Deck 12: Rights Associated With the Trial

Question 1

In some states,the government can use six-person juries on misdemeanor cases.

Answer 1

True

Question 2

When trial judges are faced with a conflict between the Freedom of the Press and the constitutional rights of the accused criminal,they should

A)always place the rights of the defendant above the rights of the press.
B)always place the rights of the press above the rights of the defendant.
C)attempt to balance these rights as best as they can.
D)none of the above.

Answer 2

C

Question 3

During Carl's trial,the defense attorney rises to cross-examine the victim,and the judge tells him that because of the sensitive nature of the case,the judge will not permit any cross- examination.This is a permissible action.

Answer 3

False

Question 4

When Sid is arrested,he is wearing rags.When he is processed into the local jail,he is issued a jumpsuit with the words "Prisoner" written on the back.He has no other clothes and his trial is approaching.His attorney files a motion requesting that Sid not be tried in prison clothing.How is the judge likely to rule? The judge will

A)grant the request and find some other clothes for Sid to wear.
B)deny the request because there is no prohibition against trying Sid in prison clothes.
C)grant the request because Sid is obviously poor.
D)deny the request because the attorney has filed the motion too late.

Question 5

During John's trial,he continues to interrupt the proceedings by yelling and trying to attack witnesses.What options does the judge have? The judge can

A)handcuff John to the chair and gag him.
B)have John returned to the local jail until he can behave himself.
C)have John's attorney held in contempt.
D)have John removed from the courtroom and kept in a nearby room where he can communicate with his attorney.

Question 6

In an upcoming case,a crucial government witness is extremely terrified about testifying in front of the defendant.What options does the government have?

A)Have the witness prepare an affidavit and submit that instead of his or her testimony.
B)Have the witness deposed prior to trial and use the transcript instead of his or her testimony.
C)Have the witness testify by closed-circuit television.
D)There are no options,the witness must testify from the witness stand in front of the defendant.

Question 7

A defendant has the right to an attorney in any proceeding where his or her rights may be in jeopardy.

Question 8

After the jury has been selected in a case and the trial has proceeded for several days,one of the jurors becomes seriously ill and has to be removed.No alternate jurors have been selected.What happens?

A)The trial must stop and a mistrial is declared.
B)The trial can continue after a replacement juror has been chosen from the community.
C)The trial must stop because the sick juror might talk about the case.
D)The trial can continue with only eleven jurors.

Question 9

When defendants plead guilty,they give up their right to a jury trial.

Question 10

Carl,while he is out on bond,flees the jurisdiction before his trial begins.The government can stage his trial without him.

Question 11

During the trial,the prosecutor tells the jury that the defendant committed the crime and that since the defendant will not take the stand to refute any of the charges,the only possible verdict is guilty.The defense attorney objects.How is the judge likely to rule?

A)Objection overruled,the prosecutor is allowed to say anything to the jury.
B)Objection sustained,the defendant is presumed to be innocent until proven guilty.
C)Objection overruled,the defendant must prove his or her innocence during the trial.
D)Objection sustained,the possible verdicts in this case are guilty and not guilty.

Question 12

John receives a parking ticket and wishes to contest it.He can request a jury trial.

Question 13

A defendant is only entitled to have an attorney appointed to represent him or her when he or she is charged with a felony.

Question 14

Cyril is charged with child molestation and the judge decides that no one should be permitted to attend the trial because the details are very embarrassing for the child victims.The defense attorney objects.How is the appellate court likely to rule?

A)Since the judge has complete authority in the courtroom,she can do as she pleases.
B)Although the judge is authorized to close a portion of the trial,she cannot close the entire proceeding.
C)Although normally a judge could not close an entire case to the public,because it involves child molestation she can.
D)Unless the prosecutor agrees with the defense attorney,the trial could remain closed.

Question 15

The term used to describe a jury that cannot reach a verdict in a case is

A)a mistrial jury.
B)a hung jury.
C)a petit jury.
D)a grand jury.

Question 16

A local Tribune reporter files a motion with the court requesting permission to interview the jurors in Cyril's case before they go out to deliberate.He thinks that interviews with the jurors will show how they evaluate a case.What is the judge likely to do?

A)Reject the motion because the press has no right to view a trial.
B)Approve the request because the press has an absolute right to juror access during the trial.
C)Reject the request because no one,including the press,has the right to interview the jurors during the trial.
D)Approve the request because such a procedure has been permitted in prior cases and it could be quite educational for the reading public.

Question 17

During Carl's trial,a police informant takes the stand.He is wearing a facemask and testifies behind a screen so that only the judge and the jury can see him.This is permissible in a jury trial.

Question 18

A defendant always has the right to represent himself or herself.

Question 19

An assumption that the jurors may make about a set of facts is

A)presumption.
B)conclusion.
C)assumption.
D)inference.