Deck 10: Pretrial Activities and the Criminal Trial

Question 1

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.

Answer 1

C

Question 2

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 have been safeguarded.

Answer 2

A

Question 3

An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held is known as:

A)A preliminary hearing.
B)First appearance.
C)A bail hearing.
D)A probable cause hearing.

Answer 3

B

Question 4

Which of the following types of pleas is most similar to a guilty plea?

A)Nolo contendere
B)Innocent
C)Not guilty
D)Standing mute

Question 5

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 called the:

A)Preemptory challenge.
B)Verdict.
C)Judge's charge.
D)Closing argument.

Question 6

An example of a trial that gains national attention and becomes a media circus occurred with whose 2013 conviction for murder?

A)Jodi Arias
B)Casey Anthony
C)Bernie Madoff
D)Duane Chapman

Question 7

The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence and whose freedom is contingent on obeying specified rules of behavior is called a:

A)Third-party custody release.
B)Property bond release.
C)Conditional release.
D)Release on recognizance.

Question 8

Which of the following are comprised of citizens to hear evidence presented by the prosecution and serve primarily as filters to eliminate cases for which there is not sufficient evidence for further processing?

A)Grand juries
B)Juries
C)Citizen watch groups
D)Defense attorneys

Question 9

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 10

Which is an example of a group designed to help improve the court system and the adjudication process?

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

Question 11

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

A)Presentation of evidence.
B)The adversarial system.
C)Jury selection.
D)Reasonable doubt doctrine.

Question 12

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 13

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

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

Question 14

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)A motion.
B)Hearsay evidence.
C)Direct evidence.
D)Trial de novo.

Question 15

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 16

Which is the decision of the jury in a jury trial or of a judicial officer in a nonjury trial and decides the guilt or innocence of a defendant?

A)Plea
B)Arraignment
C)ROR
D)Verdict

Question 17

The formal notice of charges is made at what stage of the court process?

A)Arraignment
B)Preliminary hearing
C)Grand jury hearing
D)First appearance

Question 18

Which term refers to court rules that govern the admissibility of evidence at criminal hearings and trials?

A)Direct evidence rules
B)Indirect evidence rules
C)Rules of evidence
D)Rules of courtroom demeanor

Question 19

Weapons,tire tracks,and fingerprints are examples of which type of evidence? s.Direct evidence
B)Real evidence
C)Testimonial evidence
D)Circumstantial evidence

Question 20

Which of the following refers to 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 21

Release on recognizance is the pretrial release of a defendant who posts a minimum of 10% of the cash necessary for release on bond.

Question 22

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

Question 23

The reasonable doubt standard is the standard of proof necessary for conviction in most,but all,criminal trials.

Question 24

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 closing argument.

Question 25

The practice wherein 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______________.
detention.

Question 26

Perjury is the intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.

Question 27

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

Question 28

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

Question 29

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

Question 30

Beyond a_____________ doubt is the standard of proof necessary for conviction in criminal trials.

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 ___________ argument.

Question 32

Instituting a professional jury system is an idea for improving the jury system in the United States.

Question 33

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 34

Hearsay is something that is not based on the personal knowledge of a witness;rather,on the repetition of information.

Question 35

A "hung jury" is a jury that is deadlocked and cannot come to a unanimous decision.

Question 36

The motion for a bill of particulars asks the court to order the prosecutor to provide detailed information about the witnesses the defendant will be facing in court.

Question 37

Built-in video playback facilities for out-of-court testimony is an example of ways of improving the adjudication process.

Question 38

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

Question 39

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

Question 40

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

Question 41

The single most important criterion for determining the level of proof necessary for conviction in criminal trials is the ____________________ doubt standard.

Question 42

Testimony given in a criminal trial is governed by many rules.Define testimony and comment on 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 analyzed.

Question 43

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial is commonly known as the _________________.

Question 44

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.Explain the importance and drawbacks of each type of evidence.

Question 45

In 1986 the _____________ decision laid out the requirements that defendants must prove when seeking to establish the discriminatory use of peremptory challenges.

Question 46

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 when each can be used.

Question 47

The courtrooms of the future will be dramatically different than the courtrooms of today.Analyze three of these 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 48

Define and explain at least two different approaches used to improve the adjudication process.

Question 49

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

Question 50

A_____________ jury is isolated from the public during the course of a trial and throughout the deliberation process.

Question 51

A plea of ____________contendere in a criminal trial does not admit guilt or innocence.A guilty finding almost always follows.The plea cannot provide the basis for later civil suits that might follow a criminal conviction.