Chapter 2 pt. 2

Question 1

When is a preliminary examination not required?

Answer 1

1) when an indictment has been handed down prior to the preliminary hearing
2) if the grand jury has previously returned an indictment
3) when a misdemeanor is involved
4) When there is a waiver of the preliminary hearing
5) As a result of any of three actions in federal cases

Question 2

After the preliminary hearing, the magistrate may take any of the following actions?

Answer 2

1) hold the defendant to answer
2) discharge the defendant
3) reduce the charge

Question 3

The more serious an offense the less _________

Answer 3

discretion

Question 4

What is Nolle prosequi motion?

Answer 4

a motion seeking dismissal of charges

Question 5

What is an indictment?

Answer 5

a written accusation of a crime filed by the grand jury

Question 6

__________, a criminal charge filed by the prosecutor without the intervention of a grand jury

Answer 6

Information

Question 7

_____ _____, a jury that usually determine’s whether a person should be charged with an offense

Answer 7

grand jury

Question 8

A ____ ___ __________ a written accusation of a crime submitted to the grand jury by the prosecutor

Answer 8

bill of indictment

Question 9

___________- The appearance of an accussed in court where he or she is informed of the chrages and asked to plead

Answer 9

arraignment

Question 10

When it comes to an ___________, the accused presence is usually required, unless in minor offenses

Answer 10

arraignment

Question 11

What is a capias?

Answer 11

a warrant issued by the court for an officer to take a defendant into custody

Question 12

In some jurisdictions, the ___________ is also the first time an accused is asked whether or not he or she is guilty of the offense charged

Answer 12

arriagnement

Question 13

In federal courts, the arraignment consists of:
1) ensurring that the defendant has a copy of the indictment or information
2) reading the indictment or information to the defendant the the substance of the charge
3)

Answer 13

3) asking the defendant to plead to the indictment or information

Question 14

In federal courts, the arraignment consists of:

1)
2) reading the indictment or information to the defendant the the substance of the charge
3) asking the defendant to plead to the indictment or information

Answer 14

1) ensurring that the defendant has a copy of the indictment or information

Question 15

In federal courts, the arraignment consists of:

1) ensurring that the defendant has a copy of the indictment or information
2)
3) asking the defendant to plead to the indictment or information

Answer 15

2) reading the indictment or information to the defendant the the substance of the charge

Question 16

_____, an accussed’s response in court to the indictment or information

Answer 16

plea

Question 17

What are the 3 different types of pleas?

Answer 17

1) Nolo Contendere Plea
2) A Plea of Not Guilty
3) A Plea of Guilty

Question 18

What is a Nolo Contendere Plea?

Answer 18

a plea of “no contest”

Question 19

The _____ _________ _____ cannot be used as an admission of any subsequent civil proceeding arising out of the same offense

Answer 19

Nolo Contendere Plea

Question 20

Nolo Contendere Pleas are mostly used for misdemeanors or felonies?

Answer 20

misdemeanors

Question 21

A Nolo Contendere Plea can be made only with the consent of the __________ or with the approval of the _____

Answer 21

prosecution

court

Question 22

________ ____, when the accussed refused to enter a plea.

Answer 22

standing mute

Question 23

When a standing mute is initiated, what will the court do?

Answer 23

enter a not guilty plea on behalf of the accused

Question 24

The defense lawyer often files what type of written motions with the court?

Answer 24

1) a motion to suppress

2) motion for a change of venue

Question 25

A standing mute plea is what type of plea; Nolo Contendere Plea, A Plea of Not Guilty, or A Plea of Guilty?

Answer 25

A Plea of Not Guilty

Question 26

When is a motion to suppress initiated by a defense lawyer?

Answer 26

evidence that allegedly was illegally seized

Question 27

_______ ____, is a plea in which the defendant claims innocence yet pleads guilty for other reasons

Answer 27

Alford plea

Question 28

An Alford plea is what type of plea; Nolo Contendere Plea, A Plea of Not Guilty, or A Plea of Guilty?

Answer 28

A Plea of Guilty

Question 29

Federal courts allow a defendant to withdraw a guilty or nolo contendere plea in 2 situations:

Answer 29

1) before the court accepts the plea, for any reason or no reason
2) after the court accepts the plea, but before it imposes sentence if the court rejects a plea agreement, or the defendant can show a fair or just reason fo requesting the withdrawal

Question 30

What is a plea bargain?

Answer 30

a defendant agrees to plead guilty in exchange for a lower charge, a lower sentence, or other considerations

Question 31

What are 3 forms of plea bargaining?

Answer 31

1) an arrangement where the defendant and prosecutor agree that the defendant should be permitted to plead guilty to a charge less serious than is supported by the evidence
2) an agreement whereby the defendant pleads “on the nose”, in exchange for some kind of a promise from the prosecutor about the sentence
3) an arrangement where the defendant pleads guilty in exchnage where charges are dropped or not filed

Question 32

What are 4 practical reasons for plea bargains?

Answer 32

1) defendants can avoid the time and cost of defending themselves at trial, the trisk of harsher punsihment, and the publicity a trial could involve
2) the prosecution saves the time and expense of a lenghty trial
3) both sides are spared the uncertainty of going to trial
4) the court system is saved the burden of conducting a trial on every crime

Question 33

Legal issues in plea bargains:
1) 
2) 
3) 
4) 
5)

Answer 33

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 prosecutor disclose in plea bargaining?
4) What constitutes an involuntary plea?
5) Should plea bargaining be prohibited by law?

Question 34

_______- a group of prospective jurors assembled according to procedures established by law

Answer 34

venire

Question 35

True or False: Jurors’ names are always made public

Answer 35

False; Jurors’ names are usually made public, but some states allow anonymity

Question 36

_____ _____, is a process in which prospective jurors’ are questioned to determine whether the are grounds for challenge

Answer 36

Voir Dire

Question 37

What are the 2 types of challenges to prospective jury members?

Answer 37

1) Challenge for Cause

2) Peremptory Challenge

Question 38

The __________ ___ ______, is a challenge for the dismissal of a juror based on causes specified by law

Answer 38

Challenge for Cause

Question 39

What are the typical challenges for cause?

Answer 39

1) not a qualified voter in the state or country
2) under indictment for or has been convicted of a felony
3) is insane
4) prospective witness for either party in the case
5) served on the grand jury that handed down the indictment
6) has already formed an opinion on the case
7) biased for or against the defendant

Question 40

__________ __________, is the dismissal of a prospective juror for reasons that need not be stated

Answer 40

Peremptory Challenge

Question 41

The more serious the offense, the more _________ ________ may be allowed

Answer 41

peremptory challenge

Question 42

Is this a grand jury or trial jury (petit jury):

16-23 members with 12 votes required for an indictment

Answer 42

Grand Jury

Question 43

Is this a grand jury or trial jury (petit jury):

choice usually determined by state laws

Answer 43

Grand Jury

Question 44

Is this a grand jury or trial jury (petit jury):

doesn’t determine guilt

Answer 44

Grand Jury

Question 45

Is this a grand jury or trial jury (petit jury):

retains the same membership 1 month-1 year

Answer 45

Grand Jury

Question 46

Is this a grand jury or trial jury (petit jury):

hands downs indictments based on probable cause

Answer 46

Grand Jury

Question 47

Is this a grand jury or trial jury (petit jury):

may initiate investigations of misconduct

Answer 47

Grand Jury

Question 48

Is this a grand jury or trial jury (petit jury):

12 members, with a unanimous vote

Answer 48

Trial Jury (petit jury)

Question 49

Is this a grand jury or trial jury (petit jury):

usually chosen from voter registration list and driver’s license rolls, with jury of peers a considertion

Answer 49

Trial Jury (petit jury)

Question 50

Is this a grand jury or trial jury (petit jury):

a different jury for every case

Answer 50

Trial Jury (petit jury)

Question 51

Is this a grand jury or trial jury (petit jury):

convicts on the basis of proof of guilt beyond a reasonable doubt

Answer 51

Trial Jury (petit jury)

Question 52

Is this a grand jury or trial jury (petit jury):

cannot initiate investigations of misconduct

Answer 52

Trial Jury (petit jury)