Deck 7: Trials and Trial Procedures

Question 1

Which of the following is not a part of the plea-bargaining process?

A) Potential sentence.
B) Charges filed.
C) Number of counts against the defendant.
D) Establishment of probable cause for arrest.

Answer 1

D

Question 2

After arrest, individuals are held temporarily without release options so that what can take place?

A) Investigation.
B) Initial appearance.
C) Arraignment.
D) Sentencing.

Answer 2

A

Question 3

The purpose of _________ is to ensure that a suspect appears for the next court hearing.

A) Initial appearances.
B) Arraignment.
C) Bail.
D) Preventive detention.

Answer 3

C

Question 4

In which of the following cases did the Supreme Court sanction the use of preventive detention?

A) Williams v. Florida.
B) Miranda v. Arizona.
C) Gideon v. Wainwright.
D) United States v. Salerno.

Question 5

The least restrictive method of posting bail is through

A) Bail bondsmen.
B) Property bonds.
C) Release on recognizance.
D) Percentage deposits.

Question 6

If a suspect fails to appear in court, a bail bondsman may hire a(n) __________ to locate the suspect.

A) Bond agent.
B) Bounty hunter.
C) Skip-tracer.
D) All of the above.

Question 7

According to County of Riverside v. McLaughlin, initial appearances must take place within ____ hours after an arrest.

A) 24.
B) 36.
C) 48.
D) 72.

Question 8

A defendant is asked to enter a plea during a(n)

A) Initial appearance.
B) Arraignment.
C) Preliminary hearing.
D) Grand jury hearing.

Question 9

Which of the following is not a due process right that may be addressed at an arraignment?

A) Right to a speedy and public trial.
B) Right to a trial by jury.
C) Right to confront accusing witnesses.
D) Right of free speech.

Question 10

Who is in the position of greatest power during the plea-bargaining process?

A) The prosecuting attorney.
B) The defense attorney.
C) The investigating officer.
D) The judge.

Question 11

All parties obtain ___________ through plea bargaining.

A) Certainty.
B) Sentencing.
C) Reform.
D) Justice.

Question 12

Which case established the current standard for the admissibility of scientific evidence?

A) Frye v. United States.
B) J. E. B. v. Alabama.
C) Daubert v. Merrell Dow Pharmaceuticals.
D) Burch v. Louisiana.

Question 13

____________ juries are locked behind closed doors during deliberations and are not allowed to go home, watch television, or read the newspaper until a verdict has been reached.

A) Hung.
B) Sequestered.
C) De novo.
D) Forfeited.

Question 14

___________ means that people should be incarcerated to limit their ability to commit crimes.

A) Retribution.
B) Restorative justice.
C) Incapacitation.
D) Deterrence.

Question 15

___________ looks to the future and presumes that if appropriate treatment is provided to offenders, the criminal justice system can help limit the crimes that they commit in the future.

A) Deterrence.
B) Incapacitation.
C) Restorative justice.
D) Rehabilitation.

Question 16

___________ seeks to correct the imbalance that was created between individuals and groups within a society when a law violation occurred.

A) Retribution.
B) Restorative justice.
C) Deterrence.
D) Rehabilitation.

Question 17

Which of the following rights is a concern to prosecutors when dealing with a motion for continuance?

A) Public trial.
B) Speedy trial.
C) Bench trial.
D) Jury trial.

Question 18

According to Williams v. Florida, six-person juries are permitted for

A) Civil cases.
B) Misdemeanor cases.
C) Noncapital felony cases.
D) All of the above.

Question 19

All of the following are sentencing justifications discussed in the text except

A) Deterrence.
B) Rehabilitation.
C) Retribution.
D) Compensation.

Question 20

The initial questioning by the party that called a witness is

A) Direct examination.
B) Cross examination.
C) Voir dire.
D) None of the above.

Question 21

Police officers can make arrests for felonies without a warrant if they have probable cause.

Question 22

The purpose of bail is to punish offenders for economic crimes.

Question 23

The Supreme Court case of United States v. Salerno permitted the use of preventive detention in cases where there is a flight risk or threats to public safety.

Question 24

One of the chief reasons for conducting a preliminary hearing is to ensure that there is sufficient probable cause for the case to go forward.

Question 25

Grand jury hearings are normally open to the public.

Question 26

The Constitution stipulates that grand juries must be composed of 12 members.

Question 27

When a grand jury returns a true bill this is also known as an indictment.

Question 28

When a defendant pleads nolo contendere this allows the judge to sentence the person as if there was a guilty plea.

Question 29

Most other nations have the same plea-bargaining practices as the United States.

Question 30

When we incarcerate people to limit their criminal opportunities this is known as incapacitation.

Question 31

Discuss the use of scientific evidence in the courtroom and the factors that must be considered to establish scientific validity. What are the advantages and disadvantages to using scientific evidence in court? Should this type of evidence be used by judges and juries with no scientific training? Explain your reasoning.

Question 32

Discuss the factors that make a trial a high-profile event that commands public attention. What issues does it raise that this is often the public's perception of the criminal justice process? Be specific and give examples.

Question 33

What is excessive bail? What factors should be taken into consideration when determining whether bail should be granted and in what amount? Should all accused individuals have a right to bail? Explain your reasoning.

Question 34

Discuss the "art" or "science" of jury selection and the effects that it has on the legal system. Is it problematic that an attorney's skill at jury selection may decide a case's outcome?

Question 35

Discuss the reasons that a defendant might elect to have a jury versus a bench trial.

Question 36

Examines a convicted person's work history, education, family history, and prior criminal history.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 37

Gives defendants the right to grand jury indictment.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 38

Motion to compel disclosure of information related to litigation.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 39

Gives defendants the right to a trial by jury.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 40

Civil motion that requests that the court limit issues or evidence that can be presented at trial.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 41

Conducting an entirely new trial on appeal.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 42

Motion for a trial to be moved to a different location.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 43

Motion for a trial to be postponed until a different time.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 44

Protects defendants from excessive bail.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention

Question 45

Idea that there are some situations that require the accused to remain incarcerated without bail.

A) Fifth Amendment
B) Sixth Amendment
C) Eighth Amendment
D) Change of venue
E) In limine
F) Continuance
G) Presentence investigation report
H) De novo
I) Discovery
J) Preventive detention