Deck 8: Pretrial Procedures and the Criminal Trial

Question 1

Which of the following is a true statement about plea bargaining?

A) It is initiated before a preliminary hearing.
B) It increases the time and money spent on each case.
C) It allows defendants a measure of control over their fates.
D) It is given to defendants to increase their prison sentence.

Answer 1

C

Question 2

In felony cases, a defendant is prohibited from making a plea at the initial appearance because:

A) it is tantamount to a confession of guilt.
B) a felony case will not go to trial.
C) a magistrate's court does not have jurisdiction to decide felonies.
D) it violates the Fifth Amendment.

Answer 2

C

Question 3

Which of the following is true of the preliminary hearing process?

A) The defendant is prohibited from being represented by counsel.
B) It requires guilt to be proved beyond a reasonable doubt.
C) It is conducted forty days after the defendant is arrested.
D) Typically, a police report of the arrest made is presented.

Answer 3

D

Question 4

A difference between full criminal trials and grand jury proceedings is that:

A) grand jury proceedings allow jurors to speak to the media.
B) in grand jury proceedings, the proceedings are open.
C) in grand jury proceedings, the defense attorneys can cross-examine prosecution witnesses.
D) grand jury proceedings allow jurors to request for witnesses to be recalled to the stand to testify a second time.

Question 5

Which of the following is the consequence of a jury being unable to reach a unanimous agreement on whether to acquit or convict a defendant?

A) An arraignment
B) A hung jury
C) An indictment
D) A struck jury

Question 6

Which of the following is true of bail?

A) It is a guaranteed right under the Eighth Amendment.
B) In felony cases, the primary responsibility to set bail lies with the judge.
C) In misdemeanor cases, bail is set according to the defendant's ability to pay.
D) It is uniform throughout all jurisdictions.

Question 7

Despite the large number of defendants who eventually plead guilty, the plea of not guilty is fairly common at an arraignment. Generally, a not guilty plea in the face of strong evidence is part of a strategy to:

A) force a weak case to go to trial.
B) avoid unwanted media attention.
C) revert to a plea of nolo contendere .
D) gain a more favorable plea bargain.

Question 8

Which of the following best describes a bench trial?

A) It is a trial conducted with a twelve-member jury who are entitled to make decisions relating to a defendant's guilt or innocence.
B) It is a type of trial that is used solely in felony cases.
C) It is a trial conducted without a jury in which a judge makes the determination of a defendant's guilt or innocence.
D) It is a type of trial conducted before a judge and a jury.

Question 9

A way in which due process requirements are satisfied by criminal procedure law is by:

A) an arraignment.
B) a nolle prosequi .
C) a plea of nolo contendere .
D) an adjudication.

Question 10

Louisa has been arrested for a felony. Her bail is set at $100,000. She does not have sufficient funds to post bail. A businessman agrees to post bail on her behalf if she pays him ten percent of the bail amount and adds her car as security. In this scenario, the businessman is a _____.

A) bail bond agent
B) bounty hunter
C) bailiff
D) bail enforcement agent

Question 11

Which of the following is true of the statute of limitations?

A) It assures defendants of a speedy acquittal.
B) It is applicable to offenses that carry the death penalty.
C) It is not applicable to prosecutions for murder.
D) It does not protect citizens against unreasonable delays before accusation.

Question 12

The most important factor in deciding whether to prosecute is:

A) if there is sufficient evidence for conviction.
B) if the defendant is willing to testify against other offenders.
C) the prosecutor's belief in the guilt of the suspect.
D) the seriousness of the offense committed.

Question 13

Which of the following is a similarity between an indictment and an information in a preliminary hearing?

A) Both are issued by a grand jury.
B) Both become the formal charge against the defendant.
C) Both are issued by the district attorney.
D) Both are required to begin the process of discovery.

Question 14

Most prosecutors have a screening process for deciding when to prosecute and when to "noll." Which of the following is a factor employed in this process?

A) Witness hostility
B) Defendants making a plea of nolo contendere
C) Offense seriousness
D) Offenders willing to testify against the defendant

Question 15

About half of the adult felony cases that police bring to prosecutors are dismissed through a _____.

A) certiorari
B) nolo contendere
C) mandamus
D) nolle prosequi

Question 16

A(n) _____ refers to a court proceeding in which a suspect is formally charged with the criminal offense stated in the indictment.

A) information
B) arraignment
C) judicial review
D) plea bargain

Question 17

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) indictment
B) arraignment
C) preliminary hearing
D) initial appearance

Question 18

Which of the following is a purpose served by the vagueness of the Eighth Amendment's requirement that "excessive bail shall not be required"?

A) The protection of juveniles
B) The protection of the defendant
C) The protection of the community
D) The protection of courtroom work groups

Question 19

_____ is the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial.

A) Double jeopardy
B) Preventive detention
C) Plea bargaining
D) Proactive remediation

Question 20

​ The _____ gives a defendant the right not to testify at his or her own trial.

A) ​ Third Amendment
B) ​ Fourth Amendment
C) ​ Fifth Amendment
D) ​ Sixth Amendment

Question 21

Which of the following is a category of evidence?

A) Testimony
B) An indictment
C) Policy
D) An information

Question 22

Which of the following is one of the most common reasons for wrongful convictions eventually overturned by DNA evidence?

A) False appeals
B) Eyewitness misidentification
C) Faulty polygraph tests
D) Insufficient circumstantial evidence

Question 23

A writ of habeas corpus differs from an appeal in that it:

A) can be filed only by someone who is imprisoned.
B) can be filed only by the prosecution.
C) requires the presence of an expert witness.
D) fails to accept new DNA evidence that proves a person's innocence.

Question 24

Which of the following is true of closing arguments?

A) They emphasize the shortcomings of an opposing party's case.
B) In the state of Vermont, they are first presented by the prosecutor.
C) In the state of Colorado, they are first presented by the defense attorney.
D) They instigate rebuttals from jury members.

Question 25

The main goal of jury selection is to:

A) lessen the number of peremptory challenges that a district attorney can raise in a preliminary hearing.
B) produce a cross section of the population in the jurisdiction where a crime was committed.
C) prevent a mistrial from occurring.
D) assist with the proceedings of a bench trial.

Question 26

When a witness offers hearsay, the person making the original remarks:

A) is considered to be in contempt of court.
B) cannot be cross-examined.
C) is considered an expert witness.
D) cannot be subpoenaed.

Question 27

Which of the following is true of jury deliberation?

A) It precedes voir dire .
B) It takes place in complete seclusion.
C) Jurors are predisposed to argue with one another over the fate of the defendant.
D) Jurors are allowed to seek outside information to help reach a verdict.

Question 28

Which of the following is true of cross-examination?

A) It violates the Sixth Amendment.
B) It involves a presiding judge questioning a defendant.
C) It is linked to problems presented by hearsay evidence.
D) It is also known as redirect examination.

Question 29

Which of the following is a minimum requirement for people to be jurors?

A) They should be able to speak at least two languages.
B) They should have a degree in law.
C) They should be at least sixteen years of age.
D) They should be free of felony convictions.

Question 30

_____ is an order that requires corrections officials to bring an inmate before a court or a judge and explain why he or she is being held in prison.

A) Habeas corpus
B) Nolo contendere
C) Mandamus
D) Nolle prosequi

Question 31

A justification defense strategy is sometimes difficult to carry out because it:

A) forces the defense to prove the reliability of its own evidence.
B) simply disproves the evidence offered by the prosecution.
C) leads to a hung jury.
D) prevents a judge from issuing a continuance.

Question 32

Which of the following is true of opening statements?

A) They give the jury an opportunity to open a trial.
B) They are mandated by the U.S. Constitution.
C) They are presented by the presiding judge at the beginning of a trial.
D) They consist of a brief version of the facts that will be presented during a trial.

Question 33

The prohibition against _____ means that once a criminal defendant is found not guilty of a particular crime, the government may not reindict the person and retry him or her for the same crime.

A) sequestration
B) double jeopardy
C) plea bargaining
D) duress

Question 34

_____ refers to the preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness.

A) Voir dire
B) A fortiori
C) Nolo contendere
D) Actus reus

Question 35

Noel has a master's degree in forensic science. He is called to a murder trial as a witness for the prosecution. He is shown a collection of photographs, depicting a bullet recovered from the crime scene. He is able to identify the type of bullet, the caliber of the bullet, and the make and model of the gun from which the bullet was shot. In this scenario, Noel is a(n) _____.

A) lay witness
B) expert witness
C) eyewitness
D) character witness

Question 36

Alec is a district attorney who is prosecuting a case of art forgery. During jury selection, he declares that a prospective juror is unfit to serve on the jury since she had a connection with the defendant years ago. In this scenario, Alec has exercised a _____.

A) peremptory challenge
B) challenge for cause
C) challenge for change
D) facial challenge

Question 37

A murder trial has ended in a hung jury with six jurors for and two jurors against the conviction of the defendant. The presiding judge at the trial directs the jury into seclusion once more, asking the dissenters to reconsider the opinion of the majority of jurors so that a unanimous decision can be made. In this scenario, the presiding judge has invoked the _____.

A) Brady Rule
B) Missouri Plan
C) Allen Charge
D) Marshall Plan

Question 38

Which of the following is true of a high standard of proof?

A) It holds back a defendant's right to "take the Fifth."
B) It presumes that a defendant is guilty until proved innocent.
C) It emphasizes the belief that it is better to convict an innocent person than to let a guilty one go free.
D) It reduces the margin of error in criminal cases.

Question 39

Which of the following is true of the protection offered by the Fifth Amendment?

A) It covers only post-arrest and trial silence.
B) It is enforced after a defendant posts bail.
C) It applies only to courts-martial.
D) It is given by judges based on the advice of trained personnel.

Question 40

In In re Winship (1970), a case involving the due process rights of juveniles, the Supreme Court ruled that the Constitution requires the reasonable doubt standard because it:

A) increases the number of peremptory challenges.
B) reassures Americans of the law's moral force and legitimacy.
C) decreases the risk of a hung jury.
D) increases the chance of attempting a justification defense.

Question 41

One of the major goals of the victims' rights movement has been to increase the role of victims in the plea bargaining process.

Question 42

In an arraignment, the accused and the prosecutor work out a mutually satisfactory conclusion to the case.

Question 43

In a criminal trial, the state must prove the defendant's guilt beyond a reasonable doubt.

Question 44

Discuss the appeals process and its relation to wrongful convictions.

Question 45

Discuss the special features of grand juries.

Question 46

An information is a charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime.

Question 47

Cross-examination is the examination of a witness by the attorney who calls the witness to the stand to testify.

Question 48

Prosecutors rely heavily on _________ to guide their priorities, resulting in them preferring to take on felony cases rather than misdemeanors
A. testimonial evidence
B. offense seriousness
C. confidential informants
D. nolo contendere ​

Question 49

Describe plea bargaining, and discuss how prosecutors engage in the practice.

Question 50

A defendant is compelled to testify at his or her own trial.

Question 51

Citizens are protected against unreasonable delays before accusation by statutes of limitations.

Question 52

In an arraignment, due process requirements are satisfied by criminal procedure law.

Question 53

Distinguish between opening statements and closing arguments.

Question 54

The guarantee against being tried a second time for the same crime is known as protection from double dealing.

Question 55

Discuss bail in the context of pretrial detention.

Question 56

Cross-examination usually entails efforts to create doubt in jurors' minds that a witness is reliable.

Question 57

Briefly explain the two protections explicitly stated in the Sixth Amendment.

Question 58

A hung jury can be easily reversed because "no decision" is an illegitimate verdict.

Question 59

During the initial appearance, the defendant appears before a judge who decides whether the evidence presented is sufficient for the case to proceed to trial.

Question 60

The Supreme Court has held that unanimity is a rigid requirement in jury trials.

Question 61

The Fifth Amendment grants American citizens the _________
A. right against unreasonable seizures
B. right to keep and bear arms
C. right against self-incrimination
D. right to freedom of speech ​

Question 62

_________ is used when deliberations are expected to be lengthy, or a trial is attracting a high amount of interest and the judge wants to keep the jury from being unduly influenced
A. Double jeopardy
B. Sequestration
C. Cross-examination
D. Plea bargaining ​

Question 63

Citizens are protected against unreasonable delays before accusation by _________
A. judicial reviews
B. the prohibition of double jeopardy
C. statutes of limitations
D. the Fifth Amendment ​

Question 64

In a criminal trial, the burden of proving the defendant's guilt lies entirely with the _________
A. expert witness
B. police
C. state
D. lay witness ​