Ch. 9

Who must ensure that a plea bargain is voluntary?

the judge

The 6th Amendment affords all of the following rights EXCEPT

the right to be free from unreasonable searches and seizures

What does NOT occur during a suspect's booking?

the suspect is interrogated

What is true of grand jury hearings?

they are closed to the press

What is FALSE about preliminary hearings?

they increase the number of unnecessary trials and thus the courts' caseload

Critics of the criminal justice system believe that its procedures are often:

time-consuming, complicated, and expensive

In many minor misdemeanor cases, defendants plead guilty and the judge may sentence them to

times already served in jail, fines, and probation

All of the following are examples of hearsay evidence EXCEPT

"I saw the defendant, Johnny, kill his wife"

A grand jury is composed of ______ members

12 to 23

What percentage of cases are handled through plea bargaining?

95%

Which stat banned plea bargaining in 1975?

Alaska

Which Supreme Court case ruled that all felony defendants, state, or federal have a right to counsel at trial?

Gideon v. Wainwright

What is an example of a police "showup"?

John was sitting in the back of a police car, and the police were showing John to a witness

What is an example of double jeopardy?

Michael kidnaps Sally in Florida and takes her to Georgia. Michael is tried in Florida and acquitted. The state prosecutor takes the case to trial again with new evidence from Georgia police

Which of the following statements is true about the order of a criminal trial?

Once the prosecution finishes the direct examination, the defense may choose to cross-examine the prosecution's witnesses.

Who has the right to counsel?

a defendant facing a 6 month jail sentence for a misdemeanor

Who has the right to a jury trial?

a defendant in a misdemeanor criminal case who is facing 9 months in jail

In which would an individual have 6th Amendment protections?

a murderer who has formal charges filed against him by the state prosecutor and is released on bail

What is the standard of proof required to win a civil lawsuit?

a preponderance of evidence

How does being free on bail help an accused individual?

all of these

What happens when a grand jury fails to find probable cause?

all of these

Why would a defendant plead guilty to a crime and not invoke his or her right to a criminal trial?

all of these

An _____ is a hearing before the judge or magistrate during which the complaint is formally read

arraigmment

A criminal case typically begins with an

arrest

When does a defendant NOT have the right to an attorney?

at her habeas corpus proceedings

According to the U.S. Supreme Court, how many jurors are required to serve on a jury for a state felony criminal trial?

at least 6

A plea bargain must take place

before the jury delivers a verdict

The standard of proof in a criminal case is

beyond a reasonable doubt

John Jones is on trial for murder. The prosecutors have decided to charge him with a(n) ________ crime, which means if convicted he would be eligible for the death penalty.

capital

Some defense attorneys request that the trial be moved to another location because the case may have too much publicity in the current jurisdiction. What is this request called?

change of venue

According to recent U.S Supreme Court decision, who is allowed to testify via one-way-closed-circuit television and not in an actual courtroom?

children abused by the accused

Larry's fingerprints were found on the murder weapon that was used in the murder of his wife, Jennifer. This is ________ evidence.

circumstantial

Evidence that might exculpate a defendant is evidence that could

clear the defendant of blame

Once prosecutors file a complaint, the individual arrested becomes a

defendant

How is there a disparity in granting bail?

defendants who are poor will have to stay in jail prior to their trial

Eyewitness testimony and videotape documentation are examples of ________ evidence.

direct

The process of both legal parties in a criminal case requesting opposing counsel's evidence or information is known as

discovery

What is FALSE about the process of preparing for a criminal case?

district attorneys usually have the advantage because they have a bigger budget than prosecutors

The ______ is a clause of the U.S Constitution that represents the proposition that government laws and proceedings must be fair

due process clause

Which constitutional amendment states that excessive bail shall not be required?

eighth

The purpose of bail is to

ensure that defendants appear at trial

All defendants in __________ are entitled to a grand jury under the Fifth Amendment

federal felony cases

The entitlement to a grand jury is guaranteed under the _________ Amendment

fifth

Which constitutional amendment applied the due process clause to the federal government?

fifth

Which constitutional amendments contain the due process clause?

fifth and fourteenth

Which constitutional amendment applied the due process clause to the states?

fourteenth

How are members of a grand jury usually selected?

from voter lists

The 2 major kinds of probable cause hearings are

grand juries and preliminary hearings

John Jones is on trial for murder. Because his potential punishment is the death penalty, his case has to proceed in two separate phases. The first phase is the

guilt phase

In a trial, State Attorney Daniels has given sufficient proof of all elements of the crime. The jury must find the defendant:

guilty

What is FALSE about the right to a speedy trial?

if the right to a speedy trial is violated all defendants will go free, except for murder suspect because their crimes are serious crimes

If the grand jury finds that probable cause exists, it issues an

indictment

The criminal justice process

is long and complicated

All of the following are possible pleas entered EXCEPT

no action

When the prosecution has not met the burden of proof, juries must find the defendant

not guilty

John Jones is on trial for murder. Because his potential punishment is the death penalty, his case has to proceed in two separate phases. The second phase is the

penalty phase

A _______ is a defendant's formal denial or admission of guilt

plea

95% of criminal cases are settled by

plea bargaining

Sally is on trial for drug trafficking and wasn't notified of the specific charges against her. This is a violation of _____ due process.

procedural

________ due process is the concept that the processes and methods used to try people for crimes cannot be arbitrary or unfair

procedural

Who has the burden of proving every element of every crime?

prosecutors

________ refers to a jury that is kept separate from outside contact during a trial.

sequestered

Police detectives believe that Anna is a drug dealer. They do not have evidence to prove this, but nonetheless they search her home. This is a violation of ________ due process.

substantive

______ due process means that the government cannot unfairly, or without just cause, deprive people of certain liberties

substantive

Sally called 9-1-1 to report that her husband Mark was just shot by Mary. Who would have to be a witness to testify about the phone call made to the police?

the 9-1-1 operator

Which is NOT part of a grand jury hearing?

the defendant can call his or her witnesses to contest the evidence of the prosecution

Why is a no contest plea beneficial to a defendant?

the defendant could be found guilty in a criminal court but can avoid civil liability for the acts of which he is accused

What is true about waiving your right to a jury trial?

the defendant must be able to explain that he or she understands what it means to waive the right to a jury trial

If the judge in a preliminary hearing finds that probable cause exists, the prosecutor produces

the information

What is true about preliminary hearings?

the judge presides over the hearings

Tommy is arrested on charges of attempted murder. He goes to his bail hearing in a small state court in Texas. At the bail hearing, the judge rules that Tommy's bail is $5 million. Tommy claims that this is a violation of his Eighth Amendment rights. The judge still denies his request for lesser bail. Why can the judge impose such a high bail for Tommy?

the privilege against excessive bail does not apply to state defendants and only applies to federal defendants