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