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Chapter 10
ARREST TO ARRAIGNMENT
TEST BANK
MULTIPLE CHOICE
1. Which of the following is a major weakness of the Uniform Crime Reports?
a.
The data are only available for some states.
b.
It is based only on crimes reported to the police.
c.
It provides information only for serious, violent offenses.
d.
It only reports federal crimes.
2. The Uniform Crime Report’s Type I offenses are also referred to as
a.
index crimes
c.
serious crimes
b.
felony crimes
d.
violent crimes
3. According to the FBI’s Uniform Crime Reports, property crimes outnumber violent
offenses by a ratio of
a.
4 to 1.
c.
10 to 1.
b.
8 to 1.
d.
20 to 1.
4. Findings from the National Crime Victimization Survey indicate that what percent of
violent crimes are reported to the police?
a.
about 30 percent
c.
about 70 percent
b.
only half
d.
close to 90 percent
5. How many layers are there on the criminal justice wedding cake?
a.
two
b.
three
c.
four
d.
five
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6. What type of crime is found on the bottom layer of the criminal justice wedding cake?
a.
celebrated cases
b.
serious felonies
c.
misdemeanors
d.
lesser felonies
7. Which of the following is one of the three major reasons for case attrition?
a.
jail overcrowding
c.
personal standards of justice
b.
overabundance of evidence
d.
poorly written laws
8. In some jurisdictions, misdemeanor defendants enter a plea of guilty and are sentenced at
which stage?
a.
arraignment
c.
preliminary hearing
b.
initial appearance
d.
trial
9. Which of the following is not one of the four types of charging documents?
a.
arrest warrant
c.
Indictment
b.
Complaint
d.
writ of certiorari
10. Which Amendment states: “In all criminal prosecutions, the accused shall enjoy the right
to be informed of the nature and cause of the accusation”?
a.
4th Amendment
c.
6th Amendment
b.
5th Amendment
d.
8th Amendment
11. What must be supported by oath or affirmation of either the victim or the arresting
officer? It is most commonly used in prosecuting misdemeanor offenses or city order
violations.
a.
complaint
c.
information
b.
subpoena
d.
arrest warrant
12. Which of the following three reasons for case attrition directly involves the courtroom
work group?
a.
legal judgments
b.
policy priorities
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c.
personal standards of justice
d.
None of these involve the courtroom work group
13. The burden of proof required at a preliminary hearing is
a.
preponderance of the evidence.
c.
reasonable suspicion.
b.
proof beyond a reasonable doubt.
d.
probable cause.
14. Which jurisdictions use grand juries extensively?
a.
jurisdictions where they are required
by the constitution
c.
jurisdictions with aggressive
prosecutors
b.
conservative jurisdictions
d.
liberal jurisdictions
15. Which approach to criminal justice emphasizes that during the preliminary hearing the
judge decides if there is probably cause to hold the defendant?
a.
the law on the books approach
b.
the law in action approach
c.
neither approach
d.
both approaches
16. What do bail agents provide?
a.
a specialized form of insurance
b.
case to the courts
c.
loans to defendants
d.
collateral to the courts
17. Which Amendment to the U.S. Constitution states: “No person shall be held to answer for
a capital or otherwise infamous crime, unless on a presentment or indictment of a grand
jury”?
a.
1st Amendment
c.
5th Amendment
b.
4th Amendment
d.
6th Amendment
18. The return of a grand jury indictment is also referred to as
a.
a true bill.
c.
a complaint.
195
b.
an information.
d.
an injunction.
19. Which of the following court members dominates the grand jury?
a.
Judge
c.
prosecutor
b.
defense attorney
d.
court clerk
20. The leading advocate for federal grand jury reform is
a.
the American Bar Association.
b.
the National Association of Criminal Defense Attorneys.
c.
the National Center for State Courts.
d.
the U.S. Supreme Court.
21. What criminal justice actors is most likely to file a bill of information?
a.
the judge
b.
the prosecutor
c.
the grand jury
d.
the defense attorney
22. How do arrests by police impact the criminal court process?
a.
failure to gather enough evidence may
make it difficult for the prosecutor to
gain a conviction
c.
the increase in the number of arrest has
swollen the court docket
b.
arrests by police do not impact the
criminal court process
d.
arrests by police may make it difficult
to gain a conviction and swell the court
docket
23. If a person is indicted, s/he is
a.
convicted of a crime.
c.
exonerated.
b.
found guilty of contempt of court.
d.
charged with a crime.
24. Which of the following is a power of the grand jury?
a.
All of these are powers of the grand
jury
c.
To indict defendants
196
b.
To subpoena witnesses
d.
To grant witness immunity
25. The two primary duties of the grand jury have been summarized in the phrase
a.
“duck and run”.
c.
“shield and sword”.
b.
“cover and conceal”.
d.
“pen and sword”.
26. Which of the methods of estimating crime in the United States is based on self-reports
from household?
a.
the UCR
b.
the NIBRS
c.
the SPSS
d.
NCVS
27. During what phase of the criminal justice process is the felony defendant formally
accused of a crime and called upon to enter a plea?
a.
initial appearance
c.
arraignment
b.
preliminary hearing
d.
sentencing phase
28. During what part of the criminal court process does a defendant enter a plea?
a.
arrest
c.
bail
b.
plea agreement
d.
arraignment
29. The Latin term for when a prosecutor dismisses charges is
a.
non sequitor
c.
corpus delicti
b.
writ of certiorari
d.
nolle prosequi
30. Which of the following terms means that there is a “fair probability” that a felony was
committed?
a.
reasonable suspicion
b.
mere suspicion
c.
preponderance of the evidence
d.
probable cause
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31. The hierarchy rule is related to which of the following documents?
a.
the NCVS
b.
the NIBRS
c.
none of these documents
d.
the UCR
32. Often, personal standards of justice are based on what kind of assessment on the part of
the prosecutor that the case is not as serious as the legal charge suggests?
a.
critical
c.
organizational
b.
obnoxious
d.
subjective
33. Holding suspects in jail without bail to protect community safety is known as…
a.
administrative segregation
b.
protective detention
c.
public protection bail
d.
prevention detention
34. The top layer of the criminal justice wedding cake consists of
a.
a few celebrated cases.
b.
serious felonies.
c.
less serious felonies.
d.
misdemeanors.
35. The second layer of the criminal justice wedding cake consists of
a.
a few celebrated cases.
b.
serious felonies.
c.
less serious felonies.
d.
misdemeanors.
36. Which of the following is true about celebrated cases?
a.
they are atypical.
b.
they are typical.
c.
they are a good example of how the court operates.
198
d.
all of these answers are true of celebrated cases.
37. Which of the following is an Index Crime?
a.
embezzlement
b.
simple assault
c.
fraud
d.
robbery
CRITICAL THINKING SCENARIOS
CASE 10.1
A careful reading of the Eighth Amendment reveals that the Constitution does not specifically
provide that all citizens have a right to bail. Rather, if bail is granted, it must not be "excessive,"
defined by the Supreme Court in Stack v. Boyle (1951), as an amount higher than reasonably
calculated to ensure the defendants presence at trial. A right to bail, however, was recognized in
common law and in statutes as early as 1789 for all those accused of committing noncapital
crimes. In 1966, Congress enacted the Bail Reform Act, thereby creating a statutory
presumption favoring pretrial release of federal arrestees.
38. In most communities, the lower-court judges have adopted what kind of bail schedule?
a.
A fixed bail schedule.
b.
A sliding bail schedule.
c.
A fee bail schedule.
d.
A day fines bail schedule.
39. How many forms of bail are available to a defendant?
a.
two.
b.
three.
c.
four.
d.
five.
CASE 10.2
The United States experienced a dramatic increase in crime at the beginning of the 1960s. For
almost two decades, the number of crimes known to the police increased much faster than the
growth in population. The crime rate plateaued in the beginning of the 1980s and has decreased
199
considerably since the early 1990s. Despite these decreases, the public continues to perceive that
crime is on the increase. These fears are reinforced by extensive media coverage, particularly of
violent crime.
40. How many official measures of crime exist in the United States?
a.
two.
b.
three.
c.
four.
d.
five.
41. Of the following, which is one of the official measures of crime in the United States?
a.
the UCR.
b.
the DEA.
c.
the NCVS.
d.
the NIBRDS.
42. Which of the following are index crimes?
a.
robbery.
b.
embezzlement.
c.
drug offenses.
d.
forgery.
CASE 10.3
Deciding whom to release and whom to detain pending trial poses critical problems for
American courts. The realities of the bail system in the United States reflect an attempt to strike a
balance between the legally recognized purpose of setting bail to ensure reappearance for trial
and the working perception that some defendants should not be allowed out of jail until their
trial.
43. Which of the following is true regarding bail?
a.
Trial-court judges have a great deal of discretion in fixing bail.
b.
Statutory law provides few specifics about how much money should be required.
c.
Appellate courts have spent little time deciding what criteria should be used.
d.
All of these are true regarding bail.
44. What amendment to the Constitution prohibits excessive bail?
a.
the Eighth Amendment.
200
b.
the Sixth Amendment.
c.
the Fourth Amendment.
d.
the Fifth Amendment.
45. Which of the following factors reflects a law in action approach to bail setting?
a.
There is a serious risk that the person will flee.
b.
The person may obstruct justice.
c.
The offense is one of violence.
d.
The jail is overcrowded.
TRUE/FALSE
1. Drug crimes are categorized as Type I offenses in the Uniform Crime Reports.
2. Most felony crimes are for nonviolent offenses.
3. The strength of the evidence police provide to prosecutors is one of the most important
factors influencing whether prosecutors file criminal charges.
4. Other than criminal prosecutions as a result of a grand jury investigation arrests are the
overwhelming source of work for the criminal courts.
5. Most cases in the criminal justice system are celebrated cases.
6. The second layer of the criminal justice wedding cake consists of less felonies.
7. If a prosecutor refuses to file charges in a case, there may be a review of this decision by
the judge on appeal.
8. Sometimes, the police exercise considerable influence by pressuring prosecutors to
overcharge defendants or to file charges even though the evidence is weak.
9. One of the major reasons for case attrition is policy priorities.
10. During a preliminary hearing, the state must provide clear and convincing evidence of the
defendant’s guilt.
11. The standard of proof at a preliminary hearing is probable cause.
12. Release on recognizance is one way to secure pretrial release.
13. Grand juries are used extensively in jurisdictions where the constitution requires a grand
jury indictment for all felonies.
14. Grand juries decide the guilt or innocence for defendants charged with felony offenses.
15. Grand juries have the power to grant witnesses immunity from prosecution.
16. The bail agent makes a profit by specializing on high risk offenders.
17. Use immunity provides more protection for the potential witness than transactional
immunity.
18. Law in action expresses a strong preference for bail.
19. During a hearing before a grand jury, the prosecutor must disclose exculpatory evidence
against the target of the grand jury investigation.
20. Many legal protections found elsewhere in the criminal court process are not applicable
at the grand jury stage.
21. The three major reasons for case attrition are: (1) legal judgments, (2) policy priorities,
and (3) personal standards of justice.
22. The UCR is based on crimes reported to police.
23. There are five layers to the criminal justice wedding cake.
24. Defendant’s may be formally charged by a complaint signed by a witness.
25. Arrests made by police affect the criminal court process.
COMPLETION
1. In the United States there are _____ main methods of estimating the amount of crime.
2. The Uniform Crime Report’s Type I offenses are also referred to as _____ crimes.
3. The strength of the _____ provided by police to prosecutors is one of the most important
factors influencing whether charges are filed or not.
4. A(n) _____ is defined as the physical taking into custody of a suspected law violator.
5. Of all the members of the courtroom work group, through the charging decision, the
_____ controls the doors to the courthouse.
6. A(n) _____ is the charging document most commonly used for misdemeanor and
ordinance violations.
7. The Constitution does not specifically provide that all citizens have a right to _____.
8. Once bail has been set, a defendant can gain pretrial release in _____ basic ways.
9. Pretrial release without monetary bail is release on _____.
10. Discretion of judges in setting bail is often guided by _____ of flight.
11. The bail agent provide a _____ form of insurance.
12. The American Bar Association has recommended the _____ of commercial bail.
13. During a preliminary hearing, the prosecutor only has to establish that a crime has been
committed and that the _____ committed it.
14. The preliminary hearing is a formal judicial proceeding preside over by a judge or _____.
15. Grand juries generally indict whomever the _____ wants indicted.
16. The primary function of a grand jury is to _____ whether probable cause exists to believe
that the defendant committed the crime or crimes charged.
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17. _____ judgments are the most important reason that cases drop by the wayside after
arrest and before arraignment.
18. Case attrition results from general prosecutorial policies about _____ of cases.
19. To understand case attrition, Samuel Walker (2006) suggested that it is useful to view
criminal justice as a _____.
20. According to the wedding cake model, the top layer of the criminal justice system
consists of _____ cases.
ESSAY
1. List and explain three reasons why a defense attorney would want to have a preliminary
hearing.
ANS:
206
2. Describe the wedding cake model of the criminal justice system. Be sure to provide
examples of the types of offenses that may be found in each layer.
3. Discuss the four types of charging documents.
ANS:
207
4. Discuss case attrition and the role of the courtroom work group. Within the courtroom
work group, who has the power to control attrition and what types of judgments go into
dismissing cases? Be sure to provide examples.
5. What are two methods used to estimate the amount of crime in the United States? In what
way do they differ?
6. How do arrests made by the police impact the criminal court process?
ANS:
7. Describe the four most common ways that defendants can secure pretrial release? Which
is the most common? Why?
8. Compare and contrast “law on the books” and “law in action” approaches to bail setting.
What effects does the bail system have on criminal defendants and their cases?
