Deck 13: The Courtroom: the Pretrial and Trial Process

Question 1

The purpose of a preliminary hearing is to ______.

A)inform the defendant of the charges
B)formally indict the suspect
C)determine if the defense is ready to proceed to trial
D)determine if there is sufficient evidence to charge the suspect

Answer 1

D

Question 2

During the preliminary hearing, which of the following occurs?

A)The prosecutor files a written formal charge that is reviewed by a judge.
B)The grand jury decides whether to issue an indictment.
C)The proceeding commences with opening statements made by the prosecution and defense counsel.
D)Sentencing for a defendant found to be guilty during the preliminary hearing.

Answer 2

A

Question 3

All of the following are types of courses of action that a grand jury can take except ______.

A)true bill
B)no bill
C)presentment
D)no presentment

Answer 3

D

Question 4

Which of the following is a characteristic of an indictment state?

A)A prosecutor may bypass the preliminary hearing by immediately taking a charge before a grand jury.
B)Prosecutors may bring felony charges based on a sworn statement and then bring a charge before a preliminary hearing or a grand jury.
C)A preliminary hearing is not required where the defendant waives the hearing and is charged with a murder or where the grand jury has issued an indictment prior to the hearing.
D)Preliminary hearings are not bypassed and must be conducted in every civil and criminal case.

Question 5

What follows the grand jury procedure?

A)sentencing
B)plea bargaining
C)formal charging
D)testimony

Question 6

The term of a federal grand jury is ______.

A)6 months
B)12 months
C)18 months
D)24 months

Question 7

A grand jury indictment is required to possess all of the following except ______.

A)the essential legal elements of the crime
B)defendant's criminal intent
C)defendant's criminal acts
D)exculpatory evidence

Question 8

States can be categorized as all of the following except ______.

A)indictment states
B)information states
C)modified indictments states
D)modified information states

Question 9

At common law, the grand jury was comprised of ______ persons.

A)12
B)23
C)31
D)43

Question 10

All of the following are requirements to serve on a grand jury except ______.

A)must be a member of the relevant jurisdiction
B)must be at least 18 years old
C)must have a higher education degree
D)must not have been convicted of a felony

Question 11

The process of selecting the grand jury from the pool is known as which of the following?

A)voir dire of the grand jury
B)preliminary hearing
C)purging the grand jury
D)selective incorporation

Question 12

Which of the following is a characteristic of an information state?

A)A prosecutor may bypass the preliminary hearing by immediately taking a charge before a grand jury.
B)Prosecutors may bring felony charges based on a sworn statement and then bring a charge before a preliminary hearing or a grand jury.
C)A preliminary hearing is not required where the defendant waives the hearing and is charged with a murder or where the grand jury has issued an indictment prior to the hearing.
D)Preliminary hearings are not bypassed and must be conducted in every civil and criminal case.

Question 13

When a grand jury is selected by a group of influential members of the community, it is referred to as the ______.

A)key man system
B)petit jury
C)venire system
D)purge

Question 14

Which of the following court cases addressed whether states are required to provide a grand jury indictment?

A)Costello v.United States
B)United States v.DiFrancesco
C)United States v.Procter & Gamble
D)Hurtado v.California

Question 15

During the grand jury procedure, which of the following takes place?

A)The prosecutor files a written formal charge.
B)A group of ordinary citizens decides whether to issue an indictment.
C)The proceeding commences with opening statements made by the prosecution and defense counsel.
D)Sentencing for a defendant found to be guilty during the preliminary hearing.

Question 16

Which of the following Amendments provides for the right of a grand jury in capital of infamous crimes?

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

Question 17

If a grand jury agrees that there is sufficient evidence to charge a suspect, they return a ______.

A)criminal charge
B)positive indictment
C)true bill
D)verified account

Question 18

Most states adhere to the ______ standard during preliminary hearings.

A)prime facie approach
B)probable cause
C)reasonable doubt
D)preponderance of evidence

Question 19

Which of the following is a characteristic of a modified indictment state?

A)A prosecutor may bypass the preliminary hearing by immediately taking a charge before a grand jury.
B)Prosecutors may bring felony charges based on a sworn statement and then bring a charge before a preliminary hearing or a grand jury.
C)A preliminary hearing is not required where the defendant waives the hearing and is charged with a murder or where the grand jury has issued an indictment prior to the hearing.
D)Preliminary hearings are not bypassed and must be conducted in every civil and criminal case.

Question 20

Preliminary hearings should be held within ______ to determine whether defendants should be bound over for trial or to a grand jury.

A)5
B)10
C)15
D)20

Question 21

"I do not want to contest the criminal charge" is considered to be a ______ plea.

A)not guilty
B)not guilty by reason of insanity
C)nolo contendere
D)guilty

Question 22

The ______ provides that an "ultimate fact" that is established in a criminal prosecution may not again be litigated in a second prosecution involving the same parties.

A)confrontation clause
B)compulsory process clause
C)dual sovereignty doctrine
D)collateral estoppel

Question 23

All of the following are typically considered by a court in deciding whether a defendant's right to a speedy trial has been violated except ______.

A)whether the defendant is aware of this right
B)the complexity of a case
C)whether the defendant asserted this right
D)the prosecutorial justification for the delay

Question 24

A plea of nolo contendere requires the permission of the ______.

A)court
B)prosecutor
C)arresting officer
D)jury

Question 25

A grand jury has the authority to complete which of the following tasks?

A)require the production of exculpatory evidence
B)recommend an appropriate sentence
C)convict a defendant
D)issue a subpoena

Question 26

______ are a fundamental error that causes a cancellation of the trial.

A)Delays
B)Motions
C)Mistrials
D)Not guilty pleas

Question 27

All of the following occur at an arraignment except ______.

A)bail is set for the defendant
B)defendant enters a plea
C)defendant is informed of the charges
D)defendant is brought before a judge

Question 28

The purpose of the ______ is to prevent miscarriages of justice by requiring the disclosure of evidence that may prevent the conviction of an innocent individual or that may result in a reduction in the defendant's sentence.

A)Brady rule
B)confrontation clause
C)dual sovereignty doctrine
D)Blockburger test

Question 29

The remedy for a violation of the right to a speedy trial is which of the following?

A)reversal of the conviction
B)dismissal of the charges
C)restitution
D)an automatic appeal process

Question 30

At which point does double jeopardy attach during a jury trial?

A)once the defendant enters a plea of not guilty
B)once the jury is sworn in
C)once the first witness is called
D)once a verdict is reached

Question 31

Should a defendant fear he or she may not be able to obtain a fair trial due to extensive media coverage, he or she would likely file a motion for ______.

A)a change of representation
B)a change of venue
C)discovery
D)suppression of evidence

Question 32

All of the following are criticisms put forth of the grand jury system except ______.

A)the grand jury works closely with the prosecutor
B)laypersons lack the expertise to determine the existence of probable cause
C)the defendant has no ability to challenge the facts presented by the prosecutor
D)the grand jury is a short process

Question 33

"I did not know the nature and quality of my act" is considered to be a ______ plea.

A)not guilty
B)not guilty by reason of insanity
C)nolo contendere
D)guilty

Question 34

______ refers to the selection of a jury from the community in which the crime was committed.

A)Voir dire
B)Purging
C)Presentment
D)Vicinage

Question 35

All of the following are individual interests of a speedy trial identified by the U.S.Supreme Court except ______.

A)prevention of unnecessary hardship from lengthy incarceration
B)limited exposure to public criticism
C)easier access to witnesses and evidence
D)lower possibility that the defendant will jump bail

Question 36

The Equal Protection Clause of the Fourteenth Amendment has been interpreted to prohibit the exclusion of individuals from jury service for all of the following reasons except ______.

A)ethnicity
B)religion
C)gender
D)age

Question 37

The notion that an individual may not be prosecuted more than once for the same offense or punished more than once for the same crime is referred to as ______.

A)double jeopardy
B)collateral estoppel
C)hearsay
D)self-incrimination

Question 38

The U.S.Supreme Court has held that while states are not required to use juries of 12 members, any jury must have at least ______ members.

A)4
B)6
C)9
D)10

Question 39

In which plea does the defendant refuse to contest the charges?

A)not guilty
B)not guilty by reason of insanity
C)nolo contendere
D)guilty

Question 40

Discovery is used primarily to ensure that the defense is aware of all ______.

A)relevant evidence
B)interesting evidence
C)exculpatory evidence
D)available evidence

Question 41

In which case did the U.S.Supreme Court set the precedent that the Due Process Clause prohibits states from "invidiously discriminating on the basis of race?"

A)Ballew v.Georgia
B)Ham v.South Carolina
C)Strauder v.West Virginia
D)Thompson v.Utah

Question 42

All of the following are standard forms of plea bargain except ______.

A)prosecution agrees to dismiss one or more of many charges against defendant
B)prosecution agrees to reduce the severity of the charge(s) against defendant
C)prosecution agrees not to challenge defendant's sentencing requests
D)prosecution agrees not to charge defendant with future offenses

Question 43

In which case did the U.S.Supreme Court establish that the standard of establishing criminal guilt beyond a reasonable doubt is a fundamental component of due process?

A)Allen v.United States
B)Herring v.New York
C)In re Winship
D)J.E.B.v.Alabama ex rel.

Question 44

The process of selecting the grand jury from the pool of individuals called to serve is termed petit jury.

Question 45

All of the following are components of the burden of proof except ______.

A)burden of going forward
B)burden of evidence
C)burden of persuasion
D)burden of production

Question 46

The purpose of the preliminary hearing is to determine whether there is sufficient evidence to subject the defendant to criminal prosecution.

Question 47

The grand jury at common law was composed of 23 persons.

Question 48

In transactional immunity, the prosecution is prohibited from relying on an individual's testimony or any material derived from the testimony to prosecute the individual.

Question 49

In which case did the U.S.Supreme Court hold that potential jurors cannot be peremptorily removed "solely on account of their race?"

A)Batson v.Kentucky
B)Duren v.Missouri
C)Swain v.Alabama
D)Turner v.Murray

Question 50

At a preliminary hearing, the judge presents witnesses.

Question 51

According to the U.S.Supreme Court's holdings and justifications, which of the following state juries is both sufficiently large and has sufficient unanimity to convict a defendant?

A)a 12-member jury voting 7-5
B)a 10-member jury voting 9-1
C)a 6-member jury voting 5-1
D)a 5-member jury voting 5-0

Question 52

In an information state, a prosecutor may "bypass" the preliminary hearing by immediately taking a charge before a grand jury.

Question 53

Hearsay, though not usually admissible, is allowed in trial if it is deemed ______.

A)delivered under oath
B)inconsequential
C)nontestimonial
D)vital for the administration of justice

Question 54

Should a judge determine an attorney's opening statement grossly improper, which of the following is the most extreme response available to the judge?

A)instruct the jury to ignore the statement
B)exclude any evidence mentioned in the statement from the trial
C)declare a mistrial
D)dismiss the charges against the defendant

Question 55

A preliminary hearing is not required where the defendant waives the preliminary hearing, where the defendant is charged with a misdemeanor, or where the grand jury has issued an indictment before the preliminary hearing is conducted.

Question 56

The reality of the grand jury is that the prosecutor exercises almost complete control over the deliberations.

Question 57

Grand jurors tend to follow the prosecutor rather than exercise independent judgment.

Question 58

Of the proposed methods for responding to an unruly defendant in Illinois v.Allen, which did the Supreme Court state should be used as a last resort for fear of prejudicing the jury against the defendant?

A)bind and gag defendant
B)cite defendant in contempt
C)remove all spectators from the courtroom
D)remove defendant from the courtroom

Question 59

An individual who is convicted and sentenced should not be punished a second time for the same act.

Question 60

Which discriminatory factor has been used most often by the courts to establish legal rules regarding voir dire?

A)age
B)race
C)religion
D)sex

Question 61

The dual sovereignty doctrine provides that an "ultimate fact" that is established in a criminal prosecution may not again be litigated in a second prosecution involving the same parties.

Question 62

One of the dangers in allowing jury nullification is that juries can both find guilty defendants not guilty and innocent defendants guilty.

Question 63

Police personnel records generally are not discoverable.

Question 64

Identify and discuss the individual interests protected by the right to a speedy trial.

Question 65

What is the key-man system?

Question 66

There are two standards followed by courts in determining whether to bind over a defendant for
trial.What are they and which is followed by a majority of states?

Question 67

Explain the dual sovereignty doctrine and give an example in which it would apply.

Question 68

What are some of the basic guidelines for the selection of the jury venire?

Question 69

The purpose of a jury trial is to use community members to check the power of judges and prosecutors.

Question 70

Identify and discuss at least one type of plea bargain.

Question 71

Vicinage refers to the selection of a jury from the community in which the crime was committed.

Question 72

The American trial system is inquisitorial in design.

Question 73

In order for the exclusion of a certain group from jury venire to be unconstitutional, the exclusions must be systematic.

Question 74

If a potential juror happens to work with the sister of the defendant, the prosecutor will likely
remove the juror using a peremptory challenge.

Question 75

Manifest necessity arises in those instances in which the judge concludes that justice would not be served by continuing the trial.

Question 76

During the arraignment, a defendant is brought before a judge, informed of the charges against
him or her, and required to enter a plea.What are the possible pleas one can enter?

Question 77

Identify the courses of action that a grand jury can take.

Question 78

Identify the five important aspects of what is known as motion practice?

Question 79

Aspects of a prosecutor's closing argument may be allowed to stand if made in response to defense statements according to the invited response doctrine.

Question 80

The preliminary hearing is one of the earliest phases of a criminal trial.What occurs during this phase?