Chapter 2 pt. 1

Question 1

_________ ___________ is the process followed by the police and the courts in the apprehension and punishment of criminals

Answer 1

criminal procedure

Question 2

criminal procedure= ____________ ______

criminal procedure= process criminal law= substance

Answer 2

prescribed rules

Question 3

criminal procedure= prescribed rules

criminal procedure= process criminal law= _________

Answer 3

substance

Question 4

criminal procedure= _______ _______ ____ = substance

Answer 4

process criminal law

Question 5

________ _____ differ in detail and terminology from one state to another, but __________ ___________ is very similar from jurisdiction to another

Answer 5

criminal law

criminal procedure

Question 6

In additino to the Bill of Rights, there are other sources of rights for the defendant:

Answer 6

1) state constitutions
2) federal and state laws
3) case law
4) court rules
5) rules prescribed by agencies

Question 7

What are the 3 stages of the criminal justice process?

Answer 7

1) before trial
2) during trial
3) after trial

Question 8

The “before trial” phase of the criminal justice process, triggered by an _______ or __________

Answer 8

arrest

complaint

Question 9

The “during trial” phase of the criminal justice process, begins with _____ ________ and ends with ____ _______

Answer 9

jury selection

jury verdict

Question 10

A summary of the pretrial and trial stages:

1)
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict

Answer 10

1) defendant arrested; complaint filed

Question 11

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2)
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict

Answer 11

2) preliminary hearing

Question 12

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2) preliminary hearing
3)
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict

Answer 12

3) grand jury returns indictment

Question 13

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4)
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14)
15) verdict

Answer 13

4) discovery proceddings

14) deliberations

Question 14

A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed 
2) preliminary hearing 
3) grand jury returns indictment 
4) discovery proceddings
5) 
6) trial 
7) opening statments 
8) government's/ prosecutor's case 
9) presentation of evidence 
10) defendant's case 
11) government's rebuttal case 
12) closing arguments 
13) jury instructed
14) deliberations 
15)

Answer 14

5) motions filed

15) verdict

Question 15

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9)
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict

Answer 15

9) presentation of evidence

Question 16

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8)
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict

Answer 16

8) government’s/ prosecutor’s case

Question 17

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10)
11) government’s rebuttal case
12)
13) jury instructed
14) deliberations
15) verdict

Answer 17

10) defendant’s case

12) closing arguments

Question 18

A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed 
2) preliminary hearing 
3) grand jury returns indictment 
4) discovery proceddings
5) motions filed 
6) trial 
7) 
8) government's/ prosecutor's case 
9) presentation of evidence 
10) defendant's case 
11) government's rebuttal case 
12) closing arguments 
13)
14) deliberations 
15) verdict

Answer 18

7) opening statments

13) jury instructed

Question 19

A summary of the pretrial and trial stages:

1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6)
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11)
12) closing arguments
13) jury instructed
14) deliberations
15) verdict

Answer 19

6) trial

11) government’s rebuttal case

Question 20

__________ a charge made before a law enforcement or judicial officer alleging the commission of a criminal offense

Answer 20

complaint

Question 21

______, the taking of a person into custody for the purpose of criminal prosecution or interrogation

Answer 21

arrest

Question 22

What are the 2 kinds of arrests?

Answer 22

1) arrest with a warrant

2) arrest without a warrant

Question 23

A majority of arrests are arrests, with or without a warrant?

Answer 23

without a warrant

Question 24

________ is an order issued by a court or law enforcemenet officer requiring a person to appear in court at a specified date answer certain charges

Answer 24

Citation

Question 25

A ________ is a writ directed to the sheriff or other officer requiring the officer to notify a person that they must appear in court on a day named answer the complaint

Answer 25

summons

Question 26

What are the advantages of citations and summons?

Answer 26

1) keeping a person out of jail pending the hearing

2) officers save time on paperwork

Question 27

A _______ ________ is a process issued by the court for the attachment or arrest of a person

Answer 27

bench warrant

Question 28

A bench warrant is known as the “________ ______ ___ ____ _____”; “from the bench”

Answer 28

“process issued by the court itself”

Question 29

________, making an entry in the police blotter indicating a suspect’s name, the time of arrest, and the offense involved

Answer 29

booking

Question 30

The initial appearance before a magistrate is known as __________, or ___________ on the warrant

Answer 30

presentment

arraignment

Question 31

Most states issue a meeting with a magistrate “________ _________ _____”

Answer 31

without unnessary delay

Question 32

_________ _________, the warnings about the rights against self-incrimination and the rights to counsel that must be given to a person who is under custodial interrogation

Answer 32

Miranda Warnings

Question 33

The Miranda Warnings go as follows:

1)
2) Anything you say can be used against you in a court of law
3) You have a right to the presence of an attorney
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5) You have the right to terminiate this interview at any time

Answer 33

1) You have a right to remains silent

Question 34

The Miranda Warnings go as follows:

1) You have a right to remains silent
2)
3) You have a right to the presence of an attorney
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5) You have the right to terminiate this interview at any time

Answer 34

2) Anything you say can be used against you in a court of law

Question 35

The Miranda Warnings go as follows:

1) You have a right to remains silent
2) Anything you say can be used against you in a court of law
3)
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5) You have the right to terminiate this interview at any time

Answer 35

3) You have a right to the presence of an attorney

Question 36

The Miranda Warnings go as follows:

1) You have a right to remains silent
2) Anything you say can be used against you in a court of law
3) You have a right to the presence of an attorney
4)
5) You have the right to terminiate this interview at any time

Answer 36

4) If you cannot afford an attorney, one will be appointed for your prior to questioning

Question 37

The Miranda Warnings go as follows:
1) You have a right to remains silent
2) Anything you say can be used against you in a court of law
3) You have a right to the presence of an attorney
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5)

Answer 37

5) You have the right to terminiate this interview at any time

Question 38

The Miranda Warnings are only required if someone is in ______ and police wish to _________ that person

Answer 38

custody

interrogate

Question 39

_____ is the security required by the court and givern by the accused to ensure the accused in court at a specific time

Answer 39

bail

Question 40

Bail has also been used as a form of __________ _________

Answer 40

preventive detention

Question 41

___________ _________ is detaining a person in jail without bail with the purpose of preventing them from committing aadditional crimes

Answer 41

preventive detention

Question 42

What are the various types of bail?

Answer 42

1) cash bail bond
2) release on recognizance (RoR)
3) citation release
4) property bond

Question 43

Which type of bond is this:

the release of a person without monetary bail

Answer 43

release on recognizance (RoR)

Question 44

Which type of bond is this:
no monetary amount is either pledged or given to the court, but the arrested person must appear in court at an appointed data

Answer 44

citation release

Question 45

Which type of bond is this:

involves the defendant or anybody pledging real property up to at least the amount of the bail

Answer 45

property bond

Question 46

__________ ________ is a hearing held before a judge or magistrate within a reasonably short time after arrest

Answer 46

preliminary hearing

Question 47

The preliminary hearing is also known as __________ __________ or ___________ _____

Answer 47

preliminary examination

examining trial

Question 48

A preliminary hearing is usually held for what 3 reasons?

Answer 48

1) determinatino of probable cause
2) discovery
3) decision on binding over

Question 49

________, is the procedure used in a case to obtain information from the other party

Answer 49

discovery

Question 50

_____________ _________, tends to establish the defendant did not commit the crime charged

Answer 50

exculpatory evidence