Deck 8: Pretrial Procedures and the Criminal Trial

Question 1

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 tochallenge, or contest, the charges brought by the government? ​

A)Habea s corpu s
B)Corpus delicti
C)Nolle prosequi
D)Nolocontendere

Answer 1

D

Question 2

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

Answer 2

A

Question 3

The first step toward determining the suspect ' s guilt or innocence after an arrest has been made is referred toas a(n): ​

A)indictment
B)information
C)initial appearance
D)preliminary hearing

Answer 3

C

Question 4

In the case of_________________, the Supreme Court held that a defendant's decision not totestify during the trial cannot be held against him or her.

A)Adamson v. California
B)Batson v Kentucky
C)J.E.B. v. Alabama
D)Swain v. Alabama

Question 5

Which type of challenge is one used toexclude 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 6

The preliminary questions that the trial attorneys ask prospective jurors todetermine whether they are biased or have any connection with the defendant or witness is referred toas: ​

A)juror questionnaire.
B)juror proclamation.
C)venire.
D)voir dire.

Question 7

Which amendment states that noperson "shall be compelled in any criminal case tobe a witness against himself"? ​

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

Question 8

What is the formal investigation prior totrial in which the defense uses various methods toobtain information from the prosecution toprepare for trial? ​

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

Question 9

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 10

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 11

The burden of proof in a criminal trial is referred toas: ​

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

Question 12

once the initial appearance has been completed and bail is set, the prosecutor must then attempt toestablish: ​

A)preponderance of the evidence.
B)evidence beyond a reasonable doubt.
C)reasonable suspicion.
D)probable cause.

Question 13

What is the most important factor in deciding whether toprosecute? ​

A)The prosecutor's belief in the defendant's guilt
B)The reliability of victims
C)Whether sufficient evidence exists togain a conviction
D)Whether or not the victim is willing tocooperate

Question 14

In_______________, the Supreme Court held that jurors may not be excluded based on their race.

A)Bell. v. West Virginia
B)Adamson v. California ​
C)Batson v. Kentucky
D)Swain v. Alabama

Question 15

During the_________, the defendant appears before a judge or magistrate, whodecides whether the evidence presented is sufficient for the case toproceed totrial.

A)arraignment
B)booking
C)initial appearance
D)preliminary hearing

Question 16

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

A)proclamation.
B)examination.
C)indictment.
D)information.

Question 17

The type of legal challenge in which the attorney states the reason why a prospective juror should not be included on the jury is referred toas: ​

A)challenge for cause.
B)peremptory challenge.
C)venire challenge.
D)voir dire challenge.

Question 18

Excessive bail is prohibited under the_______Amendment.​

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

Question 19

Legislative time limits that require prosecutors tocharge 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 20

All of the following are reasons that a defendant pleads not guilty EXCEPT : ​

A)gain a more favorable plea bargain.
B)challenge a crucial part of the evidence based on constitutional grounds.
C)he or she is unsatisfied with his or her public defender and demands a new lawyer.
D)submit one of the affirmative defenses available.

Question 21

A judicial order that commands a correctional official tobring a prisoner before a federal court sothat 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 22

What is the formal decision rendered by the jury? ​

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

Question 23

A(n)_____witness is one whocan truthfully and accurately testify on a fact in question without having specialized training or knowledge.​

A)expert
B)lay
C)specialized
D)technical

Question 24

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 25

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 26

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 27

A(n)_____jury is one in which the jury members are soirreconcilably divided in their opinions that they cannot reach a verdict.

A)decided
B)hung
C)sequestered
D)unanimous

Question 28

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 toappeal the verdict.
B)It guarantees that once exonerated, a defendant cannot be tried a second time for the same offense in that particular jurisdiction.
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 29

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 30

The prohibition against double jeopardy is provided for in the: ​

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

Question 31

The examination of a witness by the attorney whocalls the witness tothe stand totestify is called: ​

A)cross-examination.
B)direct examination.
C)rebuttal examination.
D)surrebuttal examination.

Question 32

The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NoT one of those types of information? ​

A)Facts of data of which they have personal knowledge
B)opinions about the defendant based on their expert knowledge
C)Material presented at the trial ​
D)Secondhand information given tothe expert outside the courtroom

Question 33

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
At which step leading up tothe criminal trial will the judge make the decision toset bail or order Andrew toremain in jail awaiting his trial? ​

A)Booking
B)Initial appearance
C)Indictment
D)Arraignment

Question 34

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
A judge denying Andrew bail because he is fearful that Andrew will commit a crime if released before trial is known as: ​

A)preventive detention.
B)proactive detention.
C)reactive detention.
D)statutory detention.

Question 35

Evidence witnessed by the person giving the testimony is: ​

A)real evidence.
B)circumstantial evidence.
C)hearsay.
D)direct evidence.

Question 36

What type of evidence tends toprove or disprove a fact in question? ​

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

Question 37

Towhom is the appeals process available? ​

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

Question 38

​After the defense closes its case, the prosecution is permitted tobring new evidence forward that was not used during its initial presentation tothe jury. This is called the______stage of the trial.

A)cross-examination
B)final rebuke
C)rebuttal
D)surrebuttal

Question 39

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 40

Which amendment contains the "confrontation clause," or the right tocross-examine witnesses?c ​

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

Question 41

The arraignment resembles a mini trial. ​

Question 42

Circumstantial evidence is not admissible in court. ​

Question 43

All defendants have a guaranteed right tobail. ​

Question 44

only a criminal defendant has the right to"take the Fifth" during a criminal trial. ​

Question 45

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
The judge decides toset Andrew's bail at $1.5 million. Andrew's family owns a home that is worth $1 million. They want touse this property topost Andrew's bail. What is the most likely result of this request? ​

A)The judge will approve the property bond because it is close tothe bail amount.
B)The judge will approve the property bond because the value of the property must be at least half of the set bail.
C)The judge will not approve the bail because the property is not equal tothe bail amount.
D)The judge will not approve the bail because the property is not valued at double the bail amount.

Question 46

If the defendant waives her or his right totrial by jury, a bench trial takes place in which a judge decides questions of legality and fact, and nojury is involved. ​

Question 47

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

Question 48

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

Question 49

The plea bargain allows the defendant a measure of control over his or her fate. ​

Question 50

A majority of criminal convictions in state courts are the result s of actual criminal trials . ​

Question 51

Each jurisdiction has its own bail tariffs. ​

Question 52

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

Question 53

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

Question 54

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
Once the judge set Andrew's bail at $1.5 million, Andrew's family contacts a bail bond agent. What percentage of the cash bail will the bail bond agent usually request in order topost a bail on Andrew's behalf? ​

A)5 percent
B)10 percent
C)20 percent
D)25 percent

Question 55

Bail is provided for under the Eighth Amendment. ​

Question 56

Prosecutors may turn toplea bargaining toobtain a conviction in a questionable case. ​

Question 57

Case 8-1 Andrew was arrested and charged with second degree murder. His family was able togather enough money toretain a well-respected criminal defense attorney. His attorney believes that it is very important toget Andrew out of jail on bail sohe can assist him with his defense. The community prefers that he remain in custody.
Andrew's attorney believes that it may be in Andrew's best interest toplead guilty tothe charges against him. His attorney is concerned that the evidence against Andrew is overwhelming and a jury will most likely find him guilty if they gototrial. Andrew decides toplead guilty in exchange for a fifteen-year prison sentence. What form must Andrew complete that proves Andrew is pleading guilty voluntarily and with full comprehension of the consequences? ​

A)Alford form
B)Boykin form
C)Gideon form
D)Gideon form

Question 58

The plea of not guilty is fairly common at an arraignment. ​

Question 59

Defendants have the right toeffective representation during plea negotiations. ​

Question 60

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

Question 61

The Supreme Court held that the__________________must occur "promptly," typically within forty-eight hours of booking.

Question 62

outline and provide a short description of each of the six steps leading toa trial. ​

Question 63

The group of citizens whoare called todecide whether probable cause exists tobelieve that a suspect committed the crime with which she or he has been charged is called a(n)_____________________.

Question 64

In an Allen Charge, the judge declares the jury tobe hung. ​

Question 65

A(n)_____________________is a witness whocan truthfully and accurately testify on a fact in question without having specialized knowledge or training.

Question 66

The____________________________is the law limiting the amount of time prosecutors have tobring criminal charges against a suspect after the crime has occurred.

Question 67

_______________is verbal evidence given by witnesses under oath.

Question 68

The formal investigation by each side prior totrial is the process of___________________.

Question 69

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

Question 70

During the appeals process, the burden of proof rests with the defense. ​

Question 71

______________________is the dollar amount or conditions set by the court toensure that an individual accused of a crime will appear for further criminal proceedings.

Question 72

Presenting an alibi is an example of an affirmative defense. ​

Question 73

The_______________________is a kind of "road map" that describes the destination each attorney is trying toreach.

Question 74

The_______________is the group of citizens from which the jury is selected.

Question 75

__________________________is indirect evidence that is offered toestablish, by inference, the likelihood of a fact that is in question.

Question 76

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

Question 77

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

Question 78

If unable topost bail with cash or property, a defendant may arrange for a(n)_____________________________topost a bail bond on the defendant's behalf.

Question 79

________________________is the process by which the accused and the prosecutor work out a mutually satisfactory conclusion tothe case, subject tocourt approval.

Question 80

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