WorksheetsLaw & Justice Chapter 5: Pretrial Procedures
Total questions: 48
Worksheet time: 24mins
"Judge sets bail, informs defendant of charges, and makes sure defendant understands his or her right to council"
Initial Appearance
Arraignment
Pretrial motion
Plea bargain
"the defense and the defendant enter their plea to the court"
Initial Appearance
Arraignment
Jury Selection
Criminal Trial
Which is not a guilty plea?
Entrapment
Self-Defense
Intoxication
Coercion
Which is not a Not-Guilty plea?
Entrapment
Age
Intoxication
Insanity
"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."
Entrapment
Coercion
Necessity
Self-defense
"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."
Entrapment
Coercion
Necessity
Self-defense
"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."
Entrapment
Coercion
Necessity
Self-defense
"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."
Entrapment
Coercion
Necessity
Self-defense
"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."
Age
Mistake
Intoxication
Insanity
"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. "
Age
Mistake
Intoxication
Insanity
"The Defendant Must Prove That: He or she had diminished control over his or her actions due to the influence of alcohol or drugs."
Age
Mistake
Intoxication
Insanity
"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."
Age
Mistake
Intoxication
Insanity
A "Crime of Passion" would fall under which Not-Guilty plea?
Age
Mistake
Intoxication
Insanity
"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."
Booking
Initial Appearance
Arraignment
Trial
Two sides in a criminal case:
Prosecution and Defense
Prosecutor and Defense Attorney
Indigent Defender and Private Attorney
There are three sides in a criminal case
"Defendants who can't afford legal counsel on their own."`
Indigent Defender
Poverty
Private Defender
5th Amendment
"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."
Gideon v. Wainwright (1963)
Argersinger v. Hamlin (1972)
Strickland v. Washington (1984)
"The US Supreme Court extended the right to a lawyer to all cases that might result in imprisonment. "
Gideon v. Wainwright (1963)
Argersinger v. Hamlin (1972)
Strickland v. Washington (1984)
"The U.S. Supreme Court held that the Sixth Amendment guarantees access to qualified counsel, which is fundamental to a fair trial. "
Gideon v. Wainwright (1963)
Argersinger v. Hamlin (1972)
Strickland v. Washington (1984)
Which is not a factor when a judge sets bail?
Overcrowded jails
Uncertainty around the case
How dangerous the individual is
All of these are factors
A plea-bargain is usually associated with what plea?
Guilty
Not-Guilty
"when a defendant pleads guilty in order to receive a shorter sentence, lesser counts, or for some charges to be dropped"
Plea Bargain
Indigent Defender
No Contest Plea
Pretrial Motion
Which is more common in pretrial procedures?
Insanity pleas
Not-Guilty Pleas
Guilty Pleas
Stand-Your-Ground Law:
establishes a right by which a person may defend one's self or others against threats or perceived threats
Government can not take your land
Establishes right to council
Major factor in sanity tests such as Durham Rule, M'Naghten Rule, and Model Penal Code:
Criminal intent
Mental capacity/deficiency
Accomplices
Premeditation
What percentage of criminal cases include an insanity plea?
15%
1%
60%
30%
What is the goal of the Grand Jury and a Preliminary Hearing?
To establish probable cause
To analyze the evidence to see if a criminal trial should take place
For the judge to hear arguments from both sides before trial (except in a Grand Jury hearing)
All of these are goals of the Grand Jury and Preliminary Hearing
What is handed down if the Grand Jury finds probable cause?
An Indictment
An Information
What is handed down/filed at a Preliminary Hearing if probable cause is found?
An Indictment
An Information
(T/F) All states require the use of a Grand Jury in pretrial procedure.
True
False
How many jurors are on a criminal case?
6
9
12
23
Stages of jury selection:
Master Jury List, Venire, "Voir Dire"
Venire, Master Jury List, "Voir Dire"
"Voir Dire," Master Jury List, Venire
Venire, "Voir Dire," Master Jury List
Things to look for in a jury during jury selection:
Impartiality
Unbiased
Fair
Court must look for all of these things in jury selection
What is Challenge for Cause?
When the a juror is removed because the lawyers and judge agree the individual cannot be fair
When lawyers excuse jurors without giving a reason
What is a Preemptory Challenge?
When the a juror is removed because the lawyers and judge agree the individual cannot be fair
When lawyers excuse jurors without giving a reason
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.
Motion to Suppress
Discovery Motion
Motion to Change Venue
Motion to Disclose Identity of Informant
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.
Motion to Suppress
Discovery Motion
Motion to Change Venue
Motion to Disclose Identity of Informant
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.
Motion to Suppress
Discovery Motion
Motion to Change Venue
Motion to Disclose Identity of Informant
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.
Motion to Suppress
Discovery Motion
Motion to Change Venue
Motion to Disclose Identity of Informant
Choose all of the rules/guidelines you must follow if you are a juror:
Don’t discuss the case with anyone.
Don’t post anything about the case on any social media sites (Facebook, Twitter, etc.).
Don’t discuss the case with other jurors.
Don’t research the case. For example, don’t visit the crime scene or look anything up on the internet.
All of these are rules/guidelines
T/F: the defendant, alongside the Defense, can change their not-guilty plea to a guilty plea at any time.
True
False
What is the goal of a Grand Jury Hearing and/or Preliminary Hearing?
The goal is to assess whether there is enough evidence (probable cause) to proceed with criminal charges.
Which example below would be a violation of the Eighth Amendment?
Bail was set too high
Evidence for trial was collected illegally
Defendant was in jail for two weeks before Initial Appearance
Defendant was charged with posting an offensive Instagram post
Which example below is a violation of the Sixth Amendment? (Select TWO answers!)
Defendant was not granted council
Bail was set too high
Jury was biased
Defendant was forced to testify in court
Which answer below shows the Fourth Amendment?
Search & Seizure; outlines how evidence can be obtained legally
Protects against excessive bail, fines, and cruel and unusual punishments
Speedy & fair trial; right to council
Self-Incrimination
Which answer below shows the Fifth Amendment?
Search & Seizure; outlines how evidence can be obtained legally
Protects against excessive bail, fines, and cruel and unusual punishments
Speedy & fair trial; right to council
Self-Incrimination
Which answer below shows the Sixth Amendment?
Search & Seizure; outlines how evidence can be obtained legally
Protects against excessive bail, fines, and cruel and unusual punishments
Speedy & fair trial; right to council
Self-Incrimination
Which answer below shows the Eighth Amendment?
Search & Seizure; outlines how evidence can be obtained legally
Protects against excessive bail, fines, and cruel and unusual punishments
Speedy & fair trial; right to council
Self-Incrimination
