Deck 10: Pretrial Activities and the Criminal Trial

Question 1

A defendant is usually present during a grand jury inquiry and the defense cross examines witnesses.

Answer 1

False

Question 2

Grand juries are comprised of private citizens who hear evidence presented by the prosecution and often consist of _______________ members.

A) 12
B) 23
C) 39
D) 14

Answer 2

B

Question 3

What federal legislation allows federal judges to deny bail to persons who are thought to be dangerous?

A) 1990 Alternatives to Release Act
B) 1984 Federal Pretrial Release Act
C) 1984 Federal Bail Reform Act
D) 1974 Omnibus Crime Control Act

Answer 3

C

Question 4

What type of plea is most similar to a guilty plea?

A) nolo contendere
B) innocence
C) not guilty
D) standing mute

Question 5

McNabb v.U.S.formally established that a defendant being held in custody has a right to appear in court before a magistrate:

A) within 30 days.
B) within 24 hours.
C) within 48 hours.
D) immediately.

Question 6

Which of the following is not a type of juror challenge?

A) challenges for knowledge
B) challenges for cause
C) peremptory challenge
D) challenges to the array

Question 7

Release on recognizance is defined as:

A) Cash Bail in lieu of incarceration.
B) Release on Surety Bond
C) results in the pretrial detention of a suspect.
D) The pretrial release of a criminal defendant on his or her written promise to appear in court as required..

Question 8

____________ is oral evidence offered by a sworn witness on the witness stand during a criminal trial.

A) Hearsay evidence
B) Testimony
C) Expert Information
D) Perjury

Question 9

The primary purpose of the criminal trial is:

A) to determine the guilt or innocence of a defendant.
B) to determine if a crime has been committed.
C) to safeguard the trial system of the United States.
D) to ensure a defendant's rights has been safeguarded.

Question 10

Automatic video recording of the proceedings,using ceiling-mounted cameras with voice-initiated switching is a step in attempting to improve the adjudication process.

Question 11

The two-sided structure under which American criminal trial courts operate is also known as:

A) Presentation of Evidence
B) Adversarial System
C) Jury Selection
D) Reasonable doubt doctrine

Question 12

Plea bargaining circumvents the trial process and dramatically reduces the time required for
the resolution of a criminal case.

Question 13

Bail serves two purposes.One is to help ensure the reappearance of the accused at trial.The other is:

A) to allow defendants to spend time with their families.
B) to allow defendants to assist the attorneys with their case.
C) to help keep defendants employed.
D) to prevent people who have not been convicted from suffering imprisonment unnecessarily.

Question 14

Weapons,tire tracks,and fingerprints are what type of evidence? s.direct evidence
B) real evidence
C) testimonial evidence
D) circumstantial evidence

Question 15

An " oral or written request made to a court at any time before,during,or after court proceedings,asking the court to make a specified finding,decision,or order." is also known as:

A) Motion
B) Hearsay Evidence
C) Direct Evidence
D) trial de novo

Question 16

One group designed to help improve the court system and the adjudication process is:

A) Police watch groups
B) Children's advocate groups
C) Court-watch groups
D) U. S. Supreme Court

Question 17

Dying declarations and spontaneous statements are considered exceptions to the hearsay rule.

Question 18

Challenge to the Array is tool used by judges to bar real evidence from the criminal trial.

Question 19

The bail decision is made at what stage of the court process?

A) arraignment
B) preliminary hearing
C) grand jury hearing
D) first appearance

Question 20

A preliminary hearing is held to:

A) determine the defendant's guilt or innocence.
B) allow the defendant to enter a plea.
C) determine if there is probable cause to hold the defendant for trial.
D) revisit the bail/release decision.

Question 21

Discuss at least two different approaches used to improve the adjudication process.

Question 22

The Presentation of evidence is an important part of a trial.List and define the three major types of evidence used in a courtroom trial.Discuss the importance and drawbacks of each type of evidence.

Question 23

Written motions are called petitions. Below is a list of some of the most common motions made by both sides in a criminal case before and after trial. Match the definition in the numbered column with the term in the lettered column.
a.Motion to Dismiss Charges
b.Motion for Continuance
c.Motion for Discovery
d.Motion to Suppress Evidence
The defense learns,in the preliminary hearing or through pretrial discovery,of material that it believes to have been unlawfully acquired.

Question 24

List and define,thoroughly,four of the different stages of a criminal trial.Describe and explain the importance of each step and list them in the order that they occur.

Question 25

____________ is evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

Question 26

Testimony given in a criminal trial is governed by many rules.Define testimony and the various obstacles that affect the admissibility of testimony,such as the hearsay rule.Be comprehensive in your answer citing examples of each rule that is discussed.

Question 27

There are at least 7 different types of bail options open to the defendant.List and define three of those options and give an example of when each can be used.

Question 28

The courtrooms of the future will be dramatically different than the courtrooms of today.Discuss some of those changes and their potential for improvement in the courtroom.Why are they positive changes that will improve the function of the court? Will the defendant's rights be compromised?

Question 29

Written motions are called petitions. Below is a list of some of the most common motions made by both sides in a criminal case before and after trial. Match the definition in the numbered column with the term in the lettered column.
a.Motion to Dismiss Charges
b.Motion for Continuance
c.Motion for Discovery
d.Motion to Suppress Evidence
This motion seeks a delay in the start of the trial.

Question 30

The process of negotiating an agreement among the defendant,the prosecutor,and the court as to an appropriate plea and associated sentence in a given case is known as:

Question 31

An oral summation of a case presented to a judge,or to a judge and jury,by the prosecution or by the defense in a criminal trial is known as the:

Question 32

Written motions are called petitions. Below is a list of some of the most common motions made by both sides in a criminal case before and after trial. Match the definition in the numbered column with the term in the lettered column.
a.Motion to Dismiss Charges
b.Motion for Continuance
c.Motion for Discovery
d.Motion to Suppress Evidence
Violations of speedy trial legislation;

Question 33

The practice where Defendants charged with very serious crimes,or those who are thought likely to escape or to injure others,are usually held in jail until trial is called______________.

Question 34

_____________ is the standard of proof necessary for conviction in criminal trials.

Question 35

Written motions are called petitions. Below is a list of some of the most common motions made by both sides in a criminal case before and after trial. Match the definition in the numbered column with the term in the lettered column.
a.Motion to Dismiss Charges
b.Motion for Continuance
c.Motion for Discovery
d.Motion to Suppress Evidence
A motion that is filed by the defense,asks the court to allow the defendant's lawyers to view the evidence that the prosecution intends
to present at trial.

Question 36

Define and discuss the first appearance and the pre-trial release.What occurs at each stage of these pretrial activities? Why are they important?