American Criminal Courts Test 3

For Professor Hoffman's course at SEU

The _________ is the stage in the justice process where the defendant is officially charged with a crime and can enter a plea?

Arraignment

True or false: Law enforcement has 7 days to provide an initial appearance fir a defendant?

False (usually you try not to exceed 48 hours unless there is a holiday).

True or false: “Fruit of the Poisonous Tree” refers to the inadmissibility of any evidence that is obtained by illegal means.

True

The __________ will make the final decision on whether or not charges will be filed against a defendant.

Prosecutor

The _______ is the part of the jury selection process where the potential juror is individually questioned by the prosecutor and the defense.

Voir dire

Which amendment grants the defendant protection against self-incrimination?

Fifth

Consent, plain view, and incident to a lawful arrest are all types of _______ searches.

Warrantless

Which court decision requires that enforcement must advise a person of certain constitutional rights before questioning them after they have been arrested

Miranda v. Arizona

________ is an incident-based, comprehensive method of gathering crime statistics; it includes data on 52 different crime types.

NIBRS

Which amendment grants the defendant protection against illegal search and seizure?

Fourth

The _________ is the pool of individuals from whom a jury is selected.

Venire

The _____ has the authority to issue a search warrant.

Judge

The _____, (derived from Brady v. Maryland), requires the prosecution to disclose exculpatory evidence to the defense.

Brady Rule

Which of the following is NOT an example of a legal warrantless search?

Exclusion

Which of the following is NOT a type of plea bargain?

Warrantless bargain

Which court case decision helped define the legality of “Stop and Frisk”?

Terry v. Ohio

_______ is a form of bail in which a judge releases a defendant from jail without monetary bail if they believe the person is not likely to flee. This is used most often for defendants accused of minor crimes.

Release on Recognizance (ROR)

______ is the informal and formal exchange of information and evidence between the Prosecution and the Defense; the judge is NOT involved in this exchange.

Discovery

A ________ is required in the plea-bargaining process in order to accept a guilty plea as it ensures the plea is voluntary.

Boykin form

True or false: You ALWAYS have the right to a jury trial regardless of the charge.

False

Which of the following is an example of a non-financial condition of pretrial release?

Travel restrictions

Which amendment grants the defendant the right to a grand jury when being charged with a serious offense?

Fifth

________ evidence is any evidence that can help to clear a defendant of guilt or liability; it supports the argument that the accused did not commit the crime or act as alleged.

Exculpatory

Which of the following is NOT a type of charging document?

Search warrant

The _____ is a phenomenon resulting from viewing forensic and crime based tv shows. It influences jurors to have an unrealistic expectation of forensic science during a trial and can affect the jurors decision.

CSI effect