Deck 9: Trial and Punishment

Question 1

An accused is not protected by the double jeopardy clause from being retried for the same offense:

A) when the first trial ends in a conviction that is later set aside on appeal because of errors committed at the trial.
B) when the trial judge is forced to prematurely abort the first trial for reasons of manifest necessity.
C) when the accused requests and is granted a mistrial before a verdict is reached.
D) for any of the above reasons.

Answer 1

D

Question 2

The following Supreme Court case highlights the unfairness in application of the death penalty:

A) McClesky v. Kemp
B) Arizona v. Youngblood
C) California v. Trombetta
D) United States v. Perez

Answer 2

A

Question 3

The following decision governs exculpatory information being given over to the defense:

A) Baldwin v. New York
B) Barker v. Wingo
C) Brady v. Maryland
D) United States v. Marion

Answer 3

C

Question 4

Notwithstanding the attachment of jeopardy, the accused can be retried for the same offense when the first trial ends in a mistrial due to:

A) the death of a juror.
B) the inability of jurors to reach a verdict.
C) a request made by the defense.
D) any of the above reasons.

Question 5

Double jeopardy does not apply if the following takes place:

A) a mistrial is declared (barring the deliberate commission of a prejudicial error on the part of the prosecution)
B) successful appeal of a conviction
C) retrial after "manifest necessity"
D) all of the above

Question 6

A masked bandit robbed a federally insured bank located in the State of New York. John Smith was arrested by federal authorities and tried for this crime under the federal bank robbery law. Under settled interpretation of the Fifth Amendment, the State of New York may retry Smith:

A) for the same criminal acts under state law only if the federal trial ends in an acquittal.
B) for the same criminal acts under state law only if the federal trial ends in a conviction.
C) for the same criminal acts only if state and federal statutes both require proof of one distinct element.
D) for the same criminal acts under a state statute, even if the state and federal statutes are identical.

Question 7

Trial by a jury of one's peers was a unique invention of the American justice system.

Question 8

The accused is placed in jeopardy (i.e., jeopardy attaches) when:

A) he or she is indicted.
B) he or she is arraigned and enters a plea to the indictment.
C) the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony.
D) the jury returns a verdict.

Question 9

In order to have double jeopardy protection against a second prosecution:

A) the first trial must end in acquittal.
B) both prosecutions must involve a felony.
C) both prosecutions must be brought under the same section of the penal code.
D) both prosecutions must be brought by the same sovereign entity for the same offense.

Question 10

Laws like those requiring sex offenders to register with local police are constitutional under the Eighth Amendment because:

A) the Eighth Amendment distinguishes between criminal and civil punishments
B) double jeopardy has not attached
C) of "manifest necessity"
D) both a & c

Question 11

A grand jury is conducted in public.

Question 12

The "same transaction" test:

A) is used by the federal courts and most state courts to determine when charges brought under different portions of the penal code represent the same offense.
B) protects an accused against reprosecution only if his or her first trial ends in an acquittal.
C) requires the prosecutor to consolidate all criminal charges arising out of the same act or transaction for trial in one proceeding.
D) requires the prosecutor to consolidate all criminal charges arising out of the same act or transaction for trial in one proceeding.

Question 13

Voir dire refers to:

A) examination of potential jurors
B) cruel and unusual punishment
C) grand jury proceedings
D) double jeopardy

Question 14

A defendant's double jeopardy rights are violated if he or she is retried for the same offense:

A) by the federal government after being acquitted in a state court.
B) by the same sovereign entity after a mistrial is granted for reasons of manifest necessity.
C) by the same sovereign entity after the jury at his first trial was unable to reach a unanimous verdict.
D) in none of these situations.

Question 15

One or more of these must be present for a crime to be eligible for the death penalty:

A) mitigating factors
B) aggravating factors
C) statutes of limitation
D) voir dire

Question 16

Jeopardy attaches in a jury trial when:

A) as soon as a jury has been empanelled and sworn in
B) after criminal prosecution has been initiated
C) when the defense rests
D) when the jury reaches a verdict

Question 17

Protection against double jeopardy is provided in the:

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

Question 18

The right to a speedy trial is protected under:

A) due process
B) the Sixth Amendment
C) the Eighth Amendment
D) the Fifth Amendment

Question 19

Courts consider the following factors when deciding whether prejudicial news coverage compromised the impartiality of the jury, except for:

A) extent of the publicity
B) proximity of time to trial
C) nature of the publicity
D) exculpatory evidence

Question 20

The following is eligible for the death penalty on its own:

A) armed robbery
B) rape
C) murder
D) all of the above

Question 21

For most crimes, criminal charges must be made within a fixed number of years.

Question 22

Juvenile trials are not jury trials.

Question 23

In both federal and state jury trials, the number of jurors must be twelve.