1 Which statement best describes the rights that a judge advises the defendant about at the defendant's arraignment on an indictment?

right to be free from unreasonable seizure and searches, right to remain silent, right to have his case presented to a grand jury.

right to remain silent, right to an attorney and right to a public jury trial

right to have his case presented to a grand jury and right to a preliminary hearing.

all of the rights listed in the other answers.

Question 2 1 pts

Dean is charged with possessing drugs. Dean's attorney (and Dean) want to keep the drugs out of evidence. Dean's attorney will ask for a ______hearing - in an effort to suppress the drugs.

Huntely hearing

Mapp hearing

All of the above

Wade hearing

Question 3 1 pts

Frank gave a complete confession to the police.His attorney wants to keep his statement out of evidence. Frank's attorney will ask for a ____ hearing - in an effort to keep his statement out of evidence.

Wade hearing

Huntely hearing

All of the above

Mapp hearing

Question 4 1 pts

Mike has been charged in Schenectady City Court with a robbery.The DA's office wants to present his case to the grand jury. Which of the following statements is most accurate?

The grand jury will decide if there is evidence beyond a reasonable doubt that Mike committed the robbery.

The grand jury will determine if there is legally sufficient evidence to indict Mike and have him stand trial for a crime.

Mike's attorney will be able to cross examine Mike if he wishes to testify before the grand jury.

Mike's attorney will be able to cross examine the witnesses who appear before the grand jury.

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Question 5 1 pts

Allen is charged with a felony. His case is going to trial. After the opening statements in Allen's criminal case, which of the following statements is most accurate?

The prosecutor calls one witness.The defense attorney calls the next witness.Then the prosecutor calls a witness and so forth and so on.

None of the answers are correct.

The prosecutor will call all of his witnesses and then the defense attorney will cross examine all of the witnesses.

The defense attorney will call his first witness.The prosecutor will then cross examine the defense attorney's witness.

The prosecutor will call his first witness.The defense attorney can cross examine the witness if he wishes to.

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Question 6 1 pts

Mike is charged with a felony. His attorney requested a preliminary hearing in City Court.Which of the following statement is most accurate?

Once Mike is indicted by a grand jury he has no right to a preliminary hearing.

Mike will only be entitled to a preliminary hearing if the county court judge permits one.

Mike will have his preliminary hearing after he is indicted.

Mike will be entitled to a preliminary hearing immediately before his criminal trial begins.

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Question 7 1 pts

David was indicted by a grand jury for robbery. His attorney conducted discovery and David had his suppression hearings. His case is about to proceed to trial. Which of the following statement is the most accurate?

A jury will be picked by the attorneys and then David's attorney will make an opening statement to the jury.

A jury will be picked by the attorneys and then the prosecutor will make an opening statement to the jury.

A grand jury will be picked by the attorneys and then David's attorney will make an opening statement to the jury.

A grand jury will be picked by the attorneys and then the prosecutor will make an opening statement to the jury.

Question 8 1 pts

George has been charged with grand larceny. His trial is about to start. George's criminal trial is similar to a civil trial, but there are some significant differences. These differences are:

burden of proof is on the prosecution to prove George's guilt beyond a reasonable doubt.

George is required to testify.

None of the answers are correct.

All of these.

the defendant is always the government in a criminal trial.

Question 9 1 pts

Jacob has been indicted for the assault of his girlfriend,Sandra.Now that Jacob is indicted, the next step in the criminal prosecution will be:

Jacob will be arraigned on the indictment.

Jacob will be prosecuted in city court.

Jacob's case will go before a grand jury.

Jacob will have a preliminary hearing.

Question 10 1 pts

Which statement about the grand jury is most accurate?

The purpose of the grand jury is to see if there is legally sufficient evidence for the defendant to be formally charged with a crime.

The defendant, through his attorney, can call witnesses to testify on behalf of the defendant. The defense attorney has a right to ask the witnesses questions. The witnesses will be cross examined by the prosecutor.

Two of the answers are correct.

The grand jury determines whether the defendant is guilty or not guilty of the crimes charged in the indictment.

Question 11 1 pts

The police suspect Sally of committing a felony. A warrant is required for a search by the police except where:

evidence of a crime is in plain view of the police officer.

the police are in hot pursuit of a fugitive.

voluntary consent is given to the search.

All of these.

Question 12 1 pts

The _____ is a document that is voted by the grand jury and accuses the defendant of a crime.

preliminary hearing

motion

indictment

None of the answers are correct.

Question 13 1 pts

Carter has been arrested for a misdemeanorAt the __________, Carter is informed of the charge against him and he enters his plea.

information

indictment

preliminary hearing

arraignment

Question 14 1 pts

The Fourth Amendment to the Constitution:

All of these.

prevents double jeopardy.

prohibits unreasonable search and seizure.

requires a speedy trial.

Question 15

The __________ Amendment prohibits excessive bail and prohibits cruel and unusual punishment.

Group of answer choices

Fifth

Sixth

Eighth

Fourth

Question 16 1 pts

The __________ provides that the federal government shall provide the accused with a speedy and public trial by an impartial jury.

Fourth Amendment

Fifth Amendment

Sixth Amendment

Eighth Amendment

Question 17 1 pts

Sid was arrested and charged with a felony. After he was indicted, his attorney requested a Mapp hearing. At the conclusion of the Mapp hearing the court found that the police illegally seized evidence from Sid in violation of the Fourth Amendment. What effect does the court's ruling have ?

Sid will be paid for the expenses of his defense.

Sid's arrest is nullified.

Sid is entitled to another trial.

The evidence that was seized in violation of Sid's Fourth Amendment rights will be excluded from use at Sid's trial.

Question 18 1 pts

Which of the following is correct with respect to a grand jury?

All of these are correct.

The grand jury decides the ultimate guilt or innocence of the defendant.

The grand jury issues an indictment if it finds sufficient evidence to justify a trial on the charges alleged.

The grand jury hears testimony of the defendant.

Question 19 1 pts

Which of the following is found in the Fifth Amendment to the U.S. Constitution?

The right to an attorney.

A requirement of probable cause.

A prohibition against cruel and unusual punishment.

A privilege against self-incrimination.

Question 20 1 pts

Marcus is charged with a felony.Which one of the following is NOT true of a criminal proceeding?

A purpose of a criminal suit is repayment to the victim.

A criminal suit requires a higher burden of proof than a civil suit.

In a criminal suit, guilt is never presumed.

A criminal suit is brought by the government, not by an individual.

Question 21 1 pts

Which statement about preliminary hearings is most accurate?

Two of the answers are correct.

the purpose of a preliminary hearing is to see if there is enough evidence to hold a defendant's case for grand jury action.

A defendant is only entitled to a preliminary hearing if he is charged with a misdemeanor.

Once a defendant is indicted there is no right to a preliminary hearing.

Question 22 1 pts

Nicole was arrested and charged with Robbery in the first degree, a felony. Nicole appeared for an arraignment in city court. Nicole told her attorney that she wanted to plead guilty. Which statement is most accurate?

Nicole would have to be indicted on the felony before she could plead guilty to a felony in city court.

Nicole could not plead guilty to the felony if she had a preliminary hearing.

Nicole can plead guilty to the felony in city court.

Nicole could not plead guilty to a robbery in city court because city court does not have jurisdiction to resolve a felony.

Question 23 1 pts

Chandler was arrested and appeared in city court for an arraignment. The offense that Chandler was arrested for is a "qualified offense." Which statement is most accurate?

Since the crime that Chandler is charged with is a "qualified offense" the court has the discretion to set bail.

The court can only release Chandler to a responsible person.

The court can only set bail if the judge believes that Chandler is guilty of the charges.

Due to the new bail reform laws, the court cannot set bail.

Question 24 1 pts

Besmir was convicted of a felony. Which statement about the jury is most accurate?

Six jurors rendered an unanimous verdict - all voting to convict Besmir of the felony.

Twelve jurors rendered a verdict - the majority of which voted to convict Besmir of the felony.

Twelve jurors rendered an unanimous verdict - all voting to convict Besmir of the felony.

Six jurors rendered a verdict - five out of the six jurors voted to convict Besmir of the felony.

Question 25 1 pts

Will was convicted of murder in the second degree. Which statement is most accurate?

The prosecutor will impose the sentence upon Will.

The judge will impose the sentence upon Will.

The jury will impose the sentence upon Will.