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Intro To CJ Chap 10
Pre-Trial and Trial Procedures-Multiple Choice
| Question | Answer |
|---|---|
| __________ 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 |
| __________ 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. | arraignment |
| In historical English law, sheriffs sometimes abused their power, leading Parliament to issue this statute in 1275, which established bailable offenses. | Westminster |
| In this case the U.S. Supreme Courts interpretation of the Eighth Amendments provisions on bail was set in 1951? | Stack v. Boyle |
| This reason is not an issue normally considered when deciding whether or not to grant bail? | age of the accused |
| In some jurisdictions, this type of bail is defined by the defendant paying the total amount out of pocket with either cash or property? | full cash bail |
| Individuals who are either denied bond or cannot afford to post bond are referred to as | pretrial detainees |
| This act mandated that no defendants shall be kept in pretrial detention simply because they cannot afford the monetary bond? | Bail Reform Act of 1984 |
| This property crime is most likely to have the highest average bail set for felony arrests. | burglary |
| Defendants who are rearrested for a felony while out on bail are referred to as | avertable recidivists |
| This court case upheld the use of preventive detention statutes to protect the well-being of the juvenile offender and the public. | Schall v. Martin |
| According to early English Law, this stated that no "freeman" could be seized and imprisoned unless he had been judged by his peers. | Magna Carta |
| The grand jury originally was created as a check against | prosecution |
| The report of the grand jury investigation, which usually includes a recommendation of indictment is called | presentment |
| 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 |
| A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing is called | information |
| This procedure is often used as an alternative to the grand jury. | preliminary hearing |
| This event-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 |
| According to the Innocence Project, this is not a reason for giving a false confession to a crime. | potential profitable |
| Regarding plea bargaining | pleas must be made voluntarily and without pressure;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/her innocence is valid |
| This role is most problematic and controversial in plea negotiations | defendant |
| Diversion is considered after arrest and arraignment but before | trial |
| In some situations, people placed in diversion programs are believed to be ones most likely to have otherwise been dismissed after a brief hearing with a warning or small fine. Critics refer to this as | widening the net |
| This is the term for the group called for jury duty from which jury panels are selected. | venire |
| This amendment applies to bail. | Fifth |
| When a motorist is issued a traffic citation, this release is most likely. | police field citation release |
| This type of bail occurs when a defendant is released, with no immediate requirement for payment unless they do not appear in court. | unsecured bond |
| This type of bail occurs when a defendant is released, without bail, upon their promise to return to court. | release on recognizance |
| this proceeding is held to determine whether probable cause is sufficient to warrant a criminal trail. | preliminary hearing |
| The correct order of events is | preliminary hearing, indictment, arraignment, plea |
| Reasons for a speedy trial include | to ensure that witnesses are available to testify as soon as possible; to avoid delays that may inhibit the defendants ability to defend self; to avoid lengthy pretrial detentions |
| This evidentiary standard of proof is used in civil proceedings. | preponderance of the evidence |