Question 1

Completion:
-The term _________ refers to the location of the trial.

Accepted Answer

The answer of Completion:
-The term _________ refers to the location...

Question 2

Completion:
-The U.S. Constitution provides, "A Person charged in any State with _________, Felony or any other crime, who shall flee from Justice, and be found in another state, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the crime."

Accepted Answer

The answer of Completion:
-The U.S. Constitution provides, "A Person charged...

Question 3

Which ONE of the following statements concerning a motion to suppress a defendant's confession or admissions made to the police is INCORRECT?

Accepted Answer

This statement is incorrect as a trial court's ruling suppressing a defendant's confession can lead to a dismissal of the prosecution's charges against the defendant, particularly if the confession was the only significant evidence against the defendant. A motion to suppress a confession or admissions can be a critical pre-trial motion in a criminal case. The other statements are correct - for example, the Supreme Court has ruled that a defendant has a constitutional right to have the court determine whether a confession is voluntary before it is revealed to the trial jury; generally, before ruling on a motion to suppress a confession or admissions, the trial court conducts an evidentiary hearing; and a motion to suppress a confession or admissions may bring into focus the issue of whether the police administered Miranda warnings to the defendant before obtaining the confession or admissions sought to be suppressed.

Question 4

In determining whether to proceed against a defendant on multiple criminal charges jointly or separately, which ONE of the following factors is the most essential consideration for a prosecutor?

Accepted Answer

The most essential consideration for a prosecutor in determining whether to proceed against a defendant on multiple criminal charges jointly or separately is whether a set of violations may constitute distinct violations of criminal statutes, yet may be considered part of the "same offense" under the Double Jeopardy Clause of the U.S. Constitution. This is because trying the defendant for the same offense multiple times violates the prohibition against double jeopardy. The other factors, such as time saved in trial, inconvenience to counsel and witnesses, and statutes being described in separately enumerated statutes, are also relevant but not as essential as the double jeopardy issue.

Question 5

Completion:
-The _________ Amendment to the Constitution guarantees a defendant in a criminal case the right to "have the compulsory process of the law to obtain witnesses in his favor."

Accepted Answer

The answer of Completion:
-The _________ Amendment to the Constitution guarantees...

Question 6

Completion:
-The singling out of an individual for prosecution based on that person's race or religion is known as ___________ prosecution.

Accepted Answer

The answer of Completion:
-The singling out of an individual for...

Question 7

Completion:
-The federal law that allows a court to detain an arrestee without bail on grounds of the arrestee's dangerousness to the community is the _________________________________ of 1984.

Accepted Answer

The answer of Completion:
-The federal law that allows a court...

Question 8

Completion:
-An accusatorial document filed under oath by a prosecutor charging an individual with a criminal offense is known as (a)(an) _______________________.

Accepted Answer

The answer of Completion:
-An accusatorial document filed under oath by...

Question 9

Completion:
-The pretrial stage when a magistrate or judge examines the government's case to determine if there is probable cause to bind the accused over to a grand jury or to hold the accused for trial is known as a _______________________.

Accepted Answer

The answer of Completion:
-The pretrial stage when a magistrate or...

Question 10

Completion:
-Granting a defendant pretrial release is commonly referred to as granting _________.

Accepted Answer

The answer of Completion:
-Granting a defendant pretrial release is commonly...

Question 11

Which ONE of the following statements concerning a defendant's right to a speedy trial is INCORRECT?

Accepted Answer

This statement is incorrect. Rules prescribing time limits on trials of felonies and misdemeanors tend to have provisions for exceptions to the time limits, such as delays caused by the defendant or defense counsel. Exceptions may also be granted for necessary continuances or if the interests of justice require a delay.

Question 12

Completion:
-The surrender, on demand, of an individual accused or convicted of an offense within the territorial jurisdiction of the demanding government is known as _________.

Accepted Answer

The answer of Completion:
-The surrender, on demand, of an individual...

Question 13

Completion:
-Under federal law an indictment is supposed to be filed within _________ days of arrest.

Accepted Answer

The answer of Completion:
-Under federal law an indictment is supposed...

Question 14

Completion:
-To challenge preindictment delay under the Speedy Trial Act, a defendant must show _____________ and deliberate design by the government

Accepted Answer

The answer of Completion:
-To challenge preindictment delay under the Speedy...

Question 15

Completion:
-The federal law that provides that after a witness testifies, the government, on request of the defense, must produce the portion of any statement or report that relates to the matter as to which the witness has testified is known as the ___________ Act.

Accepted Answer

The answer of Completion:
-The federal law that provides that after...

Question 16

Completion:
-__________ immunity bars any further prosecution of a witness for the specific transactions to which he or she has testified.

Accepted Answer

The answer of Completion:
-__________ immunity bars any further prosecution of...

Question 17

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.

Accepted Answer

The method of securing a defendant's constitutional right to compulsory process is by requesting a subpoena, which is a formal written demand for the production of documents or testimony from witnesses. A writ of habeas corpus is used to challenge the legality of a person's detention, the identity of a confidential informant is not related to compulsory process, and permission to take a discovery deposition is a separate procedure in the legal process.

Question 18

Completion:
-The federal statute that provides specific time limits for pretrial and trial procedures in federal courts is the ________________ Act of 1974.

Accepted Answer

The answer of Completion:
-The federal statute that provides specific time...

Question 19

Completion:
-Release of an accused pending trial on the accused's written promise to appear at all required court proceedings is a mode of pretrial release known as the accused's ___________________.

Accepted Answer

The answer of Completion:
-Release of an accused pending trial on...

Question 20

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.

Accepted Answer

Exculpatory evidence is evidence that is favorable to the accused and could exonerate them or reduce their sentence. If a prosecutor knowingly withholds such evidence, it violates the accused's due process rights. Hearsay evidence is generally admissible in court under certain circumstances, evanescent evidence refers to evidence that is likely to disappear or be destroyed soon, and physical evidence is not necessarily exculpatory and may or may not need to be disclosed by the prosecutor.

Quiz 5: The Pretrial Process

Completion: -The term _________ refers to the location of the trial.

Which ONE of the following statements concerning a motion to suppress a defendant's confession or admissions made to the police is INCORRECT?

In determining whether to proceed against a defendant on multiple criminal charges jointly or separately, which ONE of the following factors is the most essential consideration for a prosecutor?

Completion: -The _________ Amendment to the Constitution guarantees a defendant in a criminal case the right to "have the compulsory process of the law to obtain witnesses in his favor."

Completion: -The singling out of an individual for prosecution based on that person's race or religion is known as ___________ prosecution.

Completion: -The federal law that allows a court to detain an arrestee without bail on grounds of the arrestee's dangerousness to the community is the _________________________________ of 1984.

Completion: -An accusatorial document filed under oath by a prosecutor charging an individual with a criminal offense is known as (a)(an) _______________________.

Completion: -The pretrial stage when a magistrate or judge examines the government's case to determine if there is probable cause to bind the accused over to a grand jury or to hold the accused for trial is known as a _______________________.

Completion: -Granting a defendant pretrial release is commonly referred to as granting _________.

Which ONE of the following statements concerning a defendant's right to a speedy trial is INCORRECT?

Completion: -The surrender, on demand, of an individual accused or convicted of an offense within the territorial jurisdiction of the demanding government is known as _________.

Completion: -Under federal law an indictment is supposed to be filed within _________ days of arrest.

Completion: -To challenge preindictment delay under the Speedy Trial Act, a defendant must show _____________ and deliberate design by the government

Completion: -The federal law that provides that after a witness testifies, the government, on request of the defense, must produce the portion of any statement or report that relates to the matter as to which the witness has testified is known as the ___________ Act.

Completion: -__________ immunity bars any further prosecution of a witness for the specific transactions to which he or she has testified.

The method of securing a defendant's constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________________.

Completion: -The federal statute that provides specific time limits for pretrial and trial procedures in federal courts is the ________________ Act of 1974.

Completion: -Release of an accused pending trial on the accused's written promise to appear at all required court proceedings is a mode of pretrial release known as the accused's ___________________.

Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused.