1. What is the first step toward determining the suspect’s guilt or innocence after an arrest has been made?
a. indictment b. information
c. initial appearance d. preliminary hearing
2. Excessive bail is prohibited under the Amendment.
a. Fourth b. Fifth
c. Sixth d. Eighth
3. During the , the defendant appears before a judge or magistrate, who decides whether the evidence presented
is sufficient for the case to proceed to trial.
a. arraignment b. booking
c. initial appearance d. preliminary hearing
4. What is the formal investigation prior to trial in which the defense uses various methods to obtain information from
the prosecution to prepare for trial?
a. discovery b. examination
c. indictment d. information
5. The is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found
probable cause.
a. discovery b. examination
c. indictment d. information
6. At which step leading up to the criminal trial will the judge make the decision to set bail or order Andrew to remain
in jail awaiting his trial?
a. booking
b. initial appearance
c. indictment
d. arraignment
7. A judge denying Andrew bail because he is fearful that Andrew will commit a crime if released before trial is
known as:
a. preventive detention.
b. proactive detention.
c. reactive detention.
d. statutory detention.
8. The judge decides to set Andrew’s bail at $1.5 million. Andrew’s family owns a home that is worth $1 million. They
want to use this property to post Andrew’s bail. What is the most likely result of this request?
a. The judge will approve the property bond because it is close to the bail amount.
b. The judge will approve the property bond because the value of the property must be at least half of the set bail.
c. The judge will not approve the bail because the property is not equal to the bail amount.
d. The judge will not approve the bail because the property is not valued at double the bail amount.
9. Once the judge set Andrew’s bail at $1.5 million, Andrew’s family contacts a bail bond agent. What percentage of
the cash bail will the bail bond agent usually request in order to post a bail on Andrew’s behalf?
a. 5%
b. 10%
c. 20%
d. 25%
10. Andrew’s attorney believes that it may be in Andrew’s best interest to plead guilty to the charges against him. His
attorney is concerned that the evidence against Andrew is overwhelming and a jury will most likely find him guilty if
they go to trial. Andrew decides to plead guilty in exchange for a 15-year prison sentence. What form must
Andrew complete that proves Andrew is pleading guilty voluntarily and with full comprehension of the
consequences?
a. Alford form
b. Boykin form
c. Gideon form
d. Miranda form
11. If the grand jury finds that probable cause exists, it issues a(n):
a. discovery. b. examination.
c. indictment. d. information.
12. Once the initial appearance has been completed and bail is set, the prosecutor must establish:
a. preponderance of the evidence.
b. evidence beyond a reasonable doubt.
c. reasonable suspicion.
d. probable cause.
13. About of adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi.
a. one–fourth b. one–third
c. one-half d. three-fourths
14. What is the most important factor in deciding whether to prosecute?
a. the prosecutor’s belief in the defendant’s guilt
b. the reliability of victims
c. whether sufficient evidence exists to gain a conviction
d. whether or not the victim is willing to cooperate
15. Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time
after the illegal act took place are called:
a. discovery. b. nolle prosequi.
c. statutes of acquittal. d. statutes of limitations.
16. At the , the defendant is informed of the charges and must respond by pleading guilty or not guilty.
a. arraignment b. indictment
c. initial appearance d. preliminary hearing
17. Which term is Latin for “I will not contest it” and is used as a criminal defendant’s plea, in which he or she chooses
not to challenge, or contest, the charges brought by the government?
a. habeas corpus b. noll
c. nolle prosequi d. nolo contendere
18. Which of the following is a true statement?
a. Defendants who plea bargain receive significantly lighter sentences on average than those who are found
guilty at trial.
b. Defendants who plea bargain receive significantly harsher sentences on average than those who are found
guilty at trial.
c. The plea of guilty is fairly common at the arraignment.
d. Plea bargaining accounts for the majority of criminal convictions in state courts.
19. What type of trial is conducted without a jury, in which a judge makes the determination of the defendant’s guilt or
innocence?
a. bench trial b. jury trial
c. primary trial d. regular trial
20. All of the following are reasons that a defendant pleads not guilty EXCEPT:
a. gain a more favorable plea bargain.
b. challenge a crucial part of the evidence based on constitutional grounds.
c. he or she is unsatisfied with his or her public defender and demands a new lawyer.
d. submit one of the affirmative defenses available.
21. Which Amendment states that no person “shall be compelled in any criminal case to be a witness against himself”?
a. Fourth b. Fifth
c. Sixth d. Eighth
22. What is the burden of proof in a criminal trial?
a. beyond a reasonable doubt b. probable cause
c. preponderance of the evidence d. clear and convincing evidence
23. In the case of , the Supreme Court held that a defendant’s decision not to testify during
the trial cannot be held against him or her.
a. Adamson v. California
b. Batson v Kentucky
c. J.E.B. v. Alabama
d. Swain v. Alabama
24. The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or
have any connection with the defendant or witness is referred to as:
a. juror questionnaire. b. master jury list.
c. venire. d. voir dire.
25. What type of challenge is one in which the attorney states the reason why a prospective juror should not be
included on the jury?
a. challenge for cause b. peremptory challenge
c. venire challenge d. voir dire challenge
26. Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting
reason or cause being provided by the attorney?
a. challenge for cause b. peremptory challenge
c. venire challenge d. voir dire challenge
27. In , the Supreme Court held that jurors may not be excluded based on their race.
a. J.E.B. v. Alabama
b. Adamson v. California
c. Batson v. Kentucky
d. Swain v. Alabama
28. A(n) witness is one who can truthfully and accurately testify on a fact in question without having specialized
training or knowledge.
a. expert b. lay
c. specialized d. technical
29. What type of evidence tends to prove or disprove a fact in question?
a. circumstantial b. prejudicial
c. real d. relevant
30. Evidence witnessed by the person giving the testimony is:
a. real evidence. b. circumstantial evidence.
c. hearsay. d. direct evidence.
31. The examination of a witness by the attorney who calls the witness to the stand to testify is called:
a. cross-examination. b. direct examination.
c. rebuttal examination. d. surrebuttal examination.
32. Which amendment contains the “confrontation clause,” or the right to cross-examine witnesses?
a. Fourth b. Fifth
c. Sixth d. Eighth
33. Which of the following is NOT one of the possible affirmative defenses used in a defendant’s case?
a. duress b. entrapment
c. hearsay d. insanity
34. Which type of defense used in a defendant’s case includes the submission of evidence showing that the accused
was not at or near the scene of the crime at the time the crime was committed?
a. affirmative defense b. alibi defense
c. hearsay defense d. prejudicial defense
35. After the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used
during its initial presentation to the jury. This is called the stage of the trial.
a. cross-examination b. closing argument
c. rebuttal d. surrebuttal
36. The are made by each side’s attorney after the cases for the plaintiff and defendant have been presented.
a. charges b. closing arguments
c. opening statements d. rebuttals
37. A(n) jury is one in which the jury members are so irreconcilably divided in their opinions that they cannot
reach a verdict.
a. decided b. hung
c. sequestered d. unanimous
38. What is the formal decision rendered by the jury?
a. indictment b. information
c. verdict d. opinion
39. The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of
the following is NOT one of those types of information?
a. facts of data of which they have personal knowledge
b. opinions about the defendant based on their expert knowledge
c. material presented at the trial
d. secondhand information given to the expert outside the courtroom
40. Which of the following is true regarding the concept of double jeopardy?
a. If a jury finds the accused not guilty, the prosecution has the right to appeal the verdict.
b. It guarantees that once exonerated, a defendant cannot be tried a second time for the same offense in that
particular jurisdiction.
c. A defendant can be retried a maximum of three times for the same criminal offense before the prosecution
must rest.
d. The protection against double jeopardy can be found in the Sixth Amendment of the U.S. Constitution.
41. The prohibition against double jeopardy is provided for in the:
a. Fourth Amendment b. Fifth Amendment
c. Sixth Amendment d. Eighth Amendment
42. A(n) is the process of seeking a higher court’s review of a lower court’s decision for the purpose of
correcting or changing the lower court’s judgment or decision.
a. appeal b. deliberation
c. disposition d. retrial
43. To whom is the appeals process available?
a. defense b. judge
c. jury d. prosecutor
44. Which of the following is NOT one of the decisions that can be made in a higher court in its disposition through the
appeals process?
a. guilty b. modify
c. remand d. reverse
45. A judicial order that commands a correctional official to bring a prisoner before a federal court so that the court can
hear the person’s claim that he or she is being held illegally is:
a. corpus delicti. b. habeas corpus.
c. habeas delicti. d. nolle prosequi.
Case 8-2
Ruth was arrested for burglary. If Ruth is found guilty, she can be sentenced to 5 years in a state prison. The
prosecutors are offering her a 3-year prison sentence if she pleads guilty to the charges. Ruth is being represented
by a public defender who informs Ruth she must decide if she will take the plea bargain or decide to go to trial for
the charge of burglary.
46. The public defender advises Ruth that she can also take a plea where she will neither admit nor deny guilty. This is
referred to as a plea of:
a. certiorari.
b. habeas corpus.
c. nolo contendere.
d. reasonable suspicion.
47. Ruth decides to take her chances and plead not guilty. She wants to go to trial. Ruth believes that it will be better
for a judge to decide questions of legality and fact. This type of trial is known as a:
a. bench trial.
b. court trial.
c. judge trial.
d. jury trial.
48. Ruth’s attorney advises Ruth that it is best if a jury hears the case. Ruth’s attorney also advises that she does not
testify at her trial because he is fearful that Ruth may implicate herself in the crime. Which amendment specifies
that Ruth does not have to be a witness against herself at trial?
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Seventh Amendment
49. Ruth’s attorney believes that it is very important to get a jury that is free from any biases that would affect their
willingness to listen to the facts of the case impartially. During which proceeding would Ruth’s attorney be able to
question prospective jurors?
a. arraignment
b. grand jury
c. initial appearance
d. voir dire
50. During jury selection, Ruth’s attorney questions the potential jurors and realizes that Ruth’s ex-boyfriend is one of
the potential jurors. Ruth’s attorneys believe that this is a sound, legally justifiable reason for why he is unfit to
serve on the jury. What type of challenge would this be to exclude Ruth’s ex-boyfriend from the jury?
a. challenge for cause
b. challenge for relationship
c. peremptory challenge
d. personal challenge
51. Each jurisdiction has its own bail tariffs.
a. True
b. False
52. All defendants have a guaranteed right to bail.
a. True
b. False
53. During the preliminary hearing, the judge decides if there is probable cause to hold the defendant over for trial.
a. True
b. False
54. Bail is provided for under the Sixth Amendment.
a. True
b. False
55. An indictment is the formal charge against the accused issued by the prosecutor after a preliminary hearing.
a. True
b. False
56. The initial appearance resembles a mini trial.
a. True
b. False
57. About half of all the adult felony cases brought to prosecutors by the police are dismissed through a nolle
prosequi.
a. True
b. False
58. Prosecutors have unrestrained discretionary powers.
a. True
b. False
59. A majority of criminal convictions in state courts are the result of plea bargaining.
a. True
b. False
60. Prosecutors may turn to plea bargaining to obtain a conviction in a questionable case.
a. True
b. False
61. The plea of not guilty is fairly uncommon at an arraignment.
a. True
b. False
62. The Sixth Amendment specifies what the time limits are for a speedy trial.
a. True
b. False
63. Defendants have the right to effective representation during plea negotiations.
a. True
b. False
64. The plea bargain allows the defendant a measure of control over his or her fate.
a. True
b. False
65. Witnesses are not protected by the Fifth Amendment.
a. True
b. False
66. A judge has the ability to change the location of the trial to increase the likelihood of an unbiased jury. This is called
____________.
67. The Sixth Amendment states that no person “shall be compelled in any criminal case to be a witness against
himself.”
a. True
b. False