Chapter 17: The Pretrial Process 1. Minor misdemeanors are often tried summarily before a judge or magistrate. Answer: True 2. Under early common law, defendants had the right to counsel in felony cases but not in misdemeanor cases. Answer: False 3. The Supreme Court has held that indigents accused of felonies have the right to be represented by counsel at public expense. Answer: True 4. The Supreme Court has said that an indigent person accused of any crime, even a minor misdemeanor, has the right to be represented by counsel at public expense. Answer: False 5. The Supreme Court has held that persons charged with felonies have the right to represent themselves in court. Answer: True 6. The Eighth Amendment of the U.S. Constitution prohibits the imposition of “excessive bail.” Answer: True 7. The Supreme Court has held that the Excessive Bail Clause of the Eighth Amendment applies to state as well as to federal criminal prosecutions. Answer: False 8. The Supreme Court has ruled that an indigent defendant may be assessed the costs of appointed counsel and that such costs may be collected later if the defendant becomes solvent. Answer: True 9. Under the English common law a grand jury consisted of twelve men. Answer: True 10. The same rules of evidence that apply to criminal trials apply to grand jury investigations. Answer: False 11. In 1967 the Supreme Court held that the speedy trial requirement of the 6th Amendment does not apply to the state courts. Answer: False 12. Most states have adopted rules allowing pretrial discovery in criminal cases. Answer: True 13. Pretrial discovery in the federal courts is broader than it is in most states. Answer: False 14. Although functionally equivalent to a guilty plea, a no-contest plea generally cannot be construed as an admission of guilt in a related civil suit. Answer: True 15. Rules of evidence that apply in criminal trials also apply to grand juries. Answer: False 16. Extradition of suspects or convicted criminals between nations is regulated by treaties, which usually provide that the crime involved must be a serious one in both nations and that the penalty for the person extradited will not be disproportionate to the crime. Answer: True 17. The Supreme Court has held that states are bound to abide by the grand jury requirement of the Fifth Amendment. Answer: False 18. The Federal Bail Reform Act of 1984 permits federal courts to detain arrestees without bail on the ground of their danger to the community. Answer: True 19. Because their discretion is so broad, prosecutors may single out persons for prosecution based on their race. Answer: False 20. Federal Rules of Criminal Procedure provide that a person arrested for a federal offense must be taken before a magistrate “without unnecessary delay” for a first appearance. Answer: True 21. An indictment is a formal criminal charge handed down by a ___________. a. magistrate b. grand jury c. trial judge d. prosecutor Answer: B 22. An indictment is also known as a(n) ___________. a. true bill b. information c. summons d. subpoena Answer: A 23. The surrender of a person accused of a crime by one state to another is known as _________. a. compulsory process b. asylum c. extradition d. asportation Answer: C 24. __________ immunity bars the use of a witness’s compelled testimony in any subsequent prosecution of that witness. a. Use b. Coextensive c. Legislative d. Reciprocal Answer: A 25. Which one of the following statements is INCORRECT? a. A postponement of a trial is termed a continuance. b. Once the trial court has accepted a guilty plea pursuant to a plea bargain, the court cannot unilaterally alter it without permitting the defendant the opportunity to withdraw the plea. c. The U.S. Supreme Court has ruled that a defendant in a criminal case has a right to bail under the Eighth Amendment to the Constitution. d. The U.S. Supreme Court has held that the Sixth Amendment right to trial by jury applies to state criminal trials via the Fourteenth Amendment. Answer: C 26. The ___________. imposes time limits for the initiation of pretrial and trial procedures in federal prosecutions. a. Fair Trial Act of 1890 b. Speedy Trial Act of 1974 c. Eighth Amendment to the U.S. Constitution d. Bail Reform Act of 1984 Answer: B 27. Which ONE of the following statements represents a CORRECT view of the law? a. The terms “venue” and “jurisdiction” are identical legal concepts. b. A criminal defendant charged with a felony has a federal constitutional right to elect to be represented by an educated lay person who is not a member of the bar. c. The Supreme Court has held that a plea of guilty containing a protestation of innocence can be made by a defendant who intelligently concludes that it is in his or her best interest. d. In practice, state and federal prosecutors have very limited discretion in determining whether to file criminal charges against a suspect. Answer: C 28. The prosecution may be required to disclose the identity of ___________ if that person was an active participant in the offense for which the defendant is being prosecuted. a. the victim b. a witness c. a confidential informant d. none of these Answer: C 29. Federal grand juries are authorized by statute to grant _______ immunity to witnesses. a. use b. contractual c. transactional d. prosecutorial Answer: A 30. At common law a grand jury consisted of ________ persons. a. twenty-three b. eighteen c. twelve d. six Answer: A 31. Which of the following functions must be performed at a defendant’s initial appearance before a judge or magistrate? a. The charges against the accused must be read. b. The accused must be informed of relevant constitutional rights, including the right to remain silent and the right to counsel. c. Determination must be made as to whether the accused will be released or detained pending trial. d. All of these Answer: D 32. Which one of the following is not a component of the pretrial process? a. sentencing of the defendant b. initial appearance c. preliminary hearing d. arraignment Answer: A 33. Which one of the following statements is CORRECT? a. The Supreme Court has ruled that witnesses appearing before a grand jury have the right to be represented by counsel before the grand jury. b. Rules of evidence are applied before a grand jury on the same basis as in a criminal trial. c. Most states have now adopted liberal rules allowing pretrial discovery in criminal cases. d. A defendant who chooses self-representation has a constitutional right to receive instructions from the presiding judge on courtroom procedures. Answer: C 34. Before accepting a defendant’s plea of guilty or nolo contendere, the Federal Rules of Criminal Procedure (and most state rules) require a trial judge to ascertain ___________. a. that the plea has been made knowingly and voluntarily b. that the plea is not the result of force or threats or of promises apart from a plea agreement c. that there is a factual basis for the plea that has been entered. d. all of these. Answer: D 35. Which one of the following statements is INCORRECT? a. The Supreme Court has held that states are not bound by the Fourteenth Amendment to abide by the grand jury requirement imposed on the federal courts by the Fifth Amendment. b. Grand juries frequently reject requests for indictment by prosecuting attorneys. c. Courts have ruled that an indictment must be dismissed if the defendant can prove that the prosecution’s delay in bringing the indictment was a deliberate device to gain an advantage of the defendant and that it has caused actual prejudice to the defendant’s ability to present a defense. d. Trial judges are accorded considerable discretion in determining whether to grant a change of venue in a criminal case. Answer: B 36. Which one of the following statements is INCORRECT? a. A federal grand jury can refuse to return an indictment requested by a United States Attorney. b. A grand jury can receive and consider hearsay testimony. c. A grand jury does not have to honor an evidentiary privilege such as the marital privilege. d. Federal grand juries comprise sixteen to twenty-three persons, yet the “12 votes for indictment” rule applies in every case. Answer: C 37. Before ruling on a motion for a change of venue, the trial judge would likely consider _____. a. the nature of pretrial publicity and the extent to which it has circulated in the community b. the time elapsing between dissemination of publicity and the date of trial c. the severity and notoriety of the offense charged d. all of these Answer: D 38. Which ONE of the following statements concerning severance of parties charged with a criminal offense is INCORRECT? a. Rules concerning joinder and severance of parties are usually spelled out in the rules of criminal procedure in each jurisdiction. b. Severance of defendants is generally granted when defendants are charged jointly but each intends to pursue inconsistent defenses. c. Severance is usually granted when one defendant’s confession implicates a codefendant who does not choose to testify at trial. d. A trial judge has broad discretion to deny a motion for severance even when counsel demonstrates that two defendants will present conflicting and irreconcilable defenses. Answer: D 39. Which ONE of the following statements is CORRECT? a. In practice state and federal prosecutors have very limited discretion in determining whether to prosecute a defendant. b. A skip tracer is one who seeks out absconding defendants to assist sureties who have posted bonds guaranteeing a defendant’s appearance before the court. c. Usually less than half of the defendants charged with felonies plead guilty at arraignment. d. The term “in camera” as used in court proceedings refers to the right of the media to photograph court proceedings. Answer: B 40. The State charged Maria Felonio with grand theft. She requests the trial court to discharge the public defender appointed to represent her and to allow her to represent herself. Which ONE of the following actions by the trial judge was IMPROPER? a. The judge informed Ms. Felonio that if the court grants her request that she cannot expect the trial judge to advise her on tactical decisions during her trial. b. The judge made a searching inquiry to determine that Ms. Felonio’s decision to opt for self-representation was voluntary and made after she was informed of the advantages for a defendant charged with a serious crime to be represented by counsel. c. The court determined that although Ms. Felonio’s decision to represent herself was knowingly and voluntarily made, she lacked the legal knowledge and skills essential to effectively represent herself before the court. d. The court approved Ms. Felonio’s request to represent herself but appointed standby counsel to be available to answer questions she may have concerning court procedures. Answer: C 41. Which ONE of the following statements concerning a motion to suppress a defendant’s confession or admissions made to the police is INCORRECT? a. The Supreme Court has ruled that a defendant has a constitutional right to have the court determine whether a confession is voluntary before it is revealed to the trial jury. b. A trial court’s ruling suppressing a defendant’s confession can never lead to a dismissal of the prosecution’s charges against the defendant. c. Generally before ruling on a motion to suppress a confession or admissions, the trial court conducts an evidentiary hearing. d. Among other inquiries, a motion to suppress a confession or admissions may bring into focus the issue of whether the police administered Miranda warnings to the defendant before obtaining the confession or admissions sought to be suppressed. Answer: B 42. In determining whether to proceed against a defendant on multiple criminal charges jointly or separately, which ONE of the following factors is the most essential consideration for a prosecutor? a. The time that will be saved in trial of the charges against the defendant if one trial is held to consider all charges pending against the defendant. b. Whether separate trials will pose an inconvenience to counsel and witnesses. c. Whether a set of violations may constitute distinct violations of criminal statutes, yet may be considered part of the “same offense” under the Double Jeopardy Clause of the U.S. Constitution. d. Whether statutes proscribing offenses charged against the defendant are described in separately enumerated statutes. Answer: C 43. Which ONE of the following statements concerning a defendant’s right to a speedy trial is INCORRECT? a. Most states have adopted speedy trial rules similar to the federal laws on speedy trials. b. Rules prescribing time limits on trials of felonies and misdemeanors tend to be rigid without any provisions for exceptions to the time limits. c. The Speedy Trial Clause of the Sixth Amendment to the U.S. Constitution has been held to be applicable to states as well as to the federal government. d. Violations of the Speedy Trial Act can result in dismissal of the charges against the defendant. Answer: B 44. The method of securing a defendant’s constitutional right to compulsory process is invoked by filing a formal written demand of a request for ___________. a. a writ of habeas corpus b. a subpoena c. identity of a confidential informant d. permission to take a discovery deposition Answer: B 45. Courts have held it to be a denial of due process if a prosecutor knowingly withholds ______ evidence from the accused. a. hearsay b. evanescent c. exculpatory d. physical Answer: C 46. __________ immunity bars any further prosecution of a witness for the specific transactions to which he or she has testified. Answer: Transactional 47. The surrender, on demand, of an individual accused or convicted of an offense within the territorial jurisdiction of the demanding government is known as _________. Answer: extradition 48. Release of an accused pending trial on the accused’s written promise to appear at all required court proceedings is a mode of pretrial release known as the accused’s ___________. Answer: personal recognizance 49. An accusatorial document filed under oath by a prosecutor charging an individual with a criminal offense is known as (a)(an) ___________. Answer: information 50. The pretrial stage when a magistrate or judge examines the government’s case to determine if there is probable cause to bind the accused over to a grand jury or to hold the accused for trial is known as a ___________. Answer: preliminary hearing 51. The federal law that provides that after a witness testifies, the government, on request of the defense, must produce the portion of any statement or report that relates to the matter as to which the witness has testified is known as the ___________ Act. Answer: Jencks 52. The federal statute that provides specific time limits for pretrial and trial procedures in federal courts is the ___________.Act of 1974. Answer: Speedy Trial 53. Granting a defendant pretrial release is commonly referred to as granting _________. Answer: bail 54. The singling out of an individual for prosecution based on that person’s race or religion is known as ___________ prosecution. Answer: selective 55. The federal law that allows a court to detain an arrestee without bail on grounds of the arrestee’s dangerousness to the community is the ___________ of 1984. Answer: Federal Bail Reform Act 56. The term _________ refers to the location of the trial. Answer: venue 57. The _________ Amendment to the Constitution guarantees a defendant in a criminal case the right to “have the compulsory process of the law to obtain witnesses in his favor.” Answer: Sixth 58. Under federal law an indictment is supposed to be filed within _________ days of arrest. Answer: thirty 59. The U.S. Constitution provides, “A Person charged in any State with _________, Felony or any other crime, who shall flee from Justice, and be found in another state, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the crime.” Answer: Treason 60. To challenge preindictment delay under the Speedy Trial Act, a defendant must show ___________ and deliberate design by the government Answer: actual prejudice 61. In routine traffic violations and minor misdemeanors, police usually issue _________ rather than make arrests. Answer: citations 62. Courts usually grant a _________ of defendants when jointly charged defendants pursue inconsistent defenses. Answer: severance 63. When an arrest is made without a warrant, a __________ is constitutionally required to determine if there is probable cause to warrant criminal prosecution. Answer: preliminary hearing 64. In 1975 the Supreme Court said a defendant has the constitutional right to elect selfrepresentation if that choice is made ___________. Answer: knowingly and intelligently 65. Rules governing __________ and severance of parties and of charges against a defendant are usually spelled out in the rules of criminal procedure in each jurisdiction. Answer: joinder In the year 2035, you graduate from law school at Emmett Brown Polytechnic University. The university’s “Department of Space-Time Inquiry” decides to send you back to the year 1935 in its newly-created time machine. Unfortunately, the machine malfunctions and you enter a cycle that has you bouncing from the year 1935 to the year 1965 to the year 1995. At each stop, you land in a public defender’s office. Your ability to return to your normal life in 2035 is dependent on your ability to successfully assist three indigent criminal defendants— one at each of your time travel stops. If you can accomplish this task, the cycle of time travel will be broken. Thankfully, your legal education has afforded you an exceptional knowledge of case law related to the “right to counsel”—and this will come in handy! 66. At your first stop, in the year 1935, a judge could appoint you to serve as a counsel for an indigent defendant if which of the following criteria is met: a. The defendant is facing any misdemeanor charge. b. The defendant is facing a felony carrying more than 5 years in prison. c. The defendant is accused of a crime that could bring the death penalty d. There are no criteria by which to determine when counsel should be appointed at this point in time, because the Supreme Court has never addressed the issue. Answer: C 67. At your second stop, in the year 1965, the rules have changed as a result of which important Supreme Court case related to appointing counsel for indigent defendants: a. Gideon v. Waiwright b. Argersinger v. Hamlin c. Miranda v. Arizona d. Miranda v. Connecticut Answer: A 68. By 1995, as a result of cases like Scott v. Illinois, the range of indigent clients that you could represent as appointed counsel has expanded to include which of the following: a. Only those facing life in prison. b. Anyone facing any misdemeanor charge c. Anyone subjected to actual imprisonment for a misdemeanor charge d. Only those facing felony charges, although length of incarceration faced is irrelevant Answer: C 69. The famous “Scottsboro Boys” case would be most relevant at which of your time travel destinations: a. 1935 b. 1965 c. 1995 d. 2035 Answer: A You are a second year law student at the prestigious Frankfurter School of Law. One of your classmates is arrested on federal drug trafficking charges and is held at the local federal detention center. You show up to visit about a week after he is first taken into custody. He informs you that his parents are willing to pay for an attorney, but have not yet done so because they are trying to save some money. Because your friend was a C student who didn’t always pay attention in class, he has some very basic legal questions for you to answer. 70. Your friend’s first question is in regard to when his attorney should arrive. Based on your understanding of Supreme Court case law, your friend is entitled to have an attorney at which of the following stages in the pre-trial process: a. preliminary hearings or grand jury proceedings b. arraignment c. lineups d. all of these Answer: D 71. Your friend expresses concern because he has been held in jail for more than a week since his arrest and has made no appearance in front of a judge. Based on your understanding of federal rules of criminal procedure and relevant case law, you surmise that: a. This delay is acceptable, and he only needs to be brought before a judge within 30 days for an initial appearance. b. This delay is unacceptable and appears to be a violation of the McNabb-Mallory rule. c. This would be a violation of the McNabb-Mallory rule, but that does not apply here because there are federal charges. d. This would be a violation of his 3rd Amendment rights Answer: B 72. Your friend has overheard jail officials talking about his case. He thinks that the government will request that he be held without bail, largely because his drug trafficking activity involved contact with suspected terrorists. As far as you can remember, the Bail Reform Act of 1984 establishes that: a. Being held without bail is always a violation of 8th Amendment rights b. One can be held without bail under certain circumstance, particularly if deemed a danger to the community c. One must be offered some monetary option for bail, even if it is a very high dollar amount d. There is a 10 million dollar maximum for bail, and that is what your friend will likely be given Answer: B Peter Pleuresy is a professional athlete. He commits a gun crime in New York City and then flees to Georgia. He is arrested there by local authorities on an unrelated drunk and disorderly charge. Georgia authorities realize he is wanted in New York and arrange to transport him there after he spends one night in a local jail for the drunk and disorderly matter. Shortly after his arrival in New York City, Peter sits before a grand jury. At the grand jury proceeding, prosecutors introduce evidence seized from Peter’s home before police acquired a warrant. Prosecutors admit that this evidence was taken in violation of the 4th Amendment, but use it anyway. The 23 jurors on the grand jury vote unanimously to indict. 73. The use of illegally seized evidence in a grand jury proceeding is; a. a violation of the 4th Amendment b. a violation of the 6th Amendment c. permitted in accordance with the Supreme Court decision in U.S. v. Calandra d. permitted in accordance with the Supreme Court decision in U.S. v. Armstrong Answer: C 74. The standard by which the grand jury determined whether to issue an indictment is: a. reasonable suspicion b. probable cause c. beyond a reasonable doubt d. preponderance of the evidence Answer: B 75. Assume Peter is a Mexican-American. The prosecutor decides to systematically exclude Mexican-Americans from the grand jury pool. Which of the following statements is true? a. Prosecutorial discretion in these matters has been protected by the Supreme Court in grand jury proceedings and in trials. b. There is Supreme Court case law which Peter’s lawyers might be able to use as grounds for appeal on this matter c. There is no case law that prohibits this practice in a grand jury setting. d. All of these statements are true. Answer: B Test Bank for Criminal Law and Procedure John M. Scheb 9781285070117, 9781285690292, 9781285546131
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