Deck 10: The Criminal Trial

Question 1

What type of evidence is brought into court and seen by the jury,as opposed to evidence that is described for the jury?

A)Direct
B)Circumstantial
C)Real
D)Relevant

Answer 1

C

Question 2

What type of evidence tends to make a fact in question more or less probable than it would be without the evidence?

A)Direct
B)Circumstantial
C)Real
D)Relevant

Answer 2

D

Question 3

With a writ of habeas corpus,a lawyer orders an incarcerated person to be produced in court.

Answer 3

False

Question 4

Evidence seen by a jury in court is real evidence.

Question 5

What type of evidence establishes the existence of a fact that is in question without relying on inference?

A)Direct
B)Circumstantial
C)Real
D)Relevant

Question 6

A defendant has the right to "take the fifth" without prejudicing the jury in the prosecution's favor.

Question 7

A dying declaration would usually qualify as an exception to the hearsay rule.

Question 8

The right to a speedy trial is provided for under the

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

Question 9

What type of evidence is offered to establish,by inference,the likelihood of a fact that is in question?

A)Direct
B)Circumstantial
C)Real
D)Relevant

Question 10

The United States Supreme Court does not require a trial by jury for defendants charged with misdemeanor crimes.

Question 11

Which of the following is true regarding peremptory challenges?

A)unlimited.
B)limited in number.
C)not allowed in capital cases.
D)are not allowed as a result of Swain v.Alabama.

Question 12

The burden of proof in a criminal trial lies with the defense.

Question 13

Evidence is anything used to prove the existence or nonexistence of a fact.

Question 14

The standard of guilt in criminal trials is

A)clear and convincing evidence.
B)preponderance of the evidence.
C)without a doubt.
D)beyond a reasonable doubt.

Question 15

A challenge for cause does not have to specify a reason that a prospective juror should be excused.

Question 16

Double jeopardy always prevents a criminal defendant from being tried twice for the same crime.

Question 17

The size of the jury in federal cases

A)can be as large as the defense team desires.
B)is set at twelve and cannot be adjusted.
C)can be limited to a fewer than six members if the defendant requests it.
D)can be smaller than twelve if both sides agree in writing.

Question 18

What crime is exempt from the statute of limitations?

A)Rape
B)Kidnapping
C)Arson
D)Murder

Question 19

When a witness takes the stand to offer testimony during a criminal trial,both the defense and the prosecutor have opportunities to question them.

A)one
B)two
C)three
D)four

Question 20

The "charge" sets forth the rules of law to be applied by the jury in reaching a decision.

Question 21

Which of the following is not an affirmative defense?

A)Self-defense
B)Duress
C)Insanity
D)Alibi

Question 22

When the appellate court sends the case back to the trial court without overturning it,the case is said to be

A)upheld.
B)remanded.
C)reversed.
D)stalled.

Question 23

In which of the following circumstances does double jeopardy apply?

A)When the defendant will be charged both criminally and civilly
B)When the first trial ends in a hung jury
C)When the defendant will be charged in both state and federal criminal court
D)The state prepares a second criminal trial for the same defendant and the same crime

Question 24

In which case did the U.S.Supreme Court set forth rules whereby a judge may send a deadlocked jury back to reconsider the majority view?

A)United States v.Dinitz(1976)
B)Allen v.United States(1896)
C)Sattazahn v.Pennsylvania(2003)
D)Miranda v.Arizona(1966)

Question 25

When the jury comes back with a vote for acquittal and the case evidence clearly points to the defendant's guilt, this is known as

A)jury nullification.
B)a hung jury.
C)vigilante justice.
D)a mistrial.

Question 26

The is a law limiting the amount of time prosecutors have to bring criminal charges against a suspect after the crime has occurred.

A)statute of liberty
B)diminished responsibility
C)voir dire
D)statute of limitations

Question 27

Which of the following is NOT grounds for an appeal?

A)To correct an error in the first trial
B)To challenge or correct policy
C)The defendant has obtained new,more expensive counsel
D)When an existing law no longer reflects the values of society

Question 28

Witnesses who have been granted cannot refuse to answer questions on the basis of self-incrimination.

A)money
B)clearance
C)witness protection
D)immunity

Question 29

In which case did the U.S.Supreme Court prohibit prosecutors from the use of peremptory challenges to strike possible jurors on the basis of race?

A)Batson v.Kentucky(1986)
B)Powers v.Ohio(1991)
C)Georgia v.McCollum(1992)
D)J.E.B.v.Alabama ex rel.T.B.(1994)

Question 30

Which of the following is NOT one of the five steps of the appeals process?

A)Oral arguments.
B)Submission of briefs
C)Testimony of witnesses
D)Submission of exhibits from the first trial

Question 31

A trial conducted without a jury,in which a judge makes the determination of the defendant's guilt or innocence, is called a .

A)venire
B)jury trial
C)voir dire
D)bench trial

Question 32

Which of the following is not a requirement to serve on a jury?

A)A citizen must be 18 years of age.
B)A citizen must be able to read,write and comprehend English.
C)A citizen must be a registered voter.
D)A citizen must be free from felony convictions.

Question 33

In which case did the U.S.Supreme Court hold that the prosecutorial tactic of citing a defendant's refusal to testify as an indicator of the defendant's guilt effectively invalidates the defendant's Fifth Amendment right to remain silent?

A)Barker v.Wingo(1972)
B)Duncan v.Louisiana(1968)
C)Ballew v.Georgia(1978)
D)Adamson v.California(1947)

Question 34

Voir dire translates from French as

A)"for justice."
B)"a test of truth."
C)""to come"
D)"to speak the truth."

Question 35

In all felony cases,the defendant is entitled to a .

A)veneer trial
B)jury trial
C)voir dire
D)bench trial

Question 36

Venire is best described as

A)a list of all those eligible to serve on a criminal trial jury.
B)a pool of citizens called to the courthouse from which the jury will be chosen.
C)a written questionnaire that potential jurors must complete for the court.
D)the preliminary questions that attorneys ask jurors in order to determine if they are biased for or against the defendant.

Question 37

The Fifth Amendment includes

A)the prohibition against double jeopardy
B)the right to a speedy trial
C)the right to confront witnesses
D)the right to an attorney

Question 38

The presumption in criminal law is that a defendant is until proved guilty.

A)neither innocent nor guilty
B)cleared
C)guilty
D)innocent

Question 39

At trial,after the prosecution rests,the defense can make a

A)motion for appeal.
B)motion for a directed verdict.
C)motion for habeas corpus.
D)motion for voir dire.

Question 40

The right to confront witnesses during a criminal trial is guaranteed in the

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

Question 41

The notoriety of the case stemmed from what factor?

A)The brutal nature of the crime.
B)The local nature of the crime.
C)The local news coverage the crime received.
D)The presence of a big-city law firm which handled the defense.

Question 42

During the trial,Stacy Peterson's pastor testified that she told him that Peterson got out of bed and left their house in the middle of the night around the time of Savio's death.This falls under the category of circumstantial
Evidence because

A)the pastor didn't actually witness Peterson leaving his house
B)the coroner's report disputed this version of events
C)Peterson claimed he was innocent
D)the pastor didn't actually talk to Stacy Peterson

Question 43

A juror may be excused without a supporting reason or cause using a challenge.

Question 44

The Constitutional guarantee of a trial by an impartial jury is found in which amendment?

A)Sixth
B)First
C)Fourth
D)Fifth

Question 45

A jury is isolated from the public.

Question 46

What type of evidence was lacking in the Peterson trial?

A)direct
B)circumstantial
C)relevant
D)testimony

Question 47

What action by which jury triggered the opportunity for a retrial?

A)The San Francisco jury's vote of 11-1
B)The Maine jury's vote to acquit
C)Manslaughter has no statute of limitations
D)The hung jury in Maine

Question 48

In which case(s)would a second trial occur due to the actions of the jury?

A)San Francisco only
B)Maine only
C)Both Maine and San Francisco
D)Neither Maine nor San Francisco

Question 49

is the process of questioning prospective jurors to identify potential bias or any connection to the defendant or a witness.

Question 50

What quality of the jurors from Caribou,Maine is less likely to be found in potential jurors from Houlton?

A)Unbiased opinion
B)Direct knowledge of the case
C)A relationship with the defendant
D)Emotional ties to the victims

Question 51

A civil trial is more likely in which case?

A)San Francisco
B)Maine
C)Both Maine and San Francisco
D)In neither case a would a civil case be allowed

Question 52

What might be considered circumstantial evidence?

A)The existence of a motive to kill Stacy Peterson
B)The coroner's report on Kathleen Savio.
C)Police suspicions about the disappearance of Stacy Peterson
D)Peterson's status as a former police officer

Question 53

The change in venue request by the defense presumes what about the pool of potential jurors from Houlton,Maine?

A)The jurors might not have a presumption of innocence.
B)The jury pool would be too small to pick from.
C)Potential jurors from a small town like Houlton might not have the sophistication to follow the case.
D)The jury pool contains too many people without knowledge of the case.

Question 54

The coroner's report is an example of what type of evidence?

A)circumstantial
B)direct
C)relevant
D)suppressed

Question 55

What is not a next step for both prosecutors in Maine and San Francisco?

A)an appeal
B)a re-trial
C)All of these choices
D)a civil trial

Question 56

The defense attorneys would have less reason to do this during jury selection in Caribou,Maine than in during jury selection in Houlton?

A)Challenge for cause
B)Peremptory challenge
C)make a prima facie case that there has been discrimination during venire
D)Show a Batson violation has occurred

Question 57

The fact that Stacy Peterson was Drew's alibi on the night of Kathleen Savio's death is an example of what type of evidence?

A)circumstantial
B)direct
C)relevant
D)suppressed

Question 58

An order that requires corrections officials to bring an inmate before a court or judge and explain why he or she is being held in prison is .

Question 59

Double jeopardy would only apply in which case(s)?

A)San Francisco only
B)Neither Maine nor San Francisco
C)Maine only
D)Both Maine and San Francisco

Question 60

The prohibition against double jeopardy is contained within the Amendment.

Question 61

The Sixth Amendment guarantees the defendant the right to an jury.

Question 62

is the conviction,either by verdict or by guilty plea,of a person who is factually innocent of the charges.

Question 63

The level of proof needed for a criminal conviction is .

Question 64

Jury occurs when jurors acquit a defendant despite significant evidence of guilt.

Question 65

is anything that is used to prove or disprove a fact.

Question 66

The Constitutional protection against self-incrimination is embodied in the Amendment.

Question 67

A jury is one whose members are irreconcilably divided.

Question 68

In a(n) charge,the judge asks jurors in the minority of a deadlocked to reconsider the majority opinion.

Question 69

is the term used to describe an order that requires correctional officials to bring an inmate before a court or a judge and explain why he/she is being held in prison.

Question 70

When using a(n) ,the defense suggests that while the criminal act took place,the defendant should not be found guilty because of certain circumstances surrounding the crime.

Question 71

The questioning of opposing witnesses during trial is examination.

Question 72

Evidence tending to make a fact in question more or less probable than it would be without the evidence is called
.

Question 73

Witnesses are often granted before testifying,meaning that no information they disclose can be used to bring criminal charges against them.

Question 74

Only evidence is admissible in court.

Question 75

The Amendment guarantees the right to a speedy trial.

Question 76

Both the prosecution and the defense have the opportunity to question prospective jurors in a proceeding known as

Question 77

Seeking a higher court's review of a lower court's decision is done through a(n) .

Question 78

The end of a criminal case,meaning that the outcome of the case is no longer susceptible to challenge by prosecutors or the defendant,is called

Question 79

When the defense presents an alibi to refute the defendant's culpability,this is an example of an defense.

Question 80

A in a state court is known as a "motion for judgment as a matter of law" in the federal courts.