Take the following practice exam as a review of the key terms, ideas, and concepts discussed in Chapter 12.
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| 1 | |
The prohibition against excessive bail is guaranteed by the ____________ Amendment. |
| | A) | Sixth |
| | B) | Seventh |
| | C) | Eighth |
| | D) | Fourteenth |
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| 2 | |
The bail system as we know it today dates back to |
| | A) | well before the Norman Conquest in 1066. |
| | B) | the Judiciary Act of 1789. |
| | C) | the Civil War and Reconstruction. |
| | D) | the Wickersham Commission. |
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| 3 | |
A ____________ is some third party who posts a bond in behalf of the accused. |
| | A) | realtor |
| | B) | surety |
| | C) | bailiff |
| | D) | bailee |
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| 4 | |
The Judiciary Act of 1789 extended the right to bail to all |
| | A) | defendants. |
| | B) | federal defendants in noncapital cases. |
| | C) | state and federal noncapital cases. |
| | D) | persons accused of misdemeanors. |
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| 5 | |
In matters related to bail, the U.S. Supreme Court has generally |
| | A) | sided with the accused. |
| | B) | sided with the prosecution. |
| | C) | remained neutral. |
| | D) | decided few cases. |
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| 6 | |
In Stack v. Boyle, decided in 1951, the Supreme Court |
| | A) | addressed the issue of "excessive bail." |
| | B) | settled the constitutional status of an accused's right to bail. |
| | C) | held that all offenses are bailable. |
| | D) | ruled that Congress can define which federal offenses are bailable. |
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| 7 | |
Which of the following is generally not a consideration in bail setting? |
| | A) | the strength of the state's case |
| | B) | the seriousness of the crime |
| | C) | the safety of the victim |
| | D) | the defendant's prior record |
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| 8 | |
Of the following, who are considered the worst bail risks? |
| | A) | first felony offenders |
| | B) | persons whose bail has been set at a relatively low level |
| | C) | prostitutes |
| | D) | repeat offenders charged with minor felonies |
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| 9 | |
Which of the following is not true regarding bail? |
| | A) | Bail tends to discriminate against the poor. |
| | B) | Bail bond agents have no legal powers over bailed defendants who "jump bond" and flee. |
| | C) | The bail bond industry tends to promote corruption. |
| | D) | First felon offenders are poor bail risks. |
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| 10 | |
In many jurisdictions, forfeited bail bonds often go uncollected because |
| | A) | judges realize that collection would wipe out the savings of many poor families. |
| | B) | the machinery for collecting bonds is inefficient. |
| | C) | the courts do what they can to keep the bail bond industry healthy; otherwise, they would be faced with a larger jail population. |
| | D) | all of the above. |
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| 11 | |
Research has demonstrated that persons unable to make bail are more likely to ____________ than persons receiving pretrial release. |
| | A) | be indicted, convicted, and sentenced |
| | B) | have their bail reduced |
| | C) | receive a lesser sentence |
| | D) | all of the above |
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| 12 | |
In the 10 percent cash bond plans, |
| | A) | the court sets bail as it normally would. |
| | B) | the need for a bail bond agent is eliminated. |
| | C) | only 10 percent of the bond must be deposited. |
| | D) | all of the above. |
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| 13 | |
The indictment is a charging document based on |
| | A) | the grand jury's initiative. |
| | B) | evidence presented to the grand jury by the prosecutor. |
| | C) | the prosecutor's presentation of evidence to the presiding judge. |
| | D) | a sworn complaint by the victim. |
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| 14 | |
A grand jury does not |
| | A) | investigate alleged misbehavior by public officials. |
| | B) | find a verdict of guilty or not guilty in criminal trials. |
| | C) | determine if an accused shall be held for trial. |
| | D) | protect citizens from unfair accusations. |
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| 15 | |
Since the duties of the grand jury are limited to investigation and accusation |
| | A) | they are of little value to contemporary criminal procedure. |
| | B) | they foster prejudice and corruption. |
| | C) | most prosecutors bypass them. |
| | D) | many of the elements of due process are absent. |
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| 16 | |
The "true bill" represents a grand jury's |
| | A) | willingness to rule on a case. |
| | B) | refusal to indict the accused. |
| | C) | endorsement of the charges. |
| | D) | agreement with the prosecutor's "information." |
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| 17 | |
In ____________, the Supreme Court refused to extend the exclusionary rule to grand jury proceedings. |
| | A) | Costello v. United States |
| | B) | Chicago, Burlington & Quincy Railroad v. City of Chicago |
| | C) | United States v. Calandra |
| | D) | Hunter v. Fogg |
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| 18 | |
____________ immunity prohibits the government from using a witness's compelled testimony at a grand jury hearing in a subsequent criminal proceeding. |
| | A) | Limited |
| | B) | Use |
| | C) | Transactional |
| | D) | Selective |
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| 19 | |
When a grand jury exercises its ____________, witnesses who refuse to testify may be jailed. |
| | A) | rule of intervention |
| | B) | contempt power |
| | C) | ex parte rules |
| | D) | compulsion privileges |
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| 20 | |
Refusing to enter a plea results in a plea of |
| | A) | nolo contendere. |
| | B) | guilty. |
| | C) | not guilty. |
| | D) | no contest. |
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| 21 | |
The protection against double jeopardy is guaranteed by the ____________ Amendment. |
| | A) | Second |
| | B) | Fourth |
| | C) | Fifth |
| | D) | Fourteenth |
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| 22 | |
In Palko v. Connecticut in 1937, the Supreme Court |
| | A) | declared that double jeopardy begins at the point where the second jury trial is sworn in. |
| | B) | applied the double jeopardy clause to the states. |
| | C) | rejected the notion that the double jeopardy clause be extended to the states. |
| | D) | held that a state and a city were not separate sovereignties with regard to double jeopardy. |
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| 23 | |
A _________________ is a formal request to the court for some action, such as an order or rule. |
| | A) | warrant |
| | B) | writ |
| | C) | plea |
| | D) | motion |
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| 24 | |
Changing the "venue" of a trial |
| | A) | changes the presiding judge. |
| | B) | moves the trial to some other jurisdiction. |
| | C) | changes the prosecutor. |
| | D) | moves the trial to some other part of the jurisdiction. |
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| 25 | |
The Speedy Trial Act of 1974 applied specifically to |
| | A) | noncapital felonies. |
| | B) | federal prosecutions. |
| | C) | felonies under state appellate review. |
| | D) | all of the above. |
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| 26 | |
In the ____________, the judge rather than jury renders the decision. |
| | A) | trial de novo |
| | B) | trial de juristi |
| | C) | bench trial |
| | D) | court martial |
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| 27 | |
In jury selection, challenges for cause |
| | A) | are made by the defense. |
| | B) | are restricted in number by statute. |
| | C) | deal with sound legal reasons for removing potential jurors. |
| | D) | are ruled upon by the bailiff. |
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| 28 | |
The purpose of the voir dire is to |
| | A) | choose a fair and impartial jury. |
| | B) | educate the citizen as to the role of the juror. |
| | C) | develop juror-attorney rapport. |
| | D) | all of the above. |
| | E) | none of the above. |
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| 29 | |
When an objection is "sustained" it is |
| | A) | rejected. |
| | B) | overruled. |
| | C) | contested. |
| | D) | consented to. |
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| 30 | |
Should a jury fail to come to a unanimous decision as to the accused's guilt or innocence, the result is a |
| | A) | mistrial. |
| | B) | hung jury. |
| | C) | no bill. |
| | D) | true bill. |
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| 31 | |
Jury nullification occurs when |
| | A) | there is a nonunanimous verdict. |
| | B) | there is a mistrial because of jury tampering. |
| | C) | the jury disregards certain aspects of evidence and the law, or suspends the force of strict legal procedure. |
| | D) | the jury is unable to reach a verdict. |
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| 32 | |
A motion for a new trial can be based on grounds that |
| | A) | the trial court had no jurisdiction over the case. |
| | B) | there was an error "on the face of the record." |
| | C) | the prosecution was guilty of misconduct. |
| | D) | the verdict included conviction of a charge that was not tested in the indictment. |
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| 33 | |
Evidence from which a fact can be reasonably inferred is |
| | A) | testimonial evidence. |
| | B) | real evidence. |
| | C) | circumstantial evidence. |
| | D) | hearsay evidence. |
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| 34 | |
The practice of setting high bail in cases where the defendant is considered dangerous is referred to as |
| | A) | pretrial release. |
| | B) | preventive detention. |
| | C) | unconstitutional incarceration. |
| | D) | summary detention. |
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| 35 | |
The ____________ established the first release on recognizance program. |
| | A) | American Bar Association |
| | B) | NAACP |
| | C) | Philadelphia Institute of Justice |
| | D) | Manhattan Bail Project |
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| 36 | |
An ex parte proceeding is a ____________ proceeding. |
| | A) | one-party |
| | B) | posttrial |
| | C) | pretrial |
| | D) | bail review |
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| 37 | |
Statute of limitations laws vary from state to state but generally do not apply to ____________ prosecutions. |
| | A) | misdemeanor |
| | B) | robbery |
| | C) | murder |
| | D) | rape |
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| 38 | |
Tire tracks found at the scene of a crime would be considered ____________ evidence. |
| | A) | direct |
| | B) | real |
| | C) | testimonial |
| | D) | eyewitness |
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| 39 | |
Under the I-bond program, release is prohibited in cases of |
| | A) | aggravated assault. |
| | B) | weapons use. |
| | C) | child pornography. |
| | D) | all of the above. |
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| 40 | |
Under "guilty but mentally ill" statutes, |
| | A) | defendants convicted as such go to prison. |
| | B) | insanity pleas have increased. |
| | C) | community psychiatric facilities have become overcrowded. |
| | D) | prosecutors are no longer required to prove insanity. |
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