Question 1

Motions to set aside the verdict are made:&#10;A)to the trial court.&#10;B)only to appellate courts.&#10;C)only on state habeas corpus.&#10;D)only on federal habeas corpus.

Accepted Answer

Motions to set aside the verdict are made to the trial court, which is the court that heard the case and rendered the verdict. Appellate courts do not have the authority to set aside a verdict, and state or federal habeas corpus petitions are only available after all other remedies have been exhausted. Motions to set aside the verdict are typically made to the trial court where the case was originally heard. While there may be instances where such motions are also made in appellate or habeas corpus proceedings, the primary avenue for challenging a verdict is through a motion to the trial court.

Question 2

At the sentencing stage, procedural safeguards for convicted offenders:&#10;A)are less than at the trial.&#10;B)are greater than at the trial.&#10;C)are the same as at the trial.&#10;D)are eliminated because the Constitution no longer applies.

Accepted Answer

At the sentencing stage, procedural safeguards for convicted offenders are generally considered to be less than at the trial. This is because the primary focus of the trial phase is to determine guilt or innocence, which requires a higher standard of procedural protections. Once guilt has been established, the sentencing phase does not require the same level of safeguards, although certain rights still apply.

Question 3

The concept of jury nullification recognizes that:&#10;A)the judge must inform the jury that it is not bound by the judge's instructions on the law.&#10;B)the judge may nullify an acquittal if evidence of guilt is established beyond a reasonable doubt.&#10;C)the judge may punish the jury for disregarding the law.&#10;D)the judge is powerless to alter a verdict of acquittal.

Accepted Answer

Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The judge cannot alter a verdict of acquittal, as it would violate the defendant's right to a jury trial.

Question 4

During closing arguments, the prosecution may not comment on:&#10;A)the weakness of the defendant's case.&#10;B)the strength of the prosecution's case.&#10;C)the defendant's failure to testify.&#10;D)inferences to be drawn from the evidence.

Accepted Answer

The defendant's right not to testify is protected by the Fifth Amendment's privilege against self-incrimination. Any comment by the prosecutor regarding the defendant's decision not to testify would violate this constitutional right. The other options are generally permissible for the prosecutor to comment on during closing arguments. The defendant's right to remain silent and not testify is protected by the Fifth Amendment of the Constitution. Therefore, the prosecution cannot comment on the defendant's failure to testify during closing arguments. A and B are allowed because they pertain to the evidence presented in court. D is also allowed as long as it is based on evidence presented during the trial.

Question 5

The rule that a conviction need not be overturned if an error did not affect the outcome is called:&#10;A)the harmless error rule.&#10;B)the reversible error rule.&#10;C)the plain error rule.&#10;D)the habeas corpus review rule.

Accepted Answer

The rule that a conviction need not be overturned if an error did not affect the outcome is called the harmless error rule. This rule allows courts to overlook certain errors made during a trial if they did not impact the verdict or sentence. This rule is important in ensuring that justice is served, but also that minor errors do not result in costly and time-consuming retrials. The rule that a conviction need not be overturned if an error did not affect the outcome is called the harmless error rule. This means that if an error occurred but did not influence the decision of the court or the jury, the conviction will still stand. The other options, reversible error rule, plain error rule, and habeas corpus review rule, are not accurate descriptions of this specific rule.

Question 6

An appellate court will:&#10;A)reverse upon finding any trial error.&#10;B)not reverse for errors of counsel.&#10;C)not reverse for good faith errors by the judge.&#10;D)not reverse for errors not affecting the accuracy of the trial court's findings.

Accepted Answer

An appellate court will not reverse for errors that do not affect the accuracy of the trial court's findings. The purpose of an appeal is to determine whether errors made by the trial court affected the outcome of the case. If the errors did not affect the outcome, then there is no reason to reverse the decision. The other choices are incorrect because an appellate court will not automatically reverse for any trial error (choice A), will not ignore errors by counsel (choice B), and will not excuse good faith errors by the judge (choice C). An appellate court will not reverse for errors that do not affect the accuracy of the trial court's findings. They will only reverse if there is a significant error that resulted in an unfair trial or incorrect outcome. They will also not reverse based on the good faith errors of the judge or counsel, as long as they did not significantly impact the case.

Question 7

Which of the following are improper during closing arguments?&#10;A)Misstating the evidence&#10;B)Referring to suppressed evidence&#10;C)Inflaming juror passions&#10;D)All of the above

Accepted Answer

All of the above are improper during closing arguments. Misstating the evidence can mislead the jury and affect the outcome of the case. Referring to suppressed evidence violates court rules and can lead to a mistrial. Inflaming juror passions can also bias the jury and affect their decision-making. All of the options listed are improper during closing arguments. Misstating the evidence can be considered as deception or fraud, referring to suppressed evidence is an attempt to influence the jury in an unethical way, and inflaming juror passions can lead to a biased decision-making process.

Question 8

A habeas corpus proceeding:&#10;A)challenges the lawfulness of the defendant's confinement.&#10;B)challenges any fine imposed by the court.&#10;C)challenges the trial judge's evidentiary rulings.&#10;D)challenges the appropriateness of the sentence.

Accepted Answer

A habeas corpus proceeding challenges the lawfulness of a defendant's confinement, usually alleging that their imprisonment is unlawful due to a violation of their constitutional rights. It is used to contest the lawfulness of pretrial detention, conviction, or punishment. It does not pertain to fines or evidentiary rulings, nor does it challenge the appropriateness of the sentence. A habeas corpus proceeding is a legal action that allows someone who is in custody to challenge the lawfulness of their confinement. It is a way for the individual to challenge if they are being held without proper legal authority, such as if they are being held past their release date or if they are being held without proper legal justification. It is not used to challenge fines or evidentiary rulings in the trial, nor is it used to challenge the appropriateness of the sentence itself.

Question 9

A habeas corpus proceeding is:&#10;A)a continuation of the trial.&#10;B)a civil action.&#10;C)a new criminal proceeding.&#10;D)an administrative hearing.

Accepted Answer

A habeas corpus proceeding is a civil action, not a continuation of the trial, a new criminal proceeding, or an administrative hearing. It is a legal action through which a prisoner can seek release from unlawful imprisonment. A habeas corpus proceeding is a civil action in which a person who is being detained by the government challenges the legality of their detention. It is not a continuation of the trial, a new criminal proceeding, or an administrative hearing.

Question 10

The harmless error doctrine recognizes:&#10;A)no error is harmless when a defendant's liberty is at stake.&#10;B)an error is harmless if it does not undermine the accuracy of the court's finding of guilt.&#10;C)an error is harmless if not raised until habeas corpus review.&#10;D)no constitutional error can ever be harmless.

Accepted Answer

The harmless error doctrine recognizes that an error is harmless if it does not undermine the accuracy of the court's finding of guilt. This means that the error must be evaluated in the context of the entire trial and verdict to determine if it had an impact on the outcome. The doctrine applies to both constitutional and non-constitutional errors, but it does not mean that no error is harmless when a defendant's liberty is at stake. The harmless error doctrine recognizes that an error is harmless if it does not undermine the accuracy of the court's finding of guilt. This means that if the error did not have a substantial and injurious effect or influence in determining the verdict, then it is considered harmless. However, if the error affected the defendant's constitutional rights, then it cannot be deemed harmless. Therefore, option B is the best choice as it accurately reflects the principles of the harmless error doctrine.

Question 11

Errors during trial that do not affect the outcome of the case are called:&#10;A)reversible errors.&#10;B)expungible errors.&#10;C)harmless errors.&#10;D)prejudicial errors.

Accepted Answer

The answer of Errors during trial that do not affect...

Question 12

When the jury returns a verdict, that verdict:&#10;A)may be impeached by any evidence of jury misconduct.&#10;B)may be impeached in most situations only by evidence of some outside influence upon the jury.&#10;C)may be impeached by any juror's affidavit.&#10;D)may be impeached by a majority of the jury.

Accepted Answer

The answer of When the jury returns a verdict, that...

Question 13

If a defendant is convicted at a retrial, the sentence at the second trial must be:&#10;A)the same as the sentence at the first trial.&#10;B)less than the sentence at the first trial.&#10;C)greater or lesser according to the judge's discretion.&#10;D)greater or lesser if the sentencing judge has additional information not available at the first trial.

Accepted Answer

The answer of If a defendant is convicted at a...

Question 14

With regard to closing arguments:&#10;A)either side can enter new evidence overlooked during trial.&#10;B)only the defense can introduce new evidence.&#10;C)only the prosecution can offer evidence in rebuttal.&#10;D)counsel may summarize the evidence, but cannot introduce additional evidence.

Accepted Answer

The answer of With regard to closing arguments:&#10;A)either side can...

Deck 16: Verdict, Punishment, and Judicial Review