Ch.10 Full Test Bank Criminal Prosecution and Adjudication

1.

According to a recent survey of thirty large urban jurisdictions, what percentage of all felony arrests do not go past the indictment phase? 
 

2.

What percentage of criminal cases that are not prosecuted are referred to diversion programs? 
 

3.

The removal of the defendant form the normal path of the criminal justice process to an alternative path is referred to as _____________. 
 

4.

What is the next step after an accused is arrested? 
 

5.

A court imposed requirement for the posting of a security to obtain release of a defendant pending disposition of a criminal case is referred to as ____________. 
 

6.

Which Amendment prohibits excessive bail? 
 

7.

Which U.S. Supreme Court case held that bail must be set an amount no greater than would reasonably ensure the presence of the defendant at required court proceedings? 
 

8.

___________ are private business operators who post the amount required by the court to secure the release of the defendant. 
 

9.

The release of a defendant on his or her promise to return to court as required is called _________. 
 

10.

____________ is the process by which arrestees are released pending their first court appearance on a written order issued by law enforcement personnel. 
 

11.

National studies reveal that approximately _____% of all felony defendants on pretrial release were rearrested for a felony offense committed while they were on release. 
 

12.

What type of defendant is the least likely to be released pending trial? 
 

13.

Preventive detention is ______________. 
 

14.

Which Supreme Court case upheld the constitutionality of preventive detention? 
 

15.

The first stage of trial process, where the indictment or information is read in open court and the defendant is requested to enter a plea is called the _______________. 
 

16.

According to a recent survey, what percentage of all felony arrests that led to a misdemeanor or felony charge actually went to trial? 
 

17.

What percentage of all felony arrests that led to a misdemeanor or charge resulted in a guilty plea? 
 

18.

What does is mean to plead nolo contendere? 
 

19.

What is plea bargaining? 
 

20.

If a defendant pleads guilty to one charge and in return the prosecutor dismisses other pending charges against the defendant, what type of plea bargain is the defendant receiving? 
 

21.

Of the twelve jurors on O.J. Simpson's jury, how many were black? 
 

22.

After a "not-guilty" plea, what is the first step in the criminal trial? 
 

23.

What is the process of selecting the jury called? 
 

24.

What are peremptory challenges? 
 

25.

From what source do most jurisdictions obtain their jury pool? 
 

26.

On which Amendment to the Constitution did the Supreme Court, in 1986, base its decision that the prosecution's use of peremptory challenges to exclude blacks from a jury constituted a violation of its equal protections clause? 
 

27.

After selecting a jury, what is the next step in the trial process? 
 

28.

Guns, knives, drugs, pieces of clothing are all examples of what type of evidence? 
 

29.

An oral or written request to a judge asking the court to make a specified ruling, finding, decision, or order is called a(n) ____________. 
 

30.

After the defense rests its case, the prosecutor has the option to refute the case presented by the defense. This is referred to as _______________. 
 

31.

The legal obligation of the prosecutor to prove the charges against the defendant beyond a reasonable doubts is called the _________________. 
 

32.

What does it mean to sequester a jury? 
 

33.

In most states and in all federal cases, who decides the sentence of a convicted defendant? 
 

34.

Which of the following statements about the right to appeal is true? 
 

35.

When the appellate court sends a case back down to the original court without overturning the original ruling, the appellate court is said to have __________ the case. 
 

36.

A court imposed requirement for the posting of a security to obtain release of a defendant pending disposition of a criminal case is referred to as ____________. 
 
________________________________________

37.

___________ are private business operators who post the amount required by the court to secure the release of the defendant. 
 
________________________________________

38.

The release of a defendant on his or her promise to return to court as required is called _________. 
 
________________________________________

39.

___________ is the pretrial incarceration of an accused who is deemed dangerous. 
 
________________________________________

40.

An ______ is an accusation against a criminal defendant rendered by a grand jury. 
 
________________________________________

41.

The first stage of trial process, where the indictment or information is read in open court and the defendant is requested to enter a plea is called the _______________. 
 
________________________________________

42.

An agreement made between the prosecutor and the defense for certain leniencies in return for a guilty plea is called __________________. 
 
________________________________________

43.

The process in which lawyers and a judge question potential jurors to select those who are acceptable is called _____________. 
 
________________________________________

44.

A _____________ is a challenge to remove a potential juror because of his or her inability to render a fair and impartial decision in a case. 
 
________________________________________

45.

After the prosecution has finished asking questions of its witnesses, the defense may ask questions of that witness. This process is called _______________. 
 
________________________________________

46.

An invalid trial is also referred to as a(n) ____________. 
 
________________________________________

47.

The legal obligation of the prosecutor to prove the charges against the defendant beyond a reasonable doubt is called the _________________. 
 
________________________________________

48.

When the appellate court sends a case back down to the original court without overturning the original ruling, the appellate court is said to have __________ the case. 
 
________________________________________

49.

According to a recent survey of thirty large urban jurisdictions, ____ percent of all felony arrests do not go past the indictment phase. 
 
________________________________________

50.

The removal of the defendant form the normal path of the criminal justice process to an alternative path is referred to as _____________. 
 
________________________________________

51.

The _________ Amendment prohibits excessive bail. 
 
________________________________________

52.

____________ is the process by which arrestees are released pending their first court appearance on a written order issued by law enforcement personnel. 
 
________________________________________

53.

National studies reveal that approximately _____% of all felony defendants on pretrial release were rearrested for a felony offense committed while they were on release. 
 
________________________________________

54.

When a defendant admits criminal liability for the purpose of the criminal proceeding only, he is said to be entering a plea of ________________. 
 
________________________________________

55.

An oral or written request to a judge asking the court to make a specified ruling, finding, decision, or order is called a(n) ____________. 
 
________________________________________

56.

Diversion can only occur after charges have been filed. 
 
True    False

57.

Diversion programs benefit the offender and the community. 
 
True    False

58.

Offenders who go through diversion programs have very low rates of subsequent offending. 
 
True    False

59.

Individual judges have discretion to determine at what amount to set bail. 
 
True    False

60.

An information is an accusation against a criminal defendant rendered by a grand jury. 
 
True    False

61.

Defendants found not guilty by reason of insanity are set free. 
 
True    False

62.

Three states have abolished the "not guilty by reason of insanity" plea. 
 
True    False

63.

Charge reduction means that the defendant pleads guilty to a lower charge than the one originally charged by the prosecutor. 
 
True    False

64.

Testimony by witnesses is a type of physical evidence. 
 
True    False

65.

Most cases are dismissed or terminated after a motion to dismiss. 
 
True    False

66.

During closing arguments new evidence may be presented, but only to emphasize a point the attorney is trying to make. 
 
True    False

67.

The United States Constitution guarantees the right to an appeal in all criminal cases punishable by a term of incarceration for one year or more. 
 
True    False

68.

A voluntary plea of guilty eliminates the defendant's right to an appeal. 
 
True    False

69.

Except for a legislative provision, the prosecution has no right to appeal an adverse ruling in a criminal case. 
 
True    False

70.

In most states, the length of a defendant's sentence is not subject to an appeal. 
 
True    False