CH8 Pretrial and Trial Procedures

The 8th Amendment right to bail applies to:

• Federal cases only

• State cases only

• State and Federal cases

Which of the following statements is true of bail?

• It is guaranteed right under the Either Amendment

• In felony cases, the primary responsibility to set bail lies with the judge

• In misdemeanor cases, bail is set according to the defendant's ability to pay.

• It is uniform throughout all jurisdictions

Which of the following purposes does bail serve in addition to encouraging defendants to return to court?

• The protection of juveniles

• The protections of the defendant

• The protection of the community

• The protection of the courtroom work groups

Which of the following purposes does bail serve in addition to encouraging defendants to return to court?

• The protection of juveniles

• The protections of the defendant

• The protection of the community

• The protection of the courtroom work groups

Louisa has been arrested for a felony. Her bail is set at $100,000. She does not have sufficient funds to post bail. A businessman agrees to post bail on her behalf if she pays him 10 percent of the bail amount and includes her car as security. In this scenario, the businessman is a _____.

• bail bond agent bounty hunter

• bounty hunter

• bailiff

• bail enforcement agent

During _____, the defendant appears before a judge or magistrate who decides whether the evidence presented is sufficient for the case to proceed to trial.

• an indictment

• an arraignment

• the preliminary hearing

• the initial appearance

Which of the following statements is true of the preliminary hearing process?

• The defendant is prohibited from being represented by counsel

• It requires guilt to be proved beyond a reasonable doubt

• It is conducted forty days after the defendant is arrested

• A police report of the arrest is presented

In the context of the preliminary hearing, which of the following statements is true of discovery?

• It allows the defense to see the evidence against the defendant prior to making a plea

• It allows the trial attorneys to ascertain whether prospective jurors are fit to serve on the jury

• It determines whether the evidence presented is sufficient to provide probable cause that a crime has occurred

• It determines whether an indictment should be issued

Which of the following is a similarity between an indictment and an information in a preliminary hearing?

• Both are issued during the preliminary hearing

• Both become the formal charge against the defendant

• Both are issued by the district attorney

• Both are required to begin the process of discovery

Identify a true statement about grand jury proceedings.

• Jurors can request that witnesses be recalled to the stand to testify a second time

• Witnesses are not allowed to speak publicly about their own testimony

• The defense can cross-examine prosecution witnesses

• Jurors cannot ask the judge questions about relevant law