Chapter 2

The formal court proceeding in felony cases where the defendant is officially notified of the charges and asked to enter a plea is called a/an: a. preliminary hearing b. arraignment c. bail hearing d. examinging trial

b. arraignment

The process by which personal and identifying information is gathered by police from a person who has been arrested is called: a. arraignment b. booking c. sequestration d. preliminary hearing

b. booking

Typically, the first thing that will happen after arrest is: a. preliminary hearing b. booking c. arraignment d. indictment

b. booking

Defendants are entitled to a lawyer at plea bargaining under the ___ Amendment. a. Fourth b. Fifth c. Sixth d. Eight

c. Sixth

Rebuttal evidence or arguments by a party are designed to: a. support that party's evidence or argument b. support the opposing party's evidence or argument c. cast doubt on that party's evidence or witnesses d. cast doubt on the opposing party's evidence or witnesses

d. cast doubt on the opposing party's evidence or witnesses

The document that leads to the issuance of an arrest warrant is a: a. citation b. summons c. certiorari d. complaint

d. complaint

The written accusations prepared by a prosecutor is called a/an: a. capias b. indictment c. bill of attainder d. information

d. information

A summon is a writ directed to a peace officer or other person commanding them to: a. take the person into custody b. seize the person's property because the property is evidence of a crime c. issue a citation to the person d. notify the person that they must appear in court to answer charges

d. notify the person that they must appear in court to answer charges

A _________ occurs when the defendant agrees to plead guilty in return for promises of concessions from the prosecutor. a. plea of no contest b. nolle prosequi c. change of venue d. plea bargain

d. plea bargain

With regard to closing arguments in most states, a. the defense goes first, then the prosection b. the prosecution goes first, then the defense c. the defense goes first, then the prosecution, and then finally, the defense again d. the prosecution goes first, then the defense, and then finally, the prosecution again

d. the prosecution goes first, then the defense, and then finally, the prosecution again

The law of criminal procedure is similar in all jurisdiction because of: a. common law rules b. U.S. Supreme Court decisions c. state constitutions d. adminsitrative regulations

b. U.S. Supreme Court decisions

Which of the following are included in jury instructions? a. the elements of the particular offense b. the requirements that each element be proved beyond a reasonable doubt c. the requirement that the defendent's guilt be proved beyond a reasonable doubt d. all of these

d. all of these

In the great majority of cases, the criminal justice process is triggered against a suspect by: a. indictment b. information c. capias d. arrest without a warrant

d. arrest without a warrant

T/F: A bench warrant is a process issued by the police.

False

T/F: A peremptory challenge requires justification.

False

T/F: If the magistrate does not find probable cause, the defendant is charged.

False

T/F: In most states, the only available pleas to a criminal charge are guility or not guilty.

False

T/F: Most cases that reach court are resolved by a jury trail.

False

T/F: The Sixth Amendment requires unanimous jury verdicts in state criminal cases.

False

T/F: The U.S. Supreme Court has that five-person juries are constitutional in criminal cases.

False

T/F: Under the Fifth Amendment, a defendant is entitled to an attorney during a plea bargaining

False

T/F: When a defendant pleads nolo contendere he/she is admitting guilt.

False

T/F: When bail is posted the person is kept under detention until such time as he or she can be brought before a magistrate

False

T/F: A grand jury hearing is required in all federal felony prosecutions

True

T/F: A guilty plea may be withdrawn if the prosecution fails to keep part of the plea bargain.

True

T/F: A jury verdict of acquittal terminates the case immediately and the defendant is set free

True

T/F: A plea bargain is the popular name given to the process in which a defendant agrees to plead guilty to an offense in exchange for a lower charge, a lower sentence, or other consideration

True

T/F: A plea bargain may allow a defendant to avoid publicity

True

T/F: A preliminary examination is not required when an indictment has been handed down prior to the preliminary hearing.

True

T/F: An attorney attempting to use a challenge for cause to dismiss a potential jurior must provide the court with an adequate reason.

True

T/F: If there is a conflict between state or federal law and the U.S. Constitution, the Constitution prevails.

True

T/F: Only a grand jury can issue an indictment.

True

T/F: The venire is the name for a group of prospective jurors.

True

Criminal procedures is basically similar from one jurisdiction to another, because it is mostly a product of a. decisions of the U.S. Supreme Court b. statutes adopted by the U.S. Congress c. administrative rules of the federal court system d. state constitutions are so similar

a. decisions of the U.S. Supreme Court

A preliminary hearing is usually held for what three main purposes? a. determination of probable cause, discovery, decision on "binding over". b. determination of probable cause, discovery, presentation of evidence. c. determination of guilt, discovery, decision on "binding over". d. determination of mental capacity, discovery, decision on "binding over"

a. determination of probable cause, discovery, decision on "binding over".

A plea of ________ has the same effect as a plea of guilty, except that it cannot be used against the defendant in a subsequent civil action involving the same event. a. nolo contendere b. not guilty be reason of insanity c. nolle prosequi d. prior jeopardy

a. nolo contendere

A citiation is a/an a. order commanding a person to appear in court at a specific date and answer certain charges b. writ directed to a peace officer requiring them to notify the person about pending charges c. process issued by the judge from the bench ordering that a person be taken into custody d. document similar to an arrest warrant

a. order commanding a person to appear in court at a specific date and answer certain charges

Twenty-three of the fifty states use _____ as the sole source of names for jury duty. a. The voter registration list b. telephone directories c. city directories d. census result

a. the voter registration

Most arrests in the U.S. are made ________. a. without a warrant b. without a capias c. with a warrant d. with a capias

a. without a warrant

Shortly after arrest, the person will be brought before a magistrate or judge to be given warnings and have bail set. This proceeding is called the: a. indictment, complaint, or information. b. initial appearance, presentment, or arraignment on the warrant. c. preventing detention, preliminary hearing, or examining trail. d. binding over, commitment or discharge hearing

b. initial appearance, presentment, or arraignment on the warrant.

Which of the following is not true regarding a motion for a mistrial? a. it is filed by the evidence b. usually alleges violations of the defendant's rights before or during the trial c. usually filed during the trial d. filed before defendant starts serving the sentence

b. usually alleges violations of the defendant's rights before or during the trial

A question that suggests to the witness the desired answer is known as a: a. cross-examination question b. peremptory question c. leading question d. question for cause

c. leading question

A grand jury hearing: a. is required in all states by the U.S. Constitution b. is required in all federal misdemeanors cases c. may result in an indictment if probable cause is shown d. may result in an information if probable cause as to a felony is shown

c. may result in an indictment if probable cause is shown

Most of the criminal procedures law in the U.S. Constitution is found in: a. the common law b. Article III c. the Bill of rights d. Article VI

c. the Bill of rights

The person who decides and imposes sentences in most states is: a. the judge or jury at the prosecutor's option b. a sentencing commission c. the judge d. the jury

c. the judge