Deck 8: Pretrial Procedures and the Criminal Trial

Question 1

Which of the following statements is true of bail?

A) It is a guaranteed right under the Eighth Amendment.
B) In felony cases, the primary responsibility to set bail lies with the judge.
C) In misdemeanor cases, bail is set according to the defendant's ability to pay.
D) It is uniform throughout all jurisdictions.

Answer 1

B

Question 2

Identify a factor that prosecutors consider in deciding when to prosecute and when not to prosecute.

A) Witness hostility
B) Accomplice liability
C) Offenders' record of wrongdoing
D) Defendants' willingness to plead guilty

Answer 2

C

Question 3

Which of the following statements is true of the preliminary hearing process?

A) The defendant is prohibited from being represented by counsel.
B) It requires guilt to be proved beyond a reasonable doubt.
C) It is conducted forty days after the defendant is arrested.
D) A police report of the arrest is presented.

Answer 3

D

Question 4

Which of the following purposes does bail serve in addition to encouraging defendants to return to court?

A) The protection of juveniles
B) The protection of the defendant
C) The protection of the community
D) The protection of courtroom work groups

Question 5

Generally, a not guilty plea in the face of strong evidence is part of a strategy to:

A) force a weak case to go to trial.
B) avoid unwanted media attention.
C) revert to a plea of nolo contendere .
D) gain a more favorable plea bargain.

Question 6

Which of the following is the most important factor in deciding whether to prosecute a suspect?

A) Whether there is sufficient evidence for conviction.
B) Whether the defendant has a counsel.
C) Whether the prosecutor believes the suspect is guilty.
D) Whether the defendant is willing to plead guilty.

Question 7

In the context of the preliminary hearing, which of the following statements is true of discovery?

A) It allows the defense to see the evidence against the defendant prior to making a plea.
B) It allows the trial attorneys to ascertain whether prospective jurors are fit to serve on the jury.
C) It determines whether the evidence presented is sufficient to provide probable cause that a crime has occurred.
D) It determines whether an indictment should be issued.

Question 8

Louisa has been arrested for a felony. Her bail is set at $100,000. She does not have sufficient funds to post bail. A businessman agrees to post bail on her behalf if she pays him 10 percent of the bail amount and includes her car as security. In this scenario, the businessman is a _____.

A) bail bond agent
B) bounty hunter
C) bailiff
D) bail enforcement agent

Question 9

About half of the adult felony cases brought to prosecutors by police are dismissed through a _____.

A) certiorari
B) nolo contendere
C) mandamus
D) nolle prosequi

Question 10

Which of the following statements is true of plea bargaining?

A) It is initiated before a preliminary hearing.
B) It increases the time and money spent on each case.
C) It allows defendants a measure of control over their fates.
D) It is given to defendants to increase their prison sentence.

Question 11

The term _____ refers to a situation when a prosecutor agrees to delay criminal proceedings against a defendant as long as the defendant meets certain requirements.

A) deferred prosecution
B) nolo contendere
C) mandamus
D) plea bargain

Question 12

In felony cases, a defendant is prohibited from making a plea at the initial appearance because:

A) it is tantamount to a confession of guilt.
B) a plea at this stage would violate the right of the defendant to remain silent.
C) a magistrate's court does not have jurisdiction to decide felonies.
D) it violates the Fifth Amendment.

Question 13

_____ is the retention of an accused person in custody due to fears that he or she will commit a crime if released before trial.

A) Double jeopardy
B) Preventive detention
C) Plea bargaining
D) Proactive remediation

Question 14

Which of the following is a similarity between an indictment and an information in a preliminary hearing?

A) Both are issued during the preliminary hearing.
B) Both become the formal charge against the defendant.
C) Both are issued by the district attorney.
D) Both are required to begin the process of discovery.

Question 15

Prosecutors rely heavily on _____ to guide their priorities, resulting in them preferring to take on felony cases rather than misdemeanors.

A) offense seriousness
B) statutes of limitations
C) confidential informants
D) nolo contendere

Question 16

Identify a true statement about grand jury proceedings.

A) Jurors can request that witnesses be recalled to the stand to testify a second time.
B) Witnesses are not allowed to speak publicly about their own testimony.
C) The defense can cross-examine prosecution witnesses.
D) Jurors cannot ask the judge questions about relevant law.

Question 17

Which of the following is one of the ways in which due process requirements are satisfied by criminal procedure law?

A) An arraignment
B) A bail provision
C) Deferred prosecution
D) Preventive detention

Question 18

A(n) _____ refers to a court proceeding in which a suspect is formally charged with the criminal offense stated in the indictment.

A) affirmation
B) arraignment
C) judicial review
D) plea bargain

Question 19

During _____, the defendant appears before a judge or magistrate who decides whether the evidence presented is sufficient for the case to proceed to trial.

A) an indictment
B) an arraignment
C) the preliminary hearing
D) the initial appearance

Question 20

Unlike criminal trials, during grand jury proceedings:

A) jurors are allowed to speak to the media.
B) witnesses are not allowed to speak publicly about their own testimony.
C) defense attorneys cannot present their witnesses.
D) jurors can ask the judge questions about relevant law.

Question 21

In " In re Winship (1970)," a case involving the due process rights of juveniles, the Supreme Court ruled that the Constitution requires the reasonable doubt standard because it:

A) strengthens the prosecution's case.
B) reassures Americans of the law's moral force and legitimacy.
C) decreases the risk of a hung jury.
D) increases the chance of a defendant agreeing to a plea bargain.

Question 22

In the context of criminal trials, the high standard of proof:

A) overrides a defendant's right to "take the Fifth."
B) places the burden of proof on the defendant, who is obligated to prove that he or she is not guilty.
C) increases the likelihood of an innocent being proved guilty.
D) reflects the belief that it is worse to convict an innocent individual than to let a guilty one go free.

Question 23

Noel has a master's degree in forensic science. He is called to a murder trial as a witness for the prosecution and is shown a collection of photographs depicting a bullet recovered from the crime scene. He is able to identify the type of bullet, the caliber of the bullet, and the make and model of the gun from which the bullet was shot. In this scenario, Noel is most likely a(n) _____.

A) lay witness
B) expert witness
C) eyewitness
D) character witness

Question 24

Citizens are protected against unreasonable delays before accusation by _____.

A) judicial reviews
B) the prohibition of double jeopardy
C) statutes of limitations
D) the Fifth Amendment

Question 25

In the context of criminal trials, which of the following statements is true of hearsay?

A) Most states prohibit hearsay evidence when the statement contains an admission of wrongdoing.
B) A hearsay statement is usually admissible if there seems to be little risk of a lie.
C) Admitting hearsay as evidence protects witnesses' Sixth Amendment right.
D) A hearsay statement is admissible only if the original remark was made by an expert witness.

Question 26

Identify a common reason for a not guilty plea in the face of strong evidence.

A) To force a weak case to go to trial.
B) To garner media attention.
C) To exercise the right to a plea of nolo contendere .
D) To submit an affirmative defense.

Question 27

Which of the following statements is true of cross-examination?

A) It violates the Sixth Amendment.
B) It involves a presiding judge questioning a defendant.
C) It is linked to problems presented by hearsay evidence.
D) It is same as redirect examination.

Question 28

The main goal of jury selection is to:

A) lessen the number of peremptory challenges that a district attorney can raise in a preliminary hearing.
B) produce a cross-section of the population in the jurisdiction where a crime was committed.
C) prevent a mistrial from occurring.
D) reduce the risk of a hung jury.

Question 29

In a criminal trial, the burden of proving the defendant's guilt lies entirely with the _____.

A) expert witness
B) police
C) state
D) lay witness

Question 30

In the context of criminal trials, which of the following is a category of evidence?

A) Testimony
B) An indictment
C) A reasonable doubt
D) Self-incrimination

Question 31

The _____ states that no person "shall be compelled in any criminal case to be a witness against himself."

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

Question 32

The Fifth Amendment grants American citizens the _____.

A) right against unreasonable seizures
B) right to keep and bear arms
C) right to not testify at his or her own trial
D) right to freedom of speech

Question 33

Which of the following statements best defines a bench trial?

A) It is a trial conducted with a twelve-member jury, in which jurors are entitled to make decisions relating to a defendant's guilt or innocence.
B) It is a type of trial that is used solely in felony cases.
C) It is a trial conducted without a jury, in which a judge makes the determination of a defendant's guilt or innocence.
D) It is a type of trial conducted before a judge and a jury.

Question 34

_____ refers to the preliminary questions that trial attorneys ask prospective jurors to determine whether they are fit to serve on the jury.

A) Voir dire
B) Nolle prosequi
C) Nolo contendere
D) Actus reus

Question 35

Which of the following is the result of a jury being unable to reach a unanimous agreement on whether to acquit or convict a defendant?

A) An arraignment
B) A hung jury
C) An indictment
D) A struck jury

Question 36

Which of the following statements is true of opening statements?

A) They give the jury an opportunity to address the court.
B) They are mandated by the U.S. Constitution.
C) They are presented by the presiding judge at the beginning of a trial.
D) They consist of a brief version of the facts that will be presented during the trial.

Question 37

Alec is a district attorney who is prosecuting a case of art forgery. During jury selection, he declares that Julia, a prospective juror, is unfit to serve on the jury because she and the defendant had been in a relationship many years ago. In this scenario, Alec has exercised a _____.

A) peremptory challenge
B) challenge for cause
C) Batson challenge
D) facial challenge

Question 38

Which of the following statements is true of the protection offered by the Fifth Amendment?

A) It covers only post-arrest and trial silence.
B) It is enforced after a defendant posts bail.
C) It applies only to court-martials.
D) It is granted by judges based on their discretion.

Question 39

Which of the following is a minimum requirement for people to be jurors?

A) They should be able to speak at least two languages.
B) They should have a degree in law.
C) They should be at least twenty-five years of age.
D) They should be free of felony convictions.

Question 40

Which of the following statements is true of the statute of limitations?

A) It minimizes the restrictions on prosecutors.
B) It is applicable to offenses that carry the death penalty.
C) It is not applicable to prosecutions for murder.
D) It does not protect citizens against unreasonable delays before accusation.

Question 41

In a criminal trial, a defendant is compelled to testify at his or her own trial.

Question 42

During the initial appearance, the defendant appears before a judge who decides whether the evidence presented is sufficient for the case to proceed to trial.

Question 43

A murder trial has ended in a hung jury with six jurors for and two jurors against the conviction of the defendant. The presiding judge at the trial directs the jury into seclusion, asking the dissenters to reconsider the opinion of the majority so that a unanimous decision can be reached. In the given scenario, the presiding judge has invoked the _____.

A) Brady rule
B) Missouri Plan
C) Allen charge
D) Marshall Plan

Question 44

A writ of habeas corpus differs from an appeal in that it:

A) can be filed only by someone who is imprisoned.
B) can be filed only by the prosecution.
C) does not apply to death row prisoners.
D) does not allow the use of new DNA evidence.

Question 45

Cross-examination is the examination of a witness by the attorney who calls the witness to the stand to testify.

Question 46

In a criminal trial, the state must prove the defendant's guilt beyond a reasonable doubt.

Question 47

In the context of criminal trials, an arraignment refers to the process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case.

Question 48

In the context of criminal trials, an information is an accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime.

Question 49

At an arraignment, the defendant is informed of the charges and must respond by pleading not guilty or guilty.

Question 50

One of the major goals of the victims' rights movement has been to increase the role of victims in the plea bargaining process.

Question 51

The prohibition against _____ means that once a criminal defendant is found not guilty of a particular crime, the government may not reindict the person and retry him or her for the same crime.

A) sequestration
B) double jeopardy
C) plea bargaining
D) rebuttal

Question 52

In the context of a criminal trial, which of the following statements is true of closing arguments?

A) Effective closing arguments emphasize the shortcomings of the opposing party's case.
B) In effective closing arguments, the prosecutor speaks before the defense attorney.
C) They are made at the end of the preliminary hearing.
D) They are made after the judge gives the jury the charge.

Question 53

_____ is an order that requires corrections officials to bring an inmate before a court and explain why he or she is being held in prison.

A) Habeas corpus
B) Nolo contendere
C) Mandamus
D) Nolle prosequi

Question 54

Citizens are protected against unreasonable delays before accusation by statutes of limitations.

Question 55

Which of the following is one of the most common reasons for wrongful convictions eventually overturned by DNA evidence?

A) False appeals
B) Eyewitness misidentification
C) Faulty polygraph tests
D) Hearsay evidence

Question 56

Which of the following statements is true about the appeals process?

A) Defendants are considered not guilty until proven otherwise.
B) Defendants who are on death row can choose not to exercise their right to appeal.
C) The burden of proof is on defendants.
D) The appellate courts cannot set precedents during the appeals process.

Question 57

_____ is used when deliberations are expected to be lengthy, or when a trial is attracting a high amount of interest and the judge wants to keep the jury from being unduly influenced.

A) Double jeopardy
B) Sequestration
C) Cross-examination
D) Plea bargaining

Question 58

Which of the following statements is true of jury deliberation?

A) It precedes voir dire .
B) It takes place in complete seclusion.
C) It is usually videotaped for future reference.
D) It involves jurors' seeking outside information to help reach a verdict.

Question 59

An affirmative defense strategy is sometimes difficult to carry out because it:

A) forces the defense to prove the reliability of its own evidence.
B) focuses on disproving physical evidence offered by the prosecution.
C) is likely to violate the defendant's right against self-incrimination.
D) is likely to violate the defendant's Sixth Amendment right.

Question 60

The Supreme Court has held that jury verdicts do not have to be unanimous in federal criminal trials.

Question 61

A judge can reverse a hung jury because "no decision" is an illegitimate verdict.

Question 62

Describe plea bargaining. Discuss how prosecutors engage in the practice.

Question 63

The guarantee against being tried a second time for the same crime is known as protection from double-dealing.

Question 64

Briefly discuss two protections explicitly stated in the Sixth Amendment.

Question 65

In the context of pretrial detention, explain bail.

Question 66

Discuss the appeals process and its relation to wrongful convictions.

Question 67

Distinguish between opening statements and closing arguments.

Question 68

Cross-examination usually entails efforts to create doubt in jurors' minds that a witness is reliable.

Question 69

Discuss the features of grand juries.