Test Bank For Criminal Procedure: Law and Practice, 10th Edition

Name: Class: Date: Ch 2 Overview of the Criminal Justice Process True / False 1. A peremptory challenge requires justification. a. True b. False ANSWER: False 2. The Sixth Amendment requires unanimous jury verdicts in state criminal cases. a. True b. False ANSWER: False 3. A guilty plea may be withdrawn if the prosecution fails to keep part of the plea bargain. a. True b. False ANSWER: True 4. In most states, the only available pleas to a criminal charge are guilty or not guilty. a. True b. False ANSWER: False 5. When a defendant pleads nolo contendere he/she is admitting guilt. a. True b. False ANSWER: False 6. Only a grand jury can issue an indictment. a. True b. False ANSWER: True 7. A bench warrant is a process issued by the police. a. True b. False ANSWER: False 8. The venire is the name for a group of prospective jurors. a. True b. False ANSWER: True 9. The U.S. Supreme Court has held that five-person juries are constitutional in criminal cases. a. True b. False Copyright Cengage Learning. Powered by Cognero. Page 1 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process ANSWER: False 10. 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, fewer counts, a lower sentence, or other considerations. a. True b. False ANSWER: True 11. An attorney attempting to use a challenge for cause to dismiss a potential juror must provide the court with an adequate reason. a. True b. False ANSWER: True 12. A jury verdict of acquittal terminates the case immediately and the defendant is set free. a. True b. False ANSWER: True 13. If there is a conflict between state or federal law and the U.S. Constitution, the Constitution prevails. a. True b. False ANSWER: True 14. Under the Fifth Amendment, a defendant is entitled to an attorney during plea bargaining. a. True b. False ANSWER: False 15. Most cases that reach court are resolved by a jury trial. a. True b. False ANSWER: False 16. A plea bargain may allow a defendant to avoid publicity. a. True b. False ANSWER: True 17. When bail is posted the person is kept under detention until such time as he or she can be brought before a magistrate. a. True b. False ANSWER: False 18. A preliminary examination is not required when an indictment has been handed down prior to the preliminary hearing. Copyright Cengage Learning. Powered by Cognero. Page 2 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process a. True b. False ANSWER: True 19. If the magistrate does not find probable cause, the defendant is charged. a. True b. False ANSWER: False 20. A grand jury hearing is required in all federal felony prosecutions. a. True b. False ANSWER: True 21. Sentencing is the decision by the jury after deliberation in a criminal case. a. True b. False ANSWER: False 22. State law may exclude oral confessions unless they are also in writing or supported by other evidence. a. True b. False ANSWER: True 23. Habeas corpus is a writ directed to any person detaining another. a. True b. False ANSWER: True 24. Criminal procedure before trial begins with the filing of pretrial motions. a. True b. False ANSWER: False 25. In a bifurcated procedure, the guilt-innocence and sentencing are determined at the same time. a. True b. False ANSWER: False 26. In addition to the Bill of Rights, there are other sources of rights for the defendant, including state constitutions. a. True b. False ANSWER: True 27. After the arrest of a suspect by police, the next stage in criminal procedure is booking. Copyright Cengage Learning. Powered by Cognero. Page 3 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process a. True b. False ANSWER: True 28. Most states give the sentencing power in criminal cases to the judge. a. True b. False ANSWER: True 29. Release on Recognizance (ROR) means without monetary bail. a. True b. False ANSWER: True 30. An appeals court may affirm, reverse, or reverse and remand the decision of a lower court. a. True b. False ANSWER: True Multiple Choice 31. A citation issued by a court 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. ANSWER: a 32. Defendants are entitled to a lawyer at plea bargaining under the ________ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth ANSWER: c 33. 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. ANSWER: c 34. The document that leads to the issuance of an arrest warrant is a: a. citation. Copyright Cengage Learning. Powered by Cognero. Page 4 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process b. summons. c. certiorari. d. complaint. ANSWER: d 35. 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. ANSWER: d 36. The law of criminal procedure is similar in all jurisdictions because of: a. common law rules. b. U.S. Supreme Court decisions. c. state constitutions. d. administrative regulations. ANSWER: b 37. The procedure by which law enforcement officials record facts about the arrest together with information concerning the identification of the suspect and other pertinent facts is called: a. arraignment. b. booking. c. sequestration. d. preliminary hearing. ANSWER: b 38. 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 results ANSWER: a 39. Most arrests in the U.S. are made _________. a. without a warrant b. without a capias c. with a warrant d. with a capias ANSWER: a 40. Typically, the first thing that will happen after arrest is: a. preliminary hearing. b. booking. Copyright Cengage Learning. Powered by Cognero. Page 5 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process c. arraignment. d. indictment. ANSWER: b 41. 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. preventive detention, preliminary hearing, or examining trial. d. binding over, commitment or discharge hearing. ANSWER: b 42. 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.” ANSWER: a 43. A grand jury hearing: a. is required in all states by the U.S. Constitution. b. is required in all federal misdemeanor cases. c. may result in an indictment if probable cause is shown. d. may result in an information if reasonable suspicion is shown. ANSWER: c 44. 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. examining trial. ANSWER: b 45. A __________ occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor. a. plea of no contest b. nolle prosequi c. change of venue d. plea bargain ANSWER: d 46. A summons is a writ directed to a peace officer or other person commanding them to: a. take the person into custody. Copyright Cengage Learning. Powered by Cognero. Page 6 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process 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. ANSWER: d 47. 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. ANSWER: c 48. Rebuttal evidence or arguments by a party are designed to: a. support that party’s evidence or arguments. b. support the opposing party’s evidence or arguments. c. cast doubt on that party’s evidence or witnesses. d. cast doubt on the opposing party’s evidence or witnesses. ANSWER: d 49. With regard to closing arguments in most states, the a. defense goes first, then the prosecution. b. prosecution goes first, then the defense. c. defense goes first, then the prosecution, and then finally, the defense again. d. prosecution goes first, then the defense, and then finally, the prosecution again. ANSWER: d 50. 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 ANSWER: a 51. Which of the following is NOT included in jury instructions? a. The elements of the particular offense b. The requirement that each element be proved beyond a reasonable doubt c. The requirement that the defendant’s guilt be proved beyond a reasonable doubt d. The requirement that a jury must reach a guilty or innocent verdict. ANSWER: d 52. The written accusation prepared by a prosecutor is called a/an: a. capias. b. indictment. Copyright Cengage Learning. Powered by Cognero. Page 7 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process c. bill of attainder. d. information. ANSWER: d 53. Criminal procedure 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. ANSWER: a 54. Which of the following is NOT true regarding a motion for a mistrial? a. It is only filed by the defense. b. It usually alleges violations of the defendant’s rights before or during the trial. c. It is usually filed during the trial. d. It is filed before defendant starts serving the sentence. ANSWER: b 55. Most of the criminal procedure law in the U.S. Constitution is found in: a. the common law. b. Article III. c. the Bill of Rights. d. Article VI. ANSWER: c 56. The panel of potential jurors is reduced to the required number for a trial by the use of: a. additions and substitution. b. cause and peremptory challenges. c. venire and panel challenges. d. inclusion and exclusion challenges. ANSWER: b 57. A venire is a/an: a. assembled group of perspective jurors. b. group of empanelled jurors. c. procedure by which potential jurors are questioned. d. group of twelve persons selected to hear a case. ANSWER: a 58. A complaint is a charge made before a proper law enforcement or judicial officer alleging: a. the defendant is guilty. b. the defendant is innocent. c. a false accusation has occurred. d. a crime has been committed. Copyright Cengage Learning. Powered by Cognero. Page 8 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process ANSWER: d 59. The writ by which convicts challenge their convictions after exhausting all their appeals is: a. mandamus. b. habeas corpus. c. quo warranto. d. execution. ANSWER: b 60. Which of the following is not a possible jury verdict? a. Guilty b. Hung jury c. Guilty but mentally ill d. Not guilty because insane ANSWER: b 61. The number of arrests made without a warrant is: a. 100 percent. b. greater than 90 percent. c. less than 90 percent. d. 50 percent. ANSWER: b 62. Preliminary hearings are usually held for three main purposes. Which of the following is NOT one of those purposes? a. Determination of probable cause b. The discovery process regarding the prosecutions’ evidence c. Determination of bail d. Decision on “binding over” ANSWER: c 63. Of the three general pleas in modern criminal justice practice, which plea specifically protects a defendant in a civil trial? a. Innocent b. Guilty c. Not guilty d. Nolo contendere ANSWER: d 64. Which of the following cases is concerned with plea bargaining? a. United States v. Ruiz (2002) b. Santobello v. New York (1971) c. Neither of these cases is concerned with plea bargaining. d. Both of these cases are concerned with plea bargaining. ANSWER: d Copyright Cengage Learning. Powered by Cognero. Page 9 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process 65. A group of prospective jurors in known as a/an: a. voir dire. b. venire. c. complaint. d. flock. ANSWER: b 66. The dismissal of a juror based on reasons specified by the law is known as: a. peremptory challenge. b. reasonable challenge. c. challenge for reason. d. challenge for cause. ANSWER: d 67. The first examination of a witness is: a. cross-examination. b. direct examination. c. re-cross examination. d. re-direct examination. ANSWER: b 68. Evidence which tends to establish innocence is known as: a. incriminatory evidence. b. discriminatory evidence. c. exculpatory evidence. d. None of the answers are correct. ANSWER: c 69. A trial that is declared invalid before it is completed is known as a: a. mistrial. b. hung trial. c. hung jury. d. either a mistrial or hung trial. ANSWER: a 70. In most criminal cases, the parties—especially defense counsel—will ask the court that certain instructions be used. Which of the following options are available to the court with regard to these instructions? a. Refuse to give the instructions b. Modify the instructions c. Give the instructions d. All of the answers are correct. ANSWER: d Copyright Cengage Learning. Powered by Cognero. Page 10 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process Henry has been arrested for stealing a car belonging to the local highway department. He was found by the side of a local highway with a flat tire, trying to change the tire on the highway department car. He has been taken to the local police station, where he is waiting in the interrogation room for detectives to talk to him. 71. What changes to the Miranda requirements can the state constitution make? a. Not require the Miranda warning b. Allow the police to deny Henry access to his attorney c. Require that any oral confession also be in writing d. None of the answers are correct. ANSWER: c 72. The officer that arrested Henry on the highway did not read him his rights under the Miranda decision, and did not question him. a. The arrest is invalid, because the reading of Miranda is required immediately after all arrests. b. Any confession given to the detectives must now be in writing. c. Any confession given to the detectives must now be videotaped. d. If the detectives give the Miranda warning, and Henry says he understands his rights, any confession is lawfully obtained. ANSWER: d 73. If state law in the neighboring state requires that the interrogation be videotaped, what impact does that law have on this interrogation? a. Requires the interrogation be videotaped b. Requires any confession be in writing c. Has no impact d. Totally controls this interrogation ANSWER: c Toby has been arrested for robbery of a local convenience store, by an officer that pulled up in her patrol car, observed Toby run out of the store carrying a gun and a sack of something that jiggled. She drew her weapon, and yelled at him to stop. He stopped and dropped the weapon. She handcuffed Toby, talked to the store clerk, and called the sergeant on her radio. She then took him to the local police station. After preparing her written report, she drove to the county seat, talked to the prosecutor, and then appeared before the magistrate judge to obtain an arrest warrant. 74. What are the three time frames or stages of criminal procedure in this case? a. Before trial, during trial, after trial b. Before arrest, booking, interrogation c. Before booking, during booking, arraignment d. Jury selection, presentation of evidence, sentencing ANSWER: a 75. What is the next step involving the magistrate in this case? a. Grand jury b. Initial appearance c. Discovery d. Motion for change of venue Copyright Cengage Learning. Powered by Cognero. Page 11 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process ANSWER: b 76. What would be the purpose of a preliminary hearing in this case? a. Determine bail b. Determine admissibility of confession c. Accept plea of guilty d. Determination of probable cause ANSWER: d Sheila has been found guilty by a jury of the state crime of embezzlement for embezzling $20,000 from her employer– ABC Hardware. The judge has set a date one month in the future for sentencing. She has no prior criminal record, other than minor speeding and parking tickets. She was employed (prior to her arrest) full-time for ABC Hardware, and had worked there for ten years, the last two as the bookkeeper. She is married and has two children, one of whom was seriously injured in an accident while riding his bicycle. She and her husband have no health insurance. According to state law, the judge can sentence a defendant up to ten years (among others) in the department of corrections for this crime. 77. Which of the following is a possible sentence for the judge to impose? a. Ten years in the department of corrections b. Probation c. Five years in the department of corrections d. All of the answers are correct. ANSWER: d 78. If the state has a fixed sentencing structure of ten years for this crime, what may the judge do? a. Impose a sentence of thirty days, because she is a young mother b. Impose a sentence of ten years c. Impose a sentence of two years d. None of the answers are correct. ANSWER: b 79. During the month awaiting sentence, what may happen? a. A presentence investigation may be conducted b. A hearing on a motion for new trial c. A hearing on a motion for directed verdict d. All of the answers are correct. ANSWER: d 80. Once the judge sentences her, Sheila appeals. She loses her direct appeals. What process may Sheila use to challenge the legality of her confinement? a. Habeas corpus b. Quo warranto c. Writ of prohibition d. Injunction ANSWER: a Copyright Cengage Learning. Powered by Cognero. Page 12 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process Completion 81. In most states, a person who has been arrested, with or without a warrant, is required by law to be brought before a magistrate without ____________ delay. ANSWER: unnecessary 82. Denying bail or pretrial release to a defendant because they are dangerous is called ____________ detention. ANSWER: preventive 83. In addition to the Bill of Rights, there are other sources of rights for the defendant, including state constitutions and federal and state ____________. ANSWER: laws 84. A writ directed to a peace officer requiring that officer to notify a person that they are required to appear in court and answer a charge is called a ____________. ANSWER: summons 85. The ___________ warnings do not have to be given by the officer after an arrest unless the arrested person is interrogated and in custody. ANSWER: Miranda 86. A crime punishable by death or imprisonment of more than one year is called a ____________. ANSWER: felony 87. The process in which prospective jurors are questioned by the judge and/or lawyers to determine whether or not there are grounds for challenge is called ____________. ANSWER: voir dire 88. Release on recognizance means that an accused has been released without ANSWER: monetary bail. 89. The prosecution in a criminal case is required to prove the defendant’s guilt beyond a ____________ doubt. ANSWER: reasonable 90. If the magistrate does not find probable cause at the preliminary hearing/examining trial, the judge will order the ____________ of the defendant. ANSWER: discharge 91. An ________ plea is a guilty plea where the defendant still maintains innocence. ANSWER: Alford 92. A plea of nolo contendere literally means no ________. ANSWER: contest 93. A jury which cannot decide on a verdict is called a ________ jury. ANSWER: hung 94. The practice of keeping a jury together and in isolation during a trial is called ____________. Copyright Cengage Learning. Powered by Cognero. Page 13 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process ANSWER: sequestration 95. The _____________ is the judge or jury’s pronouncement of guilty or not guilty. ANSWER: verdict 96. A __________ is a charge made before a magistrate or judge alleging the commission of a criminal offense. ANSWER: complaint 97. A/an __________ is the taking of a person into custody for the purpose of criminal prosecution or interrogation. ANSWER: arrest 98. Both citations and summonses have the advantage of keeping a person out of __________ pending the hearing. ANSWER: jail 99. __________ consists of making an entry in the police blotter or arrest book indicating the suspect’s name, the time of arrest, and the offense involved. ANSWER: Booking 100. __________ is defined as the security required by the court and given by the accused to ensure that the accused appears before the proper court at a scheduled time and place to answer the charges brought against him or her. ANSWER: Bail 101. ____________ is the formal pronouncement of judgment by the court or judge on the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted. ANSWER: Sentencing 102. In addition to the Bill of Rights, there are other sources of rights for defendants, including state ____________. ANSWER: constitutions, statutes, or laws 103. The ____________ guarantees minimum rights that cannot be diminished by state law. ANSWER: Bill of Rights 104. Criminal procedure before trial begins with the filing of a ____________. ANSWER: complaint 105. __________ is a Latin term that literally means you should have the body. ANSWER: Habeas corpus 106. A ____________ procedure is when the guilt-innocence stage and sentencing stage are separate ANSWER: bifurcated 107. Criminal procedure is mostly a product of ___________ decisions. ANSWER: U.S. Supreme Court 108. _______________ is a procedure used by either party in a case to obtain information in the hands of the other party. ANSWER: Discovery Copyright Cengage Learning. Powered by Cognero. Page 14 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process 109. There are three purposes for a preliminary hearing: determination of probable cause, __________, and decision on binding over. ANSWER: discovery 110. Habeas corpus is often called the Great Writ of _____________. ANSWER: Liberty Essay 111. Discuss the three main purposes for which preliminary hearings are usually held. Which is the primary purpose? What does it accomplish? ANSWER: The three main purposes for which preliminary hearings are usually held are: determination of probable cause, discovery, and decision on binding over. Determination of probable cause is the primary purpose. It keeps unsupported charges of grave offenses from coming to trial and thereby protects people from harassment, needless expenditure, and damage to their reputations. 112. Define, compare, and contrast petit juries with grand juries. ANSWER: Petit (or trial) juries are for the purpose of determining guilt or innocence, and in some states determine punishment. Grand juries are for the purpose of returning indictments or conducting investigations of reported criminality. They differ in size and in how members are selected. Petit juries are created for one case, where grand juries may serve for a month or longer. 113. Define, compare, and contrast the two types of challenges to prospective jury members. ANSWER: The two types of challenges to prospective jury members are challenges for cause and peremptory challenges. Challenges for cause are to dismiss potential jurors based on causes specified by law. Peremptory challenges are to dismiss potential jurors for reasons that need not be stated. Causes vary from state to state, but are specified by statute and are unlimited in number. Peremptory challenges vary in number allowed. 114. Discuss the differences between an indictment and an information. What are the merits and downfalls of each? Which would you prefer if being charged in a criminal case? Why? ANSWER: An indictment is a written accusation of a crime filed by the grand jury. An information is a criminal charge filed by the prosecutor without the intervention of a grand jury. A grand jury is intended to serve as a buffer or referee between the government and the people who are charged with crimes. A grand jury meets in secret and the defendant has no right to present evidence. Most states provide that a prosecution by information may be commenced only after a preliminary examination and commitment by a magistrate. I would prefer the information, as I could have an attorney represent me and present evidence at a preliminary hearing. 115. Identify the five legal issues in plea bargaining enumerated in the text and provide an explanation for each issue. ANSWER: Answers may vary. The five legal issues in plea bargaining are: (1) Should a prosecutor’s promise to a defendant to induce a guilty plea be kept? (2) Is the defendant entitled to a lawyer during the plea bargaining process? (3) How much evidence should the prosecutors disclose in plea bargaining? (4) What constitutes an involuntary plea? (5) Should plea bargaining be prohibited by law? 116. Explain what an Alford plea is and why it is important. Copyright Cengage Learning. Powered by Cognero. Page 15 Name: Class: Date: Ch 2 Overview of the Criminal Justice Process ANSWER: An Alford plea is a plea in which the defendant claims innocence yet pleads guilty for other reasons. It is important because it allows a defendant to plead guilty knowing that if credited with the time he has already served in jail, he will immediately be set free. 117. Jury nullification occurs when a jury acquits the defendant or convicts the defendant of a lesser offense despite the evidence presented; in essence, the evidence and the verdict point in opposite directions. The Court held in United States v. Powell (469 U.S. 57 [1984]) that juries have the power to engage in jury nullification. Do you agree? Why or why not? ANSWER: Answers will vary. 118. What various forms can sentences take? Give an example of two of these forms that are not mutually exclusive. ANSWER: Sentences can take the form of a fine, community-based sanctions, probation, jail time (usually for misdemeanors), prison time (usually for felonies), and death. An example of two of these forms that are not mutually exclusive is when an offender is given jail and later released on probation. 119. What three things may an appeals court do to a lower court decision? What does each mean? ANSWER: An appeals court may affirm, reverse, or reverse and remand the decision of a lower court. When an appeals court affirms means that the decision of the lower court where the case came from is upheld. When an appeals court reverses means the decision of the lower court where the case came from is overthrown, vacated, or set aside. When an appeals court reverses and remands, it is less final than a reversal, and the lower court has the opportunity to hear further arguments and give another decision in the case. 120. What is habeas corpus and to whom is it usually directed? ANSWER: Habeas corpus is a writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detained in court and explain why detention should be continued. It is directed to a sheriff or prison warden. Copyright Cengage Learning. Powered by Cognero. Page 16