Criminal Justice Chap 10

What is the earliest stage of the court process at which the formal notice of charges is made?

First appearance

When is a probable cause hearing necessary?

When the arrest was made without a warrant

An indictment is filed by the

grand jury.

If a grand jury is not used, the prosecutor files a(n) ________ against the accused.

information

Criminal trials under the U.S. system of justice are built around a(n) ________ system.

adversarial

What is a hung jury?

A jury that is unable to agree on a verdict

Overall, approximately what percent of state criminal cases are resolved through plea bargaining?

Almost 95 percent

Which of the following is not a type of juror challenge?

Challenges for knowledge

________ evidence requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

Circumstantial

Which of the following does not always occur at a first appearance?

Defendants are given the opportunity for bail.

T/F A challenge to the array is used by judges to bar real evidence from the criminal trial.

False

T/F Court unification would prevent sentencing variation by different judges.

False

T/F During the first appearance, the suspect is given the opportunity to present evidence of his or her innocence.

False

T/F If evidence has probative value, judges are required to admit it.

False

T/F Legal guilt deals with the issue of whether the defendant is actually responsible for the crime of which he or she is accused.

False

T/F The closing argument involves the judge reviewing the evidence and explaining the statutory elements of the alleged offense to the jury.

False

T/F The defendant is required to be present during a grand jury hearing.

False

T/F The right to bail is guaranteed in the Constitution.

False

Which of the following statements regarding a deposit bail program is false?

If the defendant appears in court as required, the full amount posted is returned.

Which of the following is not an advantage of plea bargaining for the accused?

It results in a sentence more suitably addressing the accused's correctional needs.

________ is established only when the prosecutor presents sufficient evidence to convince the judge or jury that the defendant is guilty as charged.

Legal guilt

Which of the following types of pleas is most similar to a guilty plea?

Nolo contendere

The right to a speedy trial is guaranteed by the ________ Amendment to the U.S. Constitution.

Sixth

T/F Release on recognizance does not require the payment of a cash bond.

True

T/F Testimony is oral evidence offered by a sworn witness on the witness stand during a criminal trial.

True

If the prosecutor calls a witness to the stand, who conducts the redirect examination?

The prosecutor

Which of the following is not a type of risk that judicial officers consider when making pretrial release decisions?

The risk to the defendant of remaining in jail until trial

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

T/F The majority of criminal cases are resolved through negotiated pleas.

True

Which of the following is a purpose of bail?

To prevent unconvicted suspects from suffering imprisonment unnecessarily

T/F A "hung jury" is deadlocked and cannot come to a unanimous decision.

True

T/F A dying declaration is an exception to the hearsay rule.

True

T/F A professional jury system may lead to a lack of peer juries.

True

T/F Defendants are entitled to be represented by counsel at a first appearance.

True

T/F For a witness to be guilty of perjury, the false statement must have been made intentionally.

True

T/F If a defendant requests a continuance from the court, the delay does not affect the time limits required for a speedy trial.

True

T/F Peremptory challenges may not be used to exclude potential jurors on the basis of either race or gender.

True

T/F Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.

True

An oral or written request asking the court to make a specified finding, decision, or order is also known as

a motion.

The standard of proof required for conviction in a criminal trial is

beyond a reasonable doubt.

During jury selection, challenges for cause

claim that an individual juror cannot be fair or impartial.

At the end of the trial, the prosecution and defense may present ________ to the judge and/or jury.

closing arguments

Citizen ________ regularly monitor court proceedings and document and publicize inadequacies.

court watch groups

The primary purpose of the criminal trial is to

determine the guilt or innocence of a defendant.

Release on recognizance

permits release on the basis of a written promise to appear.

The practice of ________ involves holding defendants who are considered flight risks in jail until trial.

pretrial detention

Fingerprints and tire tracks examples of ________ evidence.

real

Removing the jurors from all possible outside influences is known as ________ the jury.

sequestering

American criminal trial courts operate under a structure known as

the adversarial system.

Court ________ would reduce the number of jurisdictions.

unification