a.
voir dire.
b.
venire.
c.
the jury array.
d.
the process of rebuttal.
57.
Which 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.
58. 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
59. 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.
60. 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.
ESCJ.SIEG.17.08.10 – Summarize the trial process.
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.
61. Sara’s bail is surprisingly high for $200 of cocaine. In fact, her lawyer calls it excessive. What can Sara and her
lawyer do to change the situation?
a.
Ask for ROR
b.
File a motion for violation of the Eighth Amendment
c.
Request a police field citation release
d.
Enroll Sara in treatment to reduce bail
ESCJ.SIEG.17.08.01 – Summarize the bail process.
62. 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
ESCJ.SIEG.17.08.01 – Summarize the bail process.
63. Sara finally calls her parents. They are troubled by her addiction and want her to go to rehab, so they give her some
money. This is enough to cover about 10 percent 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
ESCJ.SIEG.17.08.01 – Summarize the bail process.
64. Sara had a midterm exam to study for and forgot about her court date. What will happen to her?
a.
A bounty hunter will come looking for her.
b.
She will have to pay the full amount of her bail.
c.
She can now ask for a new trial date.
d.
She will voluntarily check in to rehab.
ESCJ.SIEG.17.08.01 – Summarize the bail process.
Dwayne is the Chief of Police for Big City, Ohio. He has money in his budget to hire new police officers and maintain
and boost morale by offering bonuses. Dwayne happens to have a girlfriend with whom he has become increasingly
serious. He would like to buy her some jewelry but his wife doesn’t know of his infidelity and certainly can’t know that
his affair has turned serious enough to buy jewelry. His wife actually knows about his girlfriend and has become addicted
to pain pills in an attempt to forget about Dwayne’s infidelity.
65. When Dwayne borrows $15,000, he gets a visit from the Internal Affairs Board (IAB). Apparently, the IAB had
already convened a grand jury to investigate him for using his city budget to take his girlfriend out to eat at expensive
restaurants. What is next for Dwayne?
a.
He will be arrested.
b.
He will be charged.
c.
He will be indicted by a grand jury.
d.
A presentment is issued.
Charging the Defendant
ESCJ.SIEG.17.08.03 – Differentiate between the two main mechanisms for charging
66. Dwayne’s wife has been arrested and charged for attempting to buy pain pills from an undercover police officer. She
knows she needs help and decides to plead guilty. What can her defense attorney do at this point?
a.
Waive the preliminary hearing
b.
Request a plea bargain at the police station
c.
Have her plead nolo contendere
d.
Have her claim she was under duress
Charging the Defendant
ESCJ.SIEG.17.08.03 – Differentiate between the two main mechanisms for charging
67. At Dwayne’s wife’s arraignment, what will occur first?
a.
She will voluntarily sign up for rehab.
b.
She will get a lesser sentence for pleading guilty.
c.
She will be informed of the charges against her.
d.
She will receive a sentencing date.
Charging the Defendant
Zack has just pled not guilty by reason of insanity to killing his parents and his brother. He was arrested walking down the
street without any clothes on with dried blood all over him. He has always been an introvert, and people used to call him
names and say that he was crazy. Over the past couple of years, Zack has had a lot of black-out type situations where he
doesn’t remember the days before he finds himself somewhere unfamiliar doing something strange.
68. Zack has spent the better part of two years in a locked psychiatric facility awaiting trial. He feels ill from the medicine
they make him take, he doesn’t recognize the man that they say is his attorney and now he cannot remember his full name.
At this point what is Zack’s most important legal issue at trial?
a.
His forced treatment and medicine
b.
Mental competency
c.
Compulsory process
d.
adequate legal representation
Pretrial Diversion
ESCJ.SIEG.17.08.09 – Explain the legal rights of the accused at trial.
69. Zack has just fired his attorney or the man who they say is his attorney. He wants to represent himself. What issues
will he have?
a.
He is indigent.
b.
He may not get an impartial jury.
c.
He may not be competent.
d.
He may not get a speedy trial.
Pretrial Diversion
ESCJ.SIEG.17.08.09 – Explain the legal rights of the accused at trial.
70. At Zack’s trial, the prosecution opens their questions by calling on the cleaning lady who found the dead bodies. She
tells the court that Zack has always been a demon child and there was always something wrong with him. The judge
instructs the jury not to listen to the explanation of who Zack was and how he behaved because:
a.
she is not an expert in cleaning up blood.
b.
her testimony was not fact but her opinion.
c.
her opinion boosts the prosecution’s case.
d.
the defense has already entered a directed verdict.
Pretrial Diversion
ESCJ.SIEG.17.08.09 – Explain the legal rights of the accused at trial.
71. At the ____________________, defendants are informed of the formal charges and asked to enter a plea.
72. Holding an offender in secure confinement before trial is referred to as _______.
73. A ___________ release is when the determination of an arrestee’s eligibility for release and the actual release of the
arrestee are deferred until after he or she has been removed from the scene of an arrest and brought to the station house or
police headquarters.
74. With ________ bail, the defendant is released after promising to obey some specified rules in lieu of cash, such as
attending a treatment program.
75. _____ bail is when the defendant pays a percentage of the bond to a bonding agent, who posts the full bail.
76. A(n) ____________________ is a charging document drawn up by a prosecutor and submitted to a grand
jury.
77. The ____________________ mandated that no defendant shall be kept in pretrial detention simply because
they cannot afford money bail.
78. The concept of the grand jury was brought to the American colonies by early settlers and later incorporated
into the ____________________ Amendment of the US Constitution.
79. A ______ is the action by a grand jury when it votes not to indict an accused suspect.
80. ____________________ is a plea where the defendant does not accept or deny responsibility for the crimes charged
but agrees to accept punishment.
81. Most defendants appearing before the courts plead ______ prior to the trial stage.
82. In about half the states, a ____________________ is used as an alternative to the grand jury.
83. A __________ is the dismissal of a prospective juror for unexplained, discretionary reasons.
84. To avoid stigma and labeling, ___________________ programs suspend criminal proceedings so that the
accused can participate in treatment under court supervision.
85. If a verdict cannot be reached, the trial may result in a ________.
86. The determination of guilt or innocence is called_______________.
87. _______ programs give the client an opportunity to avoid the stigma of a criminal record and continue to work to
support one’s family.
88. With pretrial diversion programs there was always a suspicion that they would _________________ of the justice
system.
89. The leading national organization, the American Bar Association (ABA), is opposed to ___________________ in plea
negotiations.
90. _____________________ has become an essential, but controversial, part of the administration of justice.
91. The ___________ is essential to a fair criminal trial because it restricts and controls the admissibility of hearsay
evidence.
92. Describe how each of the five innovative bail systems works.
93. Compare and contrast the grand jury and preliminary hearing models.
94. Discuss the history of bail reform as well as criticisms of the current bail system.
95. Define plea bargaining and discuss its effects on the operation of the criminal justice system. What impact
does it have on the defendant?
96. Discuss three issues that are present when bail is considered.
97. Explain three legal issues in plea bargaining.
98. Discuss how current procedures of jury selection impact a fair trial. Can these methods be improved?
99. Explain the meaning of right to a speedy trial and how this right may be violated.
100. Through the use of examples, elaborate on what it means to have a public trial. What are the impacts of this
approach on justice?
101. Summarize the trial process.