Question 1

For a guilty plea to be validated by the court it must be both understood and voluntary.

Accepted Answer

A guilty plea must be made with a full understanding of the consequences and effects of the plea, and must be entered voluntarily, without coercion, duress, or promises of leniency. The court will typically determine whether a guilty plea meets these criteria before accepting it as valid.

Question 2

Pretrial detention accounts for more incarceration than does postsentencing imprisonment.

Accepted Answer

According to data from the Bureau of Justice Statistics, pretrial detention accounts for a larger percentage of the total incarcerated population than postsentencing imprisonment. As of 2018, 21% of the incarcerated population were in pretrial detention, while 16% were in state or federal prisons.

Question 3

In the case of Baston v. Kentucky, the Supreme Court held that the use of peremptory challenges against potential jurors by prosecutors in criminal cases violated the Constitution if the challenges were based solely on race.

Accepted Answer

This is the holding of the case Baston v. Kentucky, as stated in the question.

Question 4

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
-In a criminal case, the defendant may plead guilty at the initial hearing and the case may be disposed of immediately.

Accepted Answer

In a criminal case, the defendant has the option to plead guilty at the initial hearing, and if the plea is accepted by the court, the case can indeed be disposed of immediately without the need for a trial.

Question 5

According to the landmark decision in Crocker v. Tennessee, victims must be presented with, and agree to, a plea bargain before the court will approve it.

Accepted Answer

The landmark decision in Crocker v. Tennessee did not establish that victims must be presented with and agree to a plea bargain before the court will approve it. This decision related to the defendant's right to withdraw a plea bargain if the victim's family strongly opposed it.

Question 6

The jury's refusal to render a verdict according to the law and fact regardless of the evidence presented is referred to as a "hung jury."

Accepted Answer

A "hung jury" refers to a jury that cannot agree upon a verdict after extended deliberation, not a refusal to render a verdict according to the law and fact.

Question 7

Jury selection formerly was conducted using drivers' licenses and voter registration roles, but has changed in the past five years and is now conducted through census data.

Accepted Answer

Jury selection is still primarily conducted using lists from drivers' licenses and voter registration rolls, among other sources, and not exclusively through census data.

Question 8

The use of grand juries is gaining popularity and increasing in frequency.

Accepted Answer

The use of grand juries is not gaining popularity and has actually been decreasing in frequency in recent years.

Question 9

Virtually all larger jurisdictions in the United States have pretrial release services in one form or another.

Accepted Answer

Pretrial release services are offered in almost all larger jurisdictions in the United States.

Question 10

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
-A majority of criminal defendants are released on bail prior to the trial.

Accepted Answer

While there are certainly circumstances where a defendant may be denied bail, the general practice is to release defendants on bail prior to their trial. However, the amount of bail required may vary based on factors such as the nature of the crime, the defendant's criminal history, and their perceived flight risk. In this particular case, it is possible that the defendant may be denied bail or have a very high bail set due to his prior arrest and possession of weapons and restraints.

Question 11

A judge's decision telling jurors to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt is called a directed verdict.

Accepted Answer

A directed verdict is a decision made by a judge that tells jurors to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt.

Question 12

CASE 10.3
A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions.
-The Statute of Westminster was established in 1275 which set out the offenses which were bailable and those which were not.

Accepted Answer

The statement about the Statute of Westminster is not directly related to the information given about the man's arrest and prior criminal history, but is true. The Statute of Westminster did establish which offenses were bailable and which were not, among other legal reforms.

Question 13

It is legal for a criminal defendant to waive his or her right to counsel and defend one's self at trial.

Accepted Answer

It is legal for a criminal defendant to waive their right to counsel and defend themselves at trial, however, it is highly advised against as it can lead to negative consequences and the defendant may not understand the legal procedures and defenses available to them.

Question 14

Bail has been criticized as discriminatory because poor individuals are less likely to be able to afford to posting bail.

Accepted Answer

This statement is true. Studies have shown that individuals with low incomes are disproportionately affected by the bail system as they are less likely to be able to afford the cost of bail, leading them to remain in jail until their trial. This has led to calls for bail reform in order to address these inequalities.

Question 15

The two main ways for the defense to petition an appellate court for review of the procedures once a client is found guilty are through the appeals process and through habeas corpus.

Accepted Answer

The statement is true. The appeals process and habeas corpus are two methods for the defense to petition an appellate court for review of the procedures after a client has been found guilty.

Question 16

According to United States v. Monsanto it is not unconstitutional for a court to seize a defendant's assets prior to trial, forcing him or her to rely on a public defender.

Accepted Answer

This is true, as stated in the United States v. Monsanto case. The court ruled that assets could be seized to ensure that the defendant would not be able to use those assets to finance their legal defense. This may result in the defendant having to rely on a public defender for their defense.

Question 17

The Supreme Court, in the case of Newspapers Inc v. Virginia (1980) concluded that criminal trials must stay open to the press.

Accepted Answer

The Supreme Court ruled in the case of Richmond Newspapers Inc. v. Virginia (1980) that criminal trials must generally be open to the public and press, as part of the First Amendment's guarantee of freedom of the press and the public's right to know.

Question 18

The defendant's defense attorney is not permitted to be present during grand jury proceedings.

Accepted Answer

During grand jury proceedings, the purpose is to determine whether there is enough evidence to charge someone with a crime, and it is a process led by the prosecution without the presence of a defense attorney.

Question 19

A grand jury is ordinarily made up of five or seven individuals, depending on the requirements of the jurisdiction, which guarantees no ties in the decision process.

Accepted Answer

A grand jury is typically made up of 16-23 individuals, who are selected from the general public and serve for a period of time to hear evidence and decide whether there is enough probable cause to indict a person for a crime. The number of jurors may vary depending on the jurisdiction, but it is typically more than five or seven.

Question 20

Jail overcrowding has gotten worse in recent years.

Accepted Answer

According to multiple studies and reports, jail overcrowding has been on the rise in recent years in many parts of the world. This has been especially challenging during the COVID-19 pandemic, as jails and prisons have struggled to maintain adequate social distancing and other safety measures.

Quiz 10: Pretrial and Trial Procedures