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
2. More than half of all violent criminals are released before trial.
a. True
b. False
3. A nolo contendere (no contest) plea is essentially the same as a guilty plea.
a. True
b. False
4. The grand jury has the power to act as an independent investigative body.
a. True
b. False
5. Diversion programs allow a defendant to enter treatment instead of trial.
a. True
b. False
Chapter 08 : Pretrial and Trial Procedures
6. The state can never order a defendant to take medication when s/he is ruled incompetent to stand trial.
a. True
b. False
7. There is no set time that defines a speedy trial.
a. True
b. False
8. Most states impose qualifications, such as a high school education, on those called for jury service.
a. True
b. False
9. 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
10. In a criminal case, a preponderance of the evidence is sometimes enough to convict.
a. True
b. False
11. One of the criminal sanctions available to the sentencing judge is commitment to a state hospital.
a. True
b. False
12. The prosecution can request a directed verdict.
a. True
b. False
13. The initial group of people chosen for jury duty are called voir dire.
a. True
b. False
14. Most formal trials are heard by a jury although some defendants can request a bench trial.
a. True
b. False
15. Your 5th amendment rights protect your right to have a compulsory process for obtaining favorable witnesses.
a. True
b. False
Multiple Choice
16. Which of the following is a pretrial procedure?
a. Bail b. Arraignment
c. Plea negotiation d. All of these
17. 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
18. The ____ Amendment to the Constitution prohibits excessive bail.
a. Sixth b. Eighth
c. Fourteenth d. Sixteenth
19. 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.
Chapter 08 : Pretrial and Trial Procedures
20. What did the Court establish in Stack v. Boyle?
a. That 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.
21. 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 system d. Privately secured bail system
22. What type of bail system allows the defendant to be released with no immediate requirement of payment but
leaves him/her liable for the full bail amount if he/she fails to appear in court?
a. Surety bail system b. Deposit bail system
c. Release on recognizance system d. Unsecured bond
23. 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.
24. 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
25. 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
26. What is another term for an indictment issued by a grand jury?
a. True bill b. No bill
c. Nolo contendere d. Nolle prosequi
27. To stand trial, a criminal defendant must be considered to be ?.
a. Guilty beyond reasonable doubt b. Mentally Competent
c. Pro se d. Willing to challenge for cause
28. 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
29. Which of the following is a common reason for a defendant to waive the preliminary hearing?
a. He/she has already decided to plead guilty.
b. He/she wants to speed up the criminal justice process.
c. He/she hopes to avoid the negative publicity that might result from the hearing.
d. All of these
30. 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.
31. What state completely eliminated plea bargaining in 1975?
a. Alaska b. Oregon
c. Indiana d. Alabama
32. 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
33. Which of the following statements 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.
34. If an individual is permitted a trial, who chooses whether it will be before a judge or a jury?
a. Prosecutor b. Defendant
c. Judge d. Court administrator
35. The _____ Amendment contains the confrontation clause.
a. First b. Fourth
c. Sixth d. Fourteenth
36. The _____ Amendment guarantees the defendant the right to a jury trial.
a. Second b. Fourth
c. Sixth d. Fourteenth
37. 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
38. According to the court, which of the following was the reason for the speedy trail 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
39. 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
40. 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
41. The process of determining the appropriateness of jurors to sit on the jury is known as:
a. voir dire b. venire
c. the jury array d. the process of rebuttal
42. Which of the following is true of peremptory challenges during jury selection?
a. They are unlimited in number
b. They require a stated reason for dismissal of a prospective juror
c. Theyareconstitutionallycompelledtohaveabasisin“content”questions
d. They can be used to excuse jurors for no particular reason
43. The Batson doctrine holds that:
a. peremptory challenges based on race by the defense are unconstitutional
b. prosecutorial peremptory challenges based on race are unconstitutional
c. theuseof“content”questionsisunconstitutional
d. peremptory challenges may not be limited to less than five by state statute
44. Which of the following is false regarding opening statements?
a. The prosecutor offers the first opening statement
b. Neither attorney is permitted to make prejudicial remarks
c. Opening remarks are more effective in a bench trial than a jury trial
d. The purpose of opening remarks is to identify what will be proved by way of evidence in the trial
45. Which of the following is a reason for which a jury can nullify the facts and evidence of a case?
a. The jury believes that the law is unjust
b. The jury believes the punishment is excessive
c. The jury believes the law is being unjustly applied
d. All of the above are reasons for jury nullification
Sara, an 18 year old college student uses cocaine occasionally and was just arrested for buying $200 worth. After
spending the night in jail, she is ready to put this whole episode behind her. When she appears before the judge, she
has a public defender representing her and the attorney has assured Sara that this is no big deal as it was her first
offense.
46. Sara’sbailissurprisinglyhighfor$200ofcocaine;herlawyercallsitexcessive.WhatcanSaraandherlawyerdo
to change the situation?
a. ask for R.O.R
b. file a motion for violation of the 8th amendment
c. request a police field citation release
d. enroll Sara in treatment to reduce bail
47. Sara’scollegewaspaidforbyloansandscholarships.Shedoesn’thaveanymoneyforbail;themoneysheusedto
buythecocainewaswhatwasleftinhercheckingaccount.Shedoesn’ttalktoherparentstoooften,andshe
wouldn’taskthemformoneyanyway.WhatisthelikelyoutcomeofSara’scaseatthispoint?
a. police/pretrial jail citation release
b. pretrial detention
c. appeal to the Manhattan Bail project
d. file in favor of bail reform
48. Sara finally calls her parents. They are troubled by her addiction and want her to go to rehab but give her some
money. This is enough to cover about 10% of the bail fee. In order to get back to her classes and life, what is the
best option for Sara?
a. post direct bail
b. post surety bail
c. request a reduction in bail
d. get an unsecured bond
Chapter 08 : Pretrial and Trial Procedures