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The Pretrial and Trial Process MCQ

_____ is examination of potential jurors.

The suspect’s car

A public street

Voir dire

All of these

Answer

Correct Answer: Voir dire

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Is vicinage selection of the jury from the area in which the crime is committed?

True

False

Answer

Correct Answer: True

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_____ is known as location of the trial.

Elkins v. United States

Weeks v. United States

All of these

Venue

Answer

Correct Answer: Venue

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_____ is defined as group of individuals from which a jury is selected.

A probation officer

Venire

All of these

The jury foreman

Answer

Correct Answer: Venire

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_____ is a witness may not be prosecuted based on information derived from his or her testimony.

The arraignment

The arrest

None of these

Use and derivative use immunity

Answer

Correct Answer: Use and derivative use immunity

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Is true bill records the names of the grand jurors issuing an indictment?

False

True

Answer

Correct Answer: True

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_____ is known as exemption from prosecution for any offense arising out of the act or transaction that is the subject of a witness’s testimony.

The Halsted Act

All of these

Transactional immunity

FISC

Answer

Correct Answer: Transactional immunity

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_____ is defined as a court order to produce documents.

Spinelli v. United States

Subpoena duces tecum

Aguilar v. Texas

None of these

Answer

Correct Answer: Subpoena duces tecum

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_____ is a court order to produce a tangible object.

Reasonable suspicion

Subpoena ad testificandum

All of these

Beyond a reasonable doubt

Answer

Correct Answer: Subpoena ad testificandum

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Is speedy trial sixth Amendment right to a trial without unreasonable delay?

False

True

Answer

Correct Answer: True

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_____ is known as substantial underrepresentation of a group on the jury venire.

With authority

Under color of law

Rule of exclusion

None of these

Answer

Correct Answer: Rule of exclusion

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_____ is defined as judge should remove himself or herself from a case based on a conflict of interest or bias.

Challenge for cause

Silent challenge

All of these

Recusal

Answer

Correct Answer: Recusal

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_____ is the defense case at trial.

Fairness

All of these

Regularity

Rebuttal

Answer

Correct Answer: Rebuttal

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Is reasonable doubt the standard for a criminal conviction?

True

False

Answer

Correct Answer: True

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_____ is known as selecting the grand jury.

Executive order

All of these

Judicial order

Purging the grand jury

Answer

Correct Answer: Purging the grand jury

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_____ is defined as motions filed before the beginning of a criminal trial.

All of these

Pretrial motions

Cell phone

Total incorporation plus

Answer

Correct Answer: Pretrial motions

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_____ is A report filed by a grand jury with the court on criminal activity.

Presentment

The reasonable border

None of these

The border’s searching area

Answer

Correct Answer: Presentment

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Is preliminary hearing determination whether a defendant should be bound over for trial?

True

False

Answer

Correct Answer: True

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_____ is known as agreement to plead guilty in return for a reduction in charges or other considerations.

Challenge without cause

Silent challenge

None of these

Plea bargain

Answer

Correct Answer: Plea bargain

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_____ is defined as the jury.

The Halsted Act

FISA

All of these

Petit jury

Answer

Correct Answer: Petit jury

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_____ is removal of jurors without an obligation to state a reason.

Peremptory challenge

A probation officer

The bailiff

None of these

Answer

Correct Answer: Peremptory challenge

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Is pattern jury instructions standard jury instructions?

False

True

Answer

Correct Answer: True

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_____ is known as the prosecutor and defense attorney each indicate at the beginning of the trial the evidence that they plan to introduce during the trial.

Before the police have reasonable suspicion

Opening statement

Release on recognizance

None of these

Answer

Correct Answer: Opening statement

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_____ is defined as “No contest”; requires the permission of the court. This plea is used when a defendant, while not admitting guilt, does not dispute the charge.

None of these

Articulable suspicion

Nolo contendere

Specific suspicion

Answer

Correct Answer: Nolo contendere

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_____ is testimony from jurors about internal jury decision making will not be used to attack a jury verdict.

No-impeachment rule

None of these

Reasonable suspicion

No level of proof is required for this type of search

Answer

Correct Answer: No-impeachment rule

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Is no bill the grand jury refuses to indict an individual?

False

True

Answer

Correct Answer: True

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_____ is known as motion based on contention that “no reasonable juror could conclude that guilt was proven beyond a reasonable doubt.”

All of these

Motion for a judgment of acquittal

Answer

Correct Answer: Motion for a judgment of acquittal

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_____ is defined as four states require indictments for felonies punishable by capital punishment and life imprisonment.

Terry v. Ohio

Testimonial evidence

Modified indictment states

All of these

Answer

Correct Answer: Modified indictment states

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_____ is a fundamental error that causes cancellation of a trial.

Mistrial

None of these

Motor vehicle checkpoints

Administrative searches

Answer

Correct Answer: Mistrial

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Is miscarriage an individual may be subjected to a second trial despite the fact that jeopardy has attached?

False

True

Answer

Correct Answer: True

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_____ is known as a mistrial based on the conclusion that public justice will not be served by continuing with the trial.

Polygraph

None of these

Manifest necessity

New judicial federalism

Answer

Correct Answer: Manifest necessity

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_____ is defined as potential jurors are selected by a small group of individuals.

Curtilage

Key man

None of these

Expanded home

Answer

Correct Answer: Key man

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_____ is a questioning of individual jurors regarding whether they support the jury verdict.

The arrest

All of these

Jury poll

The arraignment

Answer

Correct Answer: Jury poll

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Is jury nullification a jury’s refusal to follow the law and acquittal of a defendant?

True

False

Answer

Correct Answer: True

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_____ is known as a judge’s direction to the jury regarding the law.

Fruit of the poisonous tree

Jury instructions

All of these

Common law

Answer

Correct Answer: Jury instructions

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_____ is defined as a prosecutor’s closing statement that responds to a statement by the defense attorney.

Before the police discover contraband

All of these

Invited response

Before the police have reasonable suspicion

Answer

Correct Answer: Invited response

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_____ is a jury unable to reach a verdict.

Immediately upon arrest

Hung jury

Before custodial interrogation

All of these

Answer

Correct Answer: Hung jury

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Is hearsay a witness’s testimony about what someone else said that is introduced to prove the “truth” of a fact or facts?

False

True

Answer

Correct Answer: True

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_____ is known as the jury must be selected from a group of individuals that fairly represents the community.

Papers

Fair cross section of the community

All of these

People

Answer

Correct Answer: Fair cross section of the community

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_____ is defined as the judge instructs jurors who are in the minority to reconsider the reasonableness of their views.

None of these

Dynamite charge

Royal law

Standard law

Answer

Correct Answer: Dynamite charge

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_____ is an individual may be prosecuted twice for the same offense by different jurisdictions.

All of these

Objective test for entrapment

Abandoned property

Dual sovereignty doctrine

Answer

Correct Answer: Dual sovereignty doctrine

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Is double jeopardy prosecuting a defendant in the same jurisdiction on two occasions for the same offense?

False

True

Answer

Correct Answer: True

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_____ is known as questions regarding the direct testimony of a witness.

All of these

Case-in-chief

Cross-examination

Papers

Answer

Correct Answer: Cross-examination

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_____ is defined as sixth Amendment right of a defendant to confront his or her accusers.

Confrontation Clause

Initiation

The voluntary test

All of these

Answer

Correct Answer: Confrontation Clause

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_____ is sixth Amendment right to compel the appearance of witnesses.

With the power of the state

With authority

None of these

Compulsory Process Clause

Answer

Correct Answer: Compulsory Process Clause

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Is collateral estoppel a fact established in a trial is assumed to be established in other prosecutions?

True

False

Answer

Correct Answer: True

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_____ is known as summary of the evidence by the prosecutor and defense.

Weeks v. United States

Nolle prosequi

None of these

Closing arguments

Answer

Correct Answer: Closing arguments

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_____ is defined as a juror may be excluded from the jury based on an actual or presumed inability to impartially evaluate the evidence.

Challenge for cause

None of these

Modified reasonable suspicion

Gerstein hearing

Answer

Correct Answer: Challenge for cause

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_____ is the presentation of the prosecution’s evidence at trial.

Cars

Papers

All of these

Case-in-chief

Answer

Correct Answer: Case-in-chief

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Is burden of proof prosecution must prove every element of a criminal charge beyond a reasonable doubt?

True

False

Answer

Correct Answer: True

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_____ is known as The prosecution is required to turn over exculpatory information to the accused.

First

Brady rule

All of these

Fifth

Answer

Correct Answer: Brady rule

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_____ is defined as Double jeopardy prohibits prosecuting individuals for criminal offenses that have the same elements.

Total incorporation plus

Blockburger test

Wedding ring

All of these

Answer

Correct Answer: Blockburger test

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_____ is each element of a criminal offense must be established beyond a reasonable doubt.

Anonymous tip

Beyond a reasonable doubt

All of these

Showups

Answer

Correct Answer: Beyond a reasonable doubt

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Is arraignment the defendant is informed of the charges against him or her and is required to enter a plea?

False

True

Answer

Correct Answer: True

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The method by which an attorney may remove a prospective juror without providing an explanation is the ______.

Peremptory challenge

Silent challenge

Challenge for cause

Challenge without cause

Answer

Correct Answer: Peremptory challenge

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According to the U.S. Supreme Court, what is the minimum number of jurors allowed for a federal criminal trial?

Answer

Correct Answer: 12

Note: This Question is unanswered, help us to find answer for this one

All of the following are known as motion practice EXCEPT ______.

Double jeopardy

Change of defense attorney

Discovery

Suppression of evidence

Answer

Correct Answer: Change of defense attorney

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At which stage in the criminal process is the defendant formally indicted?

The initial appearance

The arraignment

The preliminary hearing

The arrest

Answer

Correct Answer: The arraignment

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The primary purpose of the grand jury is to ______.

Return an indictment

Determine the facts of the case

Determine a suspect’s guilt

Determine the best sentence for a defendant

Answer

Correct Answer: Return an indictment

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Motions for acquittal are rarely granted.

True

False

Answer

Correct Answer: True

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Even if only one juror disagrees with the others, should a jury become deadlocked, the judge cannot interfere or even ask the jury to attempt to convince the lone dissenter.

True

False

Answer

Correct Answer: False

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In order to convict a defendant, the jury (or judge in a bench trial) must find the defendant guilty beyond all doubt.

True

False

Answer

Correct Answer: False

Note: This Question is unanswered, help us to find answer for this one

In order to convict a defendant, the prosecution must establish every necessary element of the crime in question beyond a reasonable doubt.

True

False

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

Individuals selected from a jury pool for the venire are to be selected randomly.

True

False

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

The purpose of discovery is to ensure both sides have all of the available evidence.

True

False

Answer

Correct Answer: False

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Perhaps the most common justification for a motion for a change of venue is pervasive and disruptive media coverage.

True

False

Answer

Correct Answer: True

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Protection against double jeopardy is found in the Fifth Amendment.

True

False

Answer

Correct Answer: True

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All states are required to use a grand jury to indict all felonies.

True

False

Answer

Correct Answer: False

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Most states follow the probable cause standard to bind a defendant for trial.

True

False

Answer

Correct Answer: True

Note: This Question is unanswered, help us to find answer for this one

More Criminal Procedure (U.S.) Subjects

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Probable Cause and Arrests

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The Exclusionary Rule and Entrapment

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The Initiation of the Legal Process, Bail, and the Right to Counsel

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The Pretrial and Trial Process MCQ

_____ is examination of potential jurors.

Is vicinage selection of the jury from the area in which the crime is committed?

_____ is known as location of the trial.

_____ is defined as group of individuals from which a jury is selected.

_____ is a witness may not be prosecuted based on information derived from his or her testimony.

Is true bill records the names of the grand jurors issuing an indictment?

_____ is known as exemption from prosecution for any offense arising out of the act or transaction that is the subject of a witness’s testimony.

_____ is defined as a court order to produce documents.

_____ is a court order to produce a tangible object.

Is speedy trial sixth Amendment right to a trial without unreasonable delay?

_____ is known as substantial underrepresentation of a group on the jury venire.

_____ is defined as judge should remove himself or herself from a case based on a conflict of interest or bias.

_____ is the defense case at trial.

Is reasonable doubt the standard for a criminal conviction?

_____ is known as selecting the grand jury.

_____ is defined as motions filed before the beginning of a criminal trial.

_____ is A report filed by a grand jury with the court on criminal activity.

Is preliminary hearing determination whether a defendant should be bound over for trial?

_____ is known as agreement to plead guilty in return for a reduction in charges or other considerations.

_____ is defined as the jury.

_____ is removal of jurors without an obligation to state a reason.

Is pattern jury instructions standard jury instructions?

_____ is known as the prosecutor and defense attorney each indicate at the beginning of the trial the evidence that they plan to introduce during the trial.

_____ is defined as “No contest”; requires the permission of the court. This plea is used when a defendant, while not admitting guilt, does not dispute the charge.

_____ is testimony from jurors about internal jury decision making will not be used to attack a jury verdict.

Is no bill the grand jury refuses to indict an individual?

_____ is known as motion based on contention that “no reasonable juror could conclude that guilt was proven beyond a reasonable doubt.”

_____ is defined as four states require indictments for felonies punishable by capital punishment and life imprisonment.

_____ is a fundamental error that causes cancellation of a trial.

Is miscarriage an individual may be subjected to a second trial despite the fact that jeopardy has attached?

_____ is known as a mistrial based on the conclusion that public justice will not be served by continuing with the trial.

_____ is defined as potential jurors are selected by a small group of individuals.

_____ is a questioning of individual jurors regarding whether they support the jury verdict.

Is jury nullification a jury’s refusal to follow the law and acquittal of a defendant?

_____ is known as a judge’s direction to the jury regarding the law.

_____ is defined as a prosecutor’s closing statement that responds to a statement by the defense attorney.

_____ is a jury unable to reach a verdict.

Is hearsay a witness’s testimony about what someone else said that is introduced to prove the “truth” of a fact or facts?

_____ is known as the jury must be selected from a group of individuals that fairly represents the community.

_____ is defined as the judge instructs jurors who are in the minority to reconsider the reasonableness of their views.

_____ is an individual may be prosecuted twice for the same offense by different jurisdictions.

Is double jeopardy prosecuting a defendant in the same jurisdiction on two occasions for the same offense?

_____ is known as questions regarding the direct testimony of a witness.

_____ is defined as sixth Amendment right of a defendant to confront his or her accusers.

_____ is sixth Amendment right to compel the appearance of witnesses.

Is collateral estoppel a fact established in a trial is assumed to be established in other prosecutions?

_____ is known as summary of the evidence by the prosecutor and defense.

_____ is defined as a juror may be excluded from the jury based on an actual or presumed inability to impartially evaluate the evidence.

_____ is the presentation of the prosecution’s evidence at trial.

Is burden of proof prosecution must prove every element of a criminal charge beyond a reasonable doubt?

_____ is known as The prosecution is required to turn over exculpatory information to the accused.

_____ is defined as Double jeopardy prohibits prosecuting individu­als for criminal offenses that have the same elements.

_____ is each element of a criminal offense must be established beyond a reasonable doubt.

Is arraignment the defendant is informed of the charges against him or her and is required to enter a plea?

The method by which an attorney may remove a prospective juror without providing an explanation is the ______.

According to the U.S. Supreme Court, what is the minimum number of jurors allowed for a federal criminal trial?

All of the following are known as motion practice EXCEPT ______.

At which stage in the criminal process is the defendant formally indicted?

The primary purpose of the grand jury is to ______.

Motions for acquittal are rarely granted.

Even if only one juror disagrees with the others, should a jury become deadlocked, the judge cannot interfere or even ask the jury to attempt to convince the lone dissenter.

In order to convict a defendant, the jury (or judge in a bench trial) must find the defendant guilty beyond all doubt.

In order to convict a defendant, the prosecution must establish every necessary element of the crime in question beyond a reasonable doubt.

Individuals selected from a jury pool for the venire are to be selected randomly.

The purpose of discovery is to ensure both sides have all of the available evidence.

Perhaps the most common justification for a motion for a change of venue is pervasive and disruptive media coverage.

Protection against double jeopardy is found in the Fifth Amendment.

All states are required to use a grand jury to indict all felonies.

Most states follow the probable cause standard to bind a defendant for trial.

_____ is defined as Double jeopardy prohibits prosecuting individuals for criminal offenses that have the same elements.