Deck 13: Pretrial: Grand Jury to Pretrial Conference

Question 1

The decision in Kyles requires the prosecution to learn of exculpatory evidence known to police.

Answer 1

True

Question 2

Failure or unreasonable delay in complying with a discovery request may lead to sanctions.

Answer 2

True

Question 3

The defense must notify the prosecution and the court of alibi or insanity as defenses at the arraignment or shortly thereafter.

Answer 3

True

Question 4

Diligence must be exercised to guard against computer-enhanced or fabricated evidence.

Question 5

The judge must advise a defendant who enters a plea pro se that it is advantageous to be represented by an attorney.

Question 6

The information serves the same purpose as the indictment.

Question 7

Grand jury witnesses can claim the right against self-incrimination.

Question 8

Exculpatory evidence is material if there is a reasonable probability that,had the evidence been disclosed to the defense,the result of the proceeding would have been different.

Question 9

Appeal waivers are not allowed as part of plea bargains.

Question 10

Grand juries can subpoena witnesses and documents without probable cause.

Question 11

A pretrial conference statement includes estimated time required for trial.

Question 12

In some states the prosecutor may use intermission to bypass the preliminary hearing and submit the case to a grand jury.

Question 13

The Fifth Amendment imposes the use of grand jury on all criminal proceedings for felonies.

Question 14

A guilty plea is entered for a defendant who stands mute.

Question 15

In accepting a plea bargain,the defendant gives up the constitutional right to a jury trial.

Question 16

Discovery rules are rigid and uniform.

Question 17

Grand juries function as an arm of the prosecution.

Question 18

A plea bargain agreement is confidential and should not be revealed to the victim of the crime.

Question 19

A subpoena duces tecum is limited by the number of documents it may command,but not the type of documents.

Question 20

Investigation is a task that can be handled with little preparation.

Question 21

A bill of particulars is used to

A)itemize the attorney's fee
B)clarify details of the charges
C)schedule grand jury proceedings
D)bind over the defendant for arraignment

Question 22

Procedures used as an intermediate step to establish probable cause before trial include all except

A)grand jury
B)preliminary hearing
C)discovery
D)arraignment

Question 23

Caution must be used regarding plea bargains by resident aliens,because

A)even a mild charge could result in deportation
B)aliens can be detained indefinitely on a plea of guilty
C)procedures involving aliens must conform to rules of international courts
D)defense must be handled by consular officers

Question 24

The kind of information that is available through discovery is

A)incriminating statements by the defendant and police
B)incriminating statements by the defendant to the defense attorney
C)incriminating statements by defendant to his priest
D)attorney's work product

Question 25

The defense team can monitor grand jury proceedings by

A)tape recording sessions
B)taking extensive notes
C)debriefing witnesses
D)debriefing jurors

Question 26

The final version of the indictment signed by the grand jury foreman is called a

A)true bill
B)bill of particulars
C)information of charges
D)grand jury verdict

Question 27

Plea agreements involve

A)defense counsel and prosecutor
B)prosecutor and defendant
C)defense counsel,prosecutor and judge
D)defense counsel,prosecutor,judge and defendant

Question 28

The arraignment is the

A)same as a preliminary hearing
B)procedure that produces the information
C)appearance before a judge to enter a plea
D)judgment following a guilty plea

Question 29

Discovery rules are enumerated in all except

A)the Fifth and Fourteenth Amendments
B)state rules of criminal procedure
C)case law
D)federal rules of criminal procedure

Question 30

During grand jury proceedings,the accused

A)may be subpoenaed to testify
B)has the right to testify
C)has the right to counsel
D)has the right to question witnesses

Question 31

An in camera inspection of prosecution files for exculpatory evidence should be conducted when

A)discovery begins
B)the defense requests exculpatory evidence and the prosecution claims there is none
C)the defense establishes a basis to believe that exculpatory evidence exists
D)a motion for discovery is pending

Question 32

The prosecution disclosure of exculpatory evidence is required by the decision in

A)Hurtado v.California
B)Batson v.Kentucky
C)Brady v.Maryland
D)U.S.v.Calandra

Question 33

The functions of a grand jury include all except

A)charging
B)investigating
C)convicting
D)supervising

Question 34

Before accepting a guilty plea,the judge does all except

A)determine whether the plea is knowingly given
B)determine whether the plea is voluntarily given
C)remind the defendant of the right to bail
D)ask the prosecution for the factual basis for the charge

Question 35

A judge will not accept a guilty but mentally ill plea unless

A)it is accompanied by a motion to plea
B)mental illness is provided by a preponderance of the evidence
C)the defendant's family requests it
D)the defendant has been diagnosed as mentally ill

Question 36

Indictments should include all aggravating factors

A)so the sentence will be greater
B)to give the prosecutor leverage for a plea bargain
C)to help influence witnesses
D)because they must be proved to the jury for sentencing

Question 37

To preserve their autonomy,grand juries work

A)in open meetings
B)in secret
C)completely independent from the rules of criminal procedure
D)closely with defense counsel

Question 38

For the grand jury,the prosecutor serves as

A)a facilitator
B)an advocate of indictment
C)a voting member of the panel
D)prosecutors are often not allowed to present at grand jury proceedings

Question 39

A grand jury's unreasonable demand for information may be

A)squashed
B)quashed
C)smashed
D)overruled

Question 40

The Alford plea is a plea of

A)no contest
B)not guilty,while admitting there is evidence of guilt
C)guilty,while professing innocence
D)silence

Question 41

What are the four parts of the test for a speedy trial required in Barker v.Wingo?

Question 42

List four tips for subpoena practice.

Question 43

Define exculpatory evidence.

Question 44

Discuss the standards of evidence and two levels of evidence required by grand juries.

Question 45

List three grand jury tasks for the prosecution paralegal and three for the defense paralegal.