True / False
1. Pretrial motions can be used by the defense to challenge the prosecution’s evidence.
a. True
b. False
2. The criterion for deciding if evidence is strong enough to uphold an arrest is called probable cause.
a. True
b. False
3. Most felony cases are disposed of by dismissals.
a. True
b. False
4. The Eighth Amendment to the U.S. Constitution forbids the use of excessive bail.
a. True
b. False
5. Bail is typically determined within three hours after the arrest.
a. True
b. False
6. The bail bondsperson is a nonprofit actor within the criminal justice system.
a. True
b. False
7. Racial minority status and poverty in American society can produce visible disparities when seeing who is actually
subjected to pretrial detention.
a. True
b. False
8. An unemployed offender with no ties to the community is likely to be released on ROR.
a. True
b. False
9. Preventive detention has been ruled constitutional because it is not designed to be punishment.
a. True
b. False
10. Conditions in jail are usually worse than conditions in prison.
a. True
b. False
11. The substantial majority of cases go to trial.
a. True
b. False
12. Plea bargaining was ruled unconstitutional by the U. S. Supreme Court but is still practiced informally.
a. True
b. False
13. Prosecutors are being “soft on crime” when they engage in plea bargains.
a. True
b. False
14. Plea bargaining between the defense attorney and the prosecutor usually occurs in a single short meeting.
a. True
b. False
15. Plea bargaining can occur even when the evidence against the suspect is strong.
a. True
b. False
16. Defendants must state they made their pleas voluntarily in order for them to be accepted by judge.
a. True
b. False
17. Some believe that plea bargaining is unethical because it results in longer sentences than would have been obtained at
trial.
a. True
b. False
18. Some defendants plead guilty even when they are innocent.
a. True
b. False
19. A bench trial allows a jury to have input into a defendant’s guilt.
a. True
b. False
20. An affirmative defense may be offered by prosecution as evidence of a crime.
a. True
b. False
21. The CSI effect occurs when jurors are much more likely to convict because of the scientific evidence presented.
a. True
b. False
22. A jury must find a defendant guilty beyond a reasonable suspicion.
a. True
b. False
23. A sequestered jury meets with the media daily to give updates on the course of the trial.
a. True
b. False
24. Only about 1 percent of habeas corpus petitions are successful.
a. True
b. False
25. During the appeals process, a new trial is ordered with new witnesses giving testimony.
a. True
b. False
26. During the arraignment process, defendants are exposed to the informal, “assembly–line” atmosphere of the lower
criminal courts.
a. True
b. False
27. A prosecutor may drop charges if the alleged crime is minor.
a. True
b. False
28. A defendant’s rights are not violated if the prosecutor warns him that refusing a guilty plea would result in a
harsher sentence.
a. True
b. False
29. Prosecutors must keep their promises made to defendants.
a. True
b. False
30. The criterion for deciding whether evidence is strong enough to uphold an arrest is known as:
a. probable cause.
b. arraignment.
c. preponderance of the evidence.
d. reasonable doubt.
e. reasonable suspicion.
31. The formal court appearance of an accused person where the charges are read is called a(n):
a. probable cause.
b. arraignment.
c. preponderance of the evidence.
d. reasonable doubt.
e. reasonable suspicion.
32. An application to a court requesting that an order be issued to bring about a specified action is called a(n):
a. dismissal.
b. rejection at screening.
c. guilty plea.
d. motion.
e. arraignment.
33. The pretrial process of the lower criminal courts creates an atmosphere which is often referred to as:
a. mainstream. b. assembly line.
c. direct line. d. motion.
34. Defendants are presumed innocent until proved:
a. innocent. b. nolo contendere.
c. guilty. d. responsible.
35. Which of the following statements about the bail system is TRUE?
a. Bail discriminates against the less affluent members of society.
b. Bail bondspersons cannot deny bail to defendants if they can pay at least 10 percent of the entire bail amount.
c. Police officers are never allowed to influence the bail decision.
d. Bail bondspersons are nonprofit employees of the state.
e. Defendants retain a constitutional right to be released on bail.
36. The purpose of bail is to:
a. assure that the accused appears for trial.
b. punish the offender for committing a crime.
c. keep bail bondspersons in business.
d. pay defense attorneys, who usually do not earn much money.
e. cover the accused’s court costs.
37. These individuals are private business people who are paid fees by defendants who lack the money to make bail.
a. bond agent
b. bond surety
c. bail bondsperson
d. court insurer
e. supplier
38. Which of the following is NOT a factor in how the judge determines the amount of the bail?
a. seriousness of the crime
b. defendant’s prior record
c. defendant’s family responsibilities
d. admissibility of evidence gathered by the police
e. negative personal characteristics
39. What have some critics said of the use of preventive detention?
a. It violates the offender’s First Amendment rights.
b. It is used unfairly, particularly for female offenders.
c. It violates an offender’s right to due process.
d. It costs the offender too much money to stay incarcerated.
e. It discriminates against people who can afford a private attorney.
40. In the case of United States v. Salerno and Cafero (1987), the Supreme Court decided that:
a. the use of preventive detention was constitutional.
b. the use of preventive detention violates offenders’ constitutional rights.
c. the use of preventive detention was detrimental to offenders at trial.
d. the use of preventive detention was racially biased.
e. the use of preventive detention decreased the likelihood of reoffending among accused offenders.
41. The practice under which judges grant release if the defendant is employed and has roots in the community is known
as:
a. citation.
b. preventive detention.
c. release on recognizance.
d. preventive assumption.
e. probable cause.
42. Defendants may deposit up to 10 percent of the full bail with the court. The full amount will be required if they do not
appear. If they appear, the money will be refunded except for 1 percent. This is an example of:
a. preventative detention.
b. percentage bail.
c. release on recognizance.
d. preventive assumption.
e. probable cause.
43. Which of the following has been referred to as “the ultimate ghetto”?
a. American prisons
b. American jails
c. American courtrooms
d. American police departments
e. None of these
44. American jails typically hold this amount of people on any one day.
a. 600,000
b. 800,000
c. 1,000,000
d. 1,200,000
e. 1,250,000
45. Most Americans who are charged with felonies have their cases adjudicated within what time frame?
a. 4 months
b. 6 months
c. 12 months
d. 18 months
e. 24 months
46. Which best describes the frequency of plea bargaining in the United States?
a. Cases are never plea bargained.
b. Cases are seldom plea bargained.
c. Less than half of all cases are plea bargained.
d. A vast majority of cases are plea bargained.
e. All cases involve some sort of plea bargain within the courtroom workgroup.
47. In Santobello v. New York (1971), the U.S. Supreme Court ruled that:
a. when a guilty plea rests on a promise of a prosecutor, it must be fulfilled.
b. defendants must uphold the plea agreement or suffer the consequences.
c. a plea of guilty may be accepted for the purpose of a lesser sentence by a defendant who maintains his or her
innocence.
d. defendants must state that they are voluntarily making a plea of guilty.
e. preventive detention can be issued in cases involving juveniles.
48. During plea bargaining, a multiple-offense indictment may be used by a(n):
a. judge.
b. prosecutor.
c. defendant.
d. defense attorney.
e. indigent.
49. The process in which shared understandings create the expectation that a guilty plea will lead to a less-than-maximum
sentence, even without any actual bargaining, is known as:
a. indirect plea bargaining.
b. insufficient plea bargaining.
c. indecisive plea bargaining.
d. implicit plea bargaining.
e. under-the-table plea bargaining.
50. This case determined that a defendant must state that they are making the plea voluntarily.
a. Boykin v. Alabama (1969)
b. Missouri v. Frye (2012)
c. NC v. Alford (1970)
d. Ricketts v. Adamson (1987)
e. Bordenkircher v. Hayes (1978)
51. This case ruled that defendants must uphold their plea agreement or suffer the consequences.
a. Boykin v. Alabama (1969)
b. Missouri v Frye (2012)
c. NC v. Alford (1970)
d. Ricketts v. Adamson (1987)
e. Bordenkircher v. Hayes (1978)
52. The most important factor in the decision to take a case to trial is likely to be the:
a. seriousness of the charge.
b. previous record of the defendant.
c. quality of the defense attorney.
d. ideology of the judge.
e. reputation of the prosecuting attorney.
53. A trial that has only a judge, who acts as fact finder and determines the issue of law in the particular case, is known as
a(n):
a. public trial.
b. bench trial.
c. jury trial.
d. closed trial.
e. open trial.
54. A selection of citizens sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not
guilty are known as the:
a. public.
b. stenographer.
c. jury.
d. grand jury.
e. victims advocate.
55. Which of the following is NOT a function performed by juries?
a. serving as a buffer between accused and accuser
b. determining whether the accused is guilty on the basis of evidence presented
c. promoting knowledge about the criminal justice system
d. symbolizing the rule of law
e. deciding whether evidence was collected correctly by police
56. In criminal trials, most states use juries with _________ members.
a. 6
b. 8
c. 10
d. 12
e. 16
57. In the case of Williams v. Florida, the Supreme Court ruled that:
a. juries must have at least 12 members.
b. juries can be as small as 6 members.
c. juries must be unanimous in misdemeanor trials.
d. juries must be unanimous in civil trials.
e. juries must be representative of the community.
58. Which of the following is NOT considered a step of the trial process?
a. jury selection
b. opening statements
c. presentation of evidence
d. closing arguments
e. sentencing
59. The process of screening out jurors that might be biased (or otherwise incapable of being fair) is known as:
a. voir dire.
b. habeus corpus.
c. actus reus.
d. ex post facto.
e. nolle prosequi.
60. An attorney may remove a prospective juror without giving a reason using which of the following?
a. challenge for cause
b. peremptory challenge
c. judicial prerogative
d. motion
e. exclusionary rule
61. An attorney may remove a prospective juror by showing that he or she has some bias or some other legal disability
using:
a. challenge for cause.
b. peremptory challenge.
c. judicial prerogative.
d. motion.
e. exclusionary rule.
62. This type of evidence is tangible evidence such as a weapon, records, fingerprints, and stolen property.
a. real evidence
b. testimony
c. direct evidence
d. circumstantial evidence
e. demonstrative evidence
63. This type of evidence is given orally by a legally competent witness during a trial.
a. real evidence
b. testimony
c. direct evidence
d. circumstantial evidence
e. demonstrative evidence
64. This type of evidence requires the jury to infer a fact from the given witness testimony.
a. real evidence
b. testimony
c. direct evidence
d. circumstantial evidence
e. demonstrative evidence
65. Which of the following types of evidence is not based on witness recollections, but still provides evidence about the
crime, such as maps and/or X-rays?
a. real evidence
b. testimony
c. direct evidence
d. circumstantial evidence
e. demonstrative evidence
66. Which of the following may be included in a judge’s instructions to a jury?
a. opinion on the defendant’s guilt or innocence
b. opinion on which attorney presented the stronger case
c. guidelines for determining insanity based on prior court rulings
d. the consequences to the defendant if convicted
e. none of these
67. This is the standard used by a jury to decide if the prosecution has provided enough evidence for a conviction.
a. hunch
b. preponderance
c. probable cause
d. reasonable doubt
e. certainty
68. A legal petition requesting that a judge examine whether an individual is being properly detained in jail, prison, or
mental hospitals is called a(n):
a. writ of certiorari.
b. writ of probable cause.
c. ex post facto.
d. habeas corpus.
e. bill of attainder.
69. A case originating in a state court is first appealed through:
a. that state’s appeal system.
b. the federal circuit courts.
c. the U.S. Supreme Court.
d. the city court.
e. the evidentiary hearing.
70. Which of the following is NOT a characteristic of assembly-line justice?
a. Courts are focused primarily on the rights of defendants.