Deck 12: Constitutional Rights of the Accused During Trial

Question 1

Under the Sixth Amendment juvenile offenders have

A)no right to any due process protections.
B)no right to a jury trial for any offense.
C)a right to a jury trial if the offense is a felony.
D)a right to a jury trial if the offense is a serious one.

Answer 1

B

Question 2

At a jury trial,for purposes of double jeopardy,jeopardy attaches when

A)the first witness has been called and sworn.
B)a competent jury has been sworn.
C)the charges are read to the defendant.
D)the bailiff or clerk calls the case for trial.

Answer 2

B

Question 3

A defendant whose conviction is reversed cannot be retried because

A)this would violate single-jeopardy.
B)the decision was privileged.
C)the reversal is equivalent to an acquittal.
D)all of the facts were known at the first trial.

Answer 3

C

Question 4

Which of the following is not a factor in determining whether the Sixth Amendment right to a speedy trial has been violated?

A)The prosecution's demand for a speedy trial
B)The reasons for the delay
C)The prejudice to the defendant
D)The defendant's assertion of the right

Question 5

At trial,the defendant testifies in his or her own behalf.Under the Fifth Amendment,the defendant

A)cannot be cross-examined by the prosecution.
B)can be cross-examined by the prosecution but cannot be asked incriminating questions.
C)can be cross-examined by the prosecution and asked incriminating questions only if granted immunity.
D)can be cross-examined like any witness.

Question 6

Which of the following is not one of the three main methods that governments use to provide attorneys for indigent criminal defendants?

A)Retained counsel
B)Public defender programs
C)Assigned counsel
D)Contract attorney systems

Question 7

Under the Sixth Amendment,in state criminal cases,the minimum number of jurors required is

A)five.
B)six.
C)nine.
D)twelve.

Question 8

A statute that prohibits prosecution for a crime if the person is not prosecuted within a certain amount of time is called a statute of

A)litigation.
B)limitation.
C)liberality.
D)locution.

Question 9

If a prosecutor or defense attorney used peremptory challenges to remove potential jurors solely on the basis of that potential juror's race or gender,it would be a violation of the

A)due process clause.
B)equal protection clause.
C)right to a jury of one's peers.
D)Sixth Amendment right to a jury trial.

Question 10

Which of the following is not a violation of double jeopardy?

A)A second prosecution for the same offense after acquittal
B)A second prosecution for the same offense after conviction
C)Multiple punishments for the same offense
D)A second prosecution for the same offense after a successful appeal granting a new trial

Question 11

A change of venue,sequestration of the jury,continuances,"gag rules" and controls on the media are all mechanisms which,under certain circumstances,judges may use to

A)assure that a defendant has effective assistance of counsel.
B)protect the First Amendment rights of the public and media.
C)control prejudicial publicity.
D)assure a speedy trial.

Question 12

Which of the following is NOT a proceeding where a defendant has a Sixth Amendment right to counsel?

A)Custodial interrogation prior to the filing of formal charges
B)Lineups after the filing of formal charges
C)Arraignment
D)Preliminary hearing

Question 13

Immunity from prosecution,where the witness is assured only that his or her testimony and evidence derived from it will not be used against him or her in a subsequent prosecution is called

A)transactional immunity.
B)use and derivative use immunity.
C)arraignment immunity.
D)None of the answers are correct.

Question 14

The source of the right to confront witnesses is the

A)Sixth Amendment.
B)Fifth Amendment.
C)equal protection clauses.
D)due process clauses.

Question 15

For purposes of determining when there has been a violation of the Sixth Amendment right to a speedy trial,courts examine four factors.Which of the following is NOT one of those four factors?

A)Prejudice to the prosecution
B)Length of the delay
C)Reasons for the delay
D)Defendant's assertion or non-assertion of the right to a speedy trial

Question 16

In contrast to the defendant at a criminal trial,a witness called by either the prosecution or defense

A)has no privilege against self-incrimination.
B)has no right not to be called as a witness by the prosecution.
C)cannot be granted immunity.
D)cannot be cross-examined.

Question 17

From a defendant's perspective,the best kind of immunity to have is immunity.

A)use
B)derivative use
C)use and derivative use
D)transactional

Question 18

Which of the following guilty verdict jury votes has been upheld by the U.S.Supreme Court?

A)Five out of six
B)Seven out of twelve
C)Eight out of twelve
D)Nine out of twelve

Question 19

If a criminal prosecution has commenced (formal charges have been filed)a defendant has Sixth Amendment right to an attorney at every

A)contact with government officials.
B)contact with victims or witnesses.
C)critical stage.
D)step of the investigation.

Question 20

Which of the following is NOT a valid technique for controlling prejudicial publicity in a criminal case?

A)Change of venue
B)Sequestration of jury
C)Issuance of a gag rule
D)Closing the trial to the public and media

Question 21

The leading case of the right to a court-appointed lawyer is:

A)Gideon v.Wainwright.
B)Batson v.Kentucky.
C)Brady v.Maryland.
D)Lockhart v.McCree.

Question 22

Any witness,other than an accused on the witness stand,has the privilege of the witness to refuse to disclose any information that may

A)put him or her at risk.
B)"tend to incriminate" him or her.
C)jeopardize his or her reputation.
D)not help his or her side.

Question 23

Which of the following is NOT a type of immunity?

A)Transactional
B)Use
C)Derivative use
D)Privileged

Question 24

The right to counsel is constitutionally required in which of the following proceedings?

A)Preliminary examination
B)Arraignment
C)Trial
D)All of the answers are correct.

Question 25

Immunity that provides that the witness can no longer be prosecuted for any offense whatsoever arising out of that act or transaction is called

A)transactional immunity.
B)use immunity.
C)derivative use immunity.
D)None of the answers are correct.

Question 26

The right to trial by jury is a basic constitutional right based on which Amendment to the Constitution?

A)Fourth Amendment
B)Fifth Amendment
C)Sixth Amendment
D)Eighth Amendment

Question 27

In which of the following situations has the Court determined the defendant had ineffective assistance of counsel?

A)When a lawyer slept through parts of the trial
B)When a lawyer had the victim as a client
C)When a lawyer failed to conduct a reasonable investigation into his client's social history and mitigating factors
D)When a lawyer remained silent during closing arguments

Question 28

A defendant's waiver of the right to counsel is sufficient as long as it is

A)knowing.
B)intelligent.
C)voluntary.
D)All of the answers are correct.

Question 29

Which of the following is NOT a legitimate reason to disqualify a juror?

A)Race
B)Gender
C)Age
D)Race and gender are legitimate reasons for disqualifying a juror

Question 30

Before an accused can be permitted to waive counsel and represent himself or herself,which of the following constitutional requirements must be met?

A)Awareness of the right to counsel
B)Express waiver
C)Competency of the accused
D)All of the answers are correct.

Question 31

The right to a fair and impartial trial comes from what Amendment to the Constitution?

A)Fourth Amendment
B)Fifth Amendment
C)Fourteenth Amendment
D)Both the Fifth and Fourteenth Amendments

Question 32

The defendant in a criminal case has right not to take the stand and not to testify.This is known as privilege of the

A)accused.
B)court.
C)defendant.
D)attorney

Question 33

The successive prosecution of a defendant for the same offense by the same jurisdiction is known as

A)same offense.
B)jeopardy.
C)double jeopardy.
D)both jeopardy and double jeopardy.

Question 34

The test for whether an error by trial counsel constitutes ineffective assistance of counsel is whether the

A)defendant got a fair trial.
B)defendant is guilty.
C)defendant could have gotten a better deal by plea bargaining.
D)trial cannot be relied upon to have produced a just result.

Question 35

The constitutional right to a trial by jury applies to a serious offense,which is an offense

A)for which any incarceration is authorized.
B)which are classified as felonies.
C)which are deemed to be high crimes or misdemeanors.
D)for which more than six months' imprisonment is authorized.

Question 36

A defendant has a Sixth Amendment right to an attorney

A)at habeas corpus proceedings.
B)during grand jury investigations.
C)at grand jury proceedings.
D)at preliminary hearings.

Question 37

The Amendment that guarantees the right to trial by a jury of peers is the

A)Fourth Amendment.
B)Fifth Amendment.
C)Sixth Amendment.
D)Seventh Amendment.

Question 38

A defense lawyer's loyalty is to the ,not to society

A)client
B)community
C)court
D)state

Question 39

Which of the following are types of immunity?

A)Transnational
B)Bonded use
C)Derivative use
D)All of the answers are correct.

Question 40

A jury of twelve is not required by the Sixth Amendment in criminal or civil trials;that number,however,is often required by

A)state law.
B)federal law.
C)court rules.
D)state or federal law.

Question 41

The right to protection against self-incrimination does not apply to what type of evidence?

A)Physical
B)Testimonial
C)Sworn statements
D)Affidavits

Question 42

Exemption from prosecution granted to a witness in exchange for their testimony is called .

Question 43

In a criminal case,the legal process to be followed,depending on the type of proceeding involved,is called

A)substantive due process.
B)motions to produce.
C)procedural due process.
D)None of the answers are correct.

Question 44

Defendants are deemed to have waived their Fifth Amendment privilege against self-incrimination at trial if they

A)gave a pretrial confession.
B)discuss the case with their lawyer.
C)plead the Fifth Amendment right not to testify.
D)waive the Fifth Amendment right not to testify.

Question 45

To prove ineffective assistance of counsel,the Andy must

A)point out specific errors made by the trial counsel.
B)make general claims of mistakes by the trial counsel.
C)prove the trial counsel's fee was paid in full.
D)prove the trial counsel did not do what the defendant told him to do.

Question 46

The rule stating the prosecutor has a duty to disclose evidence favorable to a defendant is called the

A)Miranda Rule.
B)Botts Rule.
C)Brady Rule.
D)Gideon Rule.

Question 47

The privilege against self-incrimination applies only to

A)physical evidence.
B)identification.
C)testimonial or communicative evidence.
D)evidence obtained from the person of the suspect.

Question 48

If the prosecutor has failed his duty to disclose evidence favorable to Fred,then such failure to disclose violates Fred's constitutional right to .

A)due process
B)equal protection
C)a free lawyer
D)a grand jury

Question 49

Disqualification of a potential juror based on race by the defense or prosecution is a challenge.

Question 50

A lawyer who is paid by the defendant,and not the state,is called counsel.

Question 51

Moving a trial to another county or location is known as a .

Question 52

The Constitution does not require that guilty verdicts in criminal cases be .

Question 53

Whether paid for by the defendant or the government,the obligation of Andy's defense attorney is,within the bounds of the law and ethics,to

A)see that justice is done.
B)give the client the best possible defense.
C)serve the public interest.
D)urge the defendant to plead guilty.

Question 54

The practice of involves keeping a jury together and strictly controlling their contact with the outside world.

Question 55

The burden of proof at a criminal trial is on the prosecution to prove the defendant's guilt beyond a reasonable
____________.

Question 56

If jury unanimity is required for a verdict,a jury which cannot reach a unanimous verdict is called a
jury.

Question 57

Fundamental fairness defines a constitutional right called

A)equal protection.
B)due process.
C)protection from cruel and unusual punishment.
D)freedom of speech.

Question 58

The right to a speedy and public trial is found in the Amendment.

Question 59

For purposes of the constitutional right to a trial by jury,a petty offense is one for which
than six months' imprisonment is authorized.

Question 60

The concept that there are some aspects of a person's life that are so basic and private to the individual that they cannot be regulated by the government is called

A)procedural due process.
B)discovery.
C)protection from cruel and unusual punishment.
D)substantive due process.

Question 61

Jurors in a criminal trial cannot be disqualified because of or gender.

Question 62

Aspects of a person's life that cannot be regulated by the government because they are so basic and private to the individual constitute due process.

Question 63

The right to a fair and impartial trial is contained in the Sixth Amendment and in the Amendment.

Question 64

The right against self-incrimination is contained in the Amendment.

Question 65

To claim ineffective assistance of counsel,a defendant must make allegations about the conduct of the lawyer.

Question 66

The prohibition against self-incrimination does not prohibit self-incrimination.

Question 67

__________is when jurors are kept together during the trial and have strictly controlled contact with the outside world.

Question 68

A defendant has the right to be represented by counsel at " " of the criminal proceeding.

Question 69

The successive prosecution of a defendant for the same crime by the same jurisdiction would be a violation of the Fifth Amendment prohibition against .

Question 70

The prohibition against self-incrimination does prohibit or communicative self-incrimination.

Question 71

The responsibility of the defense lawyer is to the .

Question 72

Counsel is needed during a trial,because it is a stage of the criminal justice process.

Question 73

A claim of ineffective assistance of counsel is based on the Amendment.

Question 74

A defendant's right to hire an attorney of his or her own choosing may be limited by the trial court to avoid a possible
of interest.

Question 75

A defendant is if he or she is too poor to hire a lawyer.

Question 76

Under Miranda,a suspect has a right to an attorney when undergoing interrogation.

Question 77

One of the two due process clauses in the U.S.Constitution is found in the Fifth Amendment.The other is found in the Amendment.

Question 78

The legal process that is to be followed,depending upon the type of proceeding involved is called due process.

Question 79

Waiver of counsel cannot be inferred from the accused's silence but must be a(an)waiver.

Question 80

_ is the process whereby potential jurors are assembled in court and questioned by the judge or attorneys so either side can determine if they should be chosen for or disqualified from membership in a trial jury.