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