True / False
1. Bail can be used to punish an accused, and can be denied or revoked at the indulgence of the court.
a.
True
b.
False
False
Bail
ESCJ.SIEG.17.08.02 – Discuss the main issues associated with bail.
Remember
2. More than half of all violent criminals are released on bail before trial.
a.
True
b.
False
True
Bail
ESCJ.SIEG.17.08.02 – Discuss the main issues associated with bail.
Remember
3. The Eighth Amendment guarantees a right to bail.
a.
True
b.
False
False
Bail
ESCJ.SIEG.17.08.02 – Discuss the main issues associated with bail.
Remember
4. A direct release program is where a pretrial program authorizes the release of defendants without direct judicial
involvement to reduce the length of stay in detention.
a.
True
b.
False
True
Bail
ESCJ.SIEG.17.08.02 – Discuss the main issues associated with bail.
Remember
5. If the defendant pays a percentage of the bond, usually 10 percent, to a bonding agent who posts the full bail, this is
referred to as conditional bail.
a.
True
b.
False
False
Bail
ESCJ.SIEG.17.08.02 – Discuss the main issues associated with bail.
Remember
6. A nolo contendere (no contest) plea is essentially the same as a guilty plea.
a.
True
b.
False
True
Remember
7. An information is the charging document filed by the prosecution in a preliminary hearing.
a.
True
b.
False
8. The grand jury has the power to act as an independent investigative body.
a.
True
b.
False
9. Diversion programs allow a defendant to enter treatment instead of trial.
a.
True
b.
False
True
Remember
10. The state can never order a defendant to take medication when s/he is ruled incompetent to stand trial.
a.
True
b.
False
False
Remember
11. There is no set time that defines a speedy trial.
a.
True
b.
False
True
Remember
12. Most states impose qualifications, such as a high school education, on those called for jury service.
a.
True
b.
False
False
Remember
13. Voir dire is when potential jurors are questioned by the prosecution and defense to determine if they can sit
on the jury.
a.
True
b.
False
True
Remember
14. In a criminal case, a preponderance of the evidence is sometimes enough to convict.
a.
True
b.
False
False
Remember
15. One of the criminal sanctions available to the sentencing judge is commitment to a state hospital.
a.
True
b.
False
True
Remember
16. The prosecution can request a directed verdict.
a.
True
b.
False
False
Remember
17. The initial group of people chosen for jury duty are called voir dire.
a.
True
b.
False
False
Remember
18. Most formal trials are heard by a jury although some defendants can request a bench trial.
a.
True
b.
False
True
Remember
19. The Fifth Amendment guarantees you the right to a public trial.
a.
True
b.
False
False
Remember
20. An arrestee can be given a police field citation release by the arresting officer. This is a promise to appear in court that
is given at or near the actual time and location of arrest.
a.
True
b.
False
True
Bail
Remember
21. Critics suggest that bail is costly because the government must pay to detain poor offenders who would otherwise
remain in the community.
a.
True
b.
False
True
Bail
Remember
22. A grand jury hearing is open to the public.
a.
True
b.
False
23. A defendant’s options for a plea are guilty, not guilty, or nolo contendere.
a.
True
b.
False
True
Remember
24. Any promise made by a prosecutor during a plea negotiation must be kept after the defendant admits guilt in open
court.
a.
True
b.
False
True
Remember
25. A defendant’s due process rights are not violated when a prosecutor threatens to reindict the accused on more serious
charges if the defendant does not plead guilty to a lesser offense.
a.
True
b.
False
True
Remember
26. Which of the following is a pretrial procedure?
a.
Bail
b.
Arraignment
c.
Plea negotiation
d.
All of these are pretrial procedures
27. Bail is typically granted in a felony hearing:
a.
only when the suspect has absconded.
b.
when there has been error in arresting an innocent individual.
c.
only at the police station.
d.
during court hearings.
28. The ____ Amendment to the Constitution prohibits excessive bail.
a.
Sixth
b.
Eighth
c.
Fourteenth
d.
Sixteenth
29. Some scholars contend that bail is problematic because it:
a.
is a weak incentive to show up to court.
b.
creates fear and coercion in the defendant.
c.
is discriminatory to the poor.
d.
is not guaranteed under the law.
30. What did the court establish in Stack v. Boyle?
a.
That individuals charged with misdemeanors are entitled to an absolute right to bail.
b.
That only the most heinous and violent crimes are unbailable.
c.
That all defendants are entitled to an absolute right to bail.
d.
That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person’s
ability to pay under similar circumstance.
31. Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts
the full bail amount?
a.
Surety bail system
b.
Deposit bail system
c.
Release on recognizance (ROR) system
d.
Privately secured bail system
32. The determination of an arrestee’s eligibility for citation release and the actual release of the arrestee are deferred until
after he or she has been delivered by the arresting department to a jail/pretrial detention facility for screening, booking,
and admission in a:
a.
police/pretrial jail citation release.
b.
police field citation release.
c.
police station house citation release.
d.
police/court bail schedule.
33. What type of bail system allows the defendant to be released with no immediate requirement of payment but
leaves him or her liable for the full bail amount if he or she fails to appear in court?
a.
Surety bail system
b.
Deposit bail system
c.
ROR system
d.
Unsecured bond
34. Which of the following statements is false regarding bail issues?
a.
It is expensive because the government must pay to detain those offenders who are unable to make
bail but who would otherwise remain in the community.
b.
There is no racial or ethnic disparity in the bail process.
c.
It is unfair because a higher proportion of detainees receive longer sentences than people released on
bail.
d.
It is dehumanizing because innocent people who cannot make bail suffer in the nation’s deteriorated
jail system.
35. Surety bail is where the defendant:
a.
pays a percentage of the bond to a bonding agent who posts full bail.
b.
is released after promising to obey specified conditions in lieu of cash.
c.
is released on own recognizance (ROR).
d.
pays the full bail amount out of pocket.
36. A(n) ____ is a charging document drawn up by a prosecutor in jurisdictions that do not use the grand jury
system.
a.
warrant
b.
complaint
c.
indictment
d.
information
37. What is another term for an indictment issued by a grand jury?
a.
True bill
b.
No bill
c.
Nolo contendere
d.
Nolle prosequi
38. At the ________, the judge informs the defendant of the charges against him or her and appoints counsel if
one has not yet been retained.
a.
trial
b.
arraignment
c.
indictment
d.
information
39. To stand trial, a criminal defendant must be considered:
a.
guilty beyond reasonable doubt.
b.
mentally competent.
c.
pro se.
d.
willing to challenge for cause.
40. What procedure is often used as an alternative to the grand jury?
a.
The initial hearing
b.
The arraignment
c.
The preliminary hearing
d.
The criminal trial
41. Which is a common reason for a defendant to waive the preliminary hearing?
a.
Defendant has already decided to plead guilty.
b.
Defendant wants to speed up the criminal justice process.
c.
Defendant hopes to avoid the negative publicity that might result from the hearing.
d.
All of these are common reasons to waive the preliminary hearing.
42. It is unlikely that plea bargaining will be eliminated in the future because it:
a.
ensures even-handed justice in the system.
b.
eases the pressure of congested caseloads.
c.
encourages defendants to waive their rights.
d.
results in sentencing disparity.
43. What state completely eliminated plea bargaining in 1975?
a.
Alaska
b.
Oregon
c.
Indiana
d.
Alabama
44. Which of the following is an advantage of diversion programs?
a.
It allows the offender to postpone prison/jail time until diversion completion.
b.
Rehabilitation services can be accessed while in the community.
c.
The cost is higher but so is the success rate.
d.
Diversion allows the inmate out of their cell for longer lengths of time.
45. Which of the following is false regarding diversion programs?
a.
There is no court supervision of these programs.
b.
Offenders are placed in diversion programs before their formal trial or conviction.
c.
Pretrial diversion programs are intended to encourage community treatment participation by the
offender.
d.
Restitution may be part of a diversion program.
46. Who chooses whether a trial will be before a judge or a jury?
a.
Prosecutor
b.
Defendant
c.
Judge
d.
Court administrator
47. The _____ Amendment contains the confrontation clause.
a.
First
b.
Fourth
c.
Sixth
d.
Fourteenth
48. The _____ Amendment guarantees the defendant the right to a jury trial.
a.
Second
b.
Fourth
c.
Sixth
d.
Fourteenth
49. While not explicitly stated in the Constitution, the court has found support for legal self-representation in the
_____ Amendment.
a.
First
b.
Fifth
c.
Sixth
d.
Eighth
50. According to the court, which of the following was the reason for the speedy trial guarantee?
a.
To improve the credibility of the trial
b.
To avoid extensive pretrial publicity and questionable conduct of officials
c.
To reduce the anxiety for the defendant awaiting trial
d.
All of the above were rationales for the speedy trial guarantee
51. Which of the following is not a result of diversion programs?
a.
Allowing the offender to make restitution to the victim or pay back the community through volunteer
services
b.
Increase in costs to the criminal justice system
c.
Reduction in prison population
d.
Continuation of employment
52. The right to a public trial is guaranteed by the _____ Amendment.
a.
First
b.
Fifth
c.
Sixth
d.
Eighth
53. In what 1976 case did the court rule unconstitutional a trial judge’s order prohibiting the press from
reporting the confessions implicating the defendant in the crime?
a.
Nebraska Press Association v. Stuart
b.
Press-Enterprise Co. v. Superior Court
c.
Gannett Co. v. DePasquale
d.
Turner v. Murdoch
54. The defendant’s right to an impartial trial and jury under the Fifth and Sixth Amendments often runs into
direct conflict with the _____ Amendment’s guarantee of the press and public access.
a.
First
b.
Second
c.
Fourth
d.
Fourteenth
55. The standard required to convict a defendant charged with a crime at the adjudicatory stage of the criminal
process is:
a.
proof beyond a reasonable doubt.
b.
absolute certainty.
c.
clear and convincing evidence.
d.
preponderance of the evidence.
56. The process of determining the appropriateness of jurors to sit on the jury is known as: