1. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 Pretrial Activities and the Criminal Trial CHAPTER 10

2. 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 07458 2

3. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 3 Correct Answer 4.All the above impact this decision

4. 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 07458 4

5. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 5 Correct Answer 3. Third-Party Custody Bond

6. 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 07458 6

7. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 7 Correct Answer 2.A way to filter out cases that do not have enough evidence to go forward in the system

8. 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 07458 8

9. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 9 Correct Answer 3. Arraignment

10. 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 07458 10

11. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11 Correct Answer 4.All of the above are correct

12. 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 07458 12

13. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 13 Correct Answer 2. Wrong, the court can say it is ok

14. 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 07458 14

15. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 15 Correct Answer 2. Wrong

16. 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 07458 16

17. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 17 Correct Answer 1.Free of bias and preconceived ideas of guilt or innocence of the defendant

18. 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 07458 18

19. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 19 Correct Answer 2. Challenge for Cause

20. 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 07458 20

21. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 21 Correct Answer 2. The Judge

22. 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 07458 22

23. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 23 Correct Answer 2. Direct

24. 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 07458 24

25. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 25 Correct Answer Survey or opinion question Graph the answers for class discussion

26. 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 07458 26

27. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 27 Correct Answer 4. Hung Jury

28. 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 07458 28

29. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 29 Correct Answer Survey or opinion question Graph the answers for class discussion