Deck 8: Pretrial and Trial Procedures

Question 1

Research suggests that approximately ____ of defendants with no active status make bail.

A)1/4
B)1/3
C)1/2
D)2/3

Answer 1

D

Question 2

Which of the following is a common reason for a defendant to waive the preliminary hearing?

A)He/she has already decided to plead guilty.
B)He/she wants to speed up the criminal justice process.
C)He/she hopes to avoid the negative publicity that might result from the hearing.
D)All of these

Answer 2

D

Question 3

The ____ Amendment to the Constitution prohibits excessive bail.

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

Answer 3

B

Question 4

The ____ is the report of a grand jury investigation which usually includes recommendation of indictment.

A)presentment
B)complaint
C)true bill
D)warrant

Question 5

What state completely eliminated plea bargaining in 1975?

A)Alaska
B)Oregon
C)Indiana
D)Alabama

Question 6

What procedure is often used as an alternative to the grand jury?

A)The initial hearing
B)The arraignment
C)The preliminary hearing
D)The criminal trial

Question 7

The _____ Amendment contains the confrontation clause.

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

Question 8

If an individual is permitted a trial, who chooses whether it will be before a judge or a jury?

A)Prosecutor
B)Defendant
C)Judge
D)Court administrator

Question 9

Which of the following statements is false regarding diversion programs?

A)There is no court supervision of these programs.
B)Offenders are placed in diversion programs before their formal trial or conviction.
C)Pretrial diversion programs are intended to encourage community treatment participation by the offender.
D)Restitution may be part of a diversion program.

Question 10

It is unlikely that plea bargaining will be eliminated in the future because it:

A)ensures even-handed justice in the system.
B)eases the pressure of congested caseloads.
C)encourages defendants to waive their rights.
D)results in sentencing disparity.

Question 11

What type of bail system allows the defendant to be released with no immediate requirement of payment but leaves him/her liable for the full bail amount if he/she fails to appear in court?

A)Surety bail system
B)Deposit bail system
C)Release on recognizance system
D)Unsecured bond

Question 12

Which of the following is a pretrial procedure?

A)Bail
B)Arraignment
C)Plea negotiation
D)All of these

Question 13

Some scholars contend that bail is problematic because it:

A)is a weak incentive to show up to court.
B)creates fear and coercion in the defendant.
C)is discriminatory to the poor.
D)is not guaranteed under the law.

Question 14

The concept of the grand jury was incorporated in the ____ Amendment of the U.S. Constitution.

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

Question 15

What did the Court establish in Stack v. Boyle?

A)That misdemeanors are entitled to an absolute right to bail.
B)That only the most heinous and violent crimes are unbailable.
C)That all defendants are entitled to an absolute right to bail.
D)That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstance.

Question 16

Which of the following is an advantage of diversion programs?

A)The stigma of a criminal record is avoided.
B)Rehabilitation services can be accessed while in the community.
C)The justice system can reduce costs.
D)All of these are advantages of diversion programs.

Question 17

What is another term for an indictment issued by a grand jury?

A)True bill
B)No bill
C)Nolo contendere
D)Nolle prosequi

Question 18

Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount?

A)Surety bail system
B)Deposit bail system
C)Release on recognizance system
D)Privately secured bail system

Question 19

Which of the following statements is false regarding bail issues?

A)It is expensive because the government must pay to detain those offenders who are unable to make bail but who would otherwise remain in the community.
B)There is no racial or ethnic disparity in the bail process.
C)It is unfair because a higher proportion of detainees receive longer sentences than people released on bail.
D)It is dehumanizing because innocent people who cannot make bail suffer in the nation's deteriorated jail system.

Question 20

A(n) ____ is a charging document drawn up by a prosecutor in jurisdictions that do not use the grand jury system.

A)warrant
B)complaint
C)indictment
D)information

Question 21

In a criminal case, a preponderance of the evidence is sometimes enough to convict.

Question 22

Diversion programs allow a defendant to enter treatment instead of trial.

Question 23

The Batson doctrine holds that:

A)peremptory challenges based on race by the defense are unconstitutional
B)prosecutorial peremptory challenges based on race are unconstitutional
C)the use of "content" questions is unconstitutional
D)peremptory challenges may not be limited to less than five by state statute

Question 24

A nolo contendere (no contest) plea is essentially the same as a guilty plea.

Question 25

While not explicitly stated in the Constitution, the Court has found support for legal self-representation in the _____ Amendment.

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

Question 26

More than half of all violent criminals are released before trial.

Question 27

The defendant's right to an impartial trial and jury under the Fifth and Sixth Amendments often runs into direct conflict with the _____ Amendment's guarantee of the press and public access.

A)First
B)Second
C)Sourth
D)Fourteenth

Question 28

Voir dire is when potential jurors are questioned by the prosecution and defense to determine if they can sit on the jury.

Question 29

Bail can be used to punish an accused, and can be denied or revoked at the indulgence of the court.

Question 30

Which of the following was the reason for the speedy trail guarantee according to the court?

A)To improve the credibility of the trial
B)To avoid extensive pretrial publicity and questionable conduct of officials
C)To reduce the anxiety for the defendant awaiting trial
D)All of the above

Question 31

Which of the following is false regarding opening statements?

A)The prosecutor offers teh first opening statement
B)Neither attorney is permitted to make prejudicial remarks
C)Opening remarks are more effective in a bench trial than a jury trial
D)The purpose of opening remarks is to identify what will be proved by way of evidence in the trial

Question 32

Which of the following is a reason for which a jury can nullify the facts and evidence of a case?

A)The jury believes that the law is unjust
B)The jury believes the punishment is excessive
C)The jury believes the law is being unjustly applied
D)All of the above are reaons for jury nullification

Question 33

The _____ Amendment guarantees the defendant the right to a jury trial.

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

Question 34

In what 1976 case did the court rule unconstitutional a trial judge's order prohibiting the press from reporting the confessions implicating the defendant in the crime?

A)Nebraska Press Association v. Stuart
B)Press-Enterprise Co. v. Superior Court
C)Gannett Co. v. DePasquale
D)Turner v. Murdoch

Question 35

There is no set time that defines a speedy trial.

Question 36

The state can never order a defendant to take medication when s/he is ruled incompetent to stand trial.

Question 37

The grand jury has the power to act as an independent investigative body.

Question 38

The process of determining the appropriateness of jurors to sit on the jury is known as:

A)voir dire
B)venire
C)the jury array
D)the process of surrebuttal

Question 39

Most states impose qualifications, such as a high school education, on those called for jury service.

Question 40

Which of the following is true of peremptory challenges during jury selection?

A)They are unlimited in number
B)They require a stated reason for dismissal of a prospective juror
C)They are constitutionally compelled to have a basis in "content" questions
D)They can be used to excuse jurors for no particular reason

Question 41

At the ____________________, defendants are informed of the formal charges and asked to enter a plea.

Question 42

A __________ is the dismissal of a prospective juror for unexplained, discretionary reasons.

Question 43

Through the use of examples, elaborate on what it means to have an open and public trial. What are the impacts of this approach on justice?

Question 44

Explain what the right to a speedy trial means and how this right may be violated.

Question 45

A ____________________ is the name given to the report of a grand jury investigation

Question 46

Discuss the history and direction of bail reform, as well as criticisms directed at the current bail system

Question 47

Compare and contrast the grand jury and preliminary hearing models.

Question 48

Discuss the advantages and disadvantages of jury nullification.

Question 49

If a verdict cannot be reached, the trial may result in a ________.

Question 50

Can we improve on the current methods of jury selection? How do current procedures impact a fair trial?

Question 51

What is plea bargaining? What are its effects on the operation of the criminal justice system? What impact does it have on the defendant?

Question 52

Identify five innovative bail systems and describe how each works.

Question 53

In about half the states, a ____________________ is used as an alternative to the grand jury.

Question 54

The concept of the grand jury was brought to the American colonies by early settlers and later incorporated into the ____________________ Amendment of the U.S. Constitution.

Question 55

What are the roles of the prosecution, defense attorney, judge, and victim in the plea bargaining process?

Question 56

A ____________________ is issued if the grand jury fails to find that probable cause to prosecute exists.

Question 57

The _________ Amendment to the Constitution guarantees the right to a trial by jury.

Question 58

The Eighth Amendment prohibits ____________________.

Question 59

A(n) ____________________ is a charging document drawn up by a prosecutor and submitted to a grand jury.

Question 60

Summarize the arguments presented by opponents of the plea bargaining process. Discuss some of the effects on the criminal justice system if plea bargaining were removed from the process.