CJ 2400
Understanding Procedural Law
Chapter 2                                                      

 

Indicate on the Grade Master Answer Form the best answer to the question by completely marking the box for the letter corresponding to the correct response.  “True” is “A” and “False” is “B” on the Form.  If your name is not on the Answer Form, you will not receive credit. 

 

Multiple Choice

 

1.         The ________________ is an early post arrest hearing of the criminal justice process in which the charges are read to the arrestee and the court typically asks the arrestee to enter a plea to the charges.

 

a.         arraignment

b.         information

c.         booking

d.         arrest

 

2.         Jury instructions are given by the:

 

a.         prosecutor

b.         defense attorney

c.         judge

d.         police

 

3.         The seizure of the body of a person, under the authority of government, for whom probable exists to warrant a person of reasonable caution to hold the belief that the seized person has committed a crime is a(n):

 

a.         indictment.

b.         information.

c.         arrest.

d.         arraignment.

 

4.         A defendant in a criminal case within the United States, whether the prosecution is in state court or federal court has a Sixth Amendment right to a trial by jury

 

a.         when the potential sentence is at least two months incarceration.

b.         when the potential sentence is at least four months incarceration.

c.         when the potential sentence is greater than six months.

d.         when the potential sentence is greater than nine months.

 

 

5.         In a state case where a defendant receives a criminal conviction following a trial, that defendant

 

a.         has no absolute federal constitutional right to file any appeal.

b.         has a state statutory right to file one appeal to the intermediate court of appeals.

c.         can file one appeal with the state court of appeals and if the defendant is                                     dissatisfied with that outcome, he or she may require the supreme court of the                             state to hear the case.

d.         both answer a and answer b state correct answers.

           

6.         A man allegedly robbed a federally insured bank in the state of Illinois.  Eyewitnesses fail to make a positive and unmistakable identification of the defendant at his federal criminal trial.  The jury acquitted the defendant for federal robbery.  On these facts:

 

a.         The defendant cannot be tried again for this particular robbery by the federal                                     government.

b.         The defendant cannot be tried by the State of Illinois because the defendant has                                     the right not to be tried twice for the same crime under the Fifth Amendment.

c.         The state of Illinois can properly indict, try, and convicted defendant for state bank robbery of the very same bank that he was acquitted of robbery under federal law without violating the Fifth Amendment protection against double jeopardy.

d.         Answers a and c both state correct responses.

           

7.         In order for a criminal defendant to have the Supreme Court of the United States hear his or her case, the court must first issue:

 

a.         A writ of certiorari.

b.         A writ of habeas corpus ad testificandium.

c.         A writ of supersedeas.

d.         A writ of habeas corpus.

 

8.         ____________________ are guidelines of the law that the trial judge reads to the jury before it retires to consider the case which is the law that is applied to the case.

 

a.         Opening arguments

b.         Evidence

c.         Jury instructions

d.         Closing arguments

 

 

9.         An agreement in which a defendant agrees to plead guilty to a specific charge or charges in exchange for the government’s agreement to dismiss other charges and/or for an agreed sentence or recommendation of sentence is a(n):

 

a.         pretrial motion

b.         sentencing agreement

c.         probation agreement

d.         plea bargain

 

10.       In state courts, a defendant may be formally charged with a crime by either a grand jury indictment or the filing by the prosecutor of a(n):

 

a.         information.

b.         motion.

c.         warrant.

d.         None of the above.

 

11.       In federal courts, a defendant may be formally charged with a crime by either a grand jury indictment or the filing by the U. S. attorney of a(n):

 

a.         information.

b.         motion.

c.         warrant.

d.         None of the above.

 

12.       A motion that must be filed prior to a trial is a:

 

a.         discretionary pretrial motion.

b.         frivolous pretrial motion.

c.         evidentiary pretrial motion.

d.         mandatory pretrial motion.

 

13.       The group of individuals that determine whether probable cause exists to believe that a person has committed a specific offense or offenses and whether that person should be charged or indicted is a(n):

 

a.         judge’s panel.

b.         prosecutor’s panel.

c.         grand jury.

d.         petit jury.

 

 

14.       The group of individuals that determine the guilt or innocence of an accused is a(n):

 

a.         judge’s panel.

b.         prosecutor’s panel.

c.         grand jury.

d.         petit jury.

 

15.       An early hearing in the criminal justice process where a court determines whether probable cause exists to detain the defendant and where the prosecution may be required to put on a prima facie case is a(n):

 

a.         grand jury

b.         arrest

c.         preliminary hearing

d.         arraignment

 

16.       Which of the following is not a motion that must be filed prior to trial?

 

a.         Double jeopardy claim.

b.         Speedy trial allegation.

c.         Change in trial venue.

d.         Separation of witnesses.

           

17.       A trial in which the judge is both the trier of fact and decider of law is a(n):

 

a.         jury trial.

b.         bench trial.

c.         appeal.

d.         petit trial.

 

18.       Every criminal defendant found guilty has the right to at least _____ appeal(s).

 

a.         one (1)

b.         two (2)

c.         three (3)

d.         A defendant has no right to an appeal.

 

 

19.       Serious consequences follow a violation of the right to a speedy trial.  Where a court determines that a defendant’s constitutional right under the Sixth Amendment has been violated, the remedy for the violation:

 

a.         is to reset the case for trial and bring the case to the top of the docket ahead of                                     newer cases.

b.         involves the judge issuing an apology to the defendant for the violation of his                                     constitutional rights.

c.         is a reduction in the amount of time served that is equal to the length of the                               violation of the right to a speedy trial.

d.         is dismissal of the case with the inability to bring it back at any later time.

           

20.       For a criminal defendant to have a case heard by the Supreme Court of the United States, ______ justices out of nine justices must vote to hear the case.

 

a.         four (4)

b.         five (5)

c.         six (6)

d.         None of the above.  The Chief Justice decides.

 

TRUE/FALSE: “True” is “A” and “False” is “B” on the Grade Master Answer Form.

 

21.       A defendant in a criminal case within the United States, whether the prosecution is in state court or federal court has a sixth amendment right to a trial by jury or the potential sentence is greater than six months incarceration.

 

22.       Following a criminal trial, every person who receives a conviction is entitled to make at least one appeal as a matter of legal right

 

23.       The power of a state of the United States to undertake criminal prosecutions derives from separate and independent sources of power and authority originally belonging to them before their admission to the Union and are not dependent upon any power conferred by the government of the United States.

 

24.       For a criminal defendant to have a case heard by the Supreme Court of the United States, five justices out of nine justices must vote to hear the case.

 

25.       The Supreme Court has determined that the federal Fifth Amendment right to a grand jury indictment did not apply to the states through the due process clause of the Fourteenth Amendment so as to require a state to use a grand jury to initiate a serious criminal case.

 

26.       Typically, if a defendant does not have legal counsel at an arraignment, the judge will appoint legal counsel for the indigent defendant at that time.

 

27.       In order to assist a trial jury in understanding the evidence that has been presented, closing arguments by both the prosecution and defense counsel are considered evidence in the case and the jury may rely upon that evidence in reaching a decision.

 

28.       In federal prosecutions where a jury vote fails to be unanimous and in state courts that require unanimous verdicts like in federal courts, a non-unanimous jury vote does not constitute a verdict on the merits and will generally permit a defendant to be tried for a second time. 

 

29.       A prosecutor who has in her possession evidence that might indicate the innocence of the defendant is under no duty, even after a defense request, to offer the exculpatory evidence of innocence to the defense attorney.

 

30.       The rules of evidence do not apply at grand jury proceedings and illegally seized evidence may be considered by the grand jurors in reaching a decision to indict a targeted individual.