Question 1

The &#34;separate sovereigns&#34; doctrine permits multiple punishments:&#10;A)if imposed by federal and state governments.&#10;B)if imposed by state and municipal governments.&#10;C)if imposed in separate criminal and civil trials.&#10;D)if imposed for contempt of court.

Accepted Answer

The "separate sovereigns" doctrine allows for multiple punishments to be imposed if they are imposed by different sovereigns, such as the federal and state governments. This means that a person can be punished for the same crime by both the federal government and state government, without it being considered double jeopardy. The "separate sovereigns" doctrine allows for multiple punishments if they are imposed by different sovereigns, such as federal and state governments, for the same underlying offense. This means that a defendant can be prosecuted and punished separately by both the federal and state governments for the same crime, without violating the Double Jeopardy Clause of the Fifth Amendment.

Question 2

Discovery of exculpatory evidence:&#10;A)is exclusively governed by local statute.&#10;B)is within the discretion of the trial judge.&#10;C)is constitutionally mandated in some situations.&#10;D)is a matter of negotiation between prosecution and defense.

Accepted Answer

The discovery of exculpatory evidence is constitutionally mandated in some situations, specifically by the Supreme Court's decision in Brady v. Maryland. This means that prosecutors are required to disclose any evidence that is favorable to the defendant and material to their guilt or punishment. Failure to disclose such evidence can result in a violation of the defendant's due process rights. The discovery of exculpatory evidence is constitutionally mandated in some situations under the due process clause of the Fifth and Fourteenth Amendments, as established in the landmark case Brady v. Maryland. The prosecution has a duty to disclose any evidence that may be favorable to the defendant and that could affect the outcome of the trial. This duty applies to all evidence within the prosecution's possession or control, regardless of whether the defense requests it or not. The trial judge is responsible for ensuring that the prosecution complies with this duty, and failure to do so can result in a reversal of the conviction. Therefore, the discovery of exculpatory evidence is not exclusively governed by local statute or a matter of negotiation between prosecution and defense.

Question 3

As a part of pretrial discovery, the prosecution is often required to disclose:&#10;A)the defendant's prior criminal record.&#10;B)scientific tests conducted by police.&#10;C)the defendant's prior statements.&#10;D)all of the above.

Accepted Answer

As part of pretrial discovery, the prosecution is required to disclose all of the above mentioned options. This is done so that the defendant has a fair chance to prepare their defense and examine the evidence brought against them. Disclosure of the defendant's prior criminal record, scientific tests conducted by police, and the defendant's prior statements can all have a significant impact on the outcome of the trial, and therefore must be shared with the defense. The prosecution is required to disclose all of the above as a part of pretrial discovery. This is because the defendant's prior criminal record, scientific tests conducted by police, and the defendant's prior statements all have a bearing on the case and can impact the outcome of the trial. Disclosure of this information ensures that both parties have access to all relevant information and can prepare accordingly.

Question 4

The remedy for a violation of a defendant's constitutional speedy trial right is:&#10;A)a dismissal of the charge without prejudice to the prosecutor's ability to refile the same charge.&#10;B)the defendant is granted pretrial release.&#10;C)the charge is dismissed and the defendant goes free.&#10;D)the prosecution must open its files for inspection by the defense.

Accepted Answer

When a defendant's constitutional right to a speedy trial is violated, the remedy is typically the dismissal of the charges, and the defendant is released. This is because the right to a speedy trial is fundamental, and its violation undermines the integrity of the judicial process, warranting the dismissal of charges.

Question 5

A motion to sever offenses:&#10;A)asks that all defendants receive a separate trial.&#10;B)asks for separate trials for separate offenses.&#10;C)asks that all punishment be served concurrently.&#10;D)asks for a change of venue.

Accepted Answer

A motion to sever offenses asks that separate trials be held for separate offenses. This is typically done when a defendant is facing multiple charges that are unrelated to each other, as it allows for a more focused trial and can prevent confusion for the jury. It is different from asking that each defendant receive a separate trial (option A), which would mean that each defendant would be tried separately for all of the offenses they are charged with. Options C and D are not related to a motion to sever offenses. A motion to sever offenses requests that separate trials be held for separate offenses. This is often requested when defendants are facing multiple charges, and a joint trial could potentially lead to unfair prejudice against one or more defendants. By severing the offenses, each defendant can have their charges heard separately, minimizing the risk of bias or confusion.

Question 6

The right to a public trial encompasses:&#10;A)a defendant's personal right to a public trial.&#10;B)the press's and the public's right of access to trials.&#10;C)most pretrial proceedings.&#10;D)all of the above.

Accepted Answer

The right to a public trial encompasses both the defendant's right to have their trial be public as well as the press and public's right of access to trials. Additionally, most pretrial proceedings are also included in the right to a public trial. Therefore, choice D, all of the above, is the best answer. The right to a public trial encompasses not only a defendant's personal right to a public trial but also the press's and public's right of access to trials. Moreover, the right applies to most pretrial proceedings as well, including voir dire and preliminary hearings. Therefore, all the given options are correct.

Question 7

Double jeopardy:&#10;A)applies only to federal courts.&#10;B)applies only to state courts.&#10;C)applies to both federal and state courts.&#10;D)applies only to felony prosecutions.

Accepted Answer

Double jeopardy applies to both federal and state courts. It prevents a defendant from being prosecuted twice for the same crime. However, there are exceptions to this rule, such as when a defendant is being tried for a different crime that arose from the same underlying conduct. Double jeopardy protection is guaranteed by the Fifth Amendment of the United States Constitution. Double jeopardy is a legal principle that prohibits a person from being tried or punished multiple times for the same offense. This principle applies to both federal and state courts under the Fifth Amendment of the U.S. Constitution. The Double Jeopardy Clause applies to all levels of offenses, including misdemeanors and felonies.

Question 8

The right to a speedy trial protects which of the following interests?&#10;A)Accurate fact-finding&#10;B)Efficiency, economy, and speed&#10;C)Both a and b&#10;D)Neither a nor b

Accepted Answer

The right to a speedy trial primarily protects the interest of efficiency, economy, and speed in the judicial process, ensuring that defendants are not subjected to prolonged legal proceedings.

Question 9

At what point during a nonjury (bench) trial does jeopardy attach?&#10;A)Once a verdict is announced&#10;B)When opening arguments are made&#10;C)When the judge takes the bench&#10;D)When the first witness is sworn

Accepted Answer

Jeopardy attaches in a bench trial when the first witness is sworn in. This is the point at which the defendant begins to be "in jeopardy" in terms of being at risk of conviction, as evidence against them starts to be officially recorded.

Question 10

Double jeopardy does not bar a second trial if:&#10;A)there was error at the first trial.&#10;B)the defendant was not acquitted at the first trial.&#10;C)the defense moved for a mistrial at the first trial.&#10;D)there is newly discovered evidence of defendant's guilt.

Accepted Answer

The answer of Double jeopardy does not bar a second...

Question 11

In determining whether to grant a change of venue, courts consider:&#10;A)the extent of pretrial publicity.&#10;B)the gravity of the charged offense.&#10;C)the weight of the evidence.&#10;D)the interests of the victim.

Accepted Answer

The answer of In determining whether to grant a change...

Question 12

Venue is:&#10;A)the place where the trial is held.&#10;B)the place where the offense occurred.&#10;C)the place where the victim resides.&#10;D)the judge's hometown.

Accepted Answer

The answer of Venue is:&#10;A)the place where the trial is...

Question 13

Which of the following is a list of the four factors Barker v.Wingo applied to determine speedy trial considerations?&#10;A)Seriousness of offense, length of delay, evidence against the defendant, and state statutes&#10;B)Length of delay, reason for delay, whether the defendant requested a speedy trial, and prejudice caused by any delay&#10;C)Length of delay, reason for delay, seriousness of the offense, and whether the defendant is incarcerated&#10;D)Whether the defendant is incarcerated, evidence against the defendant, length of delay, and seriousness of the offense

Accepted Answer

The answer of Which of the following is a list...

Question 14

Statutes of limitations govern:&#10;A)the time between commission of a crime and the initiation of the prosecution.&#10;B)the time between arrest and setting bail.&#10;C)the time between arrest and trial.&#10;D)the time between commission of a crime and the conclusion of the trial.

Accepted Answer

The answer of Statutes of limitations govern:&#10;A)the time between commission...

Deck 14: Pretrial Motions