CRIM Chapter 9

All of the following are examples of hearsay evidence EXCEPT

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

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

14th

The Sixth Amendment to the Constitution affords all of the following rights EXCEPT:

the right to be free from unreasonable searches and seizures.

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.

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

the information

A grand jury is composed of ________ members.

12-23

The criminal justice process:

is long and complicated

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

1. The defendant could receive a reduction of charges. 2. The defendant could receive a reduction in sentence. 3. The defendant could receive a conviction for a misdemeanor and not a felony.

The entitlement to a grand jury is guaranteed under the ________ Amendment.

5th

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

5th

Which constitutional amendments contain the due process clause?

5th and 14th

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

8th

What percentage of cases are handled through plea bargaining?

95%

Who has the right to counsel?

A defendant facing a six-month jail sentence for a misdemeanor

Who has the right to a jury trial?

A defendant in a misdemeanor criminal case who is facing nine months in jail

which of the following situations would an individual have Sixth Amendment protections?

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

How are members of a grand jury usually selected?

From voter lists

Which of the following statements 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 suspects because their crime are serious crimes.

How does being free on bail help an accused individual?

It allows the individual to put his personal affairs in order before facing trial; It allows the individual to stay out of jail; It allows the individual to work more closely with his defense counsel by putting together evidence and witnesses.

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.

Which of the following 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.

Which of the following is NOT part of a grand jury hearing?

The defendant can call her own 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.

Which of the following statements 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.

Which of the following statement is true about preliminary hearings?

The judge presides over the hearing

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.

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

The prosecutor can later bring the same charges with new evidence; The case is dismissed; The prosecutor can bring another complaint against the defendant containing different charges.

Which of the following is true of grand jury hearings?

They are closed to the press.

Which of the following statements is FALSE about preliminary hearings?

They increase the number of unnecessary trials and thus the courts' caseload.

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

a preponderance of evidence

Which of the following does NOT occur during a suspect's booking?

a suspect is interrogated

Which of the following states banned plea bargaining in 1975?

alaska

A(n) ________ is a hearing before a judge or magistrate during which the complaint is formally read.

arraignment

A criminal case typically begins with a(n):

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

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

A preliminary hearing is held to:

determine if there is a probable cause to take the defendant to 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

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

due process clause

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

federal felony cases

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

gideon v. wainwright

The two 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

If the grand jury finds that probable cause exists, it issues a(n):

indictment

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(n) ________ is a defendant's formal denial or admission of guilt.

plea

Ninety-five percent of criminal cases are settled by:

plea bargaining

Sally is on trial for drug trafficking. She was never 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 911 operator

Who must ensure that a plea bargain is voluntary?

the judge

According to a 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

How is there a disparity in granting bail?

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

Which of the following statements is FALSE about the process of preparing for a criminal case?

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