CRJU- ch 8

8 August 2023
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question
Which of the following is a pretrial procedure?
answer
All of these- Bail Arraignment Plea negotiation
question
Research suggests that approximately ____ of defendants with no active status make bail.
answer
2/3
question
The ____ Amendment to the Constitution prohibits excessive bail.
answer
8th
question
Some scholars contend that bail is problematic because it:
answer
is discriminatory to the poor.
question
What did the Court establish in Stack v. Boyle?
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That if a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay under similar circumstance.
question
Which bail system requires the defendant to pay a percentage of the bond to a bonding agent who then posts the full bail amount?
answer
Surety bail system
question
What type of bail system allows the defendant to be released with no immediate requirement of payment but leaves him/her liable for the full bail amount if he/she fails to appear in court?
answer
Unsecured bond
question
Which of the following statements is false regarding bail issues?
answer
There is no racial or ethnic disparity in the bail process.
question
The ____ is the report of a grand jury investigation which usually includes recommendation of indictment.
answer
true bill
question
A(n) ____ is a charging document drawn up by a prosecutor in jurisdictions that do not use the grand jury system.
answer
information
question
What is another term for an indictment issued by a grand jury?
answer
True bill
question
The concept of the grand jury was incorporated in the ____ Amendment of the U.S. Constitution.
answer
5th
question
What procedure is often used as an alternative to the grand jury?
answer
The preliminary hearing
question
Which of the following is a common reason for a defendant to waive the preliminary hearing?
answer
all of these: He/she has already decided to plead guilty. He/she wants to speed up the criminal justice process. He/she hopes to avoid the negative publicity that might result from the hearing.
question
It is unlikely that plea bargaining will be eliminated in the future because it:
answer
eases the pressure of congested caseloads.
question
What state completely eliminated plea bargaining in 1975?
answer
Alaska
question
Which of the following is an advantage of diversion programs?
answer
all of these: The stigma of a criminal record is avoided. Rehabilitation services can be accessed while in the community. The justice system can reduce costs.
question
Which of the following statements is false regarding diversion programs?
answer
There is no court supervision of these programs.
question
If an individual is permitted a trial, who chooses whether it will be before a judge or a jury?
answer
Defendant
question
The _____ Amendment contains the confrontation clause.
answer
6th
question
The _____ Amendment guarantees the defendant the right to a jury trial.
answer
6th
question
Which of the following was the reason for the speedy trail guarantee according to the court?
answer
all of these: To improve the credibility of the trial To avoid extensive pretrial publicity and questionable conduct of officials To reduce the anxiety for the defendant awaiting trial
question
In what 1976 case did the court rule unconstitutional a trial judge's order prohibiting the press from reporting the confessions implicating the defendant in the crime?
answer
Nebraska Press Association v. Stuart
question
The defendant's right to an impartial trial and jury under the Fifth and Sixth Amendments often runs into direct conflict with the _____ Amendment's guarantee of the press and public access.
answer
First
question
The process of determining the appropriateness of jurors to sit on the jury is known as:
answer
voir dire
question
Which of the following is true of peremptory challenges during jury selection?
answer
They can be used to excuse jurors for no particular reason
question
The Batson doctrine holds that
answer
prosecutorial peremptory challenges based on race are unconstitutional
question
Which of the following is false regarding opening statements?
answer
Opening remarks are more effective in a bench trial than a jury trial
question
Which of the following is a reason for which a jury can nullify the facts and evidence of a case?
answer
all of these: The jury believes that the law is unjust The jury believes the punishment is excessive The jury believes the law is being unjustly applied
question
Bail can be used to punish an accused, and can be denied or revoked at the indulgence of the court.
answer
false
question
More than half of all violent criminals are released before trial.
answer
true
question
A nolo contendere (no contest) plea is essentially the same as a guilty plea.
answer
true
question
The grand jury has the power to act as an independent investigative body.
answer
true
question
Diversion programs allow a defendant to enter treatment instead of trial.
answer
true
question
The state can never order a defendant to take medication when s/he is ruled incompetent to stand trial.
answer
false
question
There is no set time that defines a speedy trial
answer
true
question
Most states impose qualifications, such as a high school education, on those called for jury service.
answer
false
question
Voir dire is when potential jurors are questioned by the prosecution and defense to determine if they can sit on the jury.
answer
true
question
In a criminal case, a preponderance of the evidence is sometimes enough to convict.
answer
false
question
At the ____________________, defendants are informed of the formal charges and asked to enter a plea.
answer
arraignment
question
A(n) ____________________ is a charging document drawn up by a prosecutor and submitted to a grand jury.
answer
information
question
The Eighth Amendment prohibits _______________.
answer
excessive bail
question
The concept of the grand jury was brought to the American colonies by early settlers and later incorporated into the __________ Amendment of the U.S. Constitution.
answer
5th
question
A ____________________ is the name given to the report of a grand jury investigation
answer
presentment
question
A ____________________ is issued if the grand jury fails to find that probable cause to prosecute exists.
answer
no bill
question
In about half the states, a ____________________ is used as an alternative to the grand jury.
answer
preliminary hearing
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A __________ is the dismissal of a prospective juror for unexplained, discretionary reasons.
answer
peremptory challenge
question
The _________ Amendment to the Constitution guarantees the right to a trial by jury.
answer
6th
question
If a verdict cannot be reached, the trial may result in a ________.
answer
hung jury