Question 1

In this case, the U.S. Supreme Court ruled that arraignments should take place "as quickly as possible" after arrest.

Accepted Answer

Mallory v. United States established the "prompt arraignment" rule, which states that suspects must be brought before a judge for arraignment "as quickly as possible" after arrest.

Question 2

Which is not a plea that a defendant must enter at the arraignment?

Accepted Answer

All of the options listed (guilty plea, Alford plea, and nolo contendere) are acceptable pleas that a defendant may enter at arraignment.

Question 3

On which rights are most motions to suppress based?

Accepted Answer

Motions to suppress are often based on violations of the Fourth Amendment (unreasonable searches and seizures), Fifth Amendment (right against self-incrimination), and Sixth Amendment (right to counsel) rights.

Question 4

This is sufficient responsibility for criminal offenses to be at fault and liable for the conduct.

Accepted Answer

Culpability refers to the responsibility or blame for a fault or wrong, which aligns with the context of being at fault and liable for criminal offenses.

Question 5

This occurs when a police officer searches premises without a warrant if given permission by a third party who he or she believes has the authority to allow the search

Accepted Answer

The good-faith exception is an exception to the exclusionary rule, which allows evidence obtained by police during an investigation or search to be introduced at trial even if the search violated the Fourth Amendment, if the police officer acted in good faith belief that their actions were constitutional. If a police officer obtains a search without a warrant based on the consent of a third party who he or she reasonably believes has the authority to give consent, the evidence obtained may be admissible under the good-faith exception.

Question 6

This rule states that arrestees are entitled to a prompt hearing to determine if there is probable cause for the arrest.

Accepted Answer

The McNabb-Mallory rule specifically addresses the requirement for a prompt hearing to determine probable cause for an arrest. The Brady rule pertains to the disclosure of exculpatory evidence, and the exclusionary rule pertains to the admissibility of evidence obtained in violation of the Fourth Amendment.

Question 7

By this standard, the prosecutor must establish any confession or admission of guilt as having been given voluntarily.

Accepted Answer

The standard mentioned in the statement is the voluntariness standard, which requires that any confession or admission of guilt must have been given voluntarily in order for it to be admissible as evidence. The McNabb-Mallory standard pertains to the prompt presentation of arrested individuals before a judicial officer or magistrate, while the confessionary standard is a term used to describe the requirements for admissibility of confessions in court. The good-faith standard pertains to the admissibility of evidence obtained by law enforcement officers in good faith reliance on a faulty warrant or other legal authority.

Question 8

This provides a layer of protection to suspects by dictating that all interrogation must cease once the defendant invokes the right to silence or the right to counsel.

Accepted Answer

The Miranda doctrine established the requirement that suspects must be informed of their rights, including the right to remain silent and the right to an attorney, prior to questioning. If a suspect invokes these rights, all interrogation must cease.

Question 9

In this case, the Supreme Court further defined the nature of interrogation of a suspect, differentiating conversation amongst police officers from the express interrogation of a suspect.

Accepted Answer

In Rhode Island v. Innis, the Supreme Court ruled that interrogation refers to direct questioning as well as any words or actions that the police should know are likely to elicit an incriminating response from the suspect. The Court also defined conversation among police officers as distinct from interrogation. Mallory v. United States dealt with the requirement for prompt presentment before a magistrate, Stack v. Boyle dealt with bail in federal cases, and Weeks v. United States dealt with the exclusionary rule.

Question 10

Which pretrial motion requests that the judge rule that some evidence cannot be introduced?

Accepted Answer

A motion in limine requests that the judge rule that some evidence cannot be introduced at trial, often because it is irrelevant, unfairly prejudicial, or inadmissible for other reasons. A motion to suppress evidence, on the other hand, specifically seeks to exclude evidence obtained in violation of the defendant's constitutional rights, such as evidence obtained through an illegal search or seizure. A motion to quash subpoenas challenges the validity of subpoenas issued in the case, while a motion for continuance asks the court to delay or postpone the trial.

Question 11

The paper trail of an arrest includes a complaint by the arresting officer or the victim alleging that the offense has been committed by the accused. This complaint is the only documentation of an arrest accepted by the courts.

Accepted Answer

The paper trail of an arrest includes more than just the complaint; it also involves arrest reports, booking information, and potentially other legal documents such as search warrants or bail papers, which are also accepted by the courts.

Question 12

The police and the prosecutor typically agree about who controls the charging decision.

Accepted Answer

The prosecutor has the ultimate authority to decide whether to file charges, not the police. The police investigate crimes and can arrest suspects, but it is the prosecutor who reviews the evidence and decides whether there is enough to pursue a case in court.

Question 13

One major criticism of bail is that it favors low-income people.

Accepted Answer

The statement is false. One major criticism of bail is that it disadvantages those who cannot afford to pay for bail, resulting in pretrial detention, which can lead to job loss, family disruption, and increased pressure to plead guilty. Wealthy defendants are more likely to post bail and be released before trial, while low-income defendants may remain in jail for an extended period.

Question 14

Bail-bonding agencies are not-for-profit business that are usually run by the state.

Accepted Answer

Bail-bonding agencies are for-profit businesses that charge a fee for their services. They are not run by the state but are licensed by the state to operate within certain regulations.

Question 15

According to the text, being unable to obtain bail puts impoverished people at a disadvantage in the criminal justice system.

Accepted Answer

The text states that impoverished people are often unable to obtain bail, which puts them at a disadvantage in the criminal justice system.

Question 16

Release-on-recognizance requires that intake officers or court officials determine the trustworthiness of the accused.

Accepted Answer

Release-on-recognizance (ROR) is a type of pretrial release where the accused is released without bail on the condition that they return for their court date. Intake officers or court officials must consider factors such as the accused's criminal history, ties to the community, and likelihood to appear in court before granting ROR. Therefore, determining the trustworthiness of the accused is a crucial part of the ROR decision-making process.

Question 17

Most cases go to trial because the prosecutor and the defense attorney are usually unable to arrive at a compromise sentence.

Accepted Answer

Most cases do not go to trial; instead, they are resolved through plea bargaining, where the prosecutor and defense attorney negotiate an agreement that often involves the defendant pleading guilty to a lesser charge or receiving a reduced sentence.

Question 18

According to the text, without plea bargaining, courts would grind to a halt.

Accepted Answer

The text states that plea bargaining is necessary to keep the court system functioning efficiently and avoid an overwhelming backlog of cases.

Question 19

Abolishing plea bargaining would eliminate discretion.

Accepted Answer

Abolishing plea bargaining would not eliminate discretion; it would shift discretion from prosecutors to judges and potentially increase the discretion exercised by police officers during the arrest and charging process.

Question 20

The preliminary hearing is held at the appellate court level.

Accepted Answer

The preliminary hearing is held at the trial court level, not at the appellate court level.

Quiz 7: The Pre-Trial Process