Question 1

Which of the following is a true statement about plea bargaining?

Accepted Answer

Plea bargaining allows defendants to negotiate a deal with the prosecution, often resulting in a lesser charge or reduced sentence, thus giving them some control over the outcome of their case.

Question 2

In felony cases, a defendant is prohibited from making a plea at the initial appearance because:

Accepted Answer

A magistrate's court does not have jurisdiction to decide felonies, so the defendant cannot enter a plea at the initial appearance.

Question 3

Which of the following is true of the preliminary hearing process?

Accepted Answer

A preliminary hearing is a proceeding to determine if there is enough evidence to require a trial. During this process, evidence such as a police report is typically presented.

Question 4

A difference between full criminal trials and grand jury proceedings is that:

Accepted Answer

In grand jury proceedings, jurors can request witnesses to be recalled, unlike in full criminal trials where the defense has the opportunity to cross-examine witnesses. Grand jury proceedings are typically closed to the public, and jurors are not allowed to speak to the media.

Question 5

Which of the following is the consequence of a jury being unable to reach a unanimous agreement on whether to acquit or convict a defendant?

Accepted Answer

A hung jury is a jury that is unable to reach a unanimous agreement on whether to acquit or convict a defendant.

Question 6

Which of the following is true of bail?

Accepted Answer

The primary responsibility to set bail in felony cases lies with the judge, who considers factors such as the severity of the offense and the defendant's flight risk.

Question 7

Despite the large number of defendants who eventually plead guilty, the plea of not guilty is fairly common at an arraignment. Generally, a not guilty plea in the face of strong evidence is part of a strategy to:

Accepted Answer

A not guilty plea can be used as a strategy to negotiate a more favorable plea bargain, as it may pressure the prosecution to offer a better deal to avoid the time and expense of a trial.

Question 8

Which of the following best describes a bench trial?

Accepted Answer

A bench trial is conducted without a jury, where the judge alone makes the determination of the defendant's guilt or innocence.

Question 9

A way in which due process requirements are satisfied by criminal procedure law is by:

Accepted Answer

An arraignment is a criminal procedure that satisfies due process requirements by informing the defendant of the charges against them and their rights.

Question 10

Louisa has been arrested for a felony. Her bail is set at $100,000. She does not have sufficient funds to post bail. A businessman agrees to post bail on her behalf if she pays him ten percent of the bail amount and adds her car as security. In this scenario, the businessman is a _____.

Accepted Answer

A bail bond agent is someone who provides bail money for defendants in exchange for a fee, typically 10% of the bail amount, and may require collateral such as a car.

Question 11

Which of the following is true of the statute of limitations?

Accepted Answer

The statute of limitations does not apply to prosecutions for murder, meaning there is no time limit for bringing charges in murder cases.

Question 12

The most important factor in deciding whether to prosecute is:

Accepted Answer

Sufficient evidence for conviction is crucial as it determines the likelihood of a successful prosecution, making it the most important factor.

Question 13

Which of the following is a similarity between an indictment and an information in a preliminary hearing?

Accepted Answer

Both an indictment and an information serve as the formal charge against the defendant, initiating the criminal proceedings.

Question 14

Most prosecutors have a screening process for deciding when to prosecute and when to "noll." Which of the following is a factor employed in this process?

Accepted Answer

Offense seriousness is a factor employed in the screening process for deciding when to prosecute and when to "noll."

Question 15

About half of the adult felony cases that police bring to prosecutors are dismissed through a _____.

Accepted Answer

"Nolle prosequi" is a legal term used when a prosecutor decides to discontinue a case, leading to its dismissal.

Question 16

A(n) _____ refers to a court proceeding in which a suspect is formally charged with the criminal offense stated in the indictment.

Accepted Answer

An arraignment is the court proceeding where a suspect is formally charged with a criminal offense as stated in the indictment.

Question 17

During the _____, the defendant appears before a judge or magistrate who decides whether the evidence presented is sufficient for the case to proceed to trial.

Accepted Answer

A preliminary hearing is where a judge or magistrate determines if there is enough evidence for the case to go to trial.

Question 18

Which of the following is a purpose served by the vagueness of the Eighth Amendment's requirement that "excessive bail shall not be required"?

Accepted Answer

The answer of Which of the following is a purpose...

Question 19

_____ is the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial.

Accepted Answer

Preventive detention refers to holding an accused person in custody because of concerns that they might commit a crime if released before their trial.

Question 20

​ The _____ gives a defendant the right not to testify at his or her own trial.

Accepted Answer

The answer of ​ The _____ gives a defendant the...

Quiz 8: Pretrial Procedures and the Criminal Trial