Chapter Nine
Criminal Law, Discovery, and Procedure
I. Sample Test Questions
Fill-ins
1.A(n)______is a formal accusation by a grand jury that a specifically named party has committed a criminal offense.
2.A party to a crime who is not at the scene is known as a(n) ______.
3.When one is informed at a hearing of criminal charges that have been filed by the
prosecutor and is asked to enter a plea, the hearing is known as a(n) ______.
4.Crimes with more serious penalties (usually those with possible sentences of greater
than one year) are known as ______.
5.______offenses have been designated as crimes because they are
regarded as inherently evil.
6.The ______defines insanity in terms of whether the defendant had such a defect of reason from disease of the mind that he or she did not understand the nature and quality of the act or, even if he or she did understand it, to know that it was wrong.
7.______means that the existing evidence of the defendant’s guilt would convince a reasonably prudent individual that the party committed the crime.
8.Evidence that tends to support the innocence of a defendant is known as ______evidence.
Short Answer
1.List three examples of felonies.
2.Who has the burden of proof in a criminal case?
3.What is the burden of proof in a criminal case?
4.Name two things that may occur at an arraignment.
5.Name and define the most common test for criminal insanity.
6.List three parties not historically held responsible for their crimes.
7.Name three reasons that a deposition might be used in a criminal case.
8.List the four ways that parties to a crime may be classified, and define each.
9.What is the main thing that happens at a preliminary hearing?
10.If a case begins with an indictment or information, what is the sequence of events from that point until the arraignment?
11.If a felony case begins with a complaint, what is the sequence of events from that point
until the arraignment?
12.If a misdemeanor case is begun with a complaint, what is the sequence of events from that point until the arraignment?
13.If a criminal case is begun with an arrest by a police officer at the scene of the crime, what is the sequence of events from that point until the arraignment?
14.Which of the following would come first in a federal trial? Please write the letter of the correct answer on the line to the left of each pair.
_____a.voir dire
b.arraignment
_____c.prosecutor’s opening statement
d.defendant’s attorney’s opening statement
_____e.the defendant’s case
f.the charge conference
II. Answers to the Sample Test Questions
Fill-ins
1.indictment
2.accessory
3.arraignment
4.felonies
5.mala in se
6.M’Naghten rule
7.probable cause
8.exculpatory
Short Answer
1.Answers will vary, but may include murder, rape, arson, burglary, or robbery, among many others.
2.the prosecution
3.beyond a reasonable doubt
4.The two most obvious answers would be that the charges are read to the defendant and the defendant enters a plea.
5.The M’Naghten rule is the most common test for criminal insanity. This rule defines
insanity in terms of whether the defendant had such a defect of reason from disease of the mind that he or she did not understand the nature and quality of the act or, even if he or she did understand it, to know that it was wrong.
6.very small children
the insane
those with diplomatic immunity
7.Answers will vary, but may include:
impeachment
death of a witness
excessive traveling distance for the witness
age, illness, infirmity, or imprisonment of the witness
8.The four ways parties to a crime may be classified include:
a.principal of the first degree
A principal of the first degree is the party who is actually involved in the perpetration of the crime.
b.principal of the second degree
A principal of the second degree is a party who aids or abets at the scene of the crime.
c.accessory before the fact
An accessory before the fact is one not present at the scene of the crime who aids the principals of the first or second degree prior to the commission of the crime.
d.accessory after the fact
An accessory after the fact is one who renders aid to the other criminal parties after the crime has already been committed.
9.The judge determines whether probable cause exists.
- While state law may be different from state to state, the most common sequence is indictment or information, arrest and booking, magistrate’s hearing, and arraignment.
- While state law may be different from state to state, the most common sequence is complaint, arrest, preliminary hearing, information, and arraignment
- While state law may be different from state to state, the most common sequence is complaint, arrest, magistrate’s hearing, and arraignment
- While state law may be different from state to state, the most common sequence is arrest, magistrate’s hearing, preliminary hearing, indictment or information, and arraignment
14.b
c
e
III. Answers to the Review Questions in the Text
1.No. Unlike civil matters, most states do not permit the taking of depositions in criminal cases at all. In the few states that do permit depositions of witnesses in criminal cases, the prosecutor cannot compel the defendant to testify because the defendant can always raise his or her Fifth Amendment right to refuse to do so on the grounds that the testimony may tend to be incriminating.
2.If the case is initiated either because: 1. a complaint was filed; 2. there was no arrest warrant, but the police officer felt there was probable cause that a felony had been committed; or 3. a criminal offense was committed in the police officer’s presence; then the subject may be arrested. Following the arrest, the party is brought to a preliminary hearing. The primary purpose of a preliminary hearing is for a judge to determine whether probable cause exists. This is to ensure that the probable cause determination
is not made solely by a police officer without the subject having an opportunity to contest that finding in a court of law.
An arraignment, which takes place after any preliminary hearing that may be held, serves several purposes. Those purposes include: 1. to inform the accused of the charges that have now been filed against him or her; 2. to appoint a public defender in the event that the subject cannot afford an attorney; and then 3. to provide an opportunity for the accused to enter a plea after consultation with his or her attorney.
3.Some of the most serious felony cases are initiated when a grand jury, which is usually composed of as few as 12 or as many as 23 members, meets to decide whether there is probable cause that a person or persons committed criminal acts. Probable cause means that the existing evidence of the defendant’s guilt would convince a reasonably prudent individual that the party committed the crime. If the grand jury determines that such probable cause exists and an indictment is therefore appropriate, a warrant for the person’s arrest will then be issued.
4.Teacher’s note: The answer to this question is calling for reasoned speculation on the part of the student and will not thereforebe found expressly in the book. However, you can steer the direction of the class discussion by suggesting that the probable reason for the rule is that the attorney for the defendant is much more likely to talk openly if it is understood that any comments made during the conference will not be used against the defendant.It is of course necessary to begin any classroom discussion by making sure that the students understand what the basic purpose of a pretrial conference is.
5.Criminal cases are ordinarily initiated by an indictment, an information, a complaint, or an arrest.
6.The prosecutor in the criminal case will have the greater burden of proof, since he or she will have to prove that the defendant is guilty beyond a reasonable doubt, whereas Harcourt will only have to prove the civil case against Findley by a preponderance of the evidence.
The burden of proof in a criminal case is to establish the case “beyond a reasonable doubt.” The burden is greater in criminal cases, because the defendant's liberty and possibly even life may be at stake.