Deck 3: The Adjudication Process

Question 1

If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.

Answer 1

False

Question 2

Bail will be denied if the judge rules that the defendant should be "held to answer" at the end of the preliminary hearing.

Answer 2

False

Question 3

The preliminary hearing must be held no later than 48 hours after the arrest.

Answer 3

False

Question 4

If a jury is unable to "reach a verdict," it is referred to as a "hung jury."

Question 5

Opening statements are not evidence in the trial.

Question 6

During discovery, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty. .

Question 7

Physical evidence is introduced in court based on a statement by the attorney explaining why the item is relevant to the case.

Question 8

The defense is required to establish the defendant's innocence.

Question 9

The prosecutor may include crimes in the Information only if the judge ruled that the defendant is "bound over for trial" on those charges.

Question 10

The defendant has a Sixth Amendment right to a trial before 12 jurors.

Question 11

Grand jury proceedings are required by the U.S. Constitution in all cases involving felonies.

Question 12

Double jeopardy prevents the prosecution from appealing a judge's ruling at a pre-trial suppression hearing.

Question 13

Most juries in criminal cases are sequestered for the duration of the trial.

Question 14

The criminal complaint is filed by the prosecution to start the criminal court proceedings.

Question 15

A judge cannot accept a plea bargain after the jury is sworn in.

Question 16

The sentencing hearing is usually held immediately after the jury verdict is read in court.

Question 17

Rehabilitation is an attempt to support the credibility of a witness who was impeached.

Question 18

The speech the defense attorney makes after the prosecution's closing argument is called the rebuttal.

Question 19

Due Process mandates unanimous verdicts in criminal trials.

Question 20

During voir dire , prospective jurors are questioned to determine their ability to serve on the jury.

Question 21

Which of the following can be used to impeach a witness during trial?

A) prior inconsistent statements made by the witness
B) showing witness is prejudiced
C) proof of witness's prior felony conviction
D) all of these

Question 22

Which of the following is the prosecutor constitutionally required to give to the defense before trial?

A) Names of informants whose identity is necessary for the defendant to prepare a case
B) Copies of all investigative reports in the prosecution's possession
C) Copies of all statements made to the police by co-defendants
D) All of these must be disclosed during discovery

Question 23

The criminal complaint describes the charges:

A) narrative form describing everything defendant is accused of doing.
B) state facts for each charge in separate counts.
C) state facts for felonies but not for misdemeanors.
D) state code sections violated but not give the facts.

Question 24

If a prosecutor takes a case to the grand jury and the grand jury agrees with the prosecutor about the charges, the defendant will be:

A) indicted.
B) arrested.
C) denied bail.
D) convicted.

Question 25

A judge can impose a sentence that is longer than the base sentence established by the legislature:

A) judge is allowed to use his/her discretion and do this in all cases
B) only if the jury found the facts used to determine the longer sentence were true
C) whenever state legislation gives the judge the authority to do so
D) never

Question 26

At the Preliminary Hearing, the prosecution must establish each felony charged by:

A) probable cause.
B) prima facie case.
C) preponderance of the evidence.
D) beyond a reasonable doubt.

Question 27

Which of the following is done at the preliminary hearing?

A) File criminal complaint with court clerk
B) Witnesses testify about the events that occurred while the crime was committed
C) Defendant enters a plea
D) All of these events occur at a preliminary hearing

Question 28

The pre-sentence investigation report is usually prepared:

A) before the charges are filed by the prosecutor.
B) after the preliminary hearing.
C) after the jury returns a guilty verdict.
D) only if requested by the defense.

Question 29

A verdict becomes part of the official court record when:

A) jurors vote on the charge.
B) the judge receives the verdict form signed by the jury foreperson.
C) the verdict is read in open court.
D) the defendant is sentenced.

Question 30

During the prosecution's case in chief:

A) the prosecutor conducts direct examination of all witnesses.
B) the defense has the right to cross examine all prosecution witnesses.
C) prosecution must establish guilt for each crime beyond a reasonable doubt.
D) all of these

Question 31

Peremptory challenges are used during jury selection for:

A) removing a potential juror who has admitted his/her mind is already made up.
B) dismiss a potential juror who cannot serve on the jury due to financial hardship.
C) remove a potential juror who the attorney subjectively believe is likely to vote for the opposing side.
D) peremptory challenges are not used in criminal cases because the Supreme Court ruled that they are unconstitutional.

Question 32

The Contemporaneous Objection Rule applies during criminal trials:

A) never
B) only during direct examination
C) during direct and cross examination
D) only during impeachment

Question 33

Jury deliberations:

A) are over as soon as the jurors vote on each charge.
B) are over if the jurors notify the judge they are unable to reach a verdict.
C) if the jurors notified the judge they are unable to reach a verdict, the judge may give them instructions about their duty to deliberate.
D) cannot last longer that a length of time established by the state legislature.

Question 34

At a Grand Jury Hearing, the defendant has the right to:

A) have an attorney present.
B) cross examine witnesses.
C) call defense witnesses.
D) none of these

Question 35

Which of the following requests would be considered at a suppression hearing?

A) Dismiss charge because prosecution presented insufficient evidence to meet its burden of proof at the preliminary hearing
B) Quash a subpoena to testify at trial
C) Have evidence declared inadmissible because of a Fourth Amendment violation
D) All of these are considered at suppression hearings

Question 36

To "lay the foundation" for the admission of a gun the police believe is the murder weapon, the prosecution must:

A) call expert witnesses to establish the DNA on the gun matches the defendant's DNA.
B) call expert witnesses to establish that the a bullet fired by this gun killed the victim.
C) call lay witnesses to establish where the gun was found and what has been done with it since the police found it.
D) all of these

Question 37

The prosecution's opening statement:

A) is the first thing done at a trial.
B) is the next event after the jury is sworn in.
C) follows the defense's opening statement.
D) is only given if the case is tried without a jury.

Question 38

An attorney will use re-direct examination to:

A) ask questions that he/she forgot to ask during direct examination.
B) impeach a witness.
C) conduct voir dire of an expert witness.
D) rehabilitate a witness.

Question 39

Who can be impeached at trial?

A) anyone who takes the witness stand
B) any witness except the defendant
C) only witnesses who commit perjury
D) impeachment is not done during trial.

Question 40

The complaint must state:

A) crimes the defendant is alleged to have committed.
B) where the alleged crime was committed.
C) when the alleged crime was committed.
D) All of these.

Question 41

What is the purpose of a suppression hearing? When is a suppression hearing usually held? What occurs at a suppression hearing?

Question 42

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. All the evidence has been presented and the jury has been deliberating for days. The prosecutor asked the judge to declare a mistrial because of a hung jury. Why would a mistrial benefit the prosecution?

A) The judge will enter a conviction but reduce Matt's sentence
B) The prosecution can re-file the charges
C) The jury will return to the courtroom and the prosecution can present additional evidence
D) It will not benefit the prosecution because double jeopardy will prevent the prosecution from re-filing the charges

Question 43

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Mark was convicted. At the sentencing hearing the prosecutor asked the judge to add a 3 year sentence enhancement because Mark inflicted serious injuries with a gun. What would be the best strategy for Anthony to use to prevent the judge from giving Mark the longer sentence?

A) Present evidence of Mark's learning disability
B) Present evidence of Victor's extensive record for felony assaults
C) Remind the court that the police violated Mark's Miranda rights
D) Remind the court that the Supreme Court mandated that the jury specifically decide facts used for sentencing enhancements

Question 44

What is the purpose of the prosecution's case-in-chief? Describe the sequence of events that would occur when a witness testifies during the prosecution's case-in-chief.

Question 45

Jury deliberations: How do jurors know what law to apply? What are jurors instructed to do during deliberations? When are deliberations terminated?

Question 46

Name the document that is filed in court to start criminal proceedings if a person is arrested without a warrant. Who decides if this document should be filed?  What factors are considered?

Question 47

Donald, a defense attorney, has been hired to represent Robert who is charged with robbery. Robert has an extensive criminal record and does not want to go to trial. Robert confessed to the police but hopes that Donald can prevent the confession being admitted at trial. Donald filed a motion to suppress Robert's confession. When is the court most likely to consider this motion?

A) Before the arraignment
B) At the preliminary hearing
C) At a pre-trial hearing held for the specific purpose of considering  suppression motions
D) The judge will consider the motion after the officer testifies at trial about the procedures he used to obtained the confession

Question 48

What occurs at the arraignment?  How does the arraignment differ from the preliminary hearing?

Question 49

Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Prosecutor Paula decided to take the case to the grand jury instead of having a preliminary hearing. What is the advantage of doing this?

A) The burden of proof is lower
B) She can cross examine the defense witnesses
C) The defense attorney will not be there
D) All of the above are true about a grand jury hearing

Question 50

Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Carl, a criminal defense attorney hired by Eric, has filed a discovery motion. Which of the following items is the prosecution required to give Carl during discovery based on the U. S. Supreme Court case of Brady v. Maryland ?

A) All of the evidence obtained by the police
B) Only evidence that the prosecution intends to introduce at trial
C) All evidence that would help Carl prove that Eric is innocent
D) Nothing - Brady held that there is no constitutional right to discovery

Question 51

Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Detective Dan has asked Paula the Prosecutor to file embezzlement charges against Eric, an employee who failed to put money from sales into the cash register. What will Paula consider? 

A) How much money was taken.
B) How many credible witnesses can testify about the case.
C) Whether Eric's employer wants the case to go to court.
D) All of these will be considered

Question 52

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony told Mark that Sandy would be impeached if she took the witness stand. Why would Anthony say this?

A) Sandy may be biased because she is the defendant's sister
B) Sandy is a federal judge
C) Sandy is a minor
D) Sandy has never testified at a trial before

Question 53

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony suggested that they call character witnesses to support Mark's claim of self-defense. Who should they call?

A) Mark's best friend
B) A psychologist who did an evaluation of Mark
C) A bartender who has seen Victor aggressively start numerous fights
D) No one - the defense is not allowed to call character witnesses

Question 54

Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Prosecutor Paula filed felony embezzlement charges against Eric. The preliminary hearing is scheduled for tomorrow. What does Detective Dan need to do to prepare for the preliminary hearing?

A) Study case law so he can give valid legal justifications for conducting surveillance without a search warrant
B) Review his notes and be ready to testify
C) Make copies of all investigative reports so Paula can give them to the defense attorney
D) Nothing - the prosecutor handles the preliminary hearing and does not call witnesses

Question 55

Donald, a defense attorney, has been hired to represent Robert who is charged with robbery. Robert has an extensive criminal record and does not want to go to trial. Robert confessed to the police but hopes that Donald can prevent the confession being admitted at trial. At the suppression hearing the judge ruled that the confession was obtained in violation of Robert's Miranda rights. Donald wants to use the ruling to convince the prosecutor to accept a guilty plea to misdemeanor theft. Which of the following arguments is most likely to convince the prosecutor to accept the plea bargain?

A) If the prosecution does not agree to a plea bargain the case will automatically be dismissed because the defense won the suppression hearing
B) The confession was the only piece of evidence linking Robert to the robbery
C) If the case goes to trial, the jury will be told that the police violated Robert's rights by questioning him improperly
D) Judges normally give lighter sentences to defendant's whose rights were violated