Deck 10: Pretrial Procedures

Question 1

Which of the following is the required level of proof for an officer to make an arrest without a warrant?

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

Answer 1

C

Question 2

Under which charging policy do prosecutors only file charges if they feel they have sufficient evidence and a strong likelihood of conviction?

A) legal sufficiency
B) trial sufficiency
C) system efficiency
D) defendant rehabilitation

Answer 2

B

Question 3

Under which charging policy do prosecutors file charges in any situation where the legal elements of a crime are present?

A) legal sufficiency
B) trial sufficiency
C) system efficiency
D) defendant rehabilitation

Answer 3

A

Question 4

Which of the following is not one of the primary legal factors that prosecutors use to judge convictability?

A) seriousness of the offense
B) strength of evidence in the case
C) culpability of the defendant
D) severity of possible punishment

Question 5

For which of the following offenses do many question the "wisdom of state intervention?"

A) sexual assault
B) domestic violence
C) child neglect
D) driving under the influence

Question 6

Which of the actors in the criminal court system benefit from plea bargaining?

A) prosecutors
B) defense attorneys
C) victims
D) all of these

Question 7

What practice is also referred to as a slow plea of guilty?

A) initial appearance
B) booking
C) arraignment
D) jury waiver

Question 8

Which of the following is an alternative to indictment by a grand jury?

A) petty indictment
B) due process indictment
C) bill of charge
D) filing of an information

Question 9

Which amendment requires the federal government to take a criminal case forward by means of a grand jury indictment?

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

Question 10

Charges filed against a defendant are outlined in an information or a(an) ______.

A) warrant
B) subpoena
C) indictment
D) booking sheet

Question 11

At which point in the criminal process for a felony offense is the defendant formally notified of the charges?

A) booking
B) initial appearance
C) arraignment
D) during the pretrial motions

Question 12

What is the process by which both parties to the case learn of the evidence the opposing side will use?

A) discovery
B) bargaining
C) change of venue
D) arraignment

Question 13

Which of the following pleas is used to state the desire of the defendant not to contest the charge?

A) standing mute
B) nolo contendre
C) alford plea
D) mercy plea

Question 14

Evidence that tends to show the defendant's innocence is known as ______.

A) exculpatory evidence
B) incriminating evidence
C) discovery
D) substantive evidence

Question 15

Which of the following pretrial motions is a request that one side provide evidence to the other side?

A) motion for dismissal of charges
B) motion for a change of venue
C) motion for discovery
D) motion to suppress evidence

Question 16

What type of motion is used to move a case to another jurisdiction?

A) motion for discovery
B) motion to suppress
C) motion to dismiss
D) motion for a change of venue

Question 17

Which of the following is not one of the reasons plea bargaining became more common over time?

A) less concern over defendant's rights
B) increasing complexity of the system
C) increasing numbers of cases
D) increasingly competent defense representation

Question 18

Under which circumstances can a judge refuse to allow a plea bargain and force a defendant to go to trial?

A) if the prosecutor "abused his or her discretion"
B) if the prosecutor acted in "bad faith"
C) if the prosecutor exercised "poor judgment"
D) never

Question 19

Ad hoc plea bargaining refers to ______.

A) pleas made after the prosecution has rested its case at trial
B) pleas made after both sides have rested their cases at trial
C) pleas involving unusual concessions made by the defendant
D) pleas initially rejected by the defense but later accepted

Question 20

The primary benefit of plea bargaining is that ______.

A) all defendants get their "day in court"
B) cases are handled quickly
C) only the guilty accept plea bargains
D) only the most serious cases go to trial

Question 21

According to California's restrictions on plea bargaining, under which of the following scenarios might a plea bargain be allowed?

A) a case involving a murder
B) a case involving an armed robbery
C) a case involving petty theft
D) a case involving drunk driving

Question 22

Which of the following is not suggested by research as a major factor influencing prosecutors' plea bargaining decisions?

A) strength of evidence
B) seriousness of the offense
C) defendant's criminal record
D) defendant's employment status

Question 23

Sentence agreements reduce the judge's discretion.

Question 24

A guilty plea occurs when a defendant admits committing a crime.

Question 25

The Eighth Amendment to the U.S. Constitution requires the federal government to proceed via an indictment, handed down by a grand jury.

Question 26

When a grand jury returns an indictment, they return what is called a "true bill."

Question 27

Suspects who are arrested will be booked at the arresting officer's station.

Question 28

The initial appearance serves to advise the suspect why he or she is being detained and to explain what the suspect's rights are.

Question 29

The nolo contendere plea is not allowed in all states.

Question 30

A pretrial motion asking for a change in jurisdiction is a motion for suppression.

Question 31

Discovery is a two-way process in which both the prosecution and defense must exchange certain types of evidence.

Question 32

Plea bargaining became increasingly common following the Civil War.

Question 33

A guilty plea requires that the defendants admit and explain (known as allocution) what happened.

Question 34

Not all guilty pleas result from plea bargains.

Question 35

Overcharging is one concern regarding plea bargains.

Question 36

Only defense attorneys employ the services of professional jury consultants to help them determine what type of person is more likely to favor the prosecution or defense.

Question 37

All evidence on the subject suggests that White defendants receive more/better plea deals than racial minorities.

Question 38

Describe how the criminal process begins.

Question 39

Describe the booking process.

Question 40

Discuss two reasons why a prosecutor might decide not to file charges against a suspect who has been arrested by the police.

Question 41

Compare and contrast legal sufficiency policy and trial sufficiency policy.

Question 42

Explain the process of an initial appearance.

Question 43

Explain the Constitutionality of bail.

Question 44

Describe the purpose of an arraignment.

Question 45

Explain a standing mute plea, nolo contender, and guilty plea.

Question 46

Describe why an attorney would file a motion for a change of venue.

Question 47

Explain the purpose of a preemptory challenge.

Question 48

Identify and explain the arguments for and against plea bargaining.

Question 49

Explain the rationale for using grand juries to indict, especially for federal offenses and state felonies.

Question 50

Explain what factors influence a judge's decision of whether or not to grant bail and how and why these factors are considered.

Question 51

Explain the "gateway to justice." What are some of the factors prosecutors consider when deciding whether or not to charge a suspect?

Question 52

Explain the discovery process. In what ways does discovery differ from state to state?