criminal procedures final
A suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," within ___ hours of the arrest, including weekends and holidays.
48
A guilty plea where the defendant refuses to admit committing the crime is called a/n ________ plea.
Alford
The First ten Amendments to the U.S. Constitution are called the _______.
Bill of Rights
The first ten amendments to the U.S. Constitution are known as the
Bill of Rights
______ evidence is evidence that proves a fact in issue indirectly.
Circumstantial
Habeas corpus was established under the Magna Carta.
False
If a defendant and prosecutor agree to a plea bargain and guilty plea, the judge cannot lawfully refuse the plea and plea bargain.
False
If a defendant does not testify at trial, the jury may validly use this as circumstantial evidence of guilt.
False
The Eighth Amendment prohibits unreasonable searches and seizures.
False
The U.S. Supreme Court has held that trial judges must give juries a definition of proof beyond a reasonable doubt.
False
The defense carries the burden of proving the defendant is not guilty.
False
Under American law, criminal defendants have a right to a perfect (error free) trial.
False
Through operation of the _____ Amendment, most of the Bill of Rights' provisions are also applicable against the states.
Fourteenth
Protection against illegal search and seizure is guaranteed by the _______ Amendment.
Fourth
________ is usually the last resort or final step in defendants attempting to overturn their convictions.
Habeus Corpus
The English ______ of 1215 was an important step in limiting government power and granting rights.
Magna Carta
Which of the following is the weakest argument in favor of guilty plea pursuant to a plea bargain?
Pleas are a more open and well-informed procedure than a trial.
The _______ Amendment gives defendants a right to notice of the charges, a right to counsel, and a right to confront and cross-examine adverse witnesses.
Sixth
The ________ Amendment gives defendants a right to a speedy and public trial.
Sixth
The right to a speedy and public trial is found in the __________ Amendment.
Sixth
A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty.
True
A full confession about the crime would be an example of direct evidence.
True
Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred would be circumstantial evidence of guilt.
True
In an Alford plea, the defendant pleads guilty but refuses to admit to committing the crime.
True
In general, cases with significant evidentiary problems are likely to be weeded out.
True
In the absence of a confession or admission, intent must usually be proven by circumstantial evidence.
True
The Sixth Amendment affords defendants a right to confront and cross-examine witnesses.
True
The Sixth Amendment contains a right to counsel.
True
The Sixth Amendment guarantees a speedy and public trial.
True
The U.S. Declaration of Independence declares that governments derive their power from consent of the governed.
True
The prosecution is required by law to prove the defendant's guilt beyond a reasonable doubt.
True
The formal court proceeding where the defendant pleads to the charges is called a/n _______.
arraignment
The greatest risk of granting ______ is flight.
bail
The purpose of _____ is to assure the defendant's appearance at trial.
bail
The Bill of Rights originally applied to the ______________ government.
federal
In terms of procedure,
felony and misdemeanor cases have exactly the same procedures.
Because it is not required by the U.S. Constitution, only about half the states give defendants a right to
grand jury review
An inference of ______ should not be drawn when a defendant or suspect asserts the Fifth Amendment privilege against self-incrimination.
guilt
The _______ plea requires evidence of disease or defect.
insanity
Of the cases that go to trial, about 20 percent are tried before a _______.
judge
A no contest plea is the same as a ________ plea.
nolo contendere
If a defendant refuses to enter a plea, the court will enter a plea of
not guilty.
In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is
on the defendant to prove the defense.
In England, before the Norman invasion of 1066, guilt or innocence was determined by
ordeals
Prior to the Norman invasion of England, the use of ______ was a common method of determining guilt or innocence.
ordeals
The level of proof required in criminal cases is proof beyond a _________doubt.
reasonable
Under American law, the prosecution must prove the defendant's guilty beyond a ______ doubt.
reasonable
In most appeals,
the appeals court reviews the records for errors.
An indictment is a formal criminal charge issued by
the grand jury
The American Declaration of Independence (1776) the government derives its powers from
the people by their consent
In an Alford plea, the defendant pleads guilty but refuses
to admit guilt.
Both defense attorneys and prosecutors evaluate the strength and admissibility of evidence in deciding upon strategies for handling the case.
True
Due process requires that criminal guilt be proven by the government beyond a reasonable doubt.
True
Under American law, defendants have a right to a ________ trial.
fair
The writ of _______ is a means of challenging the government's authority to detain or imprison people.
habeas corpus
In many jurisdictions, before trial, a defendant charged with a felony may be entitled to a preliminary _______.
hearing
Under the Sixth Amendment, defendants have a right to a/n ____________ jury.
impartial
In states that do not use grand juries, the formal charging document is the
information
In all states, a defendant has a right to grand jury review of the charges.
False
In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review.
False
One of the goals of the criminal justice system is seeking retribution for victims.
False
Inferences of guilt cannot be drawn from the fact that the defendant exercises the ______ Amendment privilege against self-incrimination.
Fifth
The privilege against self-incrimination (which includes the right of a defendant not to testify) is found in the ___________ Amendment.
Fifth
An Information is a formal charging document issued by a prosecutor.
True
Under American law, the defendant is presumed innocent and the government must prove guilt
beyond a reasonable doubt
Fingerprint and shoe print evidence are generally examples of ______ evidence.
circumstantial
The rules of _____ determine what information can be presented to the judge and/or jury.
evidence
In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead
guilty
The English common law writ (also adopted in the U.S.) which allowed a person to challenge the legality of their custody or imprisonment was the writ of
habeas corpus
A/n ________ is a formal criminal charge issued by a grand jury.
indictment
The formal charging document issued by a grand jury is called a/n _______.
indictment
Circumstantial evidence requires that the fact finder draw ______.
inferences
_____________are reasonable conclusions or deductions that fact finders (juries or judges) may draw from the evidence presented to them.
inferences
A/n _______ is a formal criminal charge issued by a prosecutor.
information
Under American law, the defendant is entitled to the presumption of ______.
innocence
A defendant does not testify at his or her criminal trial. The judge or jury
may not use this as evidence of guilt or draw an inference of guilt.
Means, opportunity, and ______ are frequently used as circumstantial evidence of guilt.
motive
Plea bargaining may involve substituting a guilty plea to one offense for a trial on ________ offenses
multiple
Another term for a no contest plea is a plea of
nolo contendere
Although an appellate court may find that errors were committed at the trial, only _______ errors will result in a new trial.
reversible
Many defendants plea bargain and plead guilty in hopes of obtaining a lighter (or more lenient) ________.
sentence
The ________ Amendment of the U.S. Constitution states that "Excessive bail shall not be required.
Eighth
A conviction cannot be valid if it is based solely on circumstantial evidence.
False
A majority of states and the federal courts have a plea and verdict of guilty but mentally ill.
False
All states allow a plea of not guilty by reason of insanity.
False
The Confrontation Clause is found in the __________ Amendment.
Sixth
One of the most deeply rooted traditions of modern Anglo-Saxon law is that an accused is innocent until proven guilty beyond a reasonable doubt.
True
One of the purposes of some of the rules of evidence is to assist in finding the truth.
True
One of the purposes of the rules of evidence is to help assure that defendants get a fair trial.
True
Threatening witnesses or discouraging others from cooperating with the police can sometimes be admissible circumstantial evidence of guilt.
True
The ______________ was the earliest legal procedure by which illegal or improper jailing or detention could be challenged in a court of law.
Writ of Habeas Corpus
An affirmative defense is one in which the defendant
admits doing the act but claims other matters that will result in an acquittal.
A defendant who possesses large quantities of illegal drugs may, by inference, be convicted of possession with intent to ______.
deliver
The rules of evidence
determine what information will be available to the judge or jury at trial
The Magna Carta began the development of the concept in law that there had to be _______ cause to justify arresting or holding a person in custody.
probable
A defendant is found in possession of a very large quantity of illegal drugs. It is permissible to draw the inference that the possession was
with intent to deliver
The first twelve Amendments to the U.S. Constitution are called the Bill of Rights.
False
Through operation of the ____________ Amendment, many provisions of the Bill of Rights now also limit the power of the states.
Fourteenth
A defendant's offer to plead guilty
cannot be used as evidence if the defendant goes to trial
Affirmative defenses include insanity, immunity, _______, and double jeopardy.
entrapment