Deck 10: Pretrial and Trial Procedures

Question 1

All information that is material and favorable to the accused defendant because it casts doubt on the defendant's guilt or on the evidence the government intends to use at trial is called:

A)Exculpatory evidence.
B)Fruit of the poisonous tree.
C)Innocuous evidence.
D)Explanatory evidence.

Answer 1

A

Question 2

Which of the following reasons is not an issue normally considered when deciding whether or not to grant bail

A)seriousness of the crime
B)potential flight risk of the accused
C)age of the accused
D)victim impact statements

Answer 2

C

Question 3

In some jurisdictions, which type of bail is defined by the defendant paying the total amount out of pocket with either cash or property

A)Surety bail
B)Security bail
C)Full cash bail
D)Deposit bail

Answer 3

C

Question 4

The report of the grand jury investigation, which usually includes a recommendation of indictment, is called a:

A)True bill.
B)Presentment.
C)Precluding statement.
D)Exculpatory recommendation.

Question 5

Defendants who are rearrested for a felony while out on bail are referred to as:

A)Preventive detainees.
B)Avertable recidivists.
C)Obviate detainees.
D)Precluded recidivists.

Question 6

Which is an initial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea

A)Indictment
B)Arraignment
C)Complaint
D)Grand jury hearing

Question 7

Individuals who are either denied bond or cannot afford to post bond are referred to as:

A)Recognizance offenders.
B)Pretrial detainees.
C)Captive convict.
D)Insolvent prisoner.

Question 8

According to the Innocence Project, which of the following is not a reason for giving a false confession to a crime

A)Potential profitability
B)Coercion
C)Duress
D)Mental impairment

Question 9

The grand jury originally was created as a check against the:

A)Defense attorney.
B)Prosecution.
C)Judge.
D)Magistrate.

Question 10

Which court case upheld the use of preventive detention statutes to protect the well-being of the juvenile offender and the public

A)Burton v. Weight
B)Schall v. Martin
C)Creamens v. Blake
D)Salerno v. Fitzsimmons

Question 11

Which procedure is often used as an alternative to the grand jury

A)Initial hearing
B)Arraignment
C)Preliminary hearing
D)Criminal trial

Question 12

Which act mandated that no defendants shall be kept in pretrial detention simply because they cannot afford the monetary bail

A)Bail Reform Act of 1984
B)The Federal Lautenberg Act of 1996
C)Pretrial Bond Act of 1988
D)Due Process Release Act of 1971

Question 13

A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing is called:

A)An arraignment.
B)Judging.
C)Information.
D)A warrant.

Question 14

In historical English law, sheriffs sometimes abused their power, leading Parliament to issued which statute in 1275, which established bailable offenses.

A)Westminster
B)West Chester
C)Westinghouse
D)Worcester

Question 15

Which of the following events-during which the judge informs the defendant of the charges against him or her and appoints counsel if one has not yet been retained-occurs after an indictment is filed subsequent to a preliminary hearing.

A)Plea bargain
B)Pretrial
C)Arraignment
D)Bench hearing

Question 16

According to early English Law, which of the following stated that no "freeman" could be seized and imprisoned unless he had been judged by his peers

A)Twelve Tables
B)Treaty of Windsor
C)Magna Carta
D)Metropolitan Police Act

Question 17

Laws that require that certain dangerous defendants be confined before trial for their own protection and that of the community are called:

A)Preventive detention statutes.
B)Avertable detention statutes.
C)Exclusionary statutes.
D)Avertable statutes.

Question 18

In which case was the U.S. Supreme Court's interpretation of the Eighth Amendment's provisions on bail set in 1951

A)Stack v. Boyle
B)Crosby v. Malkin
C)Tennessee v. Martin
D)McNamara v. Driscoll

Question 19

Which is a sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting prosecution

A)Indictment
B)Arraignment
C)Complaint
D)Warrant

Question 20

Of the following property crimes, which is most likely to have the highest average bail set for felony arrests

A)Larceny
B)Burglary
C)Motor vehicle theft
D)Fraud

Question 21

CASE 10.1
Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was arrested in August 2012. Given this information, answer the following questions.
Mr. Crutchfield's bail was set at $250,000,and it was determined that the defendant would pay a percentage of the bond, about 10%, to a bonding agent, who in turn could post the remainder for Mr. Crutchfield. This is referred to as a:

A)Full cash bail.
B)Surety bail.
C)Deposit bail.
D)Conditional bail.

Question 22

Which type of bail occurs when a defendant is released, with no immediate requirement for payment unless they do not appear in court

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

Question 23

Which amendment pertains to bail

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

Question 24

Which of the following is the correct order of events

A)Arraignment, preliminary hearing, plea, indictment
B)Preliminary hearing, indictment, arraignment, plea
C)Arraignment, preliminary hearing, indictment, plea
D)Indictment, preliminary hearing, arraignment, plea

Question 25

CASE 10.1
Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was arrested in August 2012. Given this information, answer the following questions.
At his initial hearing, Mr. Crutchfield pleads not guilty to the crime of murder in the first degree. What is this initial hearing called

A)Arraignment
B)Probable cause hearing
C)Preliminary hearing
D)Pretrial hearing

Question 26

Which of the following is false regarding plea bargaining

A)Pleas must be made voluntarily and without pressure.
B)Defendants must keep their side of the bargain to receive the promised offer of leniency.
C)Accepting a guilty plea from a defendant who maintains his or her innocence is valid.
D)Accepting a guilty plea from a defendant who maintains his or her innocence is valid.

Question 27

CASE 10.2
Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania, is arrested for the premeditated murder of his wife, Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately three miles from her house two weeks after she was reported missing by her parents. Given this information, answer the following questions.
During questioning, it is determined that a young lady who is a possible juror works as a secretary at the same grade school where the deceased had worked. The defense immediately puts in a request to have this juror removed because of bias. This request is called:

A)Peremptory challenge.
B)Challenge for cause.
C)Voir dire.
D)Venire.

Question 28

CASE 10.1
Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was arrested in August 2012. Given this information, answer the following questions.
The evidence against Mr. Crutchfield is presented to the grand jury who charge Mr. Crutchfield with the crime of murder. This is called:

A)No bill.
B)An indictment.
C)A denunciation.
D)A summons.

Question 29

CASE 10.2
Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania, is arrested for the premeditated murder of his wife, Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately three miles from her house two weeks after she was reported missing by her parents. Given this information, answer the following questions.
Having presented its case against Mr. Faulstick, the prosecution rests. Concerned that the state has not proved the charge against the defendant beyond a reasonable doubt, Mr. Faulstick's attorney enters a motion for what

A)Cross-examination
B)Direct verdict
C)Exculpatory clause
D)Rebuttal verdict

Question 30

In some situations, people placed in diversion programs are believed to be the ones most likely to have otherwise been dismissed after a brief hearing with a warning or small fine. Critics refer to this as:

A)Widening the net.
B)Misrepresenting the system.
C)An abomination of justice.
D)Exculpatory practices.

Question 31

Which of the following is not a reason for a speedy trial

A)To ensure that witnesses are available to testify as soon as possible
B)Because it is guaranteed by the Fifth Amendment to the U.S. Constitution
C)To avoid delays that may inhibit the defendant's ability to defend himself or herself
D)To avoid lengthy pretrial detentions

Question 32

Which of the following is the proceeding held to determine whether probable cause is sufficient to warrant a criminal trial

A)Arraignment
B)Indictment
C)Injunction
D)Preliminary hearing

Question 33

CASE 10.2
Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania, is arrested for the premeditated murder of his wife, Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately three miles from her house two weeks after she was reported missing by her parents. Given this information, answer the following questions.
Being a profile case for the city and surrounding area, it is important for the prosecutor and defense to question the jurors to eliminate any bias. This process is called:

A)Venire.
B)Voir dire.
C)Challenge for cause.
D)Peremptory challenge.

Question 34

When a motorist is issued a traffic citation, which is the most likely type of release

A)Police field citation release
B)Pretrial court direct release
C)Police station house citation release
D)None of the above

Question 35

Which type of bail occurs when a defendant is released, without bail, upon their promise to return to court

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

Question 36

Diversion is considered after arrest and arraignment but before:

A)Grand jury indictment.
B)Trial.
C)The preliminary hearing.
D)The bail hearing.

Question 37

Which role is most problematic and controversial in plea negotiations

A)Prosecutor
B)Defense attorney
C)Defendant
D)Defendant

Question 38

What is the term for the group called for jury duty from which jury panels are selected

A)Voir dire
B)Venire
C)Vino de voir
D)Dretke rule

Question 39

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
At his arraignment, the defendant is asked to plead to the charges. The defendant pleads no contest or what is otherwise known as:

A)Nolo contendere.
B)Aucune declaration.
C)Ninguna declaración.
D)Ninguna declaración.

Question 40

Which of the following evidentiary standards of proof are used in civil proceedings

A)Beyond a reasonable doubt
B)Clear and convincing
C)Preponderance of the evidence
D)Probable cause

Question 41

For a guilty plea to be validated by the court it must be both understood and voluntary.

Question 42

Pretrial detention accounts for more incarceration than does postsentencing imprisonment.

Question 43

In the case of Baston v. Kentucky, the Supreme Court held that the use of peremptory challenges against potential jurors by prosecutors in criminal cases violated the Constitution if the challenges were based solely on race.

Question 44

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
In a criminal case, the defendant may plead guilty at the initial hearing and the case may be disposed of immediately.

Question 45

According to the landmark decision in Crocker v. Tennessee, victims must be presented with, and agree to, a plea bargain before the court will approve it.

Question 46

The jury's refusal to render a verdict according to the law and fact regardless of the evidence presented is referred to as a "hung jury."

Question 47

Jury selection formerly was conducted using drivers' licenses and voter registration roles, but has changed in the past five years and is now conducted through census data.

Question 48

The use of grand juries is gaining popularity and increasing in frequency.

Question 49

Virtually all larger jurisdictions in the United States have pretrial release services in one form or another.

Question 50

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
A majority of criminal defendants are released on bail prior to the trial.

Question 51

A judge's decision telling jurors to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt is called a directed verdict.

Question 52

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
The Statute of Westminster was established in 1275 which set out the offenses which were bailable and those which were not.

Question 53

It is legal for a criminal defendant to waive his or her right to counsel and defend one's self at trial.

Question 54

Bail has been criticized as discriminatory because poor individuals are less likely to be able to afford to posting bail.

Question 55

The two main ways for the defense to petition an appellate court for review of the procedures once a client is found guilty are through the appeals process and through habeas corpus.

Question 56

According to United States v. Monsanto it is not unconstitutional for a court to seize a defendant's assets prior to trial, forcing him or her to rely on a public defender.

Question 57

The Supreme Court, in the case of Newspapers Inc v. Virginia (1980) concluded that criminal trials must stay open to the press.

Question 58

The defendant's defense attorney is not permitted to be present during grand jury proceedings.

Question 59

A grand jury is ordinarily made up of five or seven individuals, depending on the requirements of the jurisdiction, which guarantees no ties in the decision process.

Question 60

Jail overcrowding has gotten worse in recent years.

Question 61

The monetary amount required for pretrial release, normally set by a judge, which is meant to ensure that the accused returns for additional hearings is called ______________.

Question 62

A(n) ___________________________ is the formal written document, usually written and sworn to by a police officer, that describes the exact details of the crime, including the date and place and the circumstances of the arrest.

Question 63

Direct examination refers to the prosecution's questioning of a defense witness or the defense's questioning of a prosecution witness.

Question 64

During __________________, the questioning of the prosecution witness by the defense, or vice versa, occurs.

Question 65

The act of compelling the production of a witness or evidence via subpoena is called the __________________.

Question 66

The evidentiary standard of proof required to convict a defendant in a criminal trial is ____________________

Question 67

__________________ is the pretrial release of a defendant with ties to the community and who is not a flight risk; this individual is not required to post bail but promises to appear for subsequent hearings.

Question 68

Over 90% of criminal cases end with guilty pleas.

Question 69

In a ___________________ trial, the evidence is heard by a judge, who renders the verdict, as opposed to a jury.

Question 70

The preliminary hearing provides advantages to the defendant not afforded under a grand jury proceeding.

Question 71

__________________ are referred to as individuals who either are denied bail or cannot afford to post bail before trial and are kept in secure confinement.

Question 72

In Morris v. Slappy (1983), the courts ruled that the _____________________ Amendment does not require a "meaningful" relationship between counsel and his or her client.

Question 73

The not-guilty verdict of John Peter Zenger of the New York Weekly Journal in 1735 is still widely recognized as one of the most famous examples of ____________________ in the nation's history.

Question 74

A(n) ________________ is a written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause.

Question 75

The three pleas are guilty, not guilty, and ________________________.

Question 76

Legal and administrative actions that take place after arrest and before trial are referred to as __________________.

Question 77

A _______________________ is a judicial order requesting that a person produce the body of the prisoner and give reasons for his or her capture and detention.

Question 78

__________________ is the action of the grand jury not to indict a suspect.

Question 79

The general criteria used to assess whether a defendant can be released pretrial is their community ties and prior history of involvement in _____________________.

Question 80

The __________________ is the hearing before a magistrate to determine whether the government has sufficient evidence to show probable cause that the defendant committed the crime.