CJ227 Criminal Procedure - Unit 4

Some believe that the term bail is from the Old French word meaning:

"To deliver"

The primary purpose of a grand jury is to:

Determine whether there are sufficient facts to hold the accused for trial

Which of the statements below is correct regarding the preliminary hearing?

Many states use a preliminary hearing in lieu of a grand jury

The right of an initial appearance is included in ________ and in the laws of the states.

The federal rules of procedure

An arrested person must be taken before a magistrate:

Without unnecessary delay

Which of the following factors are NOT considered by judges in setting bail amounts?

a) Seriousness of the offense charged b) Weight of the evidence against the defendant c) Any history of failure to appear (D) All of the above are factors considered.

Which of the statements below is correct concerning a grand jury?

a) The accused has a right to be present when the grand jury is hearing evidence. b) Persons serving on a grand jury must be at least 25 years old. c) Grand juries were first used in France. d) Grand juries may require an accused to answer any questions. (E) None of the above statements are correct.

In the past, a few jurisdictions held that bail may be denied to an arrested person if his or her release on bail would cause a danger to the public. This policy is based upon an interpretation of the ________ Amendment.

8th

The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required.

8th

In many jurisdictions the initial and first appearance before a judge where the state reads the official charges, called an information or indictment, against the defendant is referred to as the:

Arraignment

To establish uniformity in the amounts of bail required, many jurisdictions use:

Bail schedules

If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:

Binds the defendant over the trial

Whether the accused was arrested by a private person or by an officer, he or she must be taken before a(n):

Magistrate

A few states have adopted the ________ rule of excluding a confession obtained during a delay in arraignment.

McNabb

Many states hold that a public officer who willfully delays bringing a defendant before a magistrate for the arraignment is guilty of a:

Misdemeanor

Today, judges in many states will release an accused on his or her own recognizance:

On either felony or misdemeanor charges.

If the defendant enters a plea of guilty, the trial judge may:

Refuse to accept the plea

Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing?

The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial.

Which of the statements below is correct regarding bail?

The original purpose of bail was to ensure the accused's presence at trial

The phrase "exoneration of bail" means:

The property or money is returned to the surety

Which of the statements below is or are correct regarding a complaint?

a) It contains the charge(s) against the accused. b) It is a comparatively simple document. c) It is often referred to as an accusatory pleading. (D) All of the above statements are correct.

An indictment serves which of the following purposes?

a) It informs the grand jury of the charge about which they will receive evidence during the hearing. b) The indictment may be used as a basis for a judge to issue a warrant of arrest. c) It is an accusatory pleading that sets the trial in motion. (D) All of the above statements are correct.