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33 questions
What is the earliest stage of the court process at which defendant may be given formal notice of the charges against them?
Arraignment
Preliminary hearing
Grand jury hearing
First appearance
While all of the following may occur at first appearance, which of the following does not always occur?
Defendants are advised of their rights
Defendants are given formal notice of the charges against them
Defendants are given the opportunity for bail
Defendants are given the opportunity to retain a lawyer or have one appointed
Based on the decision in McNabb v. U.S., the standard maximum time by which a first appearance should be held has been set at _______ hours after arrest.
72
12
48
24
When is probable cause hearing necessary?
When there is an extended delay before the defendant appears before magistrate
When the arrest was made without warrant
When the suspect is being held without bail
When the suspect request one
Which of the following is not type of risk that judicial officers consider when making pretrial release decisions?
The risk to the defendant of remaining in jail until trial
The risk that the defendant will fail to appear at a scheduled court appearance
The risk to public safety
The risk of flight
Which of the following is a purpose of bail?
To allow defendants to spread to spend time with their families
To allow defendants to assist the attorneys with their cases
To ensure that the defendants remain employed during the pretrial period
To prevent unconvinced suspects from suffering imprisonment unnecessarily
Release on recognizance
requires the defendant to pay bail in cash
permits the defendant to post non-cash collateral
results in the pretrial detention of a suspect
permits release on the basis of written promise to appear
Bob consigned all of his stock holdings to the court as collateral to ensure he would not abscond before trial. What type of bail did bob post?
Unsecured bond
Signature bond
Deposit bond
Property bond
Defendants who are given the option of deposit bail
are required to post the full amount of the bail with the court.
Forfeit the entire amount of court-ordered bail if they fail to appear in court.
receive the full amount of the deposit back when they appear in court.
are required to comply with various conditions imposed by the court.
Which of the following alternatives to bail does not place any money or other items at risk if the defendant fails to appear in court?
Third-party custody release
Property bond
Unsecured bond
Deposit bail
A(n) ________ law limits the right to bail for certain kinds of offenders
Judicial concern
Security
Detection
Danger
An indictment is filed by the
Grand jury
Prosecutor
Bailiff
Defense attorney
If a grand jury is not used, the prosecutor files a(n) _______ against the accused.
Charging document
information
peremptory
property bond
What is the primary purpose of the preliminary hearing?
To give defendants the opportunity to challenge the legal basis for their detention
To once again inform defendants of the specific charges against them
To allow defendants to enter a plea
To help ensure defendants will reappear when summoned by the court
Which of the following types of pleas is most similar to a guilty plea?
Nolo contendere
Innocent
Not guilty
Standing mute
When a defendant "stands mute" at arraignment, he or she is considered to have entered a
No-contest plea.
Not guilty plea.
Guilty plea
Negotiated plea.
Overall, approximately what percent of the state criminal cases are resolved through plea bargaining?
Almost 50%
Almost 75%
Almost 85%
Almost 95%
The primary purpose of a criminal trial is to
Determine the guilt or innocence of a defendant.
Determine if a crime has been committed.
Safeguard the trial system of the United States.
Ensure a defendant's rights have been safeguarded.
________ is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged.
Adversarial guilt
Legal guilt
Factual guilt
Evidential guilt
American criminal trial courts operate under a structure known as
Presentation of evidence.
The adversarial system.
Jury selection
The reasonable doubt doctrine
The right to a speedy trial is guaranteed by the _____ Amendment to the U.S. Constitution
Fourth
Fifth
Sixth
Eighth
Which of the following is not a type of juror challenge?
Challenges of knowledge
Challenges for cause
Peremptory challenge
Challenges to an array
During jury selection, challenges for cause
Are restricted in number by statue.
do not require the attorney to give a reason for the challenge.
Signify the belief that the juror pool is biased in some way.
Claim that an individual juror cannot be fair or impartial
Removing the jurors from all possible outside influences is known as ________ the jury.
Sequestering
Separating
Segregating
isolating
Evidence that requires interpretation or that requires a judge or jury to draw conclusions based on what evidence indicates is called
Circumstantial evidence
Exculpatory evidence
Real evidence
Direct evidence
Finger prints and tire tracts are examples of __________ evidence.
Direct
Real
Testimaonal
Circumstantial
Joel has been sworn in as a witness in a criminal trial. When she asked about the defendant's whereabouts at the time of the crime, Joel deliberately lies to give the defendant an alibi. Joel's action is known as
Probative value.
Perjury.
Hearsay.
Reasonable doubt.
If the prosecutor calls a witness to the stand, who conducts the redirect examination.
The prosecutor
The defense attorney
The judge
The jury
Which of the following is an exception to the hearsay rule?
An opening statement
A peremptory challenge
A dying declaration
The presentation of direct evidence
An oral or written request asking the court to make a specified finding, decision, or order is also known as
A motion
Hearsay evidnce
Direct evidence
A trial de novo
The standard of proof required for conviction in a criminal trail is
Reasonable grounds.
Probable cause.
beyond a reasonable doubt.
Preponderance of the evidence
What is a hung jury?
A jury that refuses to leave after the trial ends
A jury that ignores the evidence when deciding its verdict on the case
A jury that is not impartial
A jury that unable to agree on a verdict
Court ________ would reduce the number of jurisdictions.
Sequestraition
Unification
Nullification
Professionalization
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