Deck 15: Criminal Procedure Before Trial

Question 1

Which of the following is not a pretrial motion in a criminal trial?

A) Motion to dismiss
B) Motion to suppress evidence
C) Motion for a change of venue
D) Motion for a grand jury
E) None of the above

Answer 1

D

Question 2

The Due Process Clause is found in which amendment to the U.S. Constitution?

A) First Amendment
B) Fourth Amendment
C) Fifth Amendment
D) Sixth Amendment

Answer 2

C

Question 3

An interrogation is:

A) a questioning process done while the defendant's attorney is present.
B) a questioning process conducted by the court at the arraignment.
C) when an officer questions a person he or she believes to have committed a crime.
D) when a judge questions a person believed to have committed a crime.
E) None of the above

Answer 3

C

Question 4

What is the hearing where the defendant appears before a judge for the first time?

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

Question 5

The initial appearance usually takes place within how many hours after the arrest?

A) 12 hours
B) 24 hours
C) 48 hours
D) 72 hours

Question 6

In order to obtain a search warrant from a judge, what does the government need to show?

A) Probable cause
B) Reasonable suspicion
C) Proof beyond a reasonable doubt
D) Clear and convincing evidence

Question 7

Who files an indictment?

A) The prosecutor
B) A grand jury
C) The judge
D) The police officer

Question 8

Which of the following is not an exception to the warrant requirement?

A) Plain-view doctrine
B) Hot pursuit
C) Exigent circumstances
D) Exclusionary rule
E) None of the above

Question 9

The Fourth Amendment prohibits:

A) unreasonable searches.
B) unreasonable seizures.
C) unlawful arrest.
D) an initial appearance without an attorney.
E) Both a and b

Question 10

An affidavit is:

A) a sworn statement by a police office.
B) a sworn statement by the defendant.
C) a statement made in open court and then printed for the record.
D) a non-oral statement of facts that is confirmed by oath or affirmation.
E) None of the above

Question 11

Formal charges may take the form of:

A) an information.
B) a warrant.
C) an indictment.
D) a grand jury.
E) Both a and c

Question 12

The warrant is intended to protect persons from:

A) overeager law enforcement behavior.
B) bad informants.
C) exigent circumstances.
D) All of the above
E) None of the above

Question 13

The Sixth Amendment provides:

A) the accused shall have the right to assistance of counsel for his defense.
B) the defendant has a right to a jury trial.
C) the right to a speedy trial.
D) the right to subpoena witnesses for trial.
E) All of the above

Question 14

What is an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury?

A) Information
B) Search warrant
C) Indictment
D) Bill of particulars

Question 15

What must be established before a warrant may be issued?

A) Guilt
B) Witnesses exist
C) Evidence exists
D) An informant exists
E) Probable cause

Question 16

What is the rule that excludes evidence acquired in violation of constitutional protections?

A) Plain view doctrine
B) Exclusionary rule
C) Hearsay rule
D) Hot pursuit rule

Question 17

The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally:

A) cannot be used at the arraignment.
B) cannot be used at trial.
C) never really existed.
D) cannot be seized.
E) must be returned to the person from whom it was seized.

Question 18

Which exception to the warrant requirement arises when a situation requires immediate or unusual actions where the situation does not allow time for the officer to obtain a warrant?

A) Plain view
B) Hot pursuit
C) Exigent circumstances
D) Consent

Question 19

What is the name of the defendant's second appearance before the court where the purpose is to establish that probable cause exists?

A) Arraignment
B) Preliminary hearing
C) Initial appearance
D) Bail hearing

Question 20

The defendant confessed to a crime in violation of Miranda. What pretrial motion would the defendant file to exclude evidence obtained from the confession?

A) Motion to transfer venue
B) Motion for continuance
C) Motion to suppress evidence
D) Motion to dismiss

Question 21

When an officer is actively involved in chasing down a suspect, the __________ exception to the warrant requirement may apply.

Question 22

In the landmark 1961 U.S. Supreme Court case ____________, the court recognized the exclusionary rule that subsequently discovered evidence, derived from an initial illegal search and seizure, is not admissible.

Question 23

The Fifth Amendment contains the due process clause.

Question 24

Hearsay is something a third person heard.

Question 25

What is a written order of a court allowing law enforcement officers to search a certain place?

A) Information
B) Indictment
C) Search warrant
D) Bill of particulars

Question 26

The purpose of the initial appearance is to establish that probable cause exists.

Question 27

Due process refers to the system of rules and regulations designed to assure justice in the American legal system.

Question 28

An arrest is the physical seizure of a person by the government.

Question 29

A motion for change in venue is a motion where the defendant requests that the court change the location of the trial.

Question 30

An information is an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury.

Question 31

Hot pursuit is an exception to the warrant requirement.

Question 32

The purpose of the warrant requirement under the Fourth Amendment is protect against _______searches and seizures.

Question 33

The Fourth Amendment prohibits unreasonable searches and seizures.

Question 34

The preliminary hearing is the first time the defendant appears before a judge.

Question 35

An information is filed by the prosecutor and an indictment is filed by a grand jury.

Question 36

Criminal procedure is a branch of federal law.

Question 37

The exclusionary rule is a rule of criminal procedure stating that evidence obtained illegally cannot be used at trial.

Question 38

Before a warrant may be issued under the Fourth Amendment, probable cause must be established.

Question 39

The warrant requirement is designed to protect law enforcement officers.

Question 40

_________ due process ensures fair proceedings in the criminal justice system, such as the right to a speedy trial and the right to a jury trial.

Question 41

A(n) ______ is the physical seizure of a person by the government.

Question 42

What did the U.S. Supreme Court decide in Mapp v. Ohio (1961)?

Question 43

The Sixth Amendment lists several rights regarding a criminal trial. The defendant has the right to counsel, the right to a jury trial, the right to a speedy trial, the right to a trial in the area where the crime occurred, and the right to subpoena witnesses for trial. The Fifth Amendment provides for due process. The Fourth Amendment protects against unreasonable searches and seizures. Which constitutional right afforded to criminal defendants is the most important? Which constitutional right is being threatened the most today?

Question 44

In the U.S. Supreme Court case Boumediene v. Bush, 553 U.S. 723 (2008), the U.S. Supreme Court held that detainees at Guantanamo Bay are entitled to the protection of the Fifth Amendment right not to be deprived of liberty without due process of law. Should the Fifth Amendment due process rights apply just to U.S. citizens or should the due process also be extended to other persons, including enemy combatants?

Question 45

In order to obtain a warrant from a neutral magistrate, the officer must have ______
that the suspect committed the crime.

Question 46

The purpose of the preliminary hearing is to establish that ________ exists.

Question 47

A motion for change of _______ requests that the court change the location of the trial.

Question 48

An information is an accusation made by a prosecutor against a criminal defendant that does not involve a ______ jury.

Question 49

What are the exceptions to the warrant requirement?

Question 50

Explain the purpose of the initial appearance of a defendant.

Question 51

The _____ appearance is the first court appearance of a criminal defendant after the arrest.