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Law & Justice Chapter 5: Pretrial Procedures

Total questions: 48

Worksheet time: 24mins

Name
Class
Date
1.

"Judge sets bail, informs defendant of charges, and makes sure defendant understands his or her right to council"

a)

Initial Appearance

b)

Arraignment

c)

Pretrial motion

d)

Plea bargain

2.

"the defense and the defendant enter their plea to the court"

a)

Initial Appearance

b)

Arraignment

c)

Jury Selection

d)

Criminal Trial

3.

Which is not a guilty plea?

a)

Entrapment

b)

Self-Defense

c)

Intoxication

d)

Coercion

4.

Which is not a Not-Guilty plea?

a)

Entrapment

b)

Age

c)

Intoxication

d)

Insanity

5.

"The Defendant Must Prove That: He or she was encouraged by agents of the state to engage in a criminal act he or she would not have engaged in otherwise."

a)

Entrapment

b)

Coercion

c)

Necessity

d)

Self-defense

6.

"The Defendant Must Prove That: He or she acted in a manner to defend himself or herself, others, or property, or to prevent the commission of a crime."

a)

Entrapment

b)

Coercion

c)

Necessity

d)

Self-defense

7.

"The Defendant Must Prove That: The criminal act he or she has committed was necessary in order to avoid harm to himself or herself or another was greater than the harm caused by the act itself."

a)

Entrapment

b)

Coercion

c)

Necessity

d)

Self-defense

8.

"The Defendant Must Prove That: He or she performed the criminal act under the use of threat or use of unlawful force against his or her person that a reasonable person would have been unable to resist."

a)

Entrapment

b)

Coercion

c)

Necessity

d)

Self-defense

9.

"The Defendant Must Prove That: Because he or she was under a statutorily determined age, he or she did not have the maturity to make the decisions necessary to commit a criminal act."

a)

Age

b)

Mistake

c)

Intoxication

d)

Insanity

10.

"The Defendant Must Prove That: He or she did not know his or her actions violated the law, or makes a mistake in choice or judgement that leads to criminal activity. "

a)

Age

b)

Mistake

c)

Intoxication

d)

Insanity

11.

"The Defendant Must Prove That: He or she had diminished control over his or her actions due to the influence of alcohol or drugs."

a)

Age

b)

Mistake

c)

Intoxication

d)

Insanity

12.

"The Defendant Must Prove That: At the time of the criminal act, he or she did not have the necessary mental capacity to be held responsible for his or her actions."

a)

Age

b)

Mistake

c)

Intoxication

d)

Insanity

13.

A "Crime of Passion" would fall under which Not-Guilty plea?

a)

Age

b)

Mistake

c)

Intoxication

d)

Insanity

14.

"The process in which the police collect the suspect's personal information and organize evidence relating to the alleged crime; gather personal info, fingerprint, mugshot, search, etc."

a)

Booking

b)

Initial Appearance

c)

Arraignment

d)

Trial

15.

Two sides in a criminal case:

a)

Prosecution and Defense

b)

Prosecutor and Defense Attorney

c)

Indigent Defender and Private Attorney

d)

There are three sides in a criminal case

16.

"Defendants who can't afford legal counsel on their own."`

a)

Indigent Defender

b)

Poverty

c)

Private Defender

d)

5th Amendment

17.

"Landmark Supreme Court case that established the standard for determining when a criminal defendant's Sixth Amendment right to counsel is violated by that counsel's inadequate performance."

a)

Gideon v. Wainwright (1963)

b)

Argersinger v. Hamlin (1972)

c)

Strickland v. Washington (1984)

18.

"The US Supreme Court extended the right to a lawyer to all cases that might result in imprisonment. "

a)

Gideon v. Wainwright (1963)

b)

Argersinger v. Hamlin (1972)

c)

Strickland v. Washington (1984)

19.

"The U.S. Supreme Court held that the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a fair trial. "

a)

Gideon v. Wainwright (1963)

b)

Argersinger v. Hamlin (1972)

c)

Strickland v. Washington (1984)

20.

Which is not a factor when a judge sets bail?

a)

Overcrowded jails

b)

Uncertainty around the case

c)

How dangerous the individual is

d)

All of these are factors

21.

A plea-bargain is usually associated with what plea?

a)

Guilty

b)

Not-Guilty

22.

"when a defendant pleads guilty in order to receive a shorter sentence, lesser counts, or for some charges to be dropped"

a)

Plea Bargain

b)

Indigent Defender

c)

No Contest Plea

d)

Pretrial Motion

23.

Which is more common in pretrial procedures?

a)

Insanity pleas

b)

Not-Guilty Pleas

c)

Guilty Pleas

24.

Stand-Your-Ground Law:

a)

establishes a right by which a person may defend one's self or others against threats or perceived threats

b)

Government can not take your land

c)

Establishes right to council

25.

Major factor in sanity tests such as Durham Rule, M'Naghten Rule, and Model Penal Code:

a)

Criminal intent

b)

Mental capacity/deficiency

c)

Accomplices

d)

Premeditation

26.

What percentage of criminal cases include an insanity plea?

a)

15%

b)

1%

c)

60%

d)

30%

27.

What is the goal of the Grand Jury and a Preliminary Hearing?

a)

To establish probable cause

b)

To analyze the evidence to see if a criminal trial should take place

c)

For the judge to hear arguments from both sides before trial (except in a Grand Jury hearing)

d)

All of these are goals of the Grand Jury and Preliminary Hearing

28.

What is handed down if the Grand Jury finds probable cause?

a)

An Indictment

b)

An Information

29.

What is handed down/filed at a Preliminary Hearing if probable cause is found?

a)

An Indictment

b)

An Information

30.

(T/F) All states require the use of a Grand Jury in pretrial procedure.

a)

True

b)

False

31.

How many jurors are on a criminal case?

a)

6

b)

9

c)

12

d)

23

32.

Stages of jury selection:

a)

Master Jury List, Venire, "Voir Dire"

b)

Venire, Master Jury List, "Voir Dire"

c)

"Voir Dire," Master Jury List, Venire

d)

Venire, "Voir Dire," Master Jury List

33.

Things to look for in a jury during jury selection:

a)

Impartiality

b)

Unbiased

c)

Fair

d)

Court must look for all of these things in jury selection

34.

What is Challenge for Cause?

a)

When the a juror is removed because the lawyers and judge agree the individual cannot be fair

b)

When lawyers excuse jurors without giving a reason

35.

What is a Preemptory Challenge?

a)

When the a juror is removed because the lawyers and judge agree the individual cannot be fair

b)

When lawyers excuse jurors without giving a reason

36.

A motion to suppress evidence is a motion filed by a criminal defense attorney asking the judge to suppress a piece of evidence against the accused because it was illegally obtained.

a)

Motion to Suppress

b)

Discovery Motion

c)

Motion to Change Venue

d)

Motion to Disclose Identity of Informant

37.

A motion for discovery asks the judge to order the prosecutor to turn over evidence that may help prove the accused’s innocence, or that is otherwise required by law.

a)

Motion to Suppress

b)

Discovery Motion

c)

Motion to Change Venue

d)

Motion to Disclose Identity of Informant

38.

A motion to change venue is a request to change the location of the trial. In some cases, pretrial publicity about a criminal case may make it impossible for a person to receive an impartial trial in the court where the case is being decided.

a)

Motion to Suppress

b)

Discovery Motion

c)

Motion to Change Venue

d)

Motion to Disclose Identity of Informant

39.

If this motion is granted, the prosecutor may be forced to disclose the identity of an informant, which can help a criminal defense attorney attack this person’s credibility and motives for testifying.

a)

Motion to Suppress

b)

Discovery Motion

c)

Motion to Change Venue

d)

Motion to Disclose Identity of Informant

40.

Choose all of the rules/guidelines you must follow if you are a juror:

a)

Don’t discuss the case with anyone.

b)

Don’t post anything about the case on any social media sites (Facebook, Twitter, etc.).

c)

Don’t discuss the case with other jurors.

d)

Don’t research the case. For example, don’t visit the crime scene or look anything up on the internet.

e)

All of these are rules/guidelines

41.

T/F: the defendant, alongside the Defense, can change their not-guilty plea to a guilty plea at any time.

a)

True

b)

False

42.

What is the goal of a Grand Jury Hearing and/or Preliminary Hearing?

a)
To allow the defendant to present their case.
b)

The goal is to assess whether there is enough evidence (probable cause) to proceed with criminal charges.

c)
To provide a sentencing recommendation.
d)
To determine the guilt of the accused.
43.

Which example below would be a violation of the Eighth Amendment?

a)

Bail was set too high

b)

Evidence for trial was collected illegally

c)

Defendant was in jail for two weeks before Initial Appearance

d)

Defendant was charged with posting an offensive Instagram post

44.

Which example below is a violation of the Sixth Amendment? (Select TWO answers!)

a)

Defendant was not granted council

b)

Bail was set too high

c)

Jury was biased

d)

Defendant was forced to testify in court

45.

Which answer below shows the Fourth Amendment?

a)

Search & Seizure; outlines how evidence can be obtained legally

b)

Protects against excessive bail, fines, and cruel and unusual punishments

c)

Speedy & fair trial; right to council

d)

Self-Incrimination

46.

Which answer below shows the Fifth Amendment?

a)

Search & Seizure; outlines how evidence can be obtained legally

b)

Protects against excessive bail, fines, and cruel and unusual punishments

c)

Speedy & fair trial; right to council

d)

Self-Incrimination

47.

Which answer below shows the Sixth Amendment?

a)

Search & Seizure; outlines how evidence can be obtained legally

b)

Protects against excessive bail, fines, and cruel and unusual punishments

c)

Speedy & fair trial; right to council

d)

Self-Incrimination

48.

Which answer below shows the Eighth Amendment?

a)

Search & Seizure; outlines how evidence can be obtained legally

b)

Protects against excessive bail, fines, and cruel and unusual punishments

c)

Speedy & fair trial; right to council

d)

Self-Incrimination