Question 1

At which stage of criminal case processing is a defendant brought before a judge, informed of the charges against them, and possibly granted pretrial release?&#10;A) Initial appearance&#10;B) Arraignment&#10;C) Sentencing&#10;D) Grand jury hearing

Accepted Answer

The stage described in the question is the initial appearance, where a defendant is brought before a judge, informed of the charges against them, and may be granted pretrial release. The arraignment stage is where the defendant enters a plea of guilty or not guilty. Sentencing is the stage where the judge imposes a sentence after the defendant has been found guilty or has pleaded guilty. A grand jury hearing is a stage in the process of determining probable cause to indict, which may or may not involve the defendant's presence.

Question 2

For petty offenses or infractions, magistrates may conduct a _______ trial and sentence guilty offenders at the initial appearance.&#10;A) preliminary&#10;B) summary&#10;C) jury&#10;D) extenuated

Accepted Answer

A summary trial is a trial for petty offenses or infractions, in which the magistrate hears the case and determines guilt or innocence without a jury. If the defendant is found guilty, the magistrate may also sentence them at the initial appearance. A preliminary trial is also known as a preliminary hearing, and involves the magistrate deciding whether there is enough evidence for the case to proceed to trial. A jury trial is reserved for more serious offenses, and involves a group of citizens deciding guilt or innocence. There is no such thing as an "extenuated trial."

Question 3

As provided by the _______ Amendment, defendants have the right to be informed of the charges against them, which is done at the initial appearance.&#10;A) Fourth&#10;B) Fifth&#10;C) Sixth&#10;D) Eighth

Accepted Answer

The Sixth Amendment provides defendants with the right to be informed of the charges against them, which is done at the initial appearance. The Fourth Amendment protects against unreasonable searches and seizures, the Fifth Amendment provides protection against self-incrimination and double jeopardy, and the Eighth Amendment prohibits excessive bail and fines and cruel and unusual punishments. None of these amendments specifically address the right to be informed of charges.

Question 4

What type of warrant is issued by a judge requesting the arrest of an individual who violated a court order?&#10;A) Bench&#10;B) Judicial&#10;C) Court&#10;D) Jury

Accepted Answer

A bench warrant is issued by a judge when an individual fails to appear in court, violates a court order, or is in contempt of court. It authorizes law enforcement to arrest the individual and bring them before the judge.

Question 5

Which of the following involves defendants using a bonding agency to post the bail?&#10;A) Deposit bail&#10;B) Pretrial bond&#10;C) Surety bond&#10;D) Unsecured bail

Accepted Answer

Surety bond involves defendants using a bonding agency to post the bail.

Question 6

Martha was arrested and taken into custody. At her initial appearance, the judge released her from custody on her promise to return for all of her future court hearings. What type of pretrial release did Martha receive?

A) Surety bond
B) Third-party custody
C) Conditional release
D) Release on recognizance

Accepted Answer

Martha received a release on recognizance, which is a type of pretrial release in which the defendant is released from custody without having to pay any bail or provide a surety bond. Instead, the defendant is allowed to leave on their own recognizance, with the promise to return for all future court appearances. This type of release is only granted to defendants who are considered low flight risks and who are not perceived as a danger to the community.

Question 7

The 1884 U.S. Supreme Court case Hurtado v. California declared that&#10;A) convictions require proof beyond a reasonable doubt.&#10;B) states did not have to provide a grand jury.&#10;C) pretrial release was not guaranteed.&#10;D) privately secured release was unconstitutional.

Accepted Answer

Hurtado v. California declared that states did not have to provide a grand jury. The case was brought forth by Joaquin Hurtado, who argued that he was denied due process under the Fourteenth Amendment because he was not indicted by a grand jury. The Supreme Court ultimately ruled that the Fifth Amendment's requirement for a grand jury only applied to federal cases, and therefore states were not required to provide one for state criminal trials.

Question 8

Defendants who are taken into custody have a right to appear before a judge within 48 hours of their arrest.

Accepted Answer

This is known as the "48-hour rule" and is based on the Fourth Amendment's requirement for prompt judicial review of arrests.

Question 9

Most cases are dismissed at the preliminary hearing, simply because establishing probable cause is particularly difficult.

Accepted Answer

Most cases are not dismissed at the preliminary hearing; establishing probable cause is generally not difficult, as it requires only a reasonable basis to believe a crime was committed and the defendant was involved.

Question 10

Sometimes grand juries may be assembled prior to an arrest. For instance, a prosecutor who has evidence against a high-profile individual may assemble a grand jury to determine if the jurors believe there is enough evidence to support the arrest.

Accepted Answer

This statement is true. Grand juries can be used as a means for prosecutors to determine if there is enough evidence to support an arrest prior to actually making the arrest.

Question 11

Grand juries in all states must contain 12 members.

Accepted Answer

The answer of Grand juries in all states must contain...

Question 12

Pretrial motions may be requested at any time following a not guilty plea and prior to the start of trial.

Accepted Answer

The answer of Pretrial motions may be requested at any...

Question 13

Laws governing discovery are constantly changing, although the trend is toward restricting the right to discovery for both the defense and prosecution.

Accepted Answer

The answer of Laws governing discovery are constantly changing, although...

Question 14

A disadvantage of plea bargaining is that it undermines the integrity of our justice system.

Accepted Answer

The answer of A disadvantage of plea bargaining is that...

Question 15

Identify and describe the various means by which defendants may receive pretrial release.

Accepted Answer

The answer of Identify and describe the various means by...

Question 16

Should we permit plea bargaining in our justice systems? What are the pros and cons of using it?

Accepted Answer

The answer of Should we permit plea bargaining in our...

Deck 23: Courtroom Practices and Pretrial Procedures