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WorksheetsComplaints, Indictments...
Total questions: 20
Worksheet time: 10mins
Name
Class
Date
1.
If officers arrest someone on the spot, how long do officers have to file the criminal complaint?
a)
The officers have a major problem- they're not supposed to arrest anyone until after the judge signs off on a criminal complaint!
b)
24 hours
c)
48 hours
d)
30 days
2.
Who swears to the accuracy of the complaint affidavit?
a)
the prosecutor
b)
the officer
c)
the judge
d)
the defendant
3.
Who signs a criminal complaint, thereby authorizing arrest of the defendant?
a)
the prosecutor
b)
the judge
c)
the officer
d)
the defendant
4.
Who signs an indictment?
a)
the judge
b)
the officer
c)
the defendant
d)
the foreman of the grand jury
5.
Who signs an information?
a)
the prosecutor
b)
the judge
c)
the officer
d)
the defendant
6.
To agree to an information, a defendant must waive one of his/her rights. Which one?
a)
1st amendment
b)
4th amendment
c)
5th amendment
d)
6th amendment
7.
What is an information?
a)
An information looks just like an indictment and has the same function, but is used when a defendant waives his right to grand jury.
b)
An information is an official request that an officer begin investigation.
c)
An invesatigation is a document provided by confidential informant whose identity must never be disclosed (e.g. a participant in the federal witness protection program.)
d)
An information is an official notice that a person is the target of a grand jury investigation.
8.
Why would anyone want to waive his right to a grand jury?
a)
Without the grand jury, the prosecution will find investigation more difficult.
b)
Once a defendant waives his right to grand jury, all investigation must cease.
c)
Given such a waiver, the $250 court fees are automatically waived.
d)
The prosecutor may give the defendant a better deal for doing so.
9.
What is the purpose of a preliminary (probable cause) hearing?
a)
to determine whether the defendant is a flight risk
b)
to notify the defendant of the charges she will face in court
c)
to determine whether the defendant should be arrested in the near future
d)
to determine whether the arrest of the defendant was supported by probable cause
10.
What is the proof standard for a preliminary hearing?
a)
some evidence
b)
beyond a reasonable doubt
c)
clear and convincing evidence
d)
probable cause
11.
An indictment or information issues, and the defendant doesn't get a preliminary hearing. Why?
a)
The judge was probably too busy.
b)
Indictment?!? The defendant is in big trouble. A preliminary hearing won't help.
c)
Probable cause has already been decided.
d)
The defendant is a flight risk.
12.
What is an arraignment?
a)
An arraignment is a hearing to determine whether the defendant is a danger to the community or a flight risk.
b)
An arraignment is a hearing in which the Indictment/Information is read in court. Its purpose is to notify the defendant of the charges she will face.
c)
An arraignment is a hearing to determine whether the defendant should be arrested in the near future.
d)
An arraignment is a hearing to determine whether the arrest of the defendant was supported by probable cause.
13.
What two issues questions must be addressed in a detention hearing? (PICK TWO!!)
a)
whether there is probable cause that an offense has been committed
b)
whether the defendant is a flight risk
c)
whether the defendant is guilty
d)
whether the defendant is a danger to the community
14.
In cases involving drugs or crimes of violence, there is a presumption of detention. What standard of proof must the defendant reach to overcome this presumption?
a)
some evidence
b)
beyond a reasonable doubt
c)
clear and convincing evidence
d)
probable cause
15.
Who has the burden of proof in a preliminary hearing?
a)
the prosecutor
b)
the judge
c)
the officer
d)
the defendant
16.
How long can a person be locked up while the grand jury reviews a case?
a)
Whoa, major violation! You can't arrest anyone until after the grand jury signs off on the indictment!
b)
24 hours
c)
48 hours
d)
30 days
17.
Can a defendant represent himself?
a)
No, unless she is a lawyer.
b)
No, unless she pays her own court fees.
c)
Yes, as long as she is well-educated.
d)
Yes, as long as she is appropriately warned.
18.
Who can make major changes to an indictment?
a)
the prosecutor
b)
the judge
c)
the court reporter
d)
the grand jury
19.
If a prosecutor adds charges and/or defendants to an indictment, what is the new document called?
a)
Indictment #2
b)
Succeeding Indictment
c)
Superior Indictment
d)
Superseding Indictment
20.
Which of the following documents can you plead to? (By plead, I mean guilty or not guilty.)
a)
complaint
b)
arrest warrant
c)
indictment and information
d)
I don't know
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