Justice F110X Quiz: Chapter 8
The ______ are made by each side's attorney after the cases fro the plaintiff and defendant have been presented.
closing arguments
To whom is the appeals process available?
defense
Evidence witnessed by the person giving the testimony is:
direct evidence
The examination of a witness by the attorney who calls the witness to the stand to testify is called:
direct examination
What is the formal investigation prior to trial in which the defense uses various methods to obtain information from the prosecution to prepare for trial?
discovery
In the case of __________, the Supreme Court held that a defendant's decision not to testify during the trial cannot be held against him or her.
Adamson vs. California
At the _____, the defendant is informed of the charges and must respond by pleading guilty or not guilty.
Arraignment
Which of the following is NOT one of the decisions that can be made in a higher court in its disposition through the appeals process?
guilty
A judicial order that commands a correctional official to bring a prisoner before a federal court so that the court can hear the person's claim that he or she is being held illegally is:
habeas corpus
All of the following are reasons that defendant pleads not guilty EXCEPT: a.) submit one of the affirmative defenses available. b.) challenge a crucial part of the evidence based on constitutional grounds. c.) gain a more favorable plea bargain. d.) he or she is unsatisfied with his or her public defender and demands a new lawyer.
he or she is unsatisfied with his or her public defender and demands a new lawyer.
Which of the following is NOT one of the possible affirmative defenses used in a defendant's case?
hearsay
A(n) _______ jury is one in which the jury members are so irreconcilably divided in their opinions that they cannot reach a verdict.
hung
If the grand jury finds that probable cause exists, it issues a(n):
indictment
The ______ is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.
information
What is the first step toward determining the suspect's guilt or innocence after an arrest has been made?
initial appearance
Which of the following is true regarding the concept of double jeopardy? -It guarantees that once exonerated, a defendant cannot be tried a second time for the same offense in that particular jurisdiction.
it guarantees that once exonerated, a defendant cannot be tried a second time for the same offense in that particular jurisdiction.
A(n) _____ witness is one who can truthfully and accurately testify on a fact in question without having specialized training or knowledge.
lay
Which term is Latin for "I will not contest it" and is used as criminal defendant's plea, in which he or she chooses not to challenge, or contest, the charges brought by the government?
nolo contendere
About ______ of adult felony cases brought to prosecutors by police are dismissed through a nolle prosequi.
one-half.
The rules of evidence state that expert witnesses may base their testimony on three types of information. Which of the following is NOT one of those types of information? a.) opinions about the defendant based on their expert knowledge b.) material presented at the trial c.) secondhand information given to the expert outside the courtroom. d.) facts of data of which they have personal knowledge.
opinions about the defendant based on their expert knowledge
Which type of challenge is one used to exclude potential jurors from serving on the jury without any supporting reason or cause being provided by the attorney?
peremptory challenge
During the ______, the defendant appears before the judge or magistrate, who decides whether the evidence presented is sufficient for the case to proceed to trail.
preliminary hearing
Once the initial appearance has been completed and bail is set, the prosecutor must establish:
probable cause
After the defense closes its case, the prosecution is permitted to bring new evidence forward that was not used during the initial presentation to the jury. This is called the ______ stage of the trial.
rebuttal
What type of evidence tends to prove or disprove a fact in question?
relevant
Legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place are called:
statutes of limitations
Defendants have the right to effective representation during plea negotiations. True or False?
true
What is the formal decision rendered by the jury?
verdict
The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or witness is referred to as:
voir dire
What is the most important factor in deciding whether to prosecute?
whether sufficient evidence exists to gain a conviction.
In _________, the Supreme Court held that jurors may not be excluded based on their race.
Batson vs. Kuntucky
Which of the following is a true statement? a.) Plea bargaining accounts for the majority of criminal convictions in the state courts. b.) Defendants who plea bargain receive significantly lighter sentences on average than those who are found guilty at trial. c.) the plea of guilty is fairly common at the arraignment. d.) Defendants who plea bargain receive significantly harsher sentences on average that those who are found guilty at trial.
Defendants who plea bargain receive significantly lighter sentences on average than those who are found guilty at trial.
Excessive bail is prohibited under the _______ Amendment.
Eighth
All defendants have a guaranteed right to bail. True or False?
False
An indictment is the formal charge against the accused issued by the prosecutor after a preliminary hearing. True or False?
False
Circumstantial evidence is not admissible in court. True or False?
False
During the appeals process, the burden of proof rests with the prosecution. True or False?
False
In an Allen Charge, the judge declares the jury to be hung. True or False?
False
Only a criminal defendant has the right to "take the fifth" during a criminal trial. True or False?
False
Prosecutors have unrestrained discretionary powers. True or False?
False
The Sixth Amendment specifies what the time limits are for a speedy trial. True or False?
False
The Sixth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself." True or False?
False
The initial appearance resembles a mini trial. True or False?
False
The plea of not guilty is fairly uncommon at an arraignment. True or False?
False
Witnesses are not protected by the Fifth Amendment. True or False?
False
Bail is provided for under the Sixth Amendment. True or False?
False.
Which Amendment states that no person "shall be compelled in any criminal case to be a witness against himself"?
Fifth
The prohibition against double jeopardy is provided for in the:
Fifth Amendment
Which amendment contains the "confrontation clause," or the right to cross-examine witnesses?
Sixth
A blood-stained piece of clothing presented in court as an exhibit is an example of real evidence. True or False?
True
A majority of criminal convictions in state courts are the result of plea bargaining. True or False.
True
About half of all adult felony cases brought to prosecutors by the police are dismissed through a nolle prosequi. True or False?
True
During the preliminary hearing, the judge decides if there is probable cause to hold the defendant over for trial. True or False?
True
Each attorney may exercise a limited number of peremptory challenges. True or False?
True
Each jurisdiction has its own bail tariffs. True or False?
True
If the defendant waives her or his right to trial by jury, a bench trial takes place in which a judge decides questions of legality and fact, and no jury is involved. True or False?
True
Presenting an alibi is an example of an affirmative defense. True or False?
True
Prosecutors may turn to plea bargaining to obtain a conviction in a questionable case. True or False
True
Protection against double jeopardy is contained within the Fifth Amendment. True or False?
True
The Bar against double jeopardy does not preclude a victim from bringing a civil suit against the same person to recover damages. True or False?
True
The plea bargain allows the defendant a measure of control over his or her fate. True or False?
True
Which type of defense used in a defendant's case includes the submission of evidence showing that the accused was not at or near the scene of the crime at the time the crime was committed?
alibi defense
A(n) _______ is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgement or decision.
appeal
What type of trial is conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence?
bench trial
What is the burden of proof in a criminal trial?
beyond a reasonable doubt
What type of challenge is one in which the attorney states the reason why a prospective juror should not be included on the jury?
challenge for cause