Question 1

Which of the following involves detecting criminal offenses?

Accepted Answer

Criminal investigation involves the process of legally gathering evidence of a crime, which is aimed at detecting criminal offenses.

Question 2

When a prosecutor declines to prosecute a criminal defendant, what type of motion will he file?

Accepted Answer

Nolle prosequi is the term used when a prosecutor decides not to proceed with charges against a defendant. This decision effectively drops the case against the accused.

Question 3

Which of the following objectives of the criminal justice system best describes the idea that the guilty should be convicted and the innocent go free?

Accepted Answer

Accuracy in the criminal justice system ensures that the guilty are correctly identified and convicted, while the innocent are not wrongfully punished. This objective directly addresses the idea of convicting the guilty and freeing the innocent.

Question 4

Which of the following is the standard by which the prosecution must prove guilt in a criminal trial?

Accepted Answer

The standard by which the prosecution must prove guilt in a criminal trial is "beyond a reasonable doubt." This means the evidence presented must be so convincing that there is no reasonable doubt in the mind of a reasonable person that the defendant is guilty.

Question 5

Which of the following best describes the criminal justice system objective of equality?

Accepted Answer

Equality in the criminal justice system means ensuring that all defendants receive the same quality of justice, regardless of their background or circumstances. This encompasses fair treatment, access to legal representation, and equal consideration under the law.

Question 6

A jury is generally composed of ______ persons.

Accepted Answer

A jury is generally composed of 12 persons, which is a standard size for juries in many legal systems, especially in criminal cases.

Question 7

A ______ refers to a lawyer appointed by a district court judge for an 8-year term.

Accepted Answer

A magistrate is a type of judge or judicial officer who is appointed by a district court judge for an 8-year term, handling various duties that can include overseeing preliminary court proceedings and other judicial functions.

Question 8

All of the following are sources of law except ______.

Accepted Answer

Tribal law is not considered a universal source of law in the context of national legal systems, as it pertains specifically to the self-governing regulations of indigenous tribes and not to the broader legal framework that applies to all citizens within a country.

Question 9

All of the following were identified as objectives of criminal procedure except ______.

Accepted Answer

Loyalty is not typically identified as an objective of criminal procedure. The main objectives usually include ensuring justice, facilitating participation, and showing respect for all parties involved in the legal process.

Question 10

Which of the following phases involves recording information regarding the arrestee and taking a mug shot and fingerprints?

Accepted Answer

The postarrest phase involves procedures such as recording information about the arrestee, taking a mug shot, and collecting fingerprints. This is part of the booking process that follows an arrest.

Question 11

All of the following are examples of the use of discretion except ______.

Accepted Answer

Judges do not use discretion in advocating for sentences; they use discretion in deciding or ruling on sentences based on the law and case facts. Advocacy for a particular sentence is more aligned with the roles of prosecutors or defense attorneys, not judges.

Question 12

Which of the following defines the factual elements of a criminal offense?

Accepted Answer

Substantive criminal law defines the rights and responsibilities of individuals and establishes the factual elements of criminal offenses, such as what constitutes theft or murder.

Question 13

Which actor in the criminal justice system has the responsibility of deciding whether to formally charge a suspect?

Accepted Answer

The prosecution, typically the district attorney or a similar official, has the responsibility of deciding whether to formally charge a suspect with a crime.

Question 14

All of the following are standard sentences following a criminal conviction except ______.

Accepted Answer

Restitution is not a standard sentence but rather a court-ordered payment by the offender to the victim for the harm caused by the crime.

Question 15

All of the following are examples of pretrial motions that can be filed by defense attorneys except ______.

Accepted Answer

The answer of All of the following are examples of...

Question 16

All of the following Amendments to the U.S.Constitution address issues of criminal procedure except ______.

Accepted Answer

The First Amendment addresses freedoms concerning religion, expression, assembly, and the right to petition. It does not deal with criminal procedure, unlike the Sixth (rights of accused persons in criminal cases), Eighth (protections against excessive bail, fines, and cruel and unusual punishment), and Fourteenth Amendments (addresses many aspects of justice and includes the Due Process Clause).

Question 17

If a police officer decides not to file a charge, they are exercising ______.

Accepted Answer

Discretion refers to the power or right to decide or act according to one's own judgment; in the context of law enforcement, it allows officers to decide whether or not to pursue charges in certain situations.

Question 18

Which of the following follows the pretrial?

Accepted Answer

Arraignment follows the pretrial phase, where the defendant is formally charged and asked to enter a plea.

Question 19

What level of proof must be established for a police officer to make an arrest?

Accepted Answer

Probable cause is the level of proof required for a police officer to make an arrest. It means that there is a reasonable basis to believe that a crime may have been committed and that the person to be arrested is responsible for it.

Question 20

Which of the following objectives refers to defendants having the opportunity for representation by lawyers at crucial points in the criminal justice process?

Accepted Answer

The answer of Which of the following objectives refers to...

Quiz 1: An Introduction to Criminal Procedure