Deck 10: The Pretrial Process

Question 1

Which of the following are activities associated with booking?

A) Paperwork will be completed
B) Photographing of the arrestee
C) Arrestee contacts counsel and/or other individuals
D) All of the above

Answer 1

All of the above

Question 2

The initial appearance is sometimes called a(n):

A) Arraignment.
B) Preliminary hearing.
C) Presentment.
D) Indictment.

Answer 2

Presentment.

Question 3

Which of the following occur at the initial appearance in a criminal case?

A) The reason for being detained on criminal charges is explained
B) An advisement of the right against self-incrimination
C) Appointment of counsel if needed
D) Initial bail setting

Answer 3

Appointment of counsel if needed

Question 4

With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable?

A) One hour
B) Two hours
C) More than six hours
D) There are no limits.

Question 5

Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the:

A) Initial appearance.
B) Preliminary hearing.
C) Arraignment.
D) Trial.

Question 6

In which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest?

A) Tennessee v. Garner
B) Gerstein v. Pugh
C) Riverside County v. McLaughlin
D) Stack v. Boyle

Question 7

When is a probable cause hearing unnecessary?

A) Arrests with a warrant
B) Warrantless arrests
C) Terry stops
D) Serious felony cases

Question 8

Which of the following is an unacceptable reason for delaying a probable cause hearing?

A) Unavailability of a magistrate
B) Unavoidable delays in transporting the suspect
C) Waiting for the presence of the arresting officer
D) Gathering additional evidence against the accused

Question 9

A pretrial release hearing is:

A) A common practice resulting from numerous court decisions.
B) Optional and in the judge's discretion.
C) Desirable for felonies.
D) Required by the constitution.

Question 10

According to the Supreme Court, at pretrial release hearings the accused enjoys the right to:

A) Counsel.
B) Freedom from self-incrimination.
C) Fourth Amendment protection.
D) None of the above

Question 11

Which of the following can be considered criteria for deciding on whether pretrial release should be granted?

A) Flight risk
B) Dangerousness
C) Ability to pay
D) All of the above

Question 12

Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money?

A) Bail
B) Preventive detention
C) Release on own recognizance
D) Absentee trial

Question 13

For which of the following crimes would release on recognizance most likely be ordered?

A) Murders
B) Rapes
C) Robberies
D) Petty thefts

Question 14

In response to many defendants' inability to post bail, professional ________ have stepped in.

A) Bankers
B) Loan officers
C) Bail bonds agents
D) Skip tracers

Question 15

Which of the following is NOT an appropriate consideration in setting bail?

A) Potential dangerousness of alleged offender
B) Offsetting court costs
C) Risk of flight
D) Financial status

Question 16

Which of the following usually takes place after a pretrial release decision has been made?

A) Initial appearance
B) Bail
C) Preliminary hearing
D) Arrest

Question 17

The preliminary hearing serves as a check on:

A) The prosecutor's charging decision.
B) A police officer's decision to arrest.
C) A police officer's charging decision.
D) A judge's decision whether or not to hear the case.

Question 18

A(n) ________ is intended to prevent ?hasty, malicious, improvident, and oppressive prosecutions.?

A) Trial
B) Pretrial release hearing
C) Preliminary hearing
D) Arraignment

Question 19

The appropriate standard of proof associated with preliminary hearings is:

A) Reasonable suspicion.
B) Probable cause.
C) Preponderance of evidence.
D) Proof beyond a reasonable doubt.

Question 20

Which of the following is NOT about the preliminary hearing?

A) The accused does not have the right to counsel.
B) The exclusionary rule does not technically apply in preliminary hearings.
C) There is no constitutional right for the accused to cross-examine.
D) There is no constitutional right for an accused to use compulsory process to make witnesses come to court to testify.

Question 21

Once a person has been formally charged, he or she will be:

A) Released prior to trial.
B) Arraigned.
C) Scheduled for a probable cause hearing.
D) Sent to jail.

Question 22

Which of the actions below is likely NOT to occur at an arraignment?

A) The judge will advise the accused of the charges.
B) The accused may plead guilty.
C) The accused may plead not guilty and request a jury trial.
D) The judge will make a bail decision.

Question 23

Which of the following is NOT a valid plea that can be entered at arraignment?

A) Guilty
B) Not guilty
C) Nolo prosequi
D) Nolo contendere

Question 24

Which term is used to describe the defendant's explanation to the judge concerning his or her guilty plea?

A) Allocution
B) Narrative
C) Supporting statement
D) None of the above

Question 25

According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution?

A) Transcriptions of oral statements made by the defendant
B) The defendant's prior criminal record
C) Results from physical and/or mental evaluations
D) All of the above

Question 26

Which of the following statements is TRUE concerning discovery?

A) The defense can learn about aspects of the prosecution's case.
B) The prosecution can learn about aspects of the defense's case.
C) The prosecution is limited in terms of what it can ?discover.?
D) All of the above

Question 27

Discovery that ?work both ways? is known as:

A) Work product.
B) Nonreciprocal discovery.
C) Reciprocal discovery.
D) None of the above

Question 28

With regard to discovery, prosecution or defense ?strategy? is also referred to as:

A) Preparation.
B) Work product.
C) Perspective.
D) Hearsay.

Question 29

If the prosecution fails to disclose exculpatory evidence, it violates:

A) The Fourteenth Amendment.
B) The Eighth Amendment.
C) The Fifth Amendment.
D) The Fourth Amendment.

Question 30

The prosecution is only bound to disclose exculpatory evidence that would have what probability of changing the outcome of the case?

A) Guaranteed
B) Reasonable
C) Likely
D) None of the above

Question 31

All jurisdictions require an initial appearance.

Question 32

The purpose of the initial appearance is to determine what charges should be brought against the accused.

Question 33

Probable cause hearings follow arrests with warrants.

Question 34

The Supreme Court in Riverside County v. McLaughlin ruled that probable cause hearings must take place immediately after arrest.

Question 35

The Eighth Amendment prohibition against excessive bail has NOT been incorporated to the states.

Question 36

All defendants have a constitutional right to bail.

Question 37

Release on recognizance is reserved for non-dangerous defendants.

Question 38

Bail can be denied simply because a person is unable to pay it.

Question 39

Bail may be denied only if the person is a danger to the community.

Question 40

The Supreme Court in Lem Woon v. Oregon ruled that a preliminary hearing is required in all felony cases.

Question 41

The Federal Rules of Criminal Procedure have been interpreted to allow hearsay evidence in preliminary hearings.

Question 42

Preliminary hearings take place before the prosecutor's charging decision.

Question 43

In some ways the preliminary hearing resembles a criminal trial in that it is usually adversarial.

Question 44

Whether a preliminary hearing is required typically depends on a jurisdiction's method of filing charges.

Question 45

The purpose of arraignment is to determine whether enough evidence exists to proceed to trial.

Question 46

An information is another name for an indictment.

Question 47

Work product is off limits and not part of the discovery process.

Question 48

The prosecution has no constitutional duty to disclose exculpatory evidence.

Question 49

The Supreme Court has held that the prosecution need only supply the defense with evidence that is material.

Question 50

The prosecution is constitutionally bound to preserve evidence.

Question 51

In Gerstein v. Pugh, the Supreme Court held that the Fourth Amendment requires a(n) ________ cause hearing either before or promptly after arrest.

Question 52

The ________ Amendment states that ʺexcessive bail shall not be required.ʺ

Question 53

Bail ________ agents are individuals who collect a fee from persons charged with a crime and then post a bond so that the persons can be released.

Question 54

A(n) ________ hearing is intended to prevent ʺhasty, malicious, improvident, and oppressive prosecutions.ʺ

Question 55

The three available pleas at arraignment include: guilty, not guilty, or ________ contendere.

Question 56

Evidence is considered ________ if it is consequential to the case.

Question 57

With regard to discovery, ʺstrategyʺ is also referred to as work ________.

Question 58

In Williams v. Florida the Supreme Court ruled that requiring the defense to give the prosecution notice of a(n) ________ did NOT violate the Fifth Amendment.

Question 59

The process in which both the prosecution and the defense receive discovery from each other is known as ________ discovery.

Question 60

The rule of Brady v. Maryland, which created a limited kind of discovery under the Due Process Clause, applies only to ________ evidence.

Question 61

Match the term with the correct definition with the corresponding defendant's actions at the arraignment.

-Guilty

A) A plea in which the defendant does not claim responsibility for the crime with which he or she has been charged.
B) A plea similar to guilty with a literal meaning of ?I do not desire to contest the action.?
C) A plea in which the defendant claims responsibility for the crime with which he or she has been charged.
D) When the defendant explains to the judge exactly what he or she did and why.

Question 62

Match the term with the correct definition with the corresponding defendant's actions at the arraignment.

-Not Guilty

A) A plea in which the defendant does not claim responsibility for the crime with which he or she has been charged.
B) A plea similar to guilty with a literal meaning of ?I do not desire to contest the action.?
C) A plea in which the defendant claims responsibility for the crime with which he or she has been charged.
D) When the defendant explains to the judge exactly what he or she did and why.

Question 63

Match the term with the correct definition with the corresponding defendant's actions at the arraignment.

-Nolo Contendere

A) A plea in which the defendant does not claim responsibility for the crime with which he or she has been charged.
B) A plea similar to guilty with a literal meaning of ?I do not desire to contest the action.?
C) A plea in which the defendant claims responsibility for the crime with which he or she has been charged.
D) When the defendant explains to the judge exactly what he or she did and why.

Question 64

Match the term with the correct definition with the corresponding defendant's actions at the arraignment.

-Allocution

A) A plea in which the defendant does not claim responsibility for the crime with which he or she has been charged.
B) A plea similar to guilty with a literal meaning of ?I do not desire to contest the action.?
C) A plea in which the defendant claims responsibility for the crime with which he or she has been charged.
D) When the defendant explains to the judge exactly what he or she did and why.

Question 65

Match the correct court case with the corresponding decision with regards to the discovery process.

-Williams v. Florida

A) The Court held that the prosecution must provide the defense with a list of witnesses who will testify in rebuttal to the defendant's alibi or defense.
B) The Supreme Court stated that ?unless a criminal defendant can show bad faith on the part of the police [or prosecution], failure to preserve potentially useful evidence does not constitute due process of law.?
C) The Sixth Amendment does not confer the right to present testimony free from the legitimate demands of the adversarial system; one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth.?
D) ?Nothing in the Fifth Amendment privilege entitles a defendant as a matter of constitutional right to await the end of the State's case before announcing the nature of his defense, any more than it entitles him to await the jury's verdict on the State's case-in-chief before deciding whether or not to take the stand himself.?
E) The prosecution is required to disclose exculpatory evidence to the defense.
F) The Supreme Court outlines four factors that should be considered in determining the meaning of ?reasonable probability? under Bagley.

Question 66

Match the correct court case with the corresponding decision with regards to the discovery process.

-United States v. Nobles

A) The Court held that the prosecution must provide the defense with a list of witnesses who will testify in rebuttal to the defendant's alibi or defense.
B) The Supreme Court stated that ?unless a criminal defendant can show bad faith on the part of the police [or prosecution], failure to preserve potentially useful evidence does not constitute due process of law.?
C) The Sixth Amendment does not confer the right to present testimony free from the legitimate demands of the adversarial system; one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth.?
D) ?Nothing in the Fifth Amendment privilege entitles a defendant as a matter of constitutional right to await the end of the State's case before announcing the nature of his defense, any more than it entitles him to await the jury's verdict on the State's case-in-chief before deciding whether or not to take the stand himself.?
E) The prosecution is required to disclose exculpatory evidence to the defense.
F) The Supreme Court outlines four factors that should be considered in determining the meaning of ?reasonable probability? under Bagley.

Question 67

Match the correct court case with the corresponding decision with regards to the discovery process.

-Wardius v. Oregon

A) The Court held that the prosecution must provide the defense with a list of witnesses who will testify in rebuttal to the defendant's alibi or defense.
B) The Supreme Court stated that ?unless a criminal defendant can show bad faith on the part of the police [or prosecution], failure to preserve potentially useful evidence does not constitute due process of law.?
C) The Sixth Amendment does not confer the right to present testimony free from the legitimate demands of the adversarial system; one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth.?
D) ?Nothing in the Fifth Amendment privilege entitles a defendant as a matter of constitutional right to await the end of the State's case before announcing the nature of his defense, any more than it entitles him to await the jury's verdict on the State's case-in-chief before deciding whether or not to take the stand himself.?
E) The prosecution is required to disclose exculpatory evidence to the defense.
F) The Supreme Court outlines four factors that should be considered in determining the meaning of ?reasonable probability? under Bagley.

Question 68

Match the correct court case with the corresponding decision with regards to the discovery process.

-Arizona v. Youngblood

A) The Court held that the prosecution must provide the defense with a list of witnesses who will testify in rebuttal to the defendant's alibi or defense.
B) The Supreme Court stated that ?unless a criminal defendant can show bad faith on the part of the police [or prosecution], failure to preserve potentially useful evidence does not constitute due process of law.?
C) The Sixth Amendment does not confer the right to present testimony free from the legitimate demands of the adversarial system; one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth.?
D) ?Nothing in the Fifth Amendment privilege entitles a defendant as a matter of constitutional right to await the end of the State's case before announcing the nature of his defense, any more than it entitles him to await the jury's verdict on the State's case-in-chief before deciding whether or not to take the stand himself.?
E) The prosecution is required to disclose exculpatory evidence to the defense.
F) The Supreme Court outlines four factors that should be considered in determining the meaning of ?reasonable probability? under Bagley.

Question 69

Match the correct court case with the corresponding decision with regards to the discovery process.

-Brady v. Maryland

A) The Court held that the prosecution must provide the defense with a list of witnesses who will testify in rebuttal to the defendant's alibi or defense.
B) The Supreme Court stated that ?unless a criminal defendant can show bad faith on the part of the police [or prosecution], failure to preserve potentially useful evidence does not constitute due process of law.?
C) The Sixth Amendment does not confer the right to present testimony free from the legitimate demands of the adversarial system; one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth.?
D) ?Nothing in the Fifth Amendment privilege entitles a defendant as a matter of constitutional right to await the end of the State's case before announcing the nature of his defense, any more than it entitles him to await the jury's verdict on the State's case-in-chief before deciding whether or not to take the stand himself.?
E) The prosecution is required to disclose exculpatory evidence to the defense.
F) The Supreme Court outlines four factors that should be considered in determining the meaning of ?reasonable probability? under Bagley.

Question 70

Match the correct court case with the corresponding decision with regards to the discovery process.

-Kyles v. Whitley

A) The Court held that the prosecution must provide the defense with a list of witnesses who will testify in rebuttal to the defendant's alibi or defense.
B) The Supreme Court stated that ?unless a criminal defendant can show bad faith on the part of the police [or prosecution], failure to preserve potentially useful evidence does not constitute due process of law.?
C) The Sixth Amendment does not confer the right to present testimony free from the legitimate demands of the adversarial system; one cannot invoke the Sixth Amendment as a justification for presenting what might have been a half-truth.?
D) ?Nothing in the Fifth Amendment privilege entitles a defendant as a matter of constitutional right to await the end of the State's case before announcing the nature of his defense, any more than it entitles him to await the jury's verdict on the State's case-in-chief before deciding whether or not to take the stand himself.?
E) The prosecution is required to disclose exculpatory evidence to the defense.
F) The Supreme Court outlines four factors that should be considered in determining the meaning of ?reasonable probability? under Bagley.

Question 71

What is the purpose of the initial appearance in a criminal case?

Question 72

Explain why there are probable cause hearings and why the timing of the hearing is important.

Question 73

Explain what the preliminary hearing is and the procedural issues associated with it.

Question 74

What are the Fifth Amendment issues regarding defense reciprocal discovery obligations?

Question 75

What is your opinion of preventive detention? Why do you feel this way?

Question 76

What pretrial discovery rights does the prosecution have? In light of the government's power to charge a person with a crime, which could lead to the loss of property, liberty, or even life as a consequence, is it fair to make the defense discover anything to the prosecution?