SURVEY OF CRIMINAL JUSTICE CRIMINAL JUSTICE 101 QUIZ # 6 TRUE/FALSE ______ 1. The majority of felony cases brought to the prosecutor go to trial. ______ 2. Change of Venue is a pre-trial motion used in order to find an unbiased jury as well as to enhance the attorney's bargaining position. ______ 3. Defendants have the right to waive a jury. ______ 4. Jeopardy attaches when the defense rests. ______ 5. The judge has the power to overrule a guilty verdict by a jury with a judgment of acquittal. ______ 6. The arraignment involves the communication of charges, communication of rights and the entering of a plea, much like the initial appearance in the minor trial court. ______ 7. U.S. v Salerno states that there is a constitutional right to bail. ______ 8. Juries tend to be more lenient in their verdicts than judges. ______ 9. If the jury is deadlocked and is unable to reach a unanimous decision, a mistrial is generally declared and a new trial is usually ordered. ______ 10. Attornies have an unlimited number of dismissals for cause that can be used during the voir dire process. ______ 11. The Role Model Theory states that when legislature passes a good law, society looks up to that law and abides by it. ______ 12. The local legal culture is what differentiates the administration of justice process from one community to another. ______ 13. In the case of Brady v. U.S., the Supreme Court ruled that plea bargaining is legal if the attorney is present to protect the defendant's rights, the plea is made with a full knowledge of the consequences, and if it is made involuntarily. MULTIPLE CHOICE ______ 1. Which of the following is NOT an option if the judge does not find probable cause? A. defendant goes free B. "writ of information" filed by prosecutor C. grand jury indictment D. authorization of different charges E. all of the above are options ______ 2. Which case applied the exclusionary rule to the states? A. Gideon v. Wainwright B. Mapp v. Ohio C. Miranda v. Arizona D. Wilson v. Arkansas ______ 3. Which of the following do not require probable cause as a standard? A. complaint authorization by the prosecutor B. bind over by the judge C. writ of information by the prosecutor D. grand jury indictment E. all require probable cause ______ 4. Which of the following does NOT occur before the preliminary hearing in the justice process? A. arraignment B. initial appearance C. arrangement of bail D. authorization of complaint ______ 5. A motion to delay the trial for a "legal reason" is called a __________. A. bind over B. change of venue C. continuance D. amicus curiae ______ 6. The court case that established the right to trial by jury for those charged with an offense potentially punishable by 6 months of imprisonment or more is: A. Duncan v. Louisiana B. U.S. v. Havens C. Duncan v. Ohio D. Harris v. U.S. ______ 7. In which case did the court rule that bail may be denied if the judge has probable cause to believe that the individual will fail to appear for court: A. Stack v. Boyle B. Duncan v. Louisiana C. U.S. v. Salerno D. Brady v. U.S. ______ 8. The process of empaneling a jury is called, A. allocution B. corum nobis C. voir dire D. amicus curiae ______ 9. In which case did the court rule that individuals do not have a right to waive a jury trial: A. Singer v. U.S. B. Miranda v. Arizona C. Stack v. Boyle D. Duncan v. Louisiana ______ 10. This hearing is held to test the strength of the state's a case. The state must demonstrate a probable cause standard. If the judge believes the standard has been met, the case is bound over. A. initial appearance B. arraignment C. preliminary hearing D. none of the above are relevant Assuming the defendant was charged with a felony, number these in the order in which they would happen as the defendant went through the justice system: ______ defense makes a motion for a continuance ______ inventory of belongings of the defendant ______ plea is entered in a major trial court ______ complaint is authorized by the prosecutor ______ legislature determines the penalty for violating the law ______ defendant elects to have a jury trial ______ defendant is formally charged in a minor court ______ prosecution calls first witness at trial ______ law enforcement officers investigate the crime ______ jeopardy attaches ANSWER KEY QUIZ # 6 TRUE/FALSE 1. False - approximately 2/3 of the felony cases brought to the prosecutor are completely dropped - only about 4% actually go to trial 2. False - the goal is to seat a fundamentally fair jury, not an unbiased jury 3. False - Singer v. U.S. states that defendants do not have the right to waive a jury trial 4. False - jeopardy attaches when the state rests 5. True 6. True 7. False - there is no constitutional right to bail - U.S. v. Salerno states that a judge may deny bail if there is a concern about the dangerousness of the defendant 8. True 9. True 10. True - unlimited number of cause dismissals; 3 pre-emptory challenges 11. False - when we believe that our leaders are behaving ethically, we will behave ethically; when we believe that our leaders are behaving unethically, we will behave unethically 12. True 13. False - tricky, tricky; its voluntarily MULTIPLE CHOICE 1. E - all of the above are options 2. B - Mapp v. Ohio 3. E - all of the above utilize probable cause as the standard 4. A - arraignment 5. C - continuance 6. A - Duncan v. Louisiana 7. A - Stack v. Boyle 8. C - voir dire 9. A - Singer v. U.S. 10. C - preliminary hearing ORDER OF THE JUSTICE SYSTEM PROCESS: 1. legislature determines the penalty for violating the law 2. law enforcement officers investigate the crime 3. inventory of belongings of the defendant 4. complaint is authorized by the prosecutor 5. defendant is formally charged in a minor court 6. plea is entered in a major trial court 7. defense makes a motion for a continuance 8. defendant elects to have a jury trial 9. prosecution calls first witness at trial 10. jeopardy attaches