Question 1

A defendant is usually present during a grand jury inquiry and the defense cross examines witnesses.

Accepted Answer

Defendants are not usually present during a grand jury inquiry and there is no defense cross examination. The purpose of a grand jury is for prosecutors to present evidence to determine whether there is probable cause to bring criminal charges against a defendant. Therefore, the process is typically secret and ex parte, meaning only the prosecution presents evidence to the grand jury.

Question 2

Grand juries are comprised of private citizens who hear evidence presented by the prosecution and often consist of _______________ members.

Accepted Answer

Grand juries typically consist of 16 to 23 members, with 23 being a common number in federal grand juries.

Question 3

What federal legislation allows federal judges to deny bail to persons who are thought to be dangerous?

Accepted Answer

The 1984 Federal Bail Reform Act allows federal judges to deny bail to individuals deemed dangerous, focusing on public safety concerns.

Question 4

What type of plea is most similar to a guilty plea?

Accepted Answer

A nolo contendere plea (also known as a "no contest" plea) is most similar to a guilty plea because the defendant is not admitting guilt, but they are also not contesting the charges against them. It is essentially an acceptance of punishment without admitting actual guilt, just like a guilty plea.

Question 5

McNabb v.U.S.formally established that a defendant being held in custody has a right to appear in court before a magistrate:

Accepted Answer

McNabb v. U.S. established that a defendant must be brought before a magistrate within 48 hours of arrest. This established the requirement for a prompt initial appearance, which serves to protect the defendant's rights, provide information about charges, and ensure the setting of bail.

Question 6

Which of the following is not a type of juror challenge?

Accepted Answer

Challenges for knowledge are not a type of juror challenge. The three types of juror challenges are challenges for cause, peremptory challenges, and challenges to the array.

Question 7

Release on recognizance is defined as:

Accepted Answer

Release on recognizance (ROR) is the pretrial release of a criminal defendant based on their written promise to appear in court as required, without the need for posting bail or providing security. It is typically granted to low-risk defendants who pose no flight risk or danger to the community.

Question 8

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

Accepted Answer

Testimony is the oral evidence offered by a sworn witness on the witness stand during a criminal trial. Hearsay evidence is an out-of-court statement offered as evidence for the truth of the matter asserted and is generally not admissible in court. Expert information is provided by an expert witness and pertains to their area of expertise. Perjury is the act of lying under oath.

Question 9

The primary purpose of the criminal trial is:

Accepted Answer

The primary purpose of a criminal trial is to determine whether the defendant is guilty or innocent of the crime they are accused of committing. While safeguarding the trial system and ensuring a defendant's rights are important components of the trial process, the ultimate goal is to determine the defendant's guilt or innocence. Determining whether a crime has been committed is typically established prior to the trial through investigation and evidence-gathering. Therefore, A is the best answer.

Question 10

Automatic video recording of the proceedings,using ceiling-mounted cameras with voice-initiated switching is a step in attempting to improve the adjudication process.

Accepted Answer

Ceiling-mounted cameras with voice-initiated switching can help in capturing all the important moments of the proceedings and ensure that all the parties are given a fair chance to present their case. This can contribute to improving the adjudication process.

Question 11

The two-sided structure under which American criminal trial courts operate is also known as:

Accepted Answer

The two-sided structure under which American criminal trial courts operate is known as the "adversarial system." This system is based on the idea that two opposing sides (prosecution and defense) present evidence and arguments to a neutral judge and/or jury, who then decide on the defendant's guilt or innocence.

Question 12

Plea bargaining circumvents the trial process and dramatically reduces the time required for
the resolution of a criminal case.

Accepted Answer

Plea bargaining allows for a plea agreement between the prosecution and defendant, which often results in a guilty plea and a reduced sentence. This avoids the need for a trial, saving time and resources.

Question 13

Bail serves two purposes.One is to help ensure the reappearance of the accused at trial.The other is:

Accepted Answer

The purpose of bail is not only to ensure the reappearance of the accused at trial but also to prevent people who have not been convicted from suffering imprisonment unnecessarily. This is achieved by allowing those accused of crimes to be released from jail by paying bail, which can be refunded if they appear in court as required. This way, individuals who have not yet been convicted are not subjected to unnecessary pretrial detention. Bail does not exist to help defendants spend time with their families, assist their attorneys, or keep them employed.

Question 14

Weapons,tire tracks,and fingerprints are what type of evidence?

Accepted Answer

Weapons, tire tracks, and fingerprints are physical objects that can be presented as evidence in court, which makes them real evidence. Direct evidence refers to eyewitness testimony or evidence that directly proves a fact without requiring any inference, while circumstantial evidence involves using facts to draw inferences that can support a conclusion. Testimonial evidence involves testimony given by a witness or expert witness.

Question 15

An " oral or written request made to a court at any time before,during,or after court proceedings,asking the court to make a specified finding,decision,or order." is also known as:

Accepted Answer

A motion is a request made to a court for a specific finding, decision, or order. The request can be made before, during or even after court proceedings.

Question 16

One group designed to help improve the court system and the adjudication process is:

Accepted Answer

Court-watch groups are designed specifically to monitor and observe court proceedings, with the goal of improving efficiency, fairness, and transparency in the adjudication process. These groups can provide valuable feedback to judges and court officials, identify areas of concern or potential bias, and advocate for reforms or changes to policies and procedures. Police watch groups and children's advocate groups may also play important roles in the justice system, but they are not as directly focused on improving the courts themselves. The U.S. Supreme Court is the highest court in the land, but it is not a group dedicated to improving the court system as a whole.

Question 17

Dying declarations and spontaneous statements are considered exceptions to the hearsay rule.

Accepted Answer

Dying declarations and spontaneous statements made under certain circumstances are recognized exceptions to the hearsay rule, meaning that they may be admissible as evidence in court despite being hearsay.

Question 18

Challenge to the Array is tool used by judges to bar real evidence from the criminal trial.

Accepted Answer

There is no such thing as "Challenge to the Array." It is possible that this phrase is a misinterpretation or misunderstanding of a legitimate legal term or procedure. However, the statement as written is false.

Question 19

The bail decision is made at what stage of the court process?

Accepted Answer

The bail decision is typically made at the first appearance, where the defendant is informed of the charges and the judge decides on bail.

Question 20

A preliminary hearing is held to:

Accepted Answer

A preliminary hearing is held to determine whether there is probable cause to hold the defendant for trial. It is not held to determine guilt or innocence, allow the defendant to enter a plea, or revisit the bail/release decision.

Quiz 10: Pretrial Activities and the Criminal Trial