Procedures in the Justice System Chapter 6

In many jurisdictions the initial and first appearance before a judge where the state reads the official charges, called an information or indictment, against the defendant is referred to as the:

• arrest

• arraignment

• booking

• indictment

An arrested person must be taken before a magistrate:

• within 6 days.

• within 5 days.

• without unnecessary delay.

• as soon as possible.

Which of the statements below is or are correct regarding a complaint?

• It contains the charge(s) against the accused.

• It is a comparatively simple document.

• It is often referred to as an accusatory pleading.

• all of the above statements are correct.

The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required.

• Fourth

• Sixth

• Eighth

• Fourteenth

Which of the statements below is correct regarding bail?

• At common law, bail was generally approved in capital cases.

• The original purpose of bail was to ensure the accusedʹs presence at trial.

• Bail is presently used as a form of punishment.

• Bail was unknown in early England.

To establish uniformity in the amounts of bail required, many jurisdictions use:

• mandatory bail requirements.

• bail schedules.

• bail bonds persons.

• guesswork.

The phrase ʺexoneration of bailʺ means:

• the bail is forfeited.

• the property or money is returned to the surety.

• bail has been increased.

• the case has been dismissed and bail is no longer required.

Today, judges in many states will release an accused on his or her own recognizance:

• only on misdemeanor charges.

• on either felony or misdemeanor charges.

• only if he or she posts bail.

• All of the above are correct.

Which of the statements below is correct regarding the preliminary hearing?

• Many states use a preliminary hearing in lieu of a grand jury.

• The preliminary hearing is heard by the same judge who will conduct the trial in the case.

• The judge at the preliminary hearing should dismiss the charges unless the government establishes the accusedʹs guilt beyond a reasonable doubt.

• The preliminary hearing is expressly mentioned in the Constitution.

If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:

• orders the defendant to appear before a grand jury.

• orders that the defendant be released from custody.

• binds the defendant over for trial.

• dismisses the charges.