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docx (4)

Uploaded: 6 years ago
Contributor: bio_man
Category: Legal Studies
Type: Lecture Notes
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Filename:   docx (4).docx (168.63 kB)
Page Count: 12
Credit Cost: 1
Views: 361
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Transcript
Question 1 2.5 / 2.5 pts ?Which is a sworn written statement addressed to a court or judge by the police, prosecutor, or individual alleging that an individual has committed an offense and requesting prosecution?    ?Complaint    ?Arraignment    ?Warrant    ?Indictment   Question 2 2.5 / 2.5 pts ?In a criminal case, the defendant may plead guilty at the initial hearing and the case may be disposed of immediately.    True      False     Question 3 2.5 / 2.5 pts ?The preliminary hearing provides advantages to the defendant not afforded under a grand jury proceeding.    True      False     Question 4 2.5 / 2.5 pts Which of the following is the correct order of events??    ?Arraignment, preliminary hearing, plea, indictment    ?Preliminary hearing, indictment, arraignment, plea    ?Indictment, preliminary hearing, arraignment, plea    ?Arraignment, preliminary hearing, indictment, plea   Question 5 2.5 / 2.5 pts ?In which case was the U.S. Supreme Court’s interpretation of the Eighth Amendment’s provisions on bail set in 1951?    ?Tennessee v. Martin    ?McNamara v. Driscoll    ?Stack v. Boyle    ?Crosby v. Malkin   Question 6 2.5 / 2.5 pts CASE 10.1 Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was arrested in August 2012. Given this information, answer the following questions. At his initial hearing, Mr. Crutchfield pleads not guilty to the crime of murder in the first degree. What is this initial hearing called??    ?Probable cause hearing    ?Arraignment    ?Preliminary hearing    ?Pretrial hearing   Question 7 2.5 / 2.5 pts It is legal for a criminal defendant to waive his or her right to counsel and defend one’s self at trial.?    True      False     Question 8 2.5 / 2.5 pts ?Which procedure is often used as an alternative to the grand jury?    ?Preliminary hearing    ?Criminal trial    ?Arraignment    ?Initial hearing   Question 9 2.5 / 2.5 pts ?According to the Innocence Project, which of the following is not a reason for giving a false confession to a crime?    ?Mental impairment    ?Coercion    ?Potential profitability    ?Duress   Question 10 2.5 / 2.5 pts CASE 10.1 Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was arrested in August 2012. Given this information, answer the following questions. ?The evidence against Mr. Crutchfield is presented to the grand jury who charge Mr. Crutchfield with the crime of murder. This is called:    ?A summons.    ?A denunciation.    ?No bill.    ?An indictment.   Question 11 2.5 / 2.5 pts Jail overcrowding has gotten worse in recent years.?    True      False     Question 12 2.5 / 2.5 pts Which of the following is the proceeding held to determine whether probable cause is sufficient to warrant a criminal trial??    ?Injunction    ?Preliminary hearing    ?Indictment    ?Arraignment   Question 13 2.5 / 2.5 pts ?All information that is material and favorable to the accused defendant because it casts doubt on the defendant’s guilt or on the evidence the government intends to use at trial is called:    ?Exculpatory evidence.    ?Innocuous evidence.    ?Explanatory evidence.    ?Fruit of the poisonous tree.   Question 14 2.5 / 2.5 pts When a motorist is issued a traffic citation, which is the most likely type of release?    ?None of the above    Pretrial court direct release    Police field citation release    ?Police station house citation release   Question 15 2.5 / 2.5 pts ?Which type of bail occurs when a defendant is released, with no immediate requirement for payment unless they do not appear in court?    ?Unsecured bond    ?Surety bail    ?Release on recognizance    ?Conditional bail   Question 16 2.5 / 2.5 pts Which of the following events—during which the judge informs the defendant of the charges against him or her and appoints counsel if one has not yet been retained—occurs after an indictment is filed subsequent to a preliminary hearing.?    ?Arraignment    ?Plea bargain    ?Bench hearing    ?Pretrial   Question 17 2.5 / 2.5 pts For a guilty plea to be validated by the court it must be both understood and voluntary.?    True      False     Question 18 2.5 / 2.5 pts Over 90% of criminal cases end with guilty pleas.?    True      False     Question 19 2.5 / 2.5 pts ?Which of the following is not a reason for a speedy trial?    ?To avoid lengthy pretrial detentions    ?To avoid delays that may inhibit the defendant’s ability to defend himself or herself    ?To ensure that witnesses are available to testify as soon as possible    ?Because it is guaranteed by the Fifth Amendment to the U.S. Constitution   Question 20 2.5 / 2.5 pts ?Diversion is considered after arrest and arraignment but before:    ?The bail hearing.    ?The preliminary hearing.    ?Trial.    ?Grand jury indictment.   Question 21 2.5 / 2.5 pts ?Which is an initial court appearance, at which the accused is read the charges, advised of his or her rights, and asked to enter a plea?    ?Grand jury hearing    ?Arraignment    ?Complaint    ?Indictment   IncorrectQuestion 22 0 / 2.5 pts ?Which of the following is false regarding plea bargaining?    ?Accepting a guilty plea from a defendant who maintains his or her innocence is valid.    ?Defendants must keep their side of the bargain to receive the promised offer of leniency.    ?Accepting a guilty plea from a defendant who maintains his or her innocence is valid.    ?Pleas must be made voluntarily and without pressure.   Question 23 2.5 / 2.5 pts ?Which court case upheld the use of preventive detention statutes to protect the well-being of the juvenile offender and the public?    ?Creamens v. Blake    ?Salerno v. Fitzsimmons    ?Burton v. Weight    ?Schall v. Martin   Question 24 2.5 / 2.5 pts ?Laws that require that certain dangerous defendants be confined before trial for their own protection and that of the community are called:    ?Avertable statutes.    ?Exclusionary statutes.    ?Preventive detention statutes.    ?Avertable detention statutes.   Question 25 2.5 / 2.5 pts CASE 10.2 Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania, is arrested for the premeditated murder of his wife, Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately three miles from her house two weeks after she was reported missing by her parents. Given this information, answer the following questions. ?Having presented its case against Mr. Faulstick, the prosecution rests. Concerned that the state has not proved the charge against the defendant beyond a reasonable doubt, Mr. Faulstick’s attorney enters a motion for what?    ?Exculpatory clause    ?Cross-examination    ?Direct verdict    ?Rebuttal verdict   Question 26 2.5 / 2.5 pts ?Which type of bail occurs when a defendant is released, without bail, upon their promise to return to court?    ?Conditional bail    ?Unsecured bond    ?Surety bail    ?Release on recognizance   Question 27 2.5 / 2.5 pts The use of grand juries is gaining popularity and increasing in frequency.?    True      False     Question 28 2.5 / 2.5 pts In the case of Baston v. Kentucky, the Supreme Court held that the use of peremptory challenges against potential jurors by prosecutors in criminal cases violated the Constitution if the challenges were based solely on race.?    True      False     Question 29 2.5 / 2.5 pts In some situations, people placed in diversion programs are believed to be the ones most likely to have otherwise been dismissed after a brief hearing with a warning or small fine. Critics refer to this as:?    ?Exculpatory practices.    ?Misrepresenting the system.    ?An abomination of justice.    ?Widening the net.   Question 30 2.5 / 2.5 pts A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing is called:?    ?An arraignment.    ?Information.    ?Judging.    ?A warrant.   Question 31 2.5 / 2.5 pts Which amendment pertains to bail??    ?Fourth    ?Sixth    ?Fifth    ?Eighth   Question 32 2.5 / 2.5 pts CASE 10.2 Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania, is arrested for the premeditated murder of his wife, Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately three miles from her house two weeks after she was reported missing by her parents. Given this information, answer the following questions. ?Being a profile case for the city and surrounding area, it is important for the prosecutor and defense to question the jurors to eliminate any bias. This process is called:    ?Voir dire.    ?Peremptory challenge.    ?Challenge for cause.    ?Venire.   Question 33 2.5 / 2.5 pts The Statute of Westminster was established in 1275 which set out the offenses which were bailable and those which were not.?    True      False     Question 34 2.5 / 2.5 pts ?Which act mandated that no defendants shall be kept in pretrial detention simply because they cannot afford the monetary bail?    ?The Federal Lautenberg Act of 1996    ?Pretrial Bond Act of 1988    ?Due Process Release Act of 1971    ?Bail Reform Act of 1984   Question 35 2.5 / 2.5 pts ?The grand jury originally was created as a check against the:    ?Judge.    ?Prosecution.    ?Defense attorney.    ?Magistrate.   Question 36 2.5 / 2.5 pts Pretrial detention accounts for more incarceration than does postsentencing imprisonment.?    True      False     Question 37 2.5 / 2.5 pts CASE 10.1 Frank Crutchfield was arrested for the murder of his coworker Robert Bell following an argument over the use of the copy machine and the time it took Mr. Bell to complete his tasks. Mr. Crutchfield had previously told his coworkers of his anger toward Mr. Bell, but his coworkers did not take this anger seriously. Mr. Crutchfield was arrested in August 2012. Given this information, answer the following questions. Mr. Crutchfield’s bail was set at $250,000,and it was determined that the defendant would pay a percentage of the bond, about 10%, to a bonding agent, who in turn could post the remainder for Mr. Crutchfield. This is referred to as a:?    ?Conditional bail.    ?Surety bail.    ?Deposit bail.    ?Full cash bail.   Question 38 2.5 / 2.5 pts CASE 10.3 A man is arrested for burglary in a rural community in southwestern Arizona. Upon his arrest, three handguns, rope, duct tape, and handcuffs are found on his possession. He has a prior arrest for sexual assault and served three years in prison for the crime. Given this information, answer the following questions. At his arraignment, the defendant is asked to plead to the charges. The defendant pleads no contest or what is otherwise known as:?    ?Nolo contendere.    ?Aucune declaration.    ?Ninguna declaración.    ?Ninguna declaración.   Question 39 2.5 / 2.5 pts ?Which of the following evidentiary standards of proof are used in civil proceedings?    ?Preponderance of the evidence    ?Clear and convincing    ?Probable cause    ?Beyond a reasonable doubt   Question 40 2.5 / 2.5 pts ?In historical English law, sheriffs sometimes abused their power, leading Parliament to issued which statute in 1275, which established bailable offenses.    ?West Chester    ?Westinghouse    ?Westminster    ?Worcester

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