1. In _______________ cases, prosecutors agree to drop the case before formal judicial proceedings begin, on the
condition that suspects participate in and complete a program.
a. diversion
b. validated
c. discretion-laden
d. selective
2. If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:
a. notifying by memo the judge who, if the case goes to trial, will probably preside.
b. notifying by memo the lawyer representing the accused.
c. filing a complaint, information, or indictment with the court.
d. notifying the accused by letter.
3. Nearly __________ people are locked up in jail before they are convicted or released.
a. 250,000
b. 500,000
c. 750,000
d. 1 million
4. What percentage of cases are dropped because of the exclusionary rule?
a. less than 2%
b. about 5%
c. about 10%
d. about 15%
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
5. In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case
on to trial:
a. the detention decision requires probable cause, while the trial decision requires reasonable suspicion.
b. the detention decision requires reasonable suspicion, while the trial decision requires probable cause.
c. both decisions require reasonable suspicion only.
d. both decisions require probable cause, but less probable cause is needed to justify the detention decision
than is necessary to justify the trial decision.
6. What is the term used to describe a lawyers willing to represent their client at no charge?
a. Counsel pro bono
b. Appointed counsel
c. Indigent counsel
d. Retained counsel
7. In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state
took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held
thatthetestfordeterminingiftherehasbeena“prompt”judicialdeterminationofprobablecauseiswhetherthe
arrestee was brought before a judicial officer:
a. without unreasonable delay, under all the circumstances.
b. within 36 hours of arrest, ordinarily.
c. within 48 hours of arrest, ordinarily.
d. within 24 hours of arrest, ordinarily.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
8. Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:
a. by the police at time of arrest.
b. by a magistrate at the first appearance.
c. by a judge at the preliminary hearing.
d. by a judge at trial.
9. During which of the following stages of the criminal process does an individual NOT have a right to counsel?
a. Custodial interrogation
b. Search following arrest
c. Pretrial hearings
d. Arraignment
10. Diversion involves which of the following activities?
a. Diverting suspects into treatment programming as a measure to avoid trial and it may involve a conditional
dropping of charges.
b. Assigning 24 hour oversight of offenders with a history of two or more offenses because of jail
overcrowding.
c. Ensuring that parolees are able to divert funds into a savings account for paying fines.
d. Sending the convicted offender to jail by diverting him first to a work program.
11. The term ___________ prosecution refers to prosecutorial discretion in determining which cases are actively
pursued in light of resource availability and priority of case outcomes.
a. situational
b. indeterminate
c. selective
d. flexible
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
12. According to the Supreme Court opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or
jail:
a. due process entitles all persons not convicted of crimes a single cell.
b. strip searches violate the constitutional rights of persons not yet convicted of crimes.
c. double bunking amount to unconstitutional punishment.
d. prison administrators should be accorded wide ranging deference in the adoption of jail policies.
13. In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel,
courts interpreted that right to mean:
a. all defendants must receive counsel at government expense.
b. defendants have a right to counsel at trial provided they can afford one.
c. defendants do not have a right to counsel until the trial itself, but once trial begins all defendants must
receive lawyers even if they cannot afford them.
d. only felony defendants are entitled to lawyers at government expense.
14. Pro bono counsel is:
a. an attorney admitted to practice before the Supreme Court.
b. a lawyer who represents someone in court without a fee.
c. court appointed counsel for those who cannot hire their own attorney.
d. another term for retained counsel.
15. The right to counsel attaches:
a. when the government files formal charges against defendants.
b. as soon as police investigation focuses on a particular suspect.
c. only at the trial.
d. only after arraignment.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
16. About 20% of defendants charged with petty offenses are released with a written promise to appear in
court, which includes the charges and the court date, which the defendant signs, without admitting guilt.
This is referred to as:
a. Waiver of Bail Release
b. R.O.R. (Released on Recognizance)
c. Conditional Ticket Release
d. Unsecured Bond Release
17. Which of the following is NOT considered to be a function of the first appearance?
a. Setting and/or restricting bail and its conditions
b. Negotiating plea bargains with the judge
c. Informing defendants of the charges against them
d. Appointing counsel for indigent defendants
18. In private Bail Bonds, the bond agency charges usually 10%. Which of the following is TRUE?
a. The defendant forfeits the 10% upon appearance, but forfeits the whole amount if they do not appear.
b. The defendant must pay the 90% balance prior to trial.
c. The defendant must pay the 90% balance upon sentencing.
d. Thedefendant’sbaildepositisreturnediftheyappearincourt.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
19. Which of the following is TRUE with regard to bail?
a. The Judiciary Act of 1789 provides that a person charged with a non-capital offense shall be permitted to
bail.
b. The Eighth Amendment states that citizens have a Constitutional right to bail.
c. The Judiciary Act of 1789 and the Eighth Amendment provides that a person charged with any offense shall
be permitted bail.
d. The Judiciary Act of 1789 did NOT provide that a person charged with a non-capital offense shall be
permitted bail.
20. A grand jury is composed of a group of which of the following individuals?
a. Defense attorneys
b. Private citizens
c. Trial judges
d. Police officers
21. The principal mechanisms for testing the government’s case against defendants prior to trial include:
a. first appearance and arrest warrants
b. arrest warrants
c. grand jury review and preliminary hearings
d. grand jury reviews and arrest warrants
22. The process for allowing judges to deny bail to dangerous defendants is referred to as:
a. Selective enforcement
b. Selective incapacitation
c. Judicial prerogative
d. Preventive detention
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
23. After grand jurors are sworn in, they are charged by the:
a. prosecutor.
b. judge.
c. clerk of court.
d. foreman.
24. The prohibition against double jeopardy attaches:
a. at arrest.
b. after indictment or being bound over following a preliminary hearing.
c. when the first witness testifies.
d. at different times for judge and jury trials.
25. The test for allowing a defendant to be jailed prior to trial is based on:
a. Clearandconvincingevidencethatthedefendanteitherwon’tappearorisathreattopublicsafety.
b. If the victim has received death threats.
c. If the offense is a misdemeanor.
d. Only prior criminal history.
26. The prohibition against double jeopardy prohibits all of the below, except:
a. a second prosecution for the same offense after conviction.
b. multiple punishments for the same offense.
c. a second prosecution for the same offense after acquittal.
d. multiple punishments for multiple crimes stemming from the same act(s).
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
27. Whichcaseaddressedtheissueofwhether“pretrial”conditionsbeforeconvictionsconstituted“punishment”?
a. Bell v Wolfish
b. U.S. v Leon
c. Terry v Ohio
d. Mapp v Ohio
28. The prohibition against double jeopardy is found in the:
a. Sixth Amendment.
b. Fifth Amendment.
c. due process clauses.
d. Eighth Amendment.
29. Whichcaseallowedtherighttocounselfor“indigents”forfelonies?
a. Bell v Wolfish
b. Mapp v Ohio
c. Gideon v Wainwright
d. Terry v Ohio
30. According to the dual sovereignty doctrine:
a. it violates the double jeopardy clause to prosecute and punish a defendant for the same act in separate
jurisdictions.
b. the federal government cannot prosecute a defendant for a similar state crime.
c. different jurisdictions can prosecute and punish a defendant for the same conduct.
d. state governments cannot charge defendants for the same felony.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
31. In Strickland v. Washington, the Court created a two-prong test to evaluate which aspect of the criminal
defendant’sexperience?
a. Effectiveness of counsel in criminal proceedings
b. Appropriate construction of a jury at voir dire
c. Likelihood of prejudice warranting a change of venue
d. Reasonableness of accommodations in pretrial detention
32. You not only have the right to counsel, but also the right to _____________ counsel.
a. comparative
b. affordable
c. effective
d. reasonable
33. The speedy trial clause prohibits:
a. any delay in prosecution.
b. delays caused by the state.
c. delays due to trials of other defendants.
d. only undue delays.
34. If a defendant’s constitutional right to a speedy trial is violated he:
a. charges against the defendant are dismissed.
b. time the defendant spent in jail awaiting trial is deducted from his sentence.
c. court determines the point at which the trial should have commenced and deducts from the sentence the
period of time between then and the date the trial actually started.
d. prosecution must go back to the grand jury stage and start all over.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
35. A factor that the court can consider in deciding a motion for change of venue include is:
a. trials at a distant location place a burden on the witnesses.
b. the courts in the community where the crime occurred are busy.
c. theprosecutor’sofficeinthecommunitywherethecrimeoccurredisshortstaffed.
d. the police in the community where the crime occurred want the trial to remain in their jurisdiction.
36. According to the Supreme Court, the Fourth Amendment requires that the police take suspects detained without
arrest warrants promptly to a judge or magistrate for a determination of probable cause.
a. True
b. False
37. The probable cause needed to detain and the probable cause needed to go to trial require the same amount of
proof.
a. True
b. False
38. If an arrested person does not receive a judicial determination of probable cause within 48 hours, the state bears
the burden of proving that there has not been an unreasonable delay.
a. True
b. False
39. Misdemeanor defendants commonly enter a plea at their first appearance.
a. True
b. False
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
40. The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.
a. True
b. False
41. Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.
a. True
b. False
42. Due process of law requires not just counsel, but effective counsel.
a. True
b. False
43. The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their
attorney’sperformancewasnotreasonablycompetent.
a. True
b. False
44. Preliminary hearings are adversary proceedings.
a. True
b. False
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
45. Most recent legal commentary supports the grand jury process.
a. True
b. False
46. Defendants may only plead nolo contendere with permission of the court.
a. True
b. False
47. It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.
a. True
b. False
48. Adefendant’smotiontochangevenuedoesnotwaivetherighttobetriedinthestateanddistrictwherethecrime
was located.
a. True
b. False
49. Both the state and defense may move for changes of venue.
a. True
b. False
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
50. All dismissals because of speedy trial violations are with prejudice.
a. True
b. False
51. The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead
to the charges is called the _____________.
52. A decision by a prosecutor not to charge a crime if the suspect performs community service instead is called
__________________.
53. The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as
__________________.
54. The pretrial detention of dangerous suspects who pose a threat to community safety is called ________
_________.
55. A lawyer paid for by the client is called _________________ counsel.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
56. If a judge concludes at a preliminary hearing that the government has satisfied its evidentiary burden, the defendant
is ____________ ___________ for trial.
57. A crime arising out of the same facts in one state is not the same crime in another state, for purposes of double
jeopardy, according to the ______________ _________________ doctrine.
58. The formal name for the place where a trial is held is the ____________________.
59. A jury that cannot reach a verdict after lengthy deliberations is a/an ___________ jury.
60. The record of the numbers grand jurors voting for an indictment is referred to as the _________.
61. Why and when do police officers have to take arrested suspects to a magistrate?
62. Explain the difference between probable cause to detain a suspect and probable cause to go to trial.
63. Explain the constitutional right to bail. Identify three constitutional rights our bail system denies to poor defendants,
and explain how each is denied.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL
64. Identify,define,andexplainthetwoprongsoftheU.S.SupremeCourt’stestof“effective”counseladoptedin
Strickland v. Washington.
65. Listanddescribethedifferencesbetweentestingthegovernment’scasebygrandjuryreviewandbypreliminary
hearing.
Chapter 12: COURT PROCEEDINGS I: BEFORE TRIAL
COURT PROCEEDINGS I: BEFORE TRIAL