Deck 8: Pretrial and Trial Procedures

Question 1

An information is the charging document filed by the prosecution in a preliminary hearing.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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

Question 5

The Eighth Amendment guarantees a right to bail.

Question 6

The Fifth Amendment guarantees you the right to a public trial.

Question 7

An arrestee can be given a police field citation release by the arresting officer. This is a promise to appear in court that is given at or near the actual time and location of arrest.

Question 8

A direct release program is where a pretrial program authorizes the release of defendants without direct judicial involvement to reduce the length of stay in detention.

Question 9

The prosecution can request a directed verdict.

Question 10

One of the criminal sanctions available to the sentencing judge is commitment to a state hospital.

Question 11

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

Question 12

Most formal trials are heard by a jury although some defendants can request a bench trial.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

There is no set time that defines a speedy trial.

Question 19

If the defendant pays a percentage of the bond, usually 10 percent, to a bonding agent who posts the full bail, this is referred to as conditional bail.

Question 20

The initial group of people chosen for jury duty are called voir dire.

Question 21

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 22

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 (ROR) system
D)Privately secured bail system

Question 23

A defendant's due process rights are not violated when a prosecutor threatens to reindict the accused on more serious charges if the defendant does not plead guilty to a lesser offense.

Question 24

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 25

The ____ Amendment to the Constitution prohibits excessive bail.

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

Question 26

What did the court establish in Stack v. Boyle

A)That individuals charged with 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 27

Surety bail is where the defendant:

A)pays a percentage of the bond to a bonding agent who posts full bail.
B)is released after promising to obey specified conditions in lieu of cash.
C)is released on own recognizance (ROR).
D)pays the full bail amount out of pocket.

Question 28

Any promise made by a prosecutor during a plea negotiation must be kept after the defendant admits guilt in open court.

Question 29

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 30

The determination of an arrestee's eligibility for citation release and the actual release of the arrestee are deferred until after he or she has been delivered by the arresting department to a jail/pretrial detention facility for screening, booking, and admission in a:

A)police/pretrial jail citation release.
B)police field citation release.
C)police station house citation release.
D)police/court bail schedule.

Question 31

At the ________, the judge informs the defendant of the charges against him or her and appoints counsel if one has not yet been retained.

A)trial
B)arraignment
C)indictment
D)information

Question 32

Which of the following is a pretrial procedure

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

Question 33

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 34

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 35

A grand jury hearing is open to the public.

Question 36

Critics suggest that bail is costly because the government must pay to detain poor offenders who would otherwise remain in the community.

Question 37

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

A)Surety bail system
B)Deposit bail system
C)ROR system
D)Unsecured bond

Question 38

To stand trial, a criminal defendant must be considered:​

A)guilty beyond reasonable doubt.
B)mentally competent.
C)pro se.
D)willing to challenge for cause.

Question 39

A defendant's options for a plea are guilty, not guilty, or nolo contendere.

Question 40

Bail is typically granted in a felony hearing:

A)only when the suspect has absconded.
B)when there has been error in arresting an innocent individual.
C)only at the police station.
D)during court hearings.

Question 41

The _____ Amendment contains the confrontation clause.

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

Question 42

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)Fourth
D)Fourteenth

Question 43

According to the court, which of the following was the reason for the speedy trial guarantee

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 were rationales for the speedy trial guarantee

Question 44

The right to a public trial is guaranteed by the _____ Amendment.​

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

Question 45

Who chooses whether a trial will be before a judge or a jury

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

Question 46

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

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

Question 47

Which of the following 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 48

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 reasons for jury nullification.

Question 49

Which of the following is not a result of diversion programs

A)Allowing the offender to make restitution to the victim or pay back the community through volunteer services
B)Increase in costs to the criminal justice system
C)Reduction in prison population
D)Continuation of employment

Question 50

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 51

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

A)Defendant has already decided to plead guilty.
B)Defendant wants to speed up the criminal justice process.
C)Defendant hopes to avoid the negative publicity that might result from the hearing.
D)All of these are common reasons to waive the preliminary hearing.

Question 52

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 rebuttal.

Question 53

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 54

Which of the following is false regarding opening statements

A)The prosecutor offers the 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 55

The standard required to convict a defendant charged with a crime at the adjudicatory stage of the criminal process is:

A)proof beyond a reasonable doubt.
B)absolute certainty.
C)clear and convincing evidence.
D)preponderance of the evidence.

Question 56

Which of the following is an advantage of diversion programs

A)It allows the offender to postpone prison/jail time until diversion completion.
B)Rehabilitation services can be accessed while in the community.
C)The cost is higher but so is the success rate.
D)Diversion allows the inmate out of their cell for longer lengths of time.

Question 57

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 58

What state completely eliminated plea bargaining in 1975

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

Question 59

​Which 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 60

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 61

____________________ is a plea where the defendant does not accept or deny responsibility for the crimes charged but agrees to accept punishment.

Question 62

Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and maintain and boost morale by offering bonuses. Dwayne happens to have a girlfriend with whom he has become increasingly serious. He would like to buy her some jewelry but his wife doesn't know of his infidelity and certainly can't know that his affair has turned serious enough to buy jewelry. His wife actually knows about his girlfriend and has become addicted to pain pills in an attempt to forget about Dwayne's infidelity.
When Dwayne borrows $15,000, he gets a visit from the Internal Affairs Board (IAB). Apparently, the IAB had already convened a grand jury to investigate him for using his city budget to take his girlfriend out to eat at expensive restaurants. What is next for Dwayne

A)He will be arrested.
B)He will be charged.
C)He will be indicted by a grand jury.
D)A presentment is issued.

Question 63

Sara, an 18-year old college student uses cocaine occasionally and was just arrested for buying $200 worth. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense.
Sara finally calls her parents. They are troubled by her addiction and want her to go to rehab, so they give her some money. This is enough to cover about 10 percent of the bail fee. In order to get back to her classes and life, what is the best option for Sara

A)Post direct bail
B)Post surety bail
C)Request a reduction in bail
D)Get an unsecured bond

Question 64

The ____________________ mandated that no defendant shall be kept in pretrial detention simply because they cannot afford money bail.

Question 65

_____ bail is when the defendant pays a percentage of the bond to a bonding agent, who posts the full bail.

Question 66

With ________ bail, the defendant is released after promising to obey some specified rules in lieu of cash, such as attending a treatment program.

Question 67

Holding an offender in secure confinement before trial is referred to as _______.

Question 68

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

Question 69

Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and maintain and boost morale by offering bonuses. Dwayne happens to have a girlfriend with whom he has become increasingly serious. He would like to buy her some jewelry but his wife doesn't know of his infidelity and certainly can't know that his affair has turned serious enough to buy jewelry. His wife actually knows about his girlfriend and has become addicted to pain pills in an attempt to forget about Dwayne's infidelity.
Dwayne's wife has been arrested and charged for attempting to buy pain pills from an undercover police officer. She knows she needs help and decides to plead guilty. What can her defense attorney do at this point

A)Waive the preliminary hearing
B)Request a plea bargain at the police station
C)Have her plead nolo contendere
D)Have her claim she was under duress

Question 70

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

Question 71

A ___________ release is when the determination of an arrestee's eligibility for release and the actual release of the arrestee are deferred until after he or she has been removed from the scene of an arrest and brought to the station house or police headquarters.

Question 72

Sara, an 18-year old college student uses cocaine occasionally and was just arrested for buying $200 worth. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense.
Sara's college was paid for by loans and scholarships. She doesn't have any money for bail; the money she used to buy the cocaine was what was left in her checking account. She doesn't talk to her parents too often, and she wouldn't ask them for money anyway. What is the likely outcome of Sara's case at this point

A)Police/pretrial jail citation release
B)Pretrial detention
C)Appeal to the Manhattan Bail Project
D)File in favor of bail reform

Question 73

Zack has just pled not guilty by reason of insanity to killing his parents and his brother. He was arrested walking down the street without any clothes on with dried blood all over him. He has always been an introvert, and people used to call him names and say that he was crazy. Over the past couple of years, Zack has had a lot of black-out type situations where he doesn't remember the days before he finds himself somewhere unfamiliar doing something strange.
Zack has spent the better part of two years in a locked psychiatric facility awaiting trial. He feels ill from the medicine they make him take, he doesn't recognize the man that they say is his attorney and now he cannot remember his full name. At this point what is Zack's most important legal issue at trial

A)His forced treatment and medicine
B)Mental competency
C)Compulsory process
D)adequate legal representation

Question 74

Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and maintain and boost morale by offering bonuses. Dwayne happens to have a girlfriend with whom he has become increasingly serious. He would like to buy her some jewelry but his wife doesn't know of his infidelity and certainly can't know that his affair has turned serious enough to buy jewelry. His wife actually knows about his girlfriend and has become addicted to pain pills in an attempt to forget about Dwayne's infidelity.
At Dwayne's wife's arraignment, what will occur first

A)She will voluntarily sign up for rehab.
B)She will get a lesser sentence for pleading guilty.
C)She will be informed of the charges against her.
D)She will receive a sentencing date.

Question 75

Zack has just pled not guilty by reason of insanity to killing his parents and his brother. He was arrested walking down the street without any clothes on with dried blood all over him. He has always been an introvert, and people used to call him names and say that he was crazy. Over the past couple of years, Zack has had a lot of black-out type situations where he doesn't remember the days before he finds himself somewhere unfamiliar doing something strange.
Zack has just fired his attorney or the man who they say is his attorney. He wants to represent himself. What issues will he have

A)He is indigent.
B)He may not get an impartial jury.
C)He may not be competent.
D)He may not get a speedy trial.

Question 76

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

Question 77

Sara, an 18-year old college student uses cocaine occasionally and was just arrested for buying $200 worth. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense.
Sara's bail is surprisingly high for $200 of cocaine. In fact, her lawyer calls it excessive. What can Sara and her lawyer do to change the situation

A)Ask for ROR
B)File a motion for violation of the Eighth Amendment
C)Request a police field citation release
D)Enroll Sara in treatment to reduce bail

Question 78

Sara, an 18-year old college student uses cocaine occasionally and was just arrested for buying $200 worth. After spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first offense.
Sara had a midterm exam to study for and forgot about her court date. What will happen to her

A)A bounty hunter will come looking for her.
B)She will have to pay the full amount of her bail.
C)She can now ask for a new trial date.
D)She will voluntarily check in to rehab.

Question 79

Zack has just pled not guilty by reason of insanity to killing his parents and his brother. He was arrested walking down the street without any clothes on with dried blood all over him. He has always been an introvert, and people used to call him names and say that he was crazy. Over the past couple of years, Zack has had a lot of black-out type situations where he doesn't remember the days before he finds himself somewhere unfamiliar doing something strange.
At Zack's trial, the prosecution opens their questions by calling on the cleaning lady who found the dead bodies. She tells the court that Zack has always been a demon child and there was always something wrong with him. The judge instructs the jury not to listen to the explanation of who Zack was and how he behaved because:

A)she is not an expert in cleaning up blood.
B)her testimony was not fact but her opinion.
C)her opinion boosts the prosecution's case.
D)the defense has already entered a directed verdict.

Question 80

A ______ is the action by a grand jury when it votes not to indict an accused suspect.