Exam 3

Question 1

What is the order of pretrial events?

Answer 1

Arrest
Decision to Charge
Charging Documents and Initial Appearance
Arraignment
Discovery and Pretrial Motions
Plea Bargaining negotiations and trial prep
Resolution or Trial

Question 2

Who does one appear in front of for an initial appearance for a felony charge?

Answer 2

Lower court judge (justice of the peace)

Question 3

When is a plea entered?

Answer 3

Arraignment

Question 4

What is an omnibus hearing?

Answer 4

Everything included, after not guilty plea but before trial date

Question 5

When is the right to a speedy trial most important?

Answer 5

When a defendant is in custody

Question 6

What is the standard for police to make an arrest?

Answer 6

Probable Cause

Question 7

What is a prosecutor’s greatest power?

Answer 7

Discretion: over who, what, and when to charge

Question 8

What is one of the motivations of prosecutors?

Answer 8

Likelihood of getting a conviction

Question 9

What is Brady?

Answer 9

Prosecutors must turn over evidence that will help defense

Question 10

What happened with the Duke Lacrosse team?

Answer 10

A false allegation and an overzealous prosecutor lead to a wrongful conviction

Question 11

What is the role of judges?

Answer 11

Preside over the courtroom

Question 12

What is the role of prosecutors?

Answer 12

Duty to the truth

Question 13

What is the rule of the grand jury under the 5th amendment?

Answer 13

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment of indictment of a grand jury

Question 14

What is the difference between a federal indictment and a state information?

Answer 14

Indictment is a federal check of the prosecutor

Information is filed directly by a prosecutor

Question 15

What happens before jailing?

Answer 15

Booking: paperwork, fingerprinting, etc.

Question 16

What occurs in justice court?

Answer 16

Reading of Rights, Assigning Counsel, Initial Appearance, Setting Bail

Question 17

What are the four pleas a defendant can enter?

Answer 17

Alford, No Contest, Not Guilty, Guilty

Question 18

What is the purpose of Discovery?

Answer 18

Exchange of evidence between prosecution and defense

Question 19

What are some pretrial motions?

Answer 19

Motion for dismissal of charges
Motion for a change of venue
Motion for discovery
Motion to suppress evidence
Motion for severance of defendants
Motion for a determination of competency

Question 20

Are all plea bargains accepted?

Answer 20

No, the judge can deny them.

Question 21

What is the sequence for trial proceedings?

Answer 21

Prosecution, then defense opening statements
Prosecution, then defense case-in-chief
Prosecution rests
Prosecution calls witnesses (direct and cross exam)
Defense calls witnesses (direct and cross exam)
Defense rests
Rebuttal, Jury Instructions, Closing arguments

Question 22

What is not allowed in opening statements?

Answer 22

Argumentative statements

Question 23

Who brings up presumption of innocence and proof beyond reasonable doubt?

Answer 23

Defense attorneys

Question 24

What is the rule of privileged communications?

Answer 24

Not admissible at trial

Question 25

What is every witness subject to?

Answer 25

Direct examination, Cross examinations, Redirect, Recross, judge can ask questions

Question 26

What is testimonial evidence?

Answer 26

Evidence provided by a witness

Question 27

What is Physical evidence?

Answer 27

Tangible Evidence

Question 28

What is Direct evidence?

Answer 28

By itself proves or disproves a fact at issue

Question 29

Can Direct evidence or circumstantial evidence lead to a conviction?

Answer 29

Yes, Either/or, or both.

Question 30

What is the chain of custody?

Answer 30

Record of who has accessed evidence and when

Question 31

What are the roles of the jury?

Answer 31

Deliberate and decide facts

Question 32

Is the death penalty in Montana?

Answer 32

Yes

Question 33

When must the decision of a capital case be decided?

Answer 33

Before trial

Question 34

What must be capitalized before the trial starts?

Answer 34

The jury

Question 35

What is appellate review limited to?

Answer 35

Questions of law, not of fact

Question 36

When are interlocutory appeals heard?

Answer 36

Before the final disposition of the case

Question 37

What powers does the judge have at sentencing?

Answer 37

Large amount of discretion, Defer imposition of sentence, Suspend Execution of sentence, Place reasonable restrictions or conditions

Question 38

What is the deferred imposition of sentence?

Answer 38

Probation, not sentenced to prisons, charge can be dismissed after probation is served, this can only occur once per individual

Question 39

What is suspended execution of sentence?

Answer 39

Probation in lieu of prison, remains on record, judge can give both probation and prison at the same time