CCJ1020 Chapter 10

Question 1

What is a complaint?

Answer 1

A complaint is a formal, written statement of a criminal charge including the date, place, and circumstances of the arrest

Question 2

Who is typically the complainant?

Answer 2

A police officer

Question 3

What is an arraignment?

Answer 3

Initial court appearance, accused is told charges and rights and is asked for a plea

Question 4

What extra step in pretrial happens when there is a felony?

Answer 4

An objective body (jury) must be convinced that there is probably cause of the crime happening and thus the defendant needs to be tried

Question 5

What is an “information”?

Answer 5

A legal document from a lower court stating that a defendant should be tried

Question 6

What is bail?

Answer 6

A sum of money offered for a defendant to live normally with the promise to appear in court

Question 7

What happens to bail if the defendant does not show to court?

Answer 7

It is forfeited

Question 8

Bail can be denied or revoked. (T or F)

Answer 8

False

Question 9

What was the Statute of Westminster?

Answer 9

Issued by Parliament explained what crimes where bailable and which were not

Question 10

What does the Judiciary Act of 1789 say about bail?

Answer 10

Requires bail to be allowed for all crimes unless punishable by death; explained conditions for bail and limited discretion on setting bail amounts

Question 11

There is a constitutional right to bail. (T or F)

Answer 11

False

Question 12

What did the 1951 case of Stack v. Boyle say about bail?

Answer 12

If a crime is bailable, the bail cannot be excessive

Question 13

Who are pretrial detainees?

Answer 13

People who either are not offered bail or cannot pay their bail before trial

Question 14

What is ROR?

Answer 14

Release on recognizance; defendant is let out pretrial and is not required to pay bail

Question 15

What lead to the Bail Reform Act of 1966?

Answer 15

ROR programs

Question 16

What does the Bail Reform Act of 1984 say?

Answer 16

No defendant can be held pretrial just because they can’t afford bail; institutes ROR

Question 17

___ percent of motor vehicle theft suspects committed crimes while on bail.

Answer 17

41%

Question 18

Who are advertable recidivists?

Answer 18

A person whose crime could have been prevented if they were not given discretionary release

Question 19

What is preventative detention?

Answer 19

To deny bail to individuals who are deemed dangerous or a flight risk

Question 20

What perspective on justice is preventative detention?

Answer 20

crime control perspective

Question 21

Schall v. Martin

Answer 21

Court upheld that the use of preventative detention can be used on minors if it will help the safety of the individual and society

Question 22

What do pretrial programs provide?

Answer 22

1. Gather information on arrestees
2. Assess likelihood of not appearing in court or being rearrested
3. Supervision of the suspect

Question 23

Which amendment ensures right to a grand jury?

Answer 23

5th amendment

Question 24

What is a presentment?

Answer 24

Report from a grand jury investigation; usually has a recommendation of indictment

Question 25

What is an indictment?

Answer 25

Written accusation of a crime toward someone

Question 26

What are the two roles of a grand jury?

Answer 26

1. Act as an independent investigating body 2. Act as the communities conscience to see if an accusation justifies a trial

Question 27

What is a no bill?

Answer 27

When a grand jury fails to find probable cause and dismisses the indictment

Question 28

How many people make up a grand jury?

Answer 28

16-23

Question 29

United States v. Williams

Answer 29

exculpatory evidence is not required to be shown to a grand jury

Question 30

What is exculpatory evidence?

Answer 30

Evidence that can clear a defendant from blame or fault

Question 31

What is the purpose of a preliminary hearing?

Answer 31

Make the prosecutor present a case to decide if the defendant should be tried in court

Question 32

What is a nolo contendere plea?

Answer 32

An acceptance of punishment without an admission of guilt

Question 33

What are the three pleas?

Answer 33

1. Guilty 2. Not guilty 3. Nolo contendere

Question 34

A guilty plea waivers constitutional rights. (T or F)

Answer 34

True

Question 35

What are to two wasy of pleading not guilty?

Answer 35

1. Defendant verbally states it 2. Defendant remains mute to the bench

Question 36

How is a nolo contendere plea made?

Answer 36

Voluntarily and intelligently made by the defendant

Question 37

What percent of criminal cases are ended with a negotiated plea of guilty?

Answer 37

More than 90%

Question 38

A plea must be approved by the victim. (T or F)

Answer 38

False

Question 39

What is a criminal trial?

Answer 39

Open and public hearing designed to bring the facts of a case brought by the state against the accused

Question 40

What is a bench trial?

Answer 40

Criminal trial with only a judge

Question 41

What is a verdict?

Answer 41

The final statement of the judge or jury on a question of fact in a trial

Question 42

What is adjudication?

Answer 42

Determination of guilt/innocence concerning criminal charges

Question 43

Tumey v. Ohio?

Answer 43

Defendants have the right to an impartial judge

Question 44

What is peremptory removal?

Answer 44

An attorney moves to have a the judge replaced

Question 45

Riggins v. Nevada?

Answer 45

Forcing a defendant to get treatment so they can be tried is not a violation of due process

Question 46

What is the confrontation clause?

Answer 46

Constitutional right of a defendant to cross-examine a witness against him or her

Question 47

What is hearsay evidence?

Answer 47

A testimony that relates information through a second party

Question 48

What is a subpoena?

Answer 48

An order requiring a witness to appear in court at at specified place and time

Question 49

What is compulsory process?

Answer 49

Compelling the production of a witness via a subpoena

Question 50

Washington v. Texas?

Answer 50

Compulsory process is a fundamental right

Question 51

Baldwin v. New York?

Answer 51

Defendant has the constitutional right of a trial by jury is they could face a prison sentence of 6 months or more

Question 52

Gideon v. Wainwright?

Answer 52

All criminal defendants have the right to council in felony cases

Question 53

What is pro se?

Answer 53

When a defendant decides to represent themself

Question 54

What is "proof beyond a reasonable doubt"?

Answer 54

A standard of proof needed to convict in a criminal case

Question 55

What is "preponderance of the evidence"?

Answer 55

Level of proof in civil cases; more than half the evidence must be convicting

Question 56

What is a venire?

Answer 56

Group called for jury duty where the jurors are selected

Question 57

How many jurors are in the jury box?

Answer 57

12

Question 58

What is voir dire?

Answer 58

Process where a potential jury panel is questioned by both parties to select jurors who are unbiased

Question 59

What is a challenge for cause?

Answer 59

Dismissal of a juror due to an inability to be objective on the case

Question 60

What is a peremptory challenge?

Answer 60

Dismissal of a prospected juror due to unexplained reasons

Question 61

Batson v. Kuntuckey?

Answer 61

Supreme Court said peremptory challenges cannot be based solely on race

Question 62

What is direct examoniation?

Answer 62

The questioning of one's own witness during trial

Question 63

What is a directed verdict?

Answer 63

Defense attorney asks the judge for the jury to come to a guilty or not guilty opinion based on just the prosecution's case

Question 64

What is jury nullification?

Answer 64

The jury's refusal to make a decision on fact and evidence

Question 65

What is an appeal?

Answer 65

A request for a appellate court to examine the lower court's decision to see if proper procedures were followed

Question 66

Writ of habeas corpus?

Answer 66

Judicial order that asks for the incarcerated person to show and explain what their sentencing is and the reason behind it