Question 1

What is the first step toward determining the suspect's guilt or innocence after an arrest has been made?

Accepted Answer

The initial appearance is the first step toward determining the suspect's guilt or innocence after an arrest has been made.

Question 2

All of the following are reasons that a defendant pleads not guilty EXCEPT:

Accepted Answer

The other three options are common reasons for a defendant to plead not guilty, such as trying to negotiate a better plea deal or utilizing possible defenses. However, being unsatisfied with a public defender and demanding a new lawyer is not a common reason for pleading not guilty. It is important to note that a defendant has the right to effective assistance of counsel and can request a new lawyer if they feel their current representation is inadequate, but this would not be the primary reason for pleading not guilty.

Question 3

The ______is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.

Accepted Answer

D

Question 4

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

Accepted Answer

An arraignment is the court proceeding where the defendant is officially informed of the charges against them and asked to enter a plea of guilty or not guilty. An indictment is a formal charging document issued by a grand jury. An initial appearance is the defendant's first court appearance, where they are informed of their rights and the charges against them. A preliminary hearing is a proceeding held to determine if there is enough evidence for the case to proceed to trial.

Question 5

Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place are called:

Accepted Answer

Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place are called statutes of limitations. The purpose of these limits is to ensure that defendants are not subject to prosecution years or even decades after an alleged crime, which could create significant legal and practical problems. Generally, statutes of limitations vary depending on the severity of the crime and the jurisdiction in which it occurred.

Question 6

Which of the following is a true statement?

Accepted Answer

Plea bargaining often results in lighter sentences compared to those found guilty at trial, as it involves negotiation for a lesser charge or sentence in exchange for a guilty plea.

Question 7

What type of trial is conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence?

Accepted Answer

A bench trial is conducted without a jury, where the judge alone makes the determination of the defendant's guilt or innocence.

Question 8

What is the most important factor in deciding whether to prosecute?

Accepted Answer

The most important factor in deciding whether to prosecute is whether sufficient evidence exists to gain a conviction, as this determines the likelihood of a successful prosecution.

Question 9

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

Accepted Answer

The preliminary hearing is where the defendant appears before a judge or magistrate and the prosecution presents evidence to show that there is probable cause that the defendant committed the crime. The judge then decides whether the evidence is sufficient for the case to proceed to trial. The arraignment is where the defendant is formally charged with a crime and enters a plea, while booking is the process of taking the defendant's information and fingerprints into police records. The initial appearance can include both the arraignment and the preliminary hearing, but it is not a specific legal term used in all jurisdictions.

Question 10

Excessive bail is prohibited under the ______Amendment.

Accepted Answer

The Eighth Amendment prohibits excessive bail.

Question 11

Andrew's attorney believes that it may be in Andrew's best interest to plead guilty to the charges against him. His attorney is concerned that the evidence against Andrew is overwhelming and a jury will most likely find him guilty if they go to trial. Andrew decides to plead guilty in exchange for a 15-year prison sentence. What form must Andrew complete that proves Andrew is pleading guilty voluntarily and with full comprehension of the consequences?

Accepted Answer

The Boykin form is used to ensure that a defendant is pleading guilty voluntarily and with full understanding of the consequences, including the rights they are waiving by not going to trial.

Question 12

The judge decides to set Andrew's bail at $1.5 million. Andrew's family owns a home that is worth $1 million. They want to use this property to post Andrew's bail. What is the most likely result of this request?

Accepted Answer

In many jurisdictions, the value of the property used for a property bond must be at least double the bail amount to ensure the court's financial interest is protected.

Question 13

Once the initial appearance has been completed and bail is set, the prosecutor must establish:

Accepted Answer

Probable cause is the standard required for the prosecutor to justify the charges and continue with the prosecution after the initial appearance and bail setting.

Question 14

Case 8-1
Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody.
-At which step leading up to the criminal trial will the judge make the decision to set bail or order Andrew to remain in jail awaiting his trial?

Accepted Answer

The decision to set bail or order a defendant to remain in jail is typically made during the initial appearance.

Question 15

Case 8-1
Andrew was arrested and charged with second degree murder. His family was able to gather enough money to retain a well-respected criminal defense attorney. His attorney believes that it is very important to get Andrew out of jail on bail so he can assist him with his defense. The community prefers that he remain in custody.
-A judge denying Andrew bail because he is fearful that Andrew will commit a crime if released before trial is known as:

Accepted Answer

Preventive detention refers to the practice of holding a defendant in custody before trial based on the belief that they may commit additional crimes if released.

Question 16

About _____of adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi.

Accepted Answer

The answer of About _____of adult felony cases brought to...

Question 17

Which term is Latin for "I will not contest it" and is used as a criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government?

Accepted Answer

"Nolo contendere" is Latin for "I will not contest it" and is used as a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a guilty plea.

Question 18

Once the judge set Andrew's bail at $1.5 million, Andrew's family contacts a bail bond agent. What percentage of the cash bail will the bail bond agent usually request in order to post a bail on Andrew's behalf?

Accepted Answer

Bail bond agents typically charge a fee of 10% of the total bail amount to post bail on behalf of a defendant.

Question 19

What is the formal investigation prior to trial in which the defense uses various methods to obtain information from the prosecution to prepare for trial?

Accepted Answer

Discovery is the formal process by which the defense obtains information from the prosecution to prepare for trial.

Question 20

If the grand jury finds that probable cause exists, it issues a(n):

Accepted Answer

An indictment is a formal charge or accusation of a serious crime, issued by a grand jury when they find probable cause.

Quiz 8: Pretrial Procedures and the Criminal Trial