered to establish,by inference,the likelihood of a fact that is in question.

Question 80

A ______________________ is a form that must be completed by a defendant who pleads guilty.The defendant in this form states that she or her has agreed to the plea voluntarily and with full comprehension of the consequences.