Deck 2: Criminal Trial Procedure

Question 1

Who can issue an arrest warrant?

A) Judge of an appellate court
B) Commanding law enforcement officer
C) Justice of the U.S. Supreme Court
D) Judge of a trial court

Answer 1

Judge of a trial court

Question 2

What term describes a reasonable belief based on the facts known at the time that an offense has been committed?

A) Possible cause
B) Probable cause
C) Criminal offense
D) Criminal action

Answer 2

Probable cause

Question 3

What is the legal basis for the police search of the arrested person or the arrested person's property?

A) Valid search warrant
B) Permissible exception
C) All of the above
D) None of the above

Answer 3

All of the above

Question 4

The Miranda warning includes a right of an arrested suspect to consult with what person?

A) Trial judge
B) Human rights advocate
C) Lawyer
D) Law enforcement officer

Question 5

What rights of arrested suspects are included in the Miranda warning?

A) Universal human rights
B) Constitutional rights
C) Citizen rights
D) Legal rights

Question 6

According to the Miranda warning, what statements made by arrested defendants may be used against them to gain conviction?

A) Any statement
B) Any incriminating statement
C) Any statement made in the presence of a lawyer
D) Any statement made under oath

Question 7

What term describes a written statement of the essential facts making up the offense charged?

A) Prosecutor's complaint
B) Preliminary complaint
C) Official complaint
D) Criminal complaint

Question 8

Where does a preliminary hearing take place?

A) Sheriff's office
B) Trial court
C) Appellate court
D) Town hall

Question 9

If a preliminary hearing results in the judge's finding of probable cause, what is a possible outcome for the defendant?

A) Be kept in jail
B) Be released on bail
C) Be released on personal recognizance
D) All of the above

Question 10

In felony cases, what are ways to bring formal charges against the defendant?

A) Criminal complaint
B) Indictment
C) Information
D) Both B and C

Question 11

In felony cases, who brings formal charges by an information?

A) Grand jury
B) Trial judge
C) Prosecutor
D) Sheriff

Question 12

After listening to the evidence presented by the prosecutor, what must a grand jury decide?

A) Whether or not the defendant has committed a crime
B) Whether or not there is enough evidence to charge the defendant with the commission of a crime
C) Whether or not the defendant may be released on bail
D) Whether or not there is probable cause

Question 13

How may a defendant plead?

A) Guilty
B) Not guilty
C) Nolo contendere
D) All of the above

Question 14

Why would a defendant agree to enter a plea bargain?

A) To plead guilty to a lesser offense in exchange for a lighter sentence
B) To be released on bail
C) To be released on personal recognizance
D) None of the above

Question 15

In what situation is the date set for a trial?

A) Defendant enters a plea bargain
B) Defendant pleads "guilty"
C) Defendant pleads "not guilty"
D) Defendant pleads "nolo contendere"

Question 16

What does reasonable doubt mean?

A) Uncertainty based on feelings and emotions
B) Real doubt based on reason and common sense
C) Cognitive dissonance
D) Personal disbelief in the defendant's guilt

Question 17

What term describes the necessary mental state preceding the criminal act?

A) Criminal intent
B) Criminal mind
C) Illegal intent
D) Criminal inclination

Question 18

In case of reasonable doubt, what must the outcome of the trial be?

A) Case must be retried with a different jury
B) Case must be dismissed
C) Defendant must be released without the exoneration of guilt
D) Defendant must be acquitted

Question 19

What punishment does the court impose on the defendant found guilty in a criminal case?

A) Citation
B) Sentence
C) Extradition
D) Arrest

Question 20

Who serves the remainder of a sentence outside of prison under specific terms?

A) Convict
B) Malefactor
C) Parolee
D) Defendant

Question 21

What term describes several sentences imposed on the defendant that must be served at the same time?

A) Concurrent sentences
B) Consecutive sentences
C) Cumulative sentences
D) All of the above

Question 22

What term describes a conditional release from prison?

A) Bail
B) Parole
C) Personal recognizance
D) Pardon

Question 23

What group of people is authorized to grant parole?

A) Parole board
B) Parole panel
C) Parole committee
D) Parole agency

Question 24

An indigent defendant has a right to be represented by what kind of an attorney?

A) Any criminal attorney
B) Attorney acquainted with a judge
C) Attorney appointed by a judge
D) Any attorney chosen by the defendant

Question 25

With respect to witnesses, what rights does the defendant have?

A) Summon witnesses
B) Confront witnesses
C) Cross-examine witnesses
D) All of the above

Question 26

The right of the defendant to be presumed innocent until proven guilty is based on what source of law?

A) U.S. Constitution
B) Federal statute
C) State statute
D) Common law

Question 27

What is a constitutional right of defendants in criminal cases?

A) Remain silent
B) Consult with a lawyer
C) Be represented by a lawyer
D) Have a lawyer present during questioning

Question 28

What term describes a trial divided into two parts?

A) Separated
B) Divided
C) Bifurcated
D) Severed

Question 29

What are characteristics of severance of action?

A) Multiple parties
B) Separation of an initial lawsuit into several independent cases
C) Separate final judgments
D) All of the above

Question 30

What document(s)give federal judges broad discretion to grant a severance of action?

A) U.S. Constitution
B) State constitutions
C) Federal Rules of Criminal Procedure
D) State codes

Question 31

A prosecution is a criminal action.

Question 32

A prosecution begins with the issuance of a writ of certiorari.

Question 33

To arrest a suspect without an arrest warrant, a law enforcement officer needs probable cause.

Question 34

According to the Miranda warning, lawyers will be provided without cost for all defendants.

Question 35

Any statement made by a suspect in the presence of law enforcement officers can be used as evidence in court.

Question 36

Arrested suspects may be informed at any time about their constitutional rights.

Question 37

A preliminary hearing is also known as a probable cause hearing.

Question 38

The purpose of a preliminary hearing is to determine whether a suspect has committed a crime.

Question 39

An information is a formal written charge of crime made by a grand jury.

Question 40

In the federal system, a grand jury is a jury consisting of between 16 and 23 persons.

Question 41

The defendant's plea of "nolo contendere"
means the admission of the charges.

Question 42

After a plea bargaining, a date is set for a trial.

Question 43

In a nonjury trial, the judge is a fact finder.

Question 44

Beyond reasonable doubt means absolute certainty.

Question 45

A victim's impact statement is a statement to the court relating the impact that the crime had on the public at large.

Question 46

In federal cases, the President of the United States has the power for a commutation of sentence.

Question 47

The defendant has the right to be free from any search and seizure.

Question 48

Under the Sixth Amendment, defendants in criminal cases have a right to require attendance of witnesses.

Question 49

Criminal trials are sometimes divided into separate parts.

Question 50

A bifurcated trial is always a criminal trial.

Question 51

All seizures of evidence of criminality by the police must be based on a valid search warrant or on a(n) ________ exception.

Question 52

A process known as ________ permits the return of fugitives to states where they are accused of having committed a crime.

Question 53

According to the Miranda warning, arrested suspects have a right to remain ________.

Question 54

Suspects' statements that were obtained in violation of the Miranda warning are ________.

Question 55

When a suspect is released on ________, money or property is left with the court to guarantee that this person will return to stand trial.

Question 56

When suspects are released on personal ________, they have a personal obligation to return to stand trial.

Question 57

A formal written charge of crime made by a grand jury is a(n) ________.

Question 58

At the state level, a jury consisting of between 5 and 23 persons is called a(n) ________ jury.

Question 59

The act of calling a prisoner before the court to answer the indictment or information is called a(n) ________.

Question 60

A real doubt based on reason and common sense is ________ doubt.

Question 61

A disregard of the punishment by a government official is a(n) ________.

Question 62

The shortest amount of time served by a prisoner before this person is released or placed on parole is a(n) ________ sentence.

Question 63

The defendant has the right to plead not ________.

Question 64

Under the Sixth Amendment, the defendant has the right to a speedy trial by a(n) ________.

Question 65

Separation of lawsuits involving multiple parties into independent cases resulting in separate final judgments is called ________ of actions.

Question 66

Match the terms with their descriptions:

-Suspended sentences

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 67

Match the terms with their descriptions:

-Grand jury

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 68

Match the terms with their descriptions:

-Reasonable doubt

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 69

Match the terms with their descriptions:

-Prosecute

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 70

Match the terms with their descriptions:

-Bifurcated trial

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 71

Match the terms with their descriptions:

-Probable cause

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 72

Match the terms with their descriptions:

-Plea bargain

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 73

Match the terms with their descriptions:

-Inadmissible

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 74

Match the terms with their descriptions:

-Gideon v. Wainwright

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 75

Match the terms with their descriptions:

-Guilty

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 76

Match the terms with their descriptions:

-The Miranda warning

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 77

Match the terms with their descriptions:

-Pardon

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 78

Match the terms with their descriptions:

-Bail

A) Defendant pleads guilty to a lesser offense in exchange for a lighter sentence
B) Plea of admission to having committed the crime
C) Trial divided into two parts, providing separate evidence presentations and fact-findings for different issues in the same lawsuit
D) Given formally and not actually served sentences that are tied to certain conditions
E) Right to a court-appointed attorney if the defendant cannot afford one
F) Real doubt based on reason and common sense
G) To proceed against a person criminally
H) Power of a government official to disregard the punishment without the exoneration of guilt
I) Group of people listening to evidence presented by the prosecutor and deciding whether or not the evidence is sufficient to charge a suspect with the commission of a crime
J) Informing arrested suspects about their constitutional rights
K) Cannot be received
L) Reasonable belief based on facts that a crime has been committed
M) Money or property left with the court to guarantee that the suspect will return to stand trial

Question 79

Discuss the beginning of a prosecution, an arrest, probable cause, and the importance of an arrest warrant for searches of a suspect by the police and for seizures of evidence of criminality.

Question 80

Define the Miranda warning and identify its four components.