Ch. 13 Clicker Review

REVIEW Police illegally enter Serge’s house looking for a stolen TV. They do not find the TV, but they do observe a pawn ticket. Leaving the ticket where they find it, the officers go to the pawn shop where they observe the TV and seize it. Serge is prosecuted for the theft of the TV set. As Serge’s attorney, which of the following pretrial motions to exclude the evidence would you make? A) motion to change venue B) motion for continuance C) motion to suppress evidence D) motion for mistrial

REVIEW Which of these facts would a judge consider in deciding a motion to change venue? A) the community’s hostility B) the convenience of attorneys C) the convenience of the press D) none of the above

REVIEW What does it mean if a judge releases a defendant on personal recognizance? A) the defendant needs a third-party custodian B) the defendant is required to post bond C) the defendant has adequate ties to the community and can be expected to return to court D) none of the above

REVIEW In a grand jury proceeding, which of the following is true? A) Only the federal judicial systems uses this process. B) The defendant and his attorney have the right to present evidence during the proceeding. C) The prosecutor need not present all of the evidence the state has at this proceeding. D) The Fourth Amendment requires a grand jury indictment for a serious federal crime.

REVIEW Which of the following is an argument in support of pretrial release? A) It is a right guaranteed by the Sixth Amendment. B) It is punishment prior to conviction. C) It is a right guaranteed by the Fifth Amendment. D) It reflects the American judicial system’s presumption of innocence.

REVIEW Arraignment Bail Booking Grand jury Indictment Information The formal process of making a police record of an arrest A court session at which a defendant is charged and enters a plea Money or property put up by the accused or his or her agent to allow release from jail before trial A release from legal custody based on a defendant’s promise to show up for trial A prosecuting attorney’s formal accusation of the defendant, detailing the nature and circumstances of the charge Pretrial proceeding at which the prosecutor must prove that a crime was committed and establish the probable guilt of the defendant A group of 16 to 23 people who hear preliminary evidence to decide if there is sufficient reason to formally charge a person with a crime A grand jury’s formal charge or accusation of a criminal action C. Arraignment Bail Booking Grand jury Indictment Information Personal recognizance Preliminary hearing A. B. G. F. H. D. E.

REVIEW Deterrence Judicial integrity Motion for change of venue A Latin phrase meaning “no contest”; a defendant’s plea to criminal charges that does not admit guilt but also does not contest the charges; it is equivalent to a guilty plea but can not be used as evidence in a later civil trial for damages based on the same facts A document by which a party asks the judge to make a decision or take some action before the trial begins A request by the defendant to examine, before trial, certain evidence possessed by the prosecution A request to postpone a lawsuit to gain more time to prepare the case A request to change the location of a trial to avoid community hostility, for the convenience of a witness, or for other reasons A motion filed by a criminal defense attorney, asking the court to exclude any evidence that was illegally obtained from the attorney’s client This is an argument for the use of the exclusionary rule which emphasizes that courts should not permit law breaking by the police Measures taken to discourage criminal actions; usually some form of punishment G.   Deterrence Judicial integrity Motion for change of venue Motion for continuance Motion for discovery of evidence Motion to suppress evidence Nolo contendere Pretrial motion H. E. D. C. F. B. A.