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Most defendants ARE NOT detained in jail while awaiting trial |
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Hearsay is anything not based on the personal knowledge of the witness |
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The purpose of a preliminary hearing IS NOT to determine the guilt of a defendant. |
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A no-contest plea at arraignment is different from a guilty plea in that it is not an admission of guilt. |
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The Manhattan Bail project tested the effectiveness of release on recognizance |
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FALSE: Plea barganing occurs in only about 15% of all criminal prosecutions. |
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Scientific jury selection is the use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or acquittal |
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If a defendant refuses to testify at trial, the jury is not allowed to consider the failure to testify as an indication that the defendant is guilty. |
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Dying declarations and spontaneous statements are considered exceptions to the hearsay rule. |
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When a defense attorney thinks that the jury pool is biased in some significant way, he or she will make a challenge to the array. |
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Term
Preemptory challenges, which remove jurors without giving a reason, are limited in number |
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Term
Which of the following represents the order of steps in a criminal trial? |
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Definition
trial initiation, jury selection, opening statements, presentation of evidence, closing |
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Term
The federal Speedy Trial ACT allows for the dismissal of charges when the prosecution does not seek indictment within _____ days of arrest, or when a trial does not begin within 70 days after the indictment. |
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Which of the following IS NOT a type of juror challenge |
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Term
Weapons, tire tracks, and fingerprints are what type of evidence? |
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Maryland v Criag upheld the use of _____ to shield children who testify at trial. |
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Definition
a closed circuit television |
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Term
During a trial, the ______ happens before the closing statement, but after jury selection. |
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In Batson v Kentucky the Supreme Court held that the use of preemptory challenges ________ was unconstitutional. |
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Definition
for the purpose of racial discrimination |
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Term
The bail decision is made at what stage of the court process? |
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Term
McNabb v U.S. formally established that a defendant being held in custody has a right to appear in court before a magistrate: |
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without unnecessary delay |
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Term
Bail serves two purposes. One is to help ensure the reappearance of the accused at trial. The other is: |
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Definition
to prevent people who have not been convicted from suffering imprisionment unnecessarily. |
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U. S. v Hazzard held that bail can be denied when the accused is: |
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Definition
a danger to the community |
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Term
Which of the following is not an alternative to Bail? |
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Term
Which of the following does not occur at the first appearance? |
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Definition
A defendant has the opportunity to cross-examine a witnesses |
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Term
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results in the defendant's release based on a guarantee that a defendant provides in writing. |
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What study tested the effectiveness of the release-on-recognizance alternative? |
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Bob consigns all of his stock holdings to the court. What type of bail did he post? |
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What type of bail is like a credit card contract? |
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Abouth what percentage of state level felony criminal defendants are released pending the outcome of their case? |
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What do we call laws that limit the right to bail for certain defendants, usually defendants charged with certain crimes? |
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What federal legislation allows federal judges to deny bail to persons who are thought to be dangerous? |
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Definition
1984 Federal Bail Reform ACT |
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Term
Approximately what percentage of states uses grand juries as part of the pre-trial process? |
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Term
Which of the following statements about grand juries is FALSE? |
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Definition
Defendants can cross-examine prosecution witnesses during a grand jury hearing. |
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What type of plea is most similar to a guilty plea? |
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Term
When a defendant "stands mute" at her arraignment, she is considered to have entered a: |
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Term
A preliminary hearing is held to: |
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Definition
determine if there is probable cause to hold the defendant for trial |
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Term
Eyewitness testimony and videotaped documentation are examples of what type of evidence? |
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What Amendment guarantees the right to an impartial jury? |
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