Deck 8: Pretrial Motions, Hearings, and Plea Negotiations

Question 1

The right of pretrial discovery was originally granted to the defendant upon the theory that the right would assist the defendant:

A) in obtaining the names of key witnesses.
B) in suppressing unfavorable testimony.
C) in establishing an alibi.
D) in the preparation of his or her case and would aid in obtaining a fair trial.

Answer 1

in the preparation of his or her case and would aid in obtaining a fair trial.

Question 2

In states where pretrial discovery is not recognized, generally the defendant must rely on:

A) arraignment.
B) preliminary hearing.
C) trial judge's discretion.
D) None of the above are correct.

Answer 2

preliminary hearing.

Question 3

The right of pretrial discovery may come into being by:

A) legislative action.
B) appellate court decisions.
C) appellate court decisions and/or legislative actions.
D) executive fiat.

Answer 3

appellate court decisions and/or legislative actions.

Question 4

The most convincing argument against granting the prosecution any right of discovery is that the right would be compelling the defendant to:

A) be a witness against himself or herself.
B) reveal the weakness in the defense case.
C) subject the witnesses to harassment.
D) reveal an alibi defense.

Question 5

The police searched Jerry's home without a warrant and found drugs under his bed. To contest the legality of the search, his counsel may file a motion to:

A) censure the police officers.
B) admit the evidence.
C) suppress the evidence.
D) determine the legality of the search.

Question 6

Whether or not a continuance is granted is based on:

A) needs of the prosecution.
B) needs of the defense.
C) needs of the jury.
D) the discretion of the trial judge.

Question 7

When the prosecutor enters a nolle prosequi, he or she takes the following action.

A) Demands a swift trial
B) Requests that the trial court dismiss the action
C) Requests that the trial court censure the defense for misconduct
D) Requests that the trial court immediately issue a ruling on the motion

Question 8

Most state laws generally provide that a continuance may not be granted except:

A) on request of the defendant.
B) on request of the prosecutor.
C) where the ends of justice require a continuance.
D) on request of the trial judge.

Question 9

Most state laws permit a series of crimes committed in one jurisdiction to be combined into one accusatory pleading. Each of the crimes charged in the accusatory pleading is referred to as a:

A) joinder
B) count.
C) beat.
D) severance.

Question 10

If the competency of the defendant is in question:

A) the proceeding is stopped until the issue of competency is determined.
B) a plea of not guilty by reason of insanity is entered.
C) the defendant must be placed in a mental hospital.
D) the trial proceeds with the defense having the assistance of a psychiatrist.

Question 11

________ refers to the accused's mental state at the time of the accused act.

A) Competency
B) Insanity
C) Aptitude
D) Capability

Question 12

A plea that has been agreed upon by the defendant and the state; a plea bargain.

A) Negotiated plea
B) Settlement
C) Defrayal
D) Resolution

Question 13

A motion presented prior to trial to determine the admissibility of certain items of evidence.

A) Privileged motion
B) Motion to dismiss
C) Severance motion
D) Motion to suppress evidence

Question 14

As the trial date approaches, who will often call for a pretrial conference?

A) The prosecutor
B) The deference attorney
C) The trial judge
D) The court clerk

Question 15

The presentation of facts by ________ does not violate the defendant's right of confrontation, since the defendant has waived his or her right of confrontation of that particular witness, or witnesses, by agreeing to the facts.

A) stipulation
B) negotiation
C) joinder
D) severance

Question 16

The agents of the state may not produce a plea by:

A) actual or threatened physical harm.
B) mental coercion overbearing the will of the defendant.
C) Both A and B
D) None of the above.

Question 17

The standard of voluntariness of a guilty plea was set forth in the ________ decision.

A) Brady
B) Spinelli
C) Agular
D) Jackson

Question 18

It has been held that a negotiated plea should be related to the crime charged in the:

A) accusatory pleading.
B) bench warrant.
C) capias.
D) summons.

Question 19

The laws of most states hold that when two or more defendants are jointly charged with the same offense, they must be tried jointly unless the judge feels that in the best interest of justice separate trials should be granted. To grant a separation of charges is called?

A) Stipulation
B) Negotiation
C) Joinder
D) Severance

Question 20

If the present mental state of the defendant is in question at any time prior to or during a trial, the defense counsel should make a motion for a hearing on:

A) competency.
B) stipulation.
C) negotiation.
D) joinder.

Question 21

A motion may be made to the judge may be made:

A) orally
B) written
C) only through an attorney
D) both A and B

Question 22

According to this rule, a defendant is entitled to the names and addresses of witnesses whom the government intends to call in case preparation, as well as any record of prior felony convictions of such witnesses.

A) Exclusionary Rule
B) Rule of omnibus motions
C) Rule of the continuance
D) Rule 16 of the Federal Rules of Criminal Procedure

Question 23

More motions are filed by the prosecution than by the defense.

Question 24

The right of discovery permits the opposite side to inspect the evidence held by the opposition.

Question 25

The right of discovery existed at common law.

Question 26

The right of discovery was created primarily for the benefit of the prosecution.

Question 27

The right of discovery comes into being by legislative action only.

Question 28

The U.S. Supreme Court has sanctioned the right of discovery by the prosecution.

Question 29

The inadmissibility of unlawfully obtained evidence is known as the Exclusionary Rule.

Question 30

If the accused commits a series of crimes of the same nature, those crimes may not be tried together.

Question 31

If two or more persons jointly commit a crime, they must be tried together.

Question 32

The U.S. Supreme Court has not sanctioned plea bargaining.

Question 33

The right of discovery, or inspection, is more closely related to the subject of evidence than to the procedures in the justice system.

Question 34

Jointly trying codefendants promotes economy and efficiency and avoids multiplicity of trials.

Question 35

Several states and the federal government have adopted the requirement that a defendant advise the prosecution in advance of the trial that an alibi defense is to be used.

Question 36

The hearing to suppress evidence can only be held prior to the state introducing the particular evidence once the trial has begun.

Question 37

Obtaining confessions and unreasonable searches and seizures are two areas that include numerous grounds for challenging the introduction of evidence.

Question 38

Generally, before a negotiated plea is accepted, the judge and the ________ must agree on the terms involved.

Question 39

A guilty plea may be withdrawn if the plea bargain is not complied with by either the judge or the ________.

Question 40

The right of discovery was originally created primarily for the benefit of the ________.

Question 41

A motion of ________ is based upon the premise that being tried on several counts during the same trial is prejudicial to the defendant.

Question 42

Without exceptions, the laws of most states hold that when two or more defendants are jointly charged with the same offense, they must be tried ________.

Question 43

Defendants often file a motion for severance to avoid the possibility of ________.

Question 44

If the present ________ of the defendant is in question at any time prior to or during a trial, the defense counsel should make a motion for a hearing on competency.

Question 45

If a(n) ________ hearing determines that a defendant is presently sane, the prosecutive proceedings will commence again from the point where they stopped.

Question 46

In a(n) ________ defense, the claim is that the accused was in another location at the time the crime was allegedly committed.

Question 47

Federal Rule of Evidence ________ permits discovery that is "relevant to the development of a possible defense."

Question 48

What pretrial discovery rights does the accused have in a criminal case?

Question 49

What pretrial discovery rights does the prosecution have?

Question 50

Explain the purpose and possible grounds for a motion to suppress.

Question 51

Under what circumstances would the defendant make a motion to dismiss charges?

Question 52

What are some of the possible grounds for a motion for a continuance?

Question 53

What circumstance may lead a prosecuting attorney to recommend that a charge be dismissed after it is filed?

Question 54

Why would attorneys and a judge want a pre-trial conference?

Question 55

Why might a prosecutor want to consolidate multiple charges against a defendant?