68. Only a criminal defendant has the right to “take the Fifth” during a criminal trial.
a. True
b. False
69. Protection against double jeopardy is contained within the Fifth Amendment.
a. True
b. False
70. If the defendant waives her or his right to trial by jury, a bench trial takes place in which a judge decides questions
of legality and fact, and no jury is involved.
a. True
b. False
71. Each attorney may exercise a limited number of peremptory challenges.
a. True
b. False
72. Circumstantial evidence is not admissible in court.
a. True
b. False
73. A blood-stained piece of clothing presented in court as an exhibit is an example of real evidence.
a. True
b. False
74. Presenting an alibi is an example of an affirmative defense.
a. True
b. False
75. In an Allen Charge, the judge declares the jury to be hung.
a. True
b. False
76. The bar against double jeopardy does not preclude a victim from bringing a civil suit against the same person to
recover damages.
a. True
b. False
77. During the appeals process, the burden of proof rests with the prosecution.
a. True
b. False
78. is the dollar amount or conditions set by the court to ensure that an individual accused
of a crime will appear for further criminal proceedings.
79. The retention of an accused person in custody before trial is called __________________.
80. If unable to post bail with cash or property, a defendant may arrange for a
to post a bail bond on the defendant’s behalf.
81. The formal investigation by each side prior to trial is the process of .
82. The group of citizens who are called to decide whether probable cause exists to believe that a suspect committed
the crime with which she or he has been charged is called a(n) .
83. The Supreme Court held that the must occur “promptly,” typically within 48 hours of
booking.
84. is the process through which prosecutors effect an overall reduction in the number of
persons prosecuted.
85. A suspect is formally charged with the criminal offense in the .
86. is Latin for “I will not contest it.”
87. is the process by which the accused and the prosecutor work out a mutually
satisfactory conclusion to the case, subject to court approval.
88. A is a form that must be completed by a defendant who pleads guilty in most
jurisdictions. The defendant in this form states that she or he has agreed to the plea voluntarily and with full
comprehension of the consequences.
89. The is the law limiting the amount of time prosecutors have to bring criminal
charges against a suspect after the crime has occurred.
90. In a typical case, the prosecutor only has one goal after charging the defendant: .
91. The Amendment states that no person “shall be compelled in any criminal case to be a witness
against himself.”
92. The Amendment states that anyone accused of a crime shall be judged by an impartial jury.
93. The is the group of citizens from which the jury is selected.
94. Challenges to remove potential jurors from the pool that are limited in number are .
95. The is a kind of “road map” that describes the destination each attorney is trying to
reach.
96. is verbal evidence given by witnesses under oath.
97. is anything that is used to prove the existence or nonexistence of a fact.
98. A(n) is a witness who can truthfully and accurately testify on a fact in question without
having specialized knowledge or training.
99. is indirect evidence that is offered to establish, by inference, the likelihood of a
fact that is in question.
100. Once it has reached a decision, the jury issues a .
101. Before the jurors begin discussing what they have heard and seen, the judge gives the jury a .
102. A judicial order that commands a corrections official to bring a prisoner before the court is a writ of
________________.
103. Outline and provide a short description of each of the six steps leading to a trial.
104. Explain what “Release on Recognizance” means and who is likely to qualify.
105. List five screening factors that prosecutors use to determine which cases to pursue.
106. Explore the phenomenon of case attrition. Use a description of the criminal justice funnel in your explanation.
107. Discuss why prosecutors, defense attorneys, and defendants often agree to plea bargains.
108. Why do victims often have mixed feelings about plea bargains?
109. Identify and discuss the basic constitutional protections enjoyed by criminal defendants in the United States.
110. Explain what “taking the Fifth” really means.
111. Why would a witness in a trial be granted immunity?
112. Why does the Supreme Court require “beyond a reasonable doubt” as the standard of proof in criminal cases,
rather than “preponderance of the evidence” as in civil cases?
113. Discuss requirements to serve on a jury and the process of jury selection in a criminal case.
114. Discuss the ways that attorneys may challenge persons from serving on the jury.
115. Explain the Supreme Court ruling of Batson v. Kentucky. How would a defendant prove that the prosecution used
a peremptory challenge that was racially motivated?
116. Explain the difference between testimony and real evidence, between lay witnesses and expert witnesses, and
between direct and circumstantial evidence.
117. Explain what the “CSI effect” refers to.
118. Under what circumstances would a judge sequester a jury?
119. Identify and discuss the five steps of the appeals process in the criminal trial procedure.