CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Pretrial Activities and the Criminal Trial CHAPTER 10

What impacts the court’s decision to release a defendant prior to a trial? 1.Is the defendant a flight risk? 2.Will the defendant no show for court? 3.Is the defendant a danger to the public if released? 4.All the above impact this decision CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 4.All the above impact this decision

What type of bail uses a bail bondsman or bails bond agency to secure release from custody? 1.ROR (release own recognizance) 2.Property Bond 3.Third-Party Custody Bond 4.Deposit Bond 5.None of the above CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 3. Third-Party Custody Bond

A grand jury is held in secret and only hears evidence presented by the prosecutor. What else is true regarding grand juries? 1.This proceeding is unfair to the defendant. 2.A way to filter out cases that do not have enough evidence to go forward in the system. 3.Is a step required in all 50 states. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2.A way to filter out cases that do not have enough evidence to go forward in the system

The defendant hears charges and enters a plea at which type of hearing? 1.Bail hearing 2.Grand Jury 3.Arraignment 4.Preliminary hearing CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 3. Arraignment

What is a nolo contendre plea? 1.In the eyes of the court it is a guilty plea 2.In the heart of the defendant it is a “I won’t admit I did it but I will not fight it” plea 3.Literally it means “no contest” 4.All the above are correct CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 4.All of the above are correct

After a negotiated plea has been entered and accepted by the court the defendant may not change his/her mind. 1.Correct, it is too late 2.Wrong, the court can say it is ok CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Wrong, the court can say it is ok

Factual guilt and legal guilt are the same thing. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Wrong

What does the Constitution mean by an impartial jury? 1.Free of bias and preconceived ideas about the guilt or innocence of the defendant. 2.Free of opinions and you must not have read or heard anything about the case in the media. 3.There is no such thing as an impartial jury. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 1.Free of bias and preconceived ideas of guilt or innocence of the defendant

If a potential jury member indicates he/she has strong feelings about the death penalty in a capital case, the jury pool member may be removed on which challenge? 1.Peremptory challenge 2.Challenge for Cause 3.Challenge to the Array CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Challenge for Cause

Gruesome pictures of the crime scene might be prejudicial or inflammatory by upsetting the jury. Who decides whether this type of evidence is appropriate to the case? 1.The defendant and defense attorney 2.The Judge 3.The prosecutor and jury foreman CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. The Judge

Facts that do not need to be interpreted such as photographs are considered which type of evidence? 1.Real 2.Direct 3.Circumstantial 4.Prejudicial CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Direct

If you were a jury member in a murder case, would it affect your decision in the case if the defendant plead the 5 th ? 1.Yes, if they’re innocent they should say so 2.No, I would look at just the facts 3.I don’t know what pleading the 5 th means CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer Survey or opinion question Graph the answers for class discussion

What do you call a jury that can not reach a verdict? 1.Unprofessional Jury 2.Sequestered Jury 3.Jury Nullification 4.Hung Jury CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 4. Hung Jury

Have you ever served on a jury? 1.I have been called but did not get selected 2.No I have never been called for duty 3.Yes, I have served on a jury 4.I opted as a college student to request that I be excused CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer Survey or opinion question Graph the answers for class discussion