Deck 10: Pretrial Activities and the Criminal Trial

Question 1

Overall,approximately what percent of state criminal cases are resolved through plea bargaining?

A)Almost 50 percent
B)Almost 75 percent
C)Almost 85 percent
D)Almost 95 percent

Answer 1

D

Question 2

American criminal trial courts operate under a structure known as

A)presentation of evidence.
B)the adversarial system.
C)jury selection.
D)the reasonable doubt doctrine.

Answer 2

B

Question 3

When is a probable cause hearing necessary?

A)When there is an extended delay before the defendant appears before a magistrate
B)When the arrest was made without a warrant
C)When the suspect is being held without bail
D)When the suspect requests one

Answer 3

B

Question 4

The primary purpose of a criminal trial is to

A)determine the guilt or innocence of a defendant.
B)determine if a crime has been committed.
C)safeguard the trial system of the United States.
D)ensure a defendant's rights have been safeguarded.

Question 5

Which of the following is a purpose of bail?

A)To allow defendants to spend time with their families
B)To allow defendants to assist the attorneys with their case
C)To ensure that defendants remain employed during the pretrial period
D)To prevent unconvicted suspects from suffering imprisonment unnecessarily

Question 6

An indictment is filed by the

A)grand jury.
B)prosecutor.
C)bailiff.
D)defense attorney.

Question 7

When a defendant "stands mute" at arraignment,he or she is considered to have entered a

A)no-contest plea.
B)not guilty plea.
C)guilty plea.
D)negotiated plea.

Question 8

A(n)________ law limits the right to bail for certain kinds of offenders.

A)judicial concern
B)security
C)detention
D)danger

Question 9

Defendants who are given the option of deposit bail

A)are required to post the full amount of the bail with the court.
B)forfeit the entire amount of court-ordered bail if they fair to appear in court.
C)receive the full amount of the deposit back when they appear in court.
D)are required to comply with various conditions imposed by the court.

Question 10

While all of the following may occur at a first appearance,which of the following does not always occur?

A)Defendants are advised of their rights.
B)Defendants are given formal notice of the charges against them.
C)Defendants are given the opportunity for bail.
D)Defendants are given the opportunity to retain a lawyer or have one appointed.

Question 11

Release on recognizance

A)requires the defendant to pay bail in cash.
B)permits the defendant to post non-cash collateral.
C)results in the pretrial detention of a suspect.
D)permits release on the basis of a written promise to appear.

Question 12

________ is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged.

A)Adversarial guilt
B)Legal guilt
C)Factual guilt
D)Evidential guilt

Question 13

What is the primary purpose of the preliminary hearing?

A)To give defendants the opportunity to challenge the legal basis for their detention
B)To once again inform defendants of the specific charges against them
C)To allow defendants to enter a plea
D)To help ensure defendants will reappear when summoned by the court

Question 14

Which of the following is not a type of risk that judicial officers consider when making pretrial release decisions?

A)The risk to the defendant of remaining in jail until trial
B)The risk that the defendant will fail to appear at a scheduled court appearance
C)The risk to public safety
D)The risk of flight

Question 15

Bob consigned all of his stock holdings to the court as collateral to ensure he would not abscond before trial.What type of bail did Bob post?

A)Unsecured bond
B)Signature bond
C)Deposit bail
D)Property bond

Question 16

If a grand jury is not used,the prosecutor files a(n)________ against the accused.

A)charging document
B)information
C)peremptory challenge
D)property bond

Question 17

Based on the decision in McNabb v.U.S.,the standard maximum time by which a first appearance should be held has been set at ________ hours after arrest.

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

Question 18

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 19

Which of the following alternatives to bail does not place any money or other items at risk if the defendant fails to appear in court?

A)Third-party custody release
B)Property bond
C)Unsecured bond
D)Deposit bail

Question 20

What is the earliest stage of the court process at which defendant may be given formal notice of the charges against them?

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

Question 21

The right to a speedy trial is guaranteed by the ________ Amendment to the U.S.Constitution.

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

Question 22

During jury selection,challenges for cause

A)are restricted in number by statute.
B)do not require the attorney to give a reason for the challenge.
C)signify the belief that the juror pool is biased in some way.
D)claim that an individual juror cannot be fair or impartial.

Question 23

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 24

Release on recognizance does not require the payment of a cash bond.

Question 25

Court ________ would reduce the number of jurisdictions.

A)sequestration
B)unification
C)nullification
D)professionalization

Question 26

During the first appearance,the suspect is given the opportunity to present evidence of his or her innocence.

Question 27

An oral or written request 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)a trial de novo.

Question 28

Evidence that requires interpretation or that requires a judge or jury to draw conclusions based on what the evidence indicates is called

A)circumstantial evidence.
B)exculpatory evidence.
C)real evidence.
D)direct evidence.

Question 29

Removing the jurors from all possible outside influences is known as ________ the jury.

A)sequestering
B)separating
C)segregating
D)isolating

Question 30

The standard of proof required for conviction in a criminal trial is

A)reasonable grounds.
B)probable cause.
C)beyond a reasonable doubt.
D)preponderance of the evidence.

Question 31

Fingerprints and tire tracks examples of ________ evidence.

A)direct
B)real
C)testimonial
D)circumstantial

Question 32

What is a hung jury?

A)A jury that refuses to leave after the trial ends
B)A jury that ignores the evidence when deciding its verdict on the case
C)A jury that is not impartial
D)A jury that is unable to agree on a verdict

Question 33

If the prosecutor calls a witness to the stand,who conducts the redirect examination?

A)The prosecutor
B)The defense attorney
C)The judge
D)The jury

Question 34

Defendants are entitled to be represented by counsel at a first appearance.

Question 35

Which of the following is an exception to the hearsay rule?

A)An opening statement
B)A peremptory challenge
C)A dying declaration
D)The presentation of direct evidence

Question 36

The defendant is required to be present during a grand jury hearing.

Question 37

The right to bail is guaranteed in the Constitution.

Question 38

The purpose of a preliminary hearing is to determine the guilt of a defendant.

Question 39

Joel has been sworn in as a witness in a criminal trial.When asked about the defendant's whereabouts at the time of the crime,Joel deliberately lies to give the defendant an alibi.Joel's action is known as

A)probative value.
B)perjury.
C)hearsay.
D)reasonable doubt.

Question 40

Plea bargaining reduces the time needed to resolve a criminal case by circumventing the trial process.

Question 41

Court unification would prevent sentencing variation by different judges.

Question 42

In states that do not use grand juries,the prosecutor files a(n)________ or complaint against the accused.

Question 43

During the ________,defendants are brought before a judge or magistrate to be advised of their rights and to be given formal notice of the charges against them.

Question 44

If evidence has probative value,judges are required to admit it.

Question 45

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

Question 46

If a defendant refuses to testify at trial,the judge can tell the jury this may be an indication that the defendant is guilty.

Question 47

The practice of ________ involves holding defendants who are considered flight risks in jail until trial.

Question 48

Peremptory challenges may not be used to exclude potential jurors on the basis of either race or gender.

Question 49

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

Question 50

If a defendant requests a three-week continuance from the court,this delay does not affect the time limits required for a speedy trial.

Question 51

The adversarial system used in the U.S.is based on the advocacy model.

Question 52

A challenge to the array is used by judges to bar real evidence from the criminal trial.

Question 53

In some states,________ laws limit the right to bail to certain kinds of offenders.

Question 54

A dying declaration is an exception to the hearsay rule.

Question 55

During the closing argument,the judge reviews the evidence and explains the statutory elements of the alleged offense to the jury.

Question 56

The majority of criminal cases are resolved through negotiated pleas.

Question 57

A professional jury system may lead to a lack of peer juries.

Question 58

For a witness to be guilty of perjury,the false statement must have been made intentionally.

Question 59

________ is/are an alternative to bail that allow release based on the defendant's written promise to appear.

Question 60

Legal guilt deals with the issue of whether the defendant is actually responsible for the crime of which he or she is accused.

Question 61

________ challenges allow an attorney to remove a potential juror without giving a reason.

Question 62

Citizen ________ regularly monitor court proceedings and document and publicize inadequacies.

Question 63

________ is 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.

Question 64

The standard of proof necessary for conviction in criminal trials is ________.

Question 65

At the end of the trial,the prosecution and defense may present ________ to the judge and/or jury.

Question 66

Match the action with the pretrial activity during which it first occurs.Some pretrial activities may be used more than once.

A)First appearance
B)Grand jury
C)Arraignment
D)Preliminary hearing
Defendant are given formal notice of the charges against them

Question 67

Criminal trials under the U.S.system of justice are built around a(n)________ system.

Question 68

Match the action with the pretrial activity during which it first occurs.Some pretrial activities may be used more than once.

A)First appearance
B)Grand jury
C)Arraignment
D)Preliminary hearing
Court determines if there is probable cause to hold the defendant for trial

Question 69

A(n)________ jury is isolated from the public during the course of a trial and throughout the deliberation process.

Question 70

In some states,________ may be allowed to testify by closed-circuit television.

Question 71

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

Question 72

After making a decision in a case,the jury delivers its ________ to the court.

Question 73

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

Question 74

Match the action with the pretrial activity during which it first occurs.Some pretrial activities may be used more than once.

A)First appearance
B)Grand jury
C)Arraignment
D)Preliminary hearing
The defendant enters a plea

Question 75

Although a plea of ________ is not an admission of guilt or innocence,the defendant is immediately convicted and sentenced as if he or she had pled guilty.

Question 76

Match the action with the pretrial activity during which it first occurs.Some pretrial activities may be used more than once.

A)First appearance
B)Grand jury
C)Arraignment
D)Preliminary hearing
Defendants may be ordered to undergo evaluation to determine if they are competent to stand trial

Question 77

Before a witness is allowed to testify,the person's ________ must be established by the attorney who will be questioning that witness.

Question 78

A defendant generally enters a plea at the ________.

Question 79

The federal ________ allows charges to be dismissed in federal criminal cases where the prosecution does not seek an indictment or information within a specified time period.

Question 80

Match the action with the pretrial activity during which it first occurs.Some pretrial activities may be used more than once.

A)First appearance
B)Grand jury
C)Arraignment
D)Preliminary hearing
Refers an indictment to the trial court