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1. Which is a sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that
an individual has committed an offense and requesting prosecution?
a.
Indictment
b.
Arraignment
c.
Complaint
d.
Warrant
2. Which is an initial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to
enter a plea?
a.
Indictment
b.
Arraignment
c.
Complaint
d.
Grand jury hearing
3. In historical English law, sheriffs sometimes abused their power, leading Parliament to issued which statute in 1275,
which established bailable offenses.
a.
Westminster
b.
West Chester
c.
Westinghouse
d.
Worcester
4. In which case was the U.S. Supreme Court’s interpretation of the Eighth Amendment’s provisions on bail set in 1951?
a.
Stack v. Boyle
b.
Crosby v. Malkin
c.
Tennessee v. Martin
d.
McNamara v. Driscoll
5. Which of the following reasons is not an issue normally considered when deciding whether or not to grant bail?
a.
seriousness of the crime
b.
potential flight risk of the accused
c.
age of the accused
d.
victim impact statements
6. In some jurisdictions, which type of bail is defined by the defendant paying the total amount out of pocket with either
cash or property?
a.
Surety bail
b.
Security bail
c.
Full cash bail
d.
Deposit bail
7. Individuals who are either denied bond or cannot afford to post bond are referred to as:
a.
Recognizance offenders.
b.
Pretrial detainees.
c.
Captive convict.
d.
Insolvent prisoner.
8. Which act mandated that no defendants shall be kept in pretrial detention simply because they cannot afford the
monetary bail?
a.
Bail Reform Act of 1984
b.
The Federal Lautenberg Act of 1996
c.
Pretrial Bond Act of 1988
d.
Due Process Release Act of 1971
9. Of the following property crimes, which is most likely to have the highest average bail set for felony arrests?
a.
Larceny
b.
Burglary
c.
Motor vehicle theft
d.
Fraud
10. Defendants who are rearrested for a felony while out on bail are referred to as:
a.
Preventive detainees.
b.
Avertable recidivists.
c.
Obviate detainees.
d.
Precluded recidivists.
11. Laws that require that certain dangerous defendants be confined before trial for their own protection and that of the
community are called:
a.
Preventive detention statutes.
b.
Avertable detention statutes.
c.
Exclusionary statutes.
d.
Avertable statutes.
12. Which court case upheld the use of preventive detention statutes to protect the well-being of the juvenile offender and
the public?
a.
Burton v. Weight
b.
Schall v. Martin
c.
Creamens v. Blake
d.
Salerno v. Fitzsimmons
13. According to early English Law, which of the following stated that no “freeman” could be seized and imprisoned
unless he had been judged by his peers?
a.
Twelve Tables
b.
Treaty of Windsor
c.
Magna Carta
d.
Metropolitan Police Act
14. The grand jury originally was created as a check against the:
a.
Defense attorney.
b.
Prosecution.
c.
Judge.
d.
Magistrate.
15. The report of the grand jury investigation, which usually includes a recommendation of indictment, is called a:
a.
True bill.
b.
Presentment.
c.
Precluding statement.
d.
Exculpatory recommendation.
16. All information that is material and favorable to the accused defendant because it casts doubt on the defendant’s guilt
or on the evidence the government intends to use at trial is called:
a.
Exculpatory evidence.
b.
Fruit of the poisonous tree.
c.
Innocuous evidence.
d.
Explanatory evidence.
17. A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing
is called:
a.
An arraignment.
b.
Judging.
c.
Information.
d.
A warrant.
18. Which procedure is often used as an alternative to the grand jury?
a.
Initial hearing
b.
Arraignment
c.
Preliminary hearing
d.
Criminal trial
19. Which of the following events—during which the judge informs the defendant of the charges against him or her and
appoints counsel if one has not yet been retained—occurs after an indictment is filed subsequent to a preliminary hearing.
a.
Plea bargain
b.
Pretrial
c.
Arraignment
d.
Bench hearing
20. According to the Innocence Project, which of the following is not a reason for giving a false confession to a crime?
a.
Potential profitability
b.
Coercion
c.
Duress
d.
Mental impairment
21. Which of the following is false regarding plea bargaining?
a.
Pleas must be made voluntarily and without pressure.
b.
Defendants must keep their side of the bargain to receive the promised offer of leniency.
c.
Accepting a guilty plea from a defendant who maintains his or her innocence is valid.
d.
Accepting a guilty plea from a defendant who maintains his or her innocence is valid.
22. Which role is most problematic and controversial in plea negotiations?
a.
Prosecutor
b.
Defense attorney
c.
Defendant
d.
Defendant
23. Diversion is considered after arrest and arraignment but before:
a.
Grand jury indictment.
b.
Trial.
c.
The preliminary hearing.
d.
The bail hearing.
24. In some situations, people placed in diversion programs are believed to be the ones most likely to have otherwise been
dismissed after a brief hearing with a warning or small fine. Critics refer to this as:
a.
Widening the net.
b.
Misrepresenting the system.
c.
An abomination of justice.
d.
Exculpatory practices.
25. What is the term for the group called for jury duty from which jury panels are selected?
a.
Voir dire
b.
Venire
c.
Vino de voir
d.
Dretke rule
26. Which amendment pertains to bail?
a.
Fourth
b.
Fifth
c.
Eighth
d.
Sixth
27. When a motorist is issued a traffic citation, which is the most likely type of release?
a.
Police field citation release
b.
Pretrial court direct release
c.
Police station house citation release
d.
None of the above
28. Which type of bail occurs when a defendant is released, with no immediate requirement for payment unless they do
not appear in court?
a.
Conditional bail
b.
Release on recognizance
c.
Unsecured bond
d.
Surety bail
29. Which type of bail occurs when a defendant is released, without bail, upon their promise to return to court?
a.
Conditional bail
b.
Release on recognizance
c.
Unsecured bond
d.
Surety bail
30. Which of the following is the proceeding held to determine whether probable cause is sufficient to warrant a criminal
trial?
a.
Arraignment
b.
Indictment
c.
Injunction
d.
Preliminary hearing
31. Which of the following is the correct order of events?
a.
Arraignment, preliminary hearing, plea, indictment
b.
Preliminary hearing, indictment, arraignment, plea
c.
Arraignment, preliminary hearing, indictment, plea
d.
Indictment, preliminary hearing, arraignment, plea
32. Which of the following is not a reason for a speedy trial?
a.
To ensure that witnesses are available to testify as soon as possible
b.
Because it is guaranteed by the Fifth Amendment to the U.S. Constitution
c.
To avoid delays that may inhibit the defendant’s ability to defend himself or herself
d.
To avoid lengthy pretrial detentions
33. Which of the following evidentiary standards of proof are used in civil proceedings?
a.
Beyond a reasonable doubt
b.
Clear and convincing
c.
Preponderance of the evidence
d.
Probable cause
CASE 10.1
Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of
the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his
coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was
arrested in August 2012. Given this information, answer the following questions.
34. At his initial hearing, Mr. Crutchfield pleads not guilty to the crime of murder in the first degree. What is this initial
hearing called?
a.
Arraignment
b.
Probable cause hearing
c.
Preliminary hearing
d.
Pretrial hearing
35. Mr. Crutchfield’s bail was set at $250,000,and it was determined that the defendant would pay a percentage of the
bond, about 10%, to a bonding agent, who in turn could post the remainder for Mr. Crutchfield. This is referred to as a:
a.
Full cash bail.
b.
Surety bail.
c.
Deposit bail.
d.
Conditional bail.
36. The evidence against Mr. Crutchfield is presented to the grand jury who charge Mr. Crutchfield with the crime of
murder. This is called:
a.
No bill.
b.
An indictment.
c.
A denunciation.
d.
A summons.
CASE 10.2
Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania, is arrested for the premeditated murder of
his wife, Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately
three miles from her house two weeks after she was reported missing by her parents. Given this information,
answer the following questions.
37. Being a profile case for the city and surrounding area, it is important for the prosecutor and defense to question the
jurors to eliminate any bias. This process is called:
a.
Venire.
b.
Voir dire.
c.
Challenge for cause.
d.
Peremptory challenge.
38. During questioning, it is determined that a young lady who is a possible juror works as a secretary at the same grade
school where the deceased had worked. The defense immediately puts in a request to have this juror removed because of
bias. This request is called:
a.
Peremptory challenge.
b.
Challenge for cause.
c.
Voir dire.
d.
Venire.
39. Having presented its case against Mr. Faulstick, the prosecution rests. Concerned that the state has not proved the
charge against the defendant beyond a reasonable doubt, Mr. Faulstick’s attorney enters a motion for what?
a.
Cross-examination
b.
Direct verdict
c.
Exculpatory clause
d.
Rebuttal verdict
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.
40. At his arraignment, the defendant is asked to plead to the charges. The defendant pleads no contest or what is
otherwise known as:
a.
Nolo contendere.
b.
Aucune declaration.
c.
Ninguna declaración.
d.
Ninguna declaración.
41. In a criminal case, the defendant may plead guilty at the initial hearing and the case may be disposed of immediately.
a.
True
b.
False
42. The Statute of Westminster was established in 1275 which set out the offenses which were bailable and those which
were not.
a.
True
b.
False
43. A majority of criminal defendants are released on bail prior to the trial.
a.
True
b.
False
44. Bail has been criticized as discriminatory because poor individuals are less likely to be able to afford to posting bail.
a.
True
b.
False
45. Virtually all larger jurisdictions in the United States have pretrial release services in one form or another.
a.
True
b.
False
46. 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.
a.
True
b.
False
47. For a guilty plea to be validated by the court it must be both understood and voluntary.
a.
True
b.
False
48. 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.
a.
True
b.
False
49. 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.
a.
True
b.
False
50. The Supreme Court, in the case of Newspapers Inc v. Virginia (1980) concluded that criminal trials must stay open to
the press.
a.
True
b.
False
51. 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.
a.
True
b.
False
52. 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.
a.
True
b.
False
53. 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.
a.
True
b.
False
54. It is legal for a criminal defendant to waive his or her right to counsel and defend one’s self at trial.
a.
True
b.
False
55. 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.”
a.
True
b.
False
56. 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.
a.
True
b.
False
57. Pretrial detention accounts for more incarceration than does postsentencing imprisonment.
a.
True
b.
False
58. Jail overcrowding has gotten worse in recent years.
a.
True
b.
False
59. The use of grand juries is gaining popularity and increasing in frequency.
a.
True
b.
False
60. The defendant’s defense attorney is not permitted to be present during grand jury proceedings.
a.
True
b.
False
61. The preliminary hearing provides advantages to the defendant not afforded under a grand jury proceeding.
a.
True
b.
False
62. Over 90% of criminal cases end with guilty pleas.
a.
True
b.
False
63. Direct examination refers to the prosecution’s questioning of a defense witness or the defense’s questioning of a
prosecution witness.
a.
True
b.
False
64. Legal and administrative actions that take place after arrest and before trial are referred to as __________________.
65. The monetary amount required for pretrial release, normally set by a judge, which is meant to ensure that the accused
returns for additional hearings is called ______________.
66. __________________ are referred to as individuals who either are denied bail or cannot afford to post bail before trial
and are kept in secure confinement.
67. __________________ is the pretrial release of a defendant with ties to the community and who is not a flight risk; this
individual is not required to post bail but promises to appear for subsequent hearings.
68. A(n) ________________ is a written accusation returned by a grand jury, charging an individual with a specified
crime after determination of probable cause.
69. __________________ is the action of the grand jury not to indict a suspect.
70. The __________________ is the hearing before a magistrate to determine whether the government has sufficient
evidence to show probable cause that the defendant committed the crime.
71. The act of compelling the production of a witness or evidence via subpoena is called the __________________.
72. In Morris v. Slappy (1983), the courts ruled that the _____________________ Amendment does not require a
“meaningful” relationship between counsel and his or her client.
73. During __________________, the questioning of the prosecution witness by the defense, or vice versa, occurs.
74. A _______________________ is a judicial order requesting that a person produce the body of the prisoner and give
reasons for his or her capture and detention.
75. The not-guilty verdict of John Peter Zenger of the New York Weekly Journal in 1735 is still widely recognized as one
of the most famous examples of ____________________ in the nation’s history.
76. A(n) ___________________________ is the formal written document, usually written and sworn to by a police
officer, that describes the exact details of the crime, including the date and place and the circumstances of the arrest.
77. The general criteria used to assess whether a defendant can be released pretrial is their community ties and prior
history of involvement in _____________________.
78. The three pleas are guilty, not guilty, and ________________________.
79. The evidentiary standard of proof required to convict a defendant in a criminal trial is ____________________
80. In a ___________________ trial, the evidence is heard by a judge, who renders the verdict, as opposed to a jury.
81. Describe the procedures following an arrest, using an imaginary criminal and suspect as your example.
82. Define bail and then list and define the forms of bail listed in the text.
83. Define pretrial services and explain in detail how the process is used in the American court system.
84. Compare and contrast the grand jury and the preliminary hearing.
85. Define plea bargain, then fully explain the procedures a judge must follow when accepting a plea of guilty.
86. List and define the pros and cons associated with plea bargaining. Do you think plea bargaining will ever be
abolished? Why, or why not?
87. Describe the role of the prosecutor, defense attorney, judge and victim in plea bargaining. Who, in your opinion, is the
primary role player? Explain.
88. Describe the process of selecting a jury. In doing so, list and describe some of the challenges associated with selecting
a fair and impartial jury.
89. Explain some of the benefits of pretrial services.
90. Explain the two roles of the grand jury.
91. Explain the nuances of the “no contest” plea.
92. Explain how plea bargaining is beneficial to the both the prosecution and the defendant.
93. Explain some of the ways a factually innocent defendant may suffer because of plea bargaining.
