Trial Process Exam

What is the first stage of the criminal justice system?

Arrest

What is the purpose of the arraignment stage?

To read the charges, to determine bail, to enter plea, all three

What does probable cause refer to?

Sufficient evidence to justify an arrest

What is the purpose of the Writ of Habeas Corpus?

To require the police to bring a prisoner before a judge

Which of the following is NOT an option if a not guilty plea is entered at arraignment?

Plea bargaining

Why do prosecutors and defense attorneys use plea bargaining?

To save time and money, to ensure a conviction, to avid a jury trial.

What is the purpose of the voir dire process during jury selection?

To question potential jurors about their biases To make peremptory challenges To impanel the selected jury

Who has the burden of proof in a criminal trial?

The prosecution

What is the standard of proof required to convict a defendant in a criminal trial?

Beyond a reasonable doubt

What is the role of the judge in a criminal trial?

To determine the sentence, to keep order in the courtroom, to ensure a fair trial

What does it mean for a defendant to be 'presumed innocent'?

The prosecution has to prove the defendant's guilt beyond a reasonable doubt

What is the purpose of the defendant's 5th Amendment right against self-incrimination?

To allow the defendant to refuse to testify

What is the difference between an expert witness and a lay witness?

Expert witnesses can give opinions, lay witnesses can only testify about facts

What happens if a jury is unable to reach a unanimous decision?

The trial is declared a mistrial and may be retried

Under the 6th Amendment, what right does the defendant have regarding their criminal trial?

The right to a speedy trial, the right to an impartial jury, the right to confront witnesses

What does it mean when a judge 'sustains' an objection?

The judge agrees with the objection and the question cannot be asked

When does the sentencing phase of a trial occur?

After the jury returns a guilty verdict

What does it mean to be released 'on your own recognizance' (R.O.R.)?

You are released from jail without having to post bail

What is the purpose of plea bargaining?

To reduce the charge

What is 'voir dire'?

The questioning of jurors

What is a 'hung jury'?

A jury that cannot reach a unanimous decision

What does the 5th Amendment prohibit?

Double jeopardy

What is the role of the judge in a criminal trial?

To keep order and ensure a fair trial

What happens if a defendant pleads guilty during arraignment?

Sentencing date is set

What is a 'challenge for cause'?

A rejection based on bias

What is the burden of proof in a criminal trial?

Guilt beyond a reasonable doubt

What happens during jury deliberation?

The jury discusses the case

What is the purpose of closing statements?

To summarize the case

What is the primary purpose of the discovery process in a criminal trial?

To allow the prosecution and defense to exchange information about the case

Which of the following best describes the doctrine of 'double jeopardy'?

A defendant cannot be tried again for the same crime after being acquitted

What is the primary role of a grand jury in the criminal justice system?

To determine if there is sufficient evidence to indict a defendant

The defense attorney conducts criminal proceedings on behalf of the state (or the people)

False

What is the primary purpose of the opening statements in a criminal trial?

To outline the key arguments and evidence that each side will present

What is the primary function of the prosecution's burden of proof in a criminal trial?

To prevent the conviction of innocent people

What is the main purpose of the prosecution's use of premptory challenges during jury selection?

To remove potential jurors who are biased against the defendant

What is the primary rationale for the 6th Amendment guarantee of the right to a speedy trial?

To prevent the defendant from being held in custody for an unreasonable period

What is the primary purpose of the prosecution's use of expert witnesses in a criminal trial?

To provide objective, scientific analysis and testimony

What is the significance of the presumption of innocence in a trial?

It protects the defendant from wrongful conviction

How does the concept of double jeopardy protect defendants?

It prevents them from being tried for the same crime after acquittal

What role does the jury play in a criminal trial?

They decide the facts of the case

Why is the right to a public trial important?

It ensures transparency and accountability in the justice system

What happens during the opening statements of a trial?

Both sides present their case overview

What is the significance of the 6th Amendment in a criminal trial?

It ensures the right to a fair and speedy trial

What is the role of the prosecutor in a criminal trial?

To present evidence and arguments against the defendant

What happens during the opening statements of a trial?

The prosecution and defense outline their cases

What is the purpose of jury instructions given by the judge?

To inform the jury of the law they must follow

What is the significance of the presumption of innocence in a criminal trial?

It places the burden of proof on the prosecution

What does the term 'mitigating circumstances' refer to in sentencing?

Factors that justify a lesser sentence

What is the role of a defense attorney during a trial?

To ensure the defendant's rights are protected

Bail (minus processing fees) is refunded when the accused returns to court on the specified date.

True