Deck 12: Court Proceedings I Before Trial

Question 1

The right to counsel attaches:

A)when the government files formal charges against the defendant.
B)as soon as the police investigation focuses on a particular suspect.
C)only at the trial.
D)only after arraignment.

Answer 1

A

Question 2

Trials without juries, in which judges decide the facts, are called:

A)non-trials.
B)bench trials.
C)jury-free trials.
D)prosecutor trials.

Answer 2

B

Question 3

What makes selective prosecution a necessity?

A)prosecutorial discretion
B)a lack of judges
C)limited resources
D)a grand jury

Answer 3

C

Question 4

According to the SCOTUS opinion in Bell v. Wolfish , involving conditions in a pretrial detention center or jail:

A)due process entitles all persons not convicted of crimes to a single cell.
B)strip searches violate the constitutional rights of persons not yet convicted of crimes.
C)double bunking amounts to unconstitutional punishment.
D)prison administrators should be accorded wide ranging deference in the adoption of jail policies.

Question 5

Some defendants who are charged with petty offenses are released with a written promise to appear in court, which the defendant signs without admitting guilt. This is referred to as:

A)waiver of bail release.
B)released on recognizance (ROR).
C)conditional ticket release.
D)unsecured bond release.

Question 6

Pretrial motions ask courts to decide questions that don't require:

A)bail.
B)judicial determination.
C)a trial.
D)a venue change.

Question 7

What is a written formal charge by prosecutors without a grand jury indictment?

A)a true bill
B)a criminal information
C)a directed verdict
D)a criminal complaint

Question 8

What percentage of cases are dropped because of the exclusionary rule?

A)less than 2 percent
B)about 5 percent
C)about 10 percent
D)about 15 percent

Question 9

All of the following are concerns regarding the amount of bail, except:

A)the age of the defendant.
B)the seriousness of the charge.
C)the defendant's criminal history.
D)the amount of evidence against the defendant.

Question 10

Under privately administered bail bonds, bail bondsmen or bondswomen usually charge what percentage of the amount of the bond that they turn over to the courts?

A)10 percent
B)20 percent
C)30 percent
D)40 percent

Question 11

The criminal complaint formally charges the defendant and authorizes the magistrate to:

A)begin the criminal proceedings.
B)conduct the first appearance.
C)determine bail.
D)begin the preliminary hearing.

Question 12

During which of the following stages of the criminal process does an individual not have the right to counsel?

A)custodial interrogation
B)search following arrest
C)pretrial hearings
D)arraignment

Question 13

The case County of Riverside v. McLaughlin dealt with which of the following?

A)the bind - over standard
B)the directed verdict rule
C)detention prior to proof of probable cause
D)release on recognizance

Question 14

In the early years immediately following the adoption of the Sixth Amendment, guaranteeing the right to counsel, courts interpreted that right to mean:

A)all defendants must receive counsel at government expense.
B)defendants have a right to counsel at trial, provided they can afford one.
C)defendants do not have a right to counsel until the trial itself, but once the trial begins, all defendants must receive lawyers, even if they cannot afford them.
D)only felony defendants are entitled to lawyers at government expense.

Question 15

What is the term used to describe lawyers willing to represent their clients at no charge?

A)counsel pro bono
B)appointed counsel
C)indigent counsel
D)retained counsel

Question 16

What term refers to prosecutorial discretion in determining which cases are actively pursued, in light of resource availability and priority of case outcomes?

A)situational prosecution
B)indeterminate prosecution
C)selective prosecution
D)flexible prosecution

Question 17

The adversarial proceeding that tests the government's case is called a:

A)class action.
B)criminal complaint.
C)grand jury review.
D)preliminary hearing.

Question 18

In what cases do prosecutors agree to drop the charges before formal judicial proceedings begin, on the condition that suspects participate in and complete a program?

A)diversion cases
B)validated cases
C)discretion-laden cases
D)selective cases

Question 19

A grand jury is composed of a group of:

A)defense attorneys.
B)private citizens.
C)trial judges.
D)police officers.

Question 20

Diversion involves which of the following activities?

A)Diverting suspects into treatment programming as a measure to avoid trials, which might involve the conditional dropping of charges.
B)Assigning 24-hour oversight of offenders with a history of two or more offenses because of jail overcrowding.
C)Ensuring that parolees are able to divert funds into savings accounts for paying fines.
D)Sending the convicted offenders to jail by first diverting them to work programs.

Question 21

In Strickland v. Washington , the Court created a two-prong test to evaluate which aspect of the criminal defendant's experience?

A)the effectiveness of counsel in criminal proceedings
B)the appropriate construction of a jury at voir dire
C)the likelihood of prejudice warranting a change of venue
D)the reasonableness of accommodations in pretrial detention

Question 22

Two procedures test the government's case against defendants prior to trial:

A)the first appearance and the arrest warrant.
B)the arrest warrant and the preliminary hearing.
C)the grand jury review and the preliminary hearing.
D)the grand jury review and the arrest warrant.

Question 23

Which case allowed the right to counsel for "indigents" for felonies?

A)Bell v. Wolfish
B)Mapp v. Ohio
C)Gideon v. Wainwright
D)Terry v. Ohio

Question 24

According to the dual sovereignty doctrine:

A)prosecuting and punishing a defendant for the same act in separate jurisdictions violates the double jeopardy clause.
B)the federal government cannot prosecute a defendant for a similar state crime.
C)different jurisdictions can prosecute and punish a defendant for the same conduct.
D)state governments cannot charge defendants for the same felony.

Question 25

According to the prima facie case rule, the judge can bind over a defendant if the prosecution presents evidence that could, if not rebutted, convict the defendant.

Question 26

The speedy trial clause prohibits:

A)any delay in prosecution.
B)delays caused by the state.
C)delays due to trials of other defendants.
D)only undue delays.

Question 27

A judge can order prevention detention after deciding that the defendant either won't appear or is a threat to public safety. What level of proof is required in this situation?

A)probable cause
B)clear and convincing evidence
C)proof beyond a reasonable doubt
D)preponderance of the evidence

Question 28

If an arrested person does not receive a judicial determination of probable cause within 48 hours, the state bears the burden of proving that there has not been an unreasonable delay.

Question 29

The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.

Question 30

If defendants are indicted or bound over, what is the next step in the criminal process?

A)pretrial motions
B)diversion
C)imprisonment
D)arraignment

Question 31

The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof.

Question 32

If a defendant's constitutional right to a speedy trial is violated:

A)the charges against the defendant are dismissed.
B)the time the defendant spent in jail awaiting trial is deducted from the sentence.
C)the court determines the date on which the trial should have commenced, and deducts from the sentence the period of time between that date and the actual trial start date.
D)the prosecution must go back to the grand jury stage and start over.

Question 33

Which case addressed the issue of whether pretrial conditions before convictions constitute punishment?

A)Bell v. Wolfish
B)U.S. v. Leon
C)Terry v. Ohio
D)Mapp v. Ohio

Question 34

After grand jurors are sworn in, they are charged by the:

A)prosecutor.
B)judge.
C)clerk of court.
D)foreman.

Question 35

What right-to-counsel standard holds that only lawyers whose behavior is so shocking that it turns the trial into a joke are constitutionally ineffective?

A)the authorized-imprisonment standard
B)the bind-over standard
C)the reasonably-competent-attorney standard
D)the mockery-of-justice standard

Question 36

You not only have the right to counsel, but also the right to:

A)comparative counsel.
B)affordable counsel.
C)effective counsel.
D)reasonable counsel.

Question 37

Misdemeanor defendants commonly enter a plea at their first appearance.

Question 38

The test for allowing a defendant to be jailed prior to trial is based on:

A)clear and convincing evidence that the defendant either won't appear or is a threat to public safety.
B)whether the victim has received death threats.
C)whether the offense is a misdemeanor.
D)prior criminal history only.

Question 39

The process for allowing judges to deny bail to dangerous defendants is referred to as:

A)selective enforcement.
B)selective incapacitation.
C)judicial prerogative.
D)preventive detention.

Question 40

A factor that the court can consider in deciding a motion for a change of venue is:

A)a trial at a distant location places a burden on the witnesses.
B)the courts in the community where the crime occurred are busy.
C)the prosecutor's office in the community where the crime occurred is short-staffed.
D)the police in the community where the crime occurred want the trial to remain in their jurisdiction.

Question 41

All dismissals because of speedy trial violations are with prejudice.

Question 42

Prosecutors' discretionary power to charge is practically _______________.

Question 43

The formal name for the place where a trial is held is the _______________.

Question 44

A lawyer who gets paid by the client is called _______________ counsel.

Question 45

The actual prejudice test deals with the effects of harmful publicity.

Question 46

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as _______________.

Question 47

The pretrial detention of dangerous suspects who pose a threat to community safety is called _______________ _______________.

Question 48

Due process of law requires not just counsel, but effective counsel.

Question 49

Most recent legal commentary supports the grand jury process.

Question 50

The Constitution ensures that a change of venue occurs only at the defendant's request and only where great _______________ would otherwise exist.

Question 51

Defendants may only plead nolo contendere with the permission of the court.

Question 52

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.

Question 53

Both the state and the defense may move for a change of venue.

Question 54

Criminal defendants have an absolute right to bail that is guaranteed by the United States Constitution.

Question 55

Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of double jeopardy, according to the _______________ _______________ doctrine.

Question 56

Preliminary hearings are adversarial proceedings.

Question 57

A jury that cannot reach a verdict after lengthy deliberations is a(n)_______________ jury.

Question 58

The current test used to evaluate the effectiveness of counsel only requires a defendant to show that the attorney's performance was not reasonably competent.

Question 59

A decision by a prosecutor not to bring charges for a crime if the suspect performs community service instead is called _______________.

Question 60

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to the charges is called the _______________.

Question 61

Explain the difference between probable cause to detain a suspect and probable cause to go to trial.

Question 62

Identify, define, and explain the two prongs of SCOTUS's test of effective counsel, as adopted in Strickland v. Washington .

Question 63

Explain the constitutional right to bail. Identify three constitutional rights that the bail system denies to poor defendants, and explain how each is denied.

Question 64

Identify and describe the types of pretrial motions. What is the purpose of having pretrial motions?

Question 65

List and describe the differences between testing the government's case by preliminary hearing and testing it by grand jury review.