Criminal Evidence and Procedure-

Question 1 - In terms of procedure,

	felony cases involve more steps and protections for defendants than misdemeanor cases.
	misdemeanor cases involve more steps and protections for defendants than felony cases.
	felony and misdemeanor cases have exactly the same procedures.
	most states require grand jury review in misdemeanor cases but not in felony cases.

Question 2 - An indictment is a formal criminal charge issued by

	the police.
	the judge.
	the prosecutor.
	the grand jury.

Question 3 - In states that do not use grand juries, the formal charging document is the

	criminal complaint.
	information.
	habeas corpus.
	indictment.

Question 4 - At the procedure termed ____________, the defendant will enter a formal plea to the charges.

	arraignment
	pretrial motions
	preliminary hearing
	coram nobis

Question 5 - Another term for a no contest plea is a plea of

	former jeopardy.
	guilty but mentally ill.
	nolo contendere.
	guilty on conditions.

Question 6 - If a defendant refuses to enter a plea, the court will enter a plea of

	not guilty.
	guilty.
	no contest.
	not guilty by reason of insanity.

Question 7 - In the U.S., the overwhelming majority of persons charged with felonies ultimately will plead

	not guilty.
	guilty.
	no contest.
	double jeopardy.

Question 8 - If a defendant wants to plead guilty, the defendant must

	waive a number of rights.
	prove to the judge that s/he is not insane.
	be represented by an attorney.
	have agreed to a plea bargain.

Question 9 - In an Alford plea, the defendant pleads guilty but refuses

	to waive the right to a jury trial.
	to plea bargain.
	to admit guilt.
	to acknowledge the jurisdiction of the court.

Question 10 - In a typical conditional plea, the defendant pleads guilty but reserves the right to

	appeal certain issues.
	a jury trial.
	a bench trial.
	a speedy and public trial.

Question 11 - In the federal system and most states, if the defendant raises the insanity defense, the burden of proof is

	on the prosecution to disprove the defense.
	on the defendant to prove the defense.
	on the defendant to prove the defense beyond a reasonable doubt.
	on the prosecution to disprove the defense beyond a reasonable doubt.

Question 12 - An affirmative defense is one in which the defendant

	denies doing the criminal act.
	argues the defense of double jeopardy.
	has agreed to a plea bargain.
	admits doing the act but claims other matters that will result in an acquittal.

Question 13 - Which of the following is the weakest argument in favor of guilty plea pursuant to a plea bargain?

	Such pleas help alleviate the problem of heavy caseloads and long backlogs of cases.
	Such pleas eliminate the cost and delay of appeals.
	A guilty plea can be the first step toward genuine rehabilitation.
	Pleas are a more open and well-informed procedure than a trial.

Question 14 - A defendant's offer to plead guilty

	cannot be used as evidence if the defendant goes to trial.
	can be used at trial as evidence of guilt.
	can be used as evidence at trial if the prosecution consents.
	can be used at trial if the defendant fails to plea bargain in good faith.

Question 15 - In most appeals,

	the appeal takes the form of a new trial.
	the appeals court reviews the records for errors.
	the defendant usually is ordered to be acquitted.
	the prosecution must again prove that the defendant was guilty beyond a reasonable doubt.

Question 16 - The purpose of _____ is to assure the defendant's appearance at trial.

	bail
	presentence investigation
	a criminal history investigation
	an employment check

Question 17 - Plea bargaining may involve substituting a guilty plea to one offense for a trial on ________ offenses

	petty
	multiple
	misdemeanor
	felony

Question 18 - The ________ Amendment of the U.S. Constitution states that "Excessive bail shall not be required.

	Fourth
	Fifth
	Sixth
	Eighth

Question 19 - The level of proof required in criminal cases is proof beyond a _________doubt.

	cannot be used as evidence if the defendant goes to trial.
	can be used at trial as evidence of guilt.
	can be used as evidence at trial if the prosecution consents.
	reasonable

Question 20 - Affirmative defenses include insanity, immunity, _______, and double jeopardy.

	entrapment
	incapacity
	inadvertency
	conspiracy

Question 21 - Every case that proceeds to the warrant phase will ultimately be disposed of by plea or trial.

True False

Question 22 - In most jurisdictions, a defendant who is charged with a misdemeanor has a right to both a preliminary hearing and grand jury review.

True False

Question 23 - An indictment is a formal charging document issued by a grand jury.

True False

Question 24 - An Information is a formal charging document issued by a prosecutor.

True False

Question 25 - A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty.

True False

Question 26 - A nolo contendere plea is the same as a not guilty plea.

True False

Question 27 - A majority of states and the federal courts have a plea and verdict of guilty but mentally ill.

True False