Deck 6: Initial Appearance and Arraignment

Question 1

In many jurisdictions the initial and first appearance before a judge where the state reads the official charges, called an information or indictment, against the defendant is referred to as the:

A) arrest.
B) arraignment.
C) booking.
D) indictment.

Answer 1

arraignment.

Question 2

An arrested person must be taken before a magistrate:

A) within 6 days.
B) within 5 days.
C) without unnecessary delay.
D) as soon as possible.

Answer 2

without unnecessary delay.

Question 3

Which of the statements below is or are correct regarding a complaint?

A) It contains the charge(s) against the accused.
B) It is a comparatively simple document.
C) It is often referred to as an accusatory pleading.
D) All of the above statements are correct.

Answer 3

All of the above statements are correct.

Question 4

The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required.

A) Fourth
B) Sixth
C) Eighth
D) Fourteenth

Question 5

Which of the statements below is correct regarding bail?

A) At common law, bail was generally approved in capital cases.
B) The original purpose of bail was to ensure the accused's presence at trial.
C) Bail is presently used as a form of punishment.
D) Bail was unknown in early England.

Question 6

To establish uniformity in the amounts of bail required, many jurisdictions use:

A) mandatory bail requirements.
B) bail schedules.
C) bail bondspersons.
D) guesswork.

Question 7

The phrase "exoneration of bail" means:

A) the bail is forfeited.
B) the property or money is returned to the surety.
C) bail has been increased.
D) the case has been dismissed and bail is no longer required.

Question 8

Today, judges in many states will release an accused on his or her own recognizance:

A) only on misdemeanor charges.
B) on either felony or misdemeanor charges.
C) only if he or she posts bail.
D) All of the above are correct.

Question 9

Which of the statements below is correct regarding the preliminary hearing?

A) Many states use a preliminary hearing in lieu of a grand jury.
B) The preliminary hearing is heard by the same judge who will conduct the trial in the case.
C) The judge at the preliminary hearing should dismiss the charges unless the government establishes the accused's guilt beyond a reasonable doubt.
D) The preliminary hearing is expressly mentioned in the Constitution.

Question 10

If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:

A) orders the defendant to appear before a grand jury.
B) orders that the defendant be released from custody.
C) binds the defendant over for trial.
D) dismisses the charges.

Question 11

Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing?

A) The magistrate has subpoena power at the hearing.
B) The magistrate has investigative power at the hearing.
C) The magistrate has the primary duty of determining if the accused is guilty.
D) The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial.

Question 12

If the defendant enters a plea of guilty, the trial judge may:

A) refuse to accept the plea.
B) accept the plea without advising the defendant of his or her rights.
C) require the prosecution and defense to reach a plea bargain.
D) None of the above answers are correct.

Question 13

Which of the statements below is correct concerning a grand jury?

A) The accused has a right to be present when the grand jury is hearing evidence.
B) Persons serving on a grand jury must be at least 25 years old.
C) Grand juries were first used in France.
D) Grand juries may require an accused to answer any questions.
E) None of the above statements are correct.

Question 14

The primary purpose of a grand jury is to:

A) investigate governmental units.
B) determine whether there are sufficient facts to hold the accused for trial.
C) ensure that the defendant's rights are not violated.
D) None of the above statements are correct.

Question 15

An indictment serves which of the following purposes?

A) It informs the grand jury of the charge about which they will receive evidence during the hearing.
B) The indictment may be used as a basis for a judge to issue a warrant of arrest.
C) It is an accusatory pleading that sets the trial in motion.
D) All of the above statements are correct.

Question 16

A few states have adopted the ________ rule of excluding a confession obtained during a delay in arraignment.

A) McNabb
B) Johnson
C) Jackson
D) Toby

Question 17

Many states hold that a public officer who willfully delays bringing a defendant before a magistrate for the arraignment is guilty of a:

A) violation.
B) misdemeanor.
C) felony.
D) federal charge.

Question 18

Whether the accused was arrested by a private person or by an officer, he or she must be taken before a(n):

A) magistrate.
B) jury.
C) court.
D) administrator.

Question 19

Which of the following factors are NOT considered by judges in setting bail amounts?

A) Seriousness of the offense charged
B) Weight of the evidence against the defendant
C) Any history of failure to appear
D) All of the above are factors considered.

Question 20

Some believe that the term bail is from the Old French word meaning:

A) "to deliver."
B) "to hold."
C) "to keep."
D) "to let free."

Question 21

The right of an initial appearance is included in ________ and in the laws of the states.

A) the Constitution
B) the federal rules of procedure
C) the Bill of Rights
D) common law

Question 22

In the past, a few jurisdictions held that bail may be denied to an arrested person if his or her release on bail would cause a danger to the public. This policy is based upon an interpretation of the ________ Amendment.

A) First
B) Fourth
C) Fifth
D) Eighth

Question 23

An information is another name for an indictment.

Question 24

If a defendant does not plead "not guilty by reasons of insanity,"
he or she may be presumed to be sane at the time the crime was committed.

Question 25

A plea of nolo contendere means that the defendant does not contest the charge.

Question 26

Bail may be forfeited if the defendant does not appear as promised.

Question 27

A plea of nolo contendere is essentially equivalent to a not guilty plea.

Question 28

A defendant has a right to plead nolo contendere in all states.

Question 29

In most jurisdictions, a defendant, upon showing a good cause, may withdraw a guilty plea and enter a not guilty plea or one of the other pleas at any time before the pronouncement of sentence.

Question 30

A demurrer to a complaint is a formal mode of disputing the sufficiency in law of the pleadings.

Question 31

Excessive bail is a violation of the U.S. Constitution.

Question 32

A defendant has a constitutional right to have his or her guilty plea accepted by the court.

Question 33

The grand jury was created as a safeguard for the accused.

Question 34

Originally, the purpose of bail was to ensure the presence of the accused at trial.

Question 35

The grand jury vote must be unanimous in order to return a true indictment.

Question 36

An indictment and a "true bill" are two completely different documents.

Question 37

Today, we continue to place persons who are arrested in ________.

Question 38

At common law, it was felt that there was no way to ensure the trial presence of one who was charged with a capital offense, so ________ was denied to that type of offender.

Question 39

A(n) ________ offense is one for which the death penalty may be inflicted.

Question 40

The right of an arrested person to post bail to obtain release from custody is a(n) ________ right.

Question 41

A(n) ________ is the formal mode of disputing the sufficiency in law of the pleadings.

Question 42

The ________ sets forth the name of the defendant, the date and place that the offense took place, and the nature of the offense.

Question 43

Although there is no mention of the ________ in our Bill of Rights, it is a basic right of an arrested person to be taken before a magistrate without unnecessary delay.

Question 44

In many states, the sole function of the ________ is to hold hearings on criminal charges to determine whether a crime has been committed and whether the accused should be held for trial.

Question 45

Prosecution does not necessarily follow even though a(n) ________ has been returned by a grand jury.

Question 46

Frequently, a grand jury is called on to investigate and hold hearings concerning alleged acts of misconduct by ________.

Question 47

Explain the nolo contendere plea.

Question 48

Briefly explain the selection and qualification of the Grand Jurors.

Question 49

Under what circumstance would a grand jury proceeding be held in public?

Question 50

When and why may a defendant withdraw a guilty plea?

Question 51

Why and on what grounds may a judge deny bail?