Criminal Procedure Law and Practice.docx

Criminal Procedure Law and Practice MULTIPLE CHOICE 1. A citation is a/an: a. order commanding a person to appear in court at a specific date and answer certain charges b. writ directed to a peace officer requiring them to notify the person about pending charges c. process issued by the judge from the bench ordering that a person be taken into custody d. document similar to an arrest warrant ANS: A 2. Defendants are entitled to a lawyer at plea bargaining under the ________ Amendment. a. Fourth b. Fifth c. Sixth d. Eighth ANS: C 3. The person who decides and imposes sentences in most states is: a. the judge or jury at the prosecutor’s option d. a sentencing commission c. the judge d. the jury ANS: C 4. The document that leads to the issuance of an arrest warrant is a: a. citation b. summons c. certiorari d. complaint ANS: D 5. In the great majority of cases, the criminal justice process is triggered against a suspect by: a. indictment b. information c. capias d. arrest without a warrant ANS: D 6. The law of criminal procedure is similar in all jurisdictions because of: a. common law rules b. U.S. Supreme Court decisions c. state constitutions d. administrative regulations ANS: B 7. The process by which personal and identifying information is gathered by police from a person who has been arrested is called: a. arraignment b. booking c. sequestration d. preliminary hearing ANS: B 8. Twenty-three of the fifty states use __________ as the sole source of names for jury duty. a. the voter registration list b. telephone directories c. city directories d. census results ANS: A 9. Most arrests in the U.S. are made _________. a. without a warrant b. without a capias c. with a warrant d. with a capias ANS: A 10. Typically, the first thing that will happen after arrest is: a. preliminary hearing b. booking c. arraignment d. indictment ANS: B REF: p. 37 11. Shortly after arrest, the person will be brought before a magistrate or judge to be given warnings and have bail set. This proceeding is called the: a. indictment, complaint, or information b. initial appearance, presentment, or arraignment on the warrant c. preventive detention, preliminary hearing, or examining trial d. binding over, commitment or discharge hearing ANS: B REF: p. 37 12. A preliminary hearing is usually held for what three main purposes? a. determination of probable cause, discovery, decision on “binding over.” b. determination of probable cause, discovery, presentation of evidence.” c. determination of guilt, discovery, decision on “binding over.” d. determination of mental capacity, discovery, decision on “binding over.” ANS: A REF: p. 40 13. A grand jury hearing: a. is required in all states by the U.S. Constitution b. is required in all federal misdemeanor cases c. may result in an indictment if probable cause is shown d. may result in an information if probable cause as to a felony is shown ANS: C REF: pp. 43|44 14. The formal court proceeding in felony cases where the defendant is officially notified of the charges and asked to enter a plea is called a/an: a. preliminary hearing b. arraignment c. bail hearing d. examining trial ANS: B 15. A __________ occurs when the defendant agrees to plead guilty in return for promises or concessions from the prosecutor. a. plea of no contest b. nolle prosequi c. change of venue plea bargain ANS: D 16. A summons is a writ directed to a peace officer or other person commanding them to: a. take the person into custody b. seize the person’s property because the property is evidence of a crime c. issue a citation to the person d. notify the person that they must appear in court to answer charges ANS: D REF: p. 35 17. A question that suggests to the witness the desired answer is known as a: a. cross-examination question b. peremptory question c. leading question d. question for cause ANS: C REF: p. 53 18. Rebuttal evidence or arguments by a party are designed to: a. support that party’s evidence or arguments b. support the opposing party’s evidence or arguments c. cast doubt on that party’s evidence or witnesses d. cast doubt on the opposing party’s evidence or witnesses ANS: D 19. With regard to closing arguments in most states, a. the defense goes first, then the prosecution b. the prosecution goes first, then the defense c. the defense goes first, then the prosecution, and then finally, the defense again d. the prosecution goes first, then the defense, and then finally, the prosecution again ANS: D 20. A plea of _______ has the same effect as a plea of guilty, except that it cannot be used against the defendant in a subsequent civil action involving the same event. a. nolo contendere b. not guilty be reason of insanity c. nolle prosequi d. prior jeopardy ANS: A REF: p. 45 21. Which of the following are included in jury instructions? a. the elements of the particular offense b. the requirement that each element be proved beyond a reasonable doubt c. the requirement that the defendant’s guilt be proved beyond a reasonable doubt d. all of these ANS: D REF: p. 56 22. The written accusation prepared by a prosecutor is called a/an: a. capias b. indictment c. bill of attainder d. information ANS: D 23. Criminal procedure is basically similar from one jurisdiction to another, because it is mostly a product of a. decisions of the U.S. Supreme Court b. statutes adopted by the U.S. Congress c. administrative rules of the federal court system d. state constitutions are so similar ANS: A REF: p. 33 24. Which of the following is not true regarding a motion for a mistrial? a. it is filed by the defense b. usually alleges violations of the defendant’s rights before or during the trial c. usually filed during the trial d. filed before defendant starts serving the sentence ANS: B REF: p. 55 25. Most of the criminal procedure law in the U.S. Constitution is found in: a. the common law b. Article III c. the Bill of Rights d. Article VI ANS: C REF: p. 33 26. The panel of potential jurors is reduced to the required number for a trial by the use of : a. additions and substitution b. cause and peremptory challenges c. venire and panel challenges d. inclusion and exclusion challenges ANS: B REF: p. 52 27. A venire is a/an: a. assembled group of perspective jurors b. group of empanelled jurors c. procedure by which potential jurors are questioned group of twelve persons selected to hear a case ANS: A REF: p. 50 28. A complaint is a charge made before a proper law enforcement or judicial officer alleging: a. the defendant is guilty b. the defendant is innocent c. a false accusation has occurred d. a crime has been committed ANS: D REF: p. 34 29. The writ by which convicts challenge their convictions after exhausting all their appeals is: a. mandamus b. habeas corpus c. quo warranto d. execution ANS: B 30. Which of the following is not a source of rights for defendants? a. state constitutions b. the Bill of Rights c. case law d. judicial discretion ANS: D REF: p. 33 31. The number of arrests made without a warrant is: a. 100 percent b. greater than 90 percent c. less than 90 percent d. 50 percent ANS: B REF: p. 35 32. Preliminary hearings are usually held for three main purposes. Which of the following is not one of those purposes? a. determination of probable cause b. discovery c. determination of bail d. decision on “binding over” ANS: C REF: p. 41 33. Of the three general pleas in modern criminal justice practice, which plea specifically protects a defendant in a civil trial? a. innocent b. guilty c. not guilty d. nolo contendere ANS: D REF: p. 45 34. Which of the following cases is concerned with plea bargaining? a. United States v. Ruiz (2002) b. Santobello v. New York (1971) c. Neither of these cases is concerned with plea bargaining d. Both of these cases are concerned with plea bargaining. ANS: D REF: p.48 35. A group of prospective jurors in known as a/an: a. voir dire b. venire c. complaint d. flock ANS: B REF: p.50 36. The dismissal of a juror based on reasons specified by the law is known as: a. peremptory challenge b. reasonable challenge c. challenge for reason d. challenge for cause ANS: D REF: p.52 37. The first examination of a witness is: a. cross-examination b. direct examination c. re-cross examination d. re-direct examination ANS: B REF: p. 53 38. Evidence which tends to establish innocence is known as: a. incriminatory evidence b. discriminatory evidence c. exculpatory evidence d. none of these ANS: C REF: p. 41 39. A trial that is declared invalid before it is completed is known as a: a. mistrial b. hung trial c. hung jury d. either a mistrial or hung trial ANS: A REF: p.55 40. In most criminal cases, the parties—especially defense counsel—will ask the court that certain instructions be used. Which of the following options are available to the court with regard to these instructions? a. refuse to give the instructions b. modify the instructions c. give the instructions d. all of these ANS: D REF: p.56 CRITICAL THINKING Case 2.1 Henry has been arrested for stealing a car belonging to the local highway department. He was found by the side of a local highway with a flat tire, trying to change the tire on the highway department car. He has been taken to the local police station, where he is waiting in the interrogation room for detectives to talk to him. 41. What changes to the Miranda requirements can the state constitution make? a. not require the Miranda warning b. allow the police to deny Henry access to his attorney c. require that any oral confession also be in writing d. none of these ANS: C REF: p. 33 42. The officer that arrested Henry on the highway did not read him his rights under the Miranda decision, and did not question him. a. The arrest is invalid, because the reading of Miranda is required immediately after all arrests. b. Any confession given to the detectives must now be in writing. c. Any confession given to the detectives must now be videotaped. d. If the detectives give the Miranda warning, and Henry says he understands his rights, any confession is lawfully obtained. ANS: D REF: p. 37 43. If state law in the neighboring state requires that the interrogation be videotaped, what impact does that law have on this interrogation? a. requires the interrogation be videotaped b. requires any confession be in writing c. has no impact d. totally controls this interrogation ANS: C REF: p. 33 Case 2.2 Toby has been arrested for robbery of a local Quik Trip, by an officer that pulled up in her patrol car, observed Toby run out of the store carrying a gun and a sack of something that jiggled. She drew her weapon, and yelled at him to stop. He stopped and dropped the weapon. She handcuffed Toby, talked to the store clerk, and called the sergeant on her radio. She then took him to the local police station. After preparing her written report, she drove to the county seat, talked to the prosecutor, then appeared before the magistrate judge, obtaining an arrest warrant. 44. What are the three time frames or stages of criminal procedure in this case? a. before trial, during trial, after trial b. before arrest, booking, interrogation c. before booking, during booking, arraignment d. jury selection, presentation of evidence, sentencing ANS: A REF: p. 33 45. What is the next step involving the magistrate in this case? a. grand jury b. initial appearance c. discovery d. motion for change of venue ANS: B REF: p. 37 46. What would be the purpose of a preliminary hearing in this case? a. determine bail b. determine admissibility of confession c. accept plea of guilty d. determination of probable cause ANS: D REF: p. 41 Case 2.3 Sheila has been found guilty by a jury of the state crime of embezzlement for embezzling $20,000 from her employer – ABC Hardware. The judge has set a date one month in the future for sentencing. She has no prior criminal record, other than minor speeding and parking tickets. She was employed (prior to her arrest) full-time for ABC Hardware, and had worked there for ten years, the last two as the bookkeeper. She is married and has two children, one of whom was seriously injured in an accident while riding his bicycle. She and her husband have no health insurance. According to state law, the judge can sentence a defendant up to ten years (among others) in the department of corrections for this crime. 47. Which of the following is a possible sentence for the judge to impose? a. ten years in the department of corrections b. probation c. five years in the department of corrections d. all of these ANS: D REF: p. 59 48. If the state has a fixed sentencing structure of ten years for this crime, what may the judge do? a. impose a sentence of thirty days, because she is a young mother b. impose a sentence of ten years c. impose a sentence of two years d. none of these ANS: B REF: p. 59 49. During the month awaiting sentence, what may happen? a. a presentence investigation may be conducted b. a hearing on a motion for new trial c. a hearing on a motion for directed verdict d. all of these ANS: D REF: p. 59 50. Once the judge sentences her, Sheila appeals. She loses her direct appeals. What process may Sheila use to challenge the legality of her confinement? a. habeas corpus b. quo warranto c. writ of prohibition d. injunction ANS: A FILL-IN-THE-BLANK 1. In most states, a person who has been arrested, with or without a warrant, is required by law to be brought before a magistrate without ____________ delay. ANS: unnecessary REF: p. 37 2. Denying bail or pretrial release to a defendant because they are dangerous is called ____________ detention. ANS: preventive REF: p. 39 3. In addition to the Bill of Rights, there are other sources of rights for the defendant, including state constitutions and federal and state ____________. ANS: laws REF: p. 33 4. A writ directed to a peace officer requiring that officer to notify a person that they are required to appear in court and answer a charge is called a ____________. ANS: summons REF: p. 35 5. The ___________ warnings do not have to be given by the officer after an arrest unless the arrested person is asked questions by the officer that tend to incriminate. ANS: Miranda REF: p. 37 6. A crime punishable by death or imprisonment of more than one year is called a ____________. ANS: felony REF: p. 61 7. The process in which prospective jurors are questioned by the judge and/or lawyers to determine whether or not there are grounds for challenge is called ____________. ANS: voir dire REF: p. 51 8. Release on recognizance means that an accused has been released without bail. ANS: monetary REF: p. 39 9. The prosecution in a criminal case is required to prove the defendant’s guilt beyond a ____________ doubt. ANS: reasonable REF: p. 53 10. If the magistrate does not find probable cause at the preliminary hearing/examining trial, the judge will order the ____________ of the defendant. ANS: discharge REF: p. 42 11. A()n ________ plea is a guilty plea where the defendant still maintains innocence. ANS: Alford 12. A plea of nolo contendere literally means no ________. ANS: contest REF: p. 45 13. A jury which cannot decide on a verdict is called a ________ jury. ANS: hung REF: p. 57 14. The practice of keeping a jury together and in isolation during a trial is called ____________. ANS: sequestration REF: p. 56 15. The _____________ is the judge or jury’s pronouncement of guilty or not guilty. ANS: verdict REF: p. 56 16. A __________ is a charge made before a magistrate or judge alleging the commission of a criminal offense. ANS: complaint REF: p. 34 17. A/an ______ is the taking of a person into custody for the purpose of criminal prosecution or interrogation. ANS: arrest REF: p. 34 18. Both citations and summonses have the advantage of keeping a person out of pending the hearing. ANS: jail REF: p. 35 19. consists of making an entry in the police blotter or arrest book indicating the suspect’s name, the time of arrest, and the offense involved. ANS: booking REF: p. 37 20. is defined as the security required by the court and given by the accused to ensure that the accused appears before the proper court at a scheduled time and place to answer the charges brought against him or her. ANS: bail REF: p. 39 21. ____________ is the formal pronouncement of judgment by the court or judge on the defendant after conviction in a criminal prosecution, imposing the punishment to be inflicted. ANS: sentencing REF: p. 59 22. In addition to the Bill of Rights, there are other sources of rights for defendants, including state _______________. ANS: constitutions REF: p.33 laws 23. The _______________ guarantees minimum rights that cannot be diminished by state law. ANS: Bill of Rights REF: p. 33 24. Criminal procedure before trial begins with the filing of a ________________________. ANS: complaint REF: p. 33 25. __________ is a Latin term that literally means you have the body. ANS: habeas corpus 26. A ____________ procedure is when the guilt-innocence stage and sentencing stage are separate ANS: bifurcated REF: p. 59 27. Criminal procedure is mostly a product of ___________ decisions. ANS: U.S. Supreme Court REF: p. 33 28. _______________ is a procedure used by either party in a case to obtain information in the hands of the other party. ANS: Discovery REF: p. 41 29. There are three purposes for a preliminary hearing: determination of probable cause, __________, and decision on binding over. ANS: discovery REF: p. 41 30. Habeas corpus is often called the Great Writ of _____________. ANS: Liberty TRUE/FALSE 1. T F A peremptory challenge requires justification. ANS: F REF: p. 52 2. T F The Sixth Amendment requires unanimous jury verdicts in state criminal cases. ANS: F REF: p. 57 3. T F A guilty plea may be withdrawn if the prosecution fails to keep part of the plea bargain. ANS: T REF: p. 47 4. T F In most states, the only available pleas to a criminal charge are guilty or not guilty. ANS: F REF: p. 45 5. T F When a defendant pleads nolo contendere he/she is admitting guilt. ANS: F REF: p. 45 6. T F Only a grand jury can issue an indictment. ANS: T 7. T F A bench warrant is a process issued by the police. ANS: F REF: p. 37 8. T F The venire is the name for a group of prospective jurors. ANS: T REF: p. 50 9. T F The U.S. Supreme Court has held that five-person juries are constitutional in criminal cases. ANS: F REF: p. 57 10. T F A plea bargain is the popular name given to the process in which a defendant agrees to plead guilty to an offense in exchange for a lower charge, a lower sentence, or other considerations. ANS: T REF: p. 46 11. T F An attorney attempting to use a challenge for cause to dismiss a potential juror must provide the court with an adequate reason. ANS: T REF: p. 52 12. T F A jury verdict of acquittal terminates the case immediately and the defendant is set free. ANS: T REF: p. 57 13. T F If there is a conflict between state or federal law and the U.S. Constitution, the Constitution prevails. ANS: T REF: p. 33 14. T F Under the Fifth Amendment, a defendant is entitled to an attorney during plea bargaining. ANS: F REF: p. 48 15. T F Most cases that reach court are resolved by a jury trial. ANS: F REF: p. 49 16. T F A plea bargain may allow a defendant to avoid publicity. ANS: T REF: p. 47 17. T F bail is posted the person is kept under detention until such time as he or she can be brought before a magistrate. ANS: F REF: p. 39 18. T F A preliminary examination is not required when an indictment has been handed down prior to the preliminary hearing. ANS: T REF: p. 40 19. T F If the magistrate does not find probable cause, the defendant is charged. ANS: F REF: p. 41 20. T F A grand jury hearing is required in all federal felony prosecutions. ANS: T 21. T F Sentencing is the decision by the jury after deliberation in a criminal case. ANS: F REF: p. 59 22. T F State law may exclude oral confessions unless they are also in writing or supported by other evidence. ANS: T REF: p.33 23. T F Habeas corpus is a writ directed to any person detaining another. ANS: T 24. T F Criminal procedure before trial begins with the filing of pretrial motions. ANS: F REF: p. 33 25. T F In a bifurcated procedure, the guilt-innocence and sentencing are determined at the same time. ANS: F REF: p. 59 26. T F In addition to the Bill of Rights, there are other sources of rights for the defendant, including state constitutions. ANS: T REF: p. 33 27. T F After the arrest of a suspect by police, the next stage in criminal procedure is booking. ANS: T REF: p. 33 28. T F Most states given the sentencing power in criminal cases to the judge. ANS: T REF: p. 59 29. T F Release on Recognizance (ROR) means without monetary bail. ANS: T REF: pp. 39|40 30. T F An appeals court may affirm, reverse, or reverse and remand the decision of a lower court. ANS: T ESSAY 1. Discuss the three main purposes for which preliminary hearings are usually held. Which is the primary purpose? What does it accomplish? ANS: The three main purposes for which preliminary hearings are usually held are: determination of probable cause, discovery, and decision on binding over. Determination of probable cause is the primary purpose. It keeps unsupported charges of grave offenses from coming to trial and thereby protects people from harassment, needless expenditure, and damage to their reputations. 2. Define, compare, and contrast petit and grand juries. ANS: Petit (or trial) juries are for the purpose of determining guilt or innocence, and in some states determine punishment. Grand juries are for the purpose of returning indictments or conducting investigations of reported criminality. They differ in size and in how members re selected. Petit juries are created for one case, where grand juries may serve for a month or longer. 3. Define, compare and contrast the two types of challenges to prospective jury members. ANS: The two types of challenges to prospective jury members are challenges for cause and peremptory challenges. Challenges for cause are to dismiss potential jurors based on causes specified by law. Peremptory challenges are to dismiss potential jurors for reasons that need not be stated. Causes vary from state to state, but are specified by statute and are unlimited in number. Peremptory challenges vary in number allowed. 4. Discuss the differences between an indictment and an information. What are the merits and downfalls of each? Which would you prefer if being charged in a criminal case? Why? ANS: An indictment is a written accusation of a crime filed by the grand jury. An information is a criminal charge filed by the prosecutor without the intervention of a grand jury. A grand jury is intended to serve as a buffer or referee between the government and the people who are charged with crimes. A grand jury meets in secret and the defendant has no right to present evidence. Most states provide that a prosecution by information may be commenced only after a preliminary examination and commitment by a magistrate. I would prefer the information, as I could have an attorney represent me and present evidence at a preliminary hearing. 5. Discuss one of the five legal issues in plea bargaining enumerated in the text and give your opinion of it. ANS: The five legal issues in plea bargaining are: (1) Should a prosecutor’s promise to a defendant to induce a guilty plea be kept? I believe that a prosecutor’s promise should be kept. (2) Is the defendant entitled to a lawyer during the plea bargaining process? I believe that a defendant is entitled to a lawyer during the plea bargaining process. (3) How much evidence should the prosecutors disclose in plea bargaining? I believe that prosecutors should disclose all main evidence of guilt and all exculpatory evidence. (4) What constitutes an involuntary plea? I believe that any plea made that is not voluntary should not be accepted by the court. (5) Should plea bargaining be prohibited by law? I believe that plea bargaining should not be prohibited by law. 6. Explain what an Alford plea is and why it is important. ANS: An Alford plea is a plea in which the defendant claims innocence yet pleads guilty for other reasons. It is important because it allows a defendant to plead guilty knowing that if credited with the time he has already served in jail, he will immediately be set free. 7. Jury nullification occurs when a jury acquits the defendant or convicts the defendant of a lesser offense despite the evidence presented; in essence, the evidence and the verdict point in opposite directions. The Court held in United States v. Powell (469 U.S. 57 [1984]) that juries have the power to engage in jury nullification. Do you agree? Why or why not? ANS: Student response will vary. 8. What various forms can sentences take? Give an example of two of these forms that are not mutually exclusive. ANS: Sentences can take the form of a fine, community-based sanctions, probation, jail time (usually for misdemeanors), prison time (usually for felonies), and death. An example of two of these forms that are not mutually exclusive is when an offender is given jail and later released on probation. 9. What three things may an appeals court do to a lower court decision? What does each mean? ANS: An appeals court may affirm, reverse, or reverse and remand the decision of a lower court. When an appeals court affirms means that the decision of the lower court where the case came from is upheld. When an appeals court reverses means the decision of the lower court where the case came from is overthrown, vacated, or set aside. When an appeals court reverses and remands, it is less final than a reversal, and the lower court has the opportunity to hear further arguments and give another decision in the case. 10. What is habeas corpus and to whom is it usually directed? ANS: Habeas corpus is a writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detained in court and explain why detention should be continued. It is directed to a sheriff or prison warden.