Reference no: EM133495379
Questions
1. Once a defendant has been formally charged with a crime (through the filing of an accusatory instrument), he or she must be:
Released from custody
Arraigned
Scheduled for a preliminary hearing
Sentenced
2. Which of the following occurs during an arraignment?
A. The defendant is informed of the charges filed against her (through a formal reading of the accusatory instrument)
B. The defendant is informed of her constitutional right to counsel
C. The judge determines whether to grant the defendant release from custody (or remand him into custody)
D. The defendant is asked to enter a plea
All of the above
A, B and C only
3. When a defendant enters __________ she is neither admitting to nor denying the charges filed against her.
A plea of not guilty
A plea of guilty
A plea of no contest
An Alford Plea
4. When a defendant enters __________ she is accepting punishment without admitting or denying guilt.
A plea of not guilty
A plea of guilty
A plea of no contest
An Alford Plea
5. When a defendant enters __________ she is denying the charges filed against her but admitting that the government (the prosecution) has sufficient evidence to prevail (obtain a guilty verdict) at trial.
A plea of not guilty
A plea of guilty
A plea of no contest
An Alford Plea
6. When a defendant enters __________ she is accepting punishment while maintaining her innocence (denying her guilt).
A plea of not guilty
A plea of guilty
A plea of no contest
An Alford Plea
7. How are most criminal cases resolved?
Settlement
Plea Bargain
Trial
Res Adjudication
Collateral Resolution
8. The process by which the parties negotiate to dispose of a criminal case is called:
Settlement negotiations
Plea bargaining
Res adjudicating
Voir dire
9. When is a prosecutor under an obligation to engage in plea-bargaining with the defendant?
When the prosecutor routinely offers plea bargains to other defendants accused of the same crime
When the trial judge orders
Never
Always
10. A mutual agreement between the parties to dispose of all or part of a criminal case is called:
Settlement agreement
Plea bargain
Res adjudication
Collateral contract
11. A prosecutor's promise to reduce the seriousness of the charge filed against the defendant in exchange for the defendant's promise to plead guilty to the less serious charge is called a:
Sentence Bargain
Immunity Bargain
Charge Bargain
Count Bargain
12. A prosecutor's promise to drop some of the charges filed against the defendant in exchange for the defendant's promise to plead guilty to the remaining charge(s) is called a:
Sentence Bargain
Immunity Bargain
Charge Bargain
Count Bargain
13. A defendant's promise to plead guilty to the charges filed against him in exchange for the prosecutor's promise to recommend a lighter sentence to the judge is called a:
Sentence Bargain
Immunity Bargain
Charge Bargain
Count Bargain
14. The formal process by which the parties gather information about the facts and merits of the opposing party's case is called:
Discovery
Arraignment
Pretrial investigation
Voir dire
15. Prosecutors have nearly unlimited discretion in deciding each of the following, EXCEPT:
Whether or not to engage in plea-bargaining with the defendant
Whether to charge a defendant with the most serious or a lesser crime
Whether to withhold exculpatory evidence from the defendant
All of the above
16. The defendant's request for all exculpatory evidence within the government's possession and control is called a:
Batson request
Brandon request
Barnham request
Brady request
17. Exculpatory evidence in the government's possession or control is called:
Batson Material
Brandon Material
Brady Material
Barnham Material
18. Which pre-trial motion asks the judge to exclude certain evidence from trial because it was obtained in violation of the defendant's constitutional rights?
A. Motion in liminé
B. Motion to suppress
C. Motion to dismiss
Both A and B
19. What type of pre-trial motion asks the judge to rule that certain evidence is inadmissible against the defendant at trial because it was obtained in violation of his constitutional rights?
A motion in liminé
A motion to suppress
A motion to dismiss
A motion for summary judgment
20. Who can make a motion to suppress?
A. The judge
B. The prosecutor
C. The defendant
All of the above
B and C only