Deck 13: The Courtroom: The Pretrial and Trial Process

Question 1

Should a judge determine an attorney's opening statement grossly improper, which of the following is the most extreme response available to the judge?

A)Instruct the jury to ignore the statement.
B)Exclude any evidence mentioned in the statement from the trial.
C)Declare a mistrial.
D)Dismiss the charges against the defendant.

Answer 1

C

Question 2

Discovery is used primarily to ensure that the defense is aware of all _____.

A)relevant evidence
B)interesting evidence
C)exculpatory evidence
D)available evidence

Answer 2

C

Question 3

In which case did the U.S. Supreme Court set the precedent that the Due Process Clause prohibits states from "invidiously discriminating on the basis of race?"

A)Ballew v. Georgia
B)Ham v. South Carolina
C)Strauder v. West Virginia
D)Thompson v. Utah

Answer 3

B

Question 4

Which of the following does not occur at an arraignment?

A)Bail is set for the defendant
B)Defendant enters a plea
C)Defendant is informed of the charges
D)All of the above occur at an arraignment.

Question 5

Of the proposed methods for responding to an unruly defendant in Illinois v. Allen, which did the Supreme Court state should be used as a last resort for fear of prejudicing the jury against the defendant?

A)Bind and gag defendant
B)Cite defendant in contempt
C)Remove all spectators from the courtroom
D)Remove defendant from the courtroom

Question 6

The U.S. Supreme Court has held that while states are not required to use juries of 12 members, any jury must have at least _____ members.

A)4
B)6
C)9
D)10

Question 7

Which discriminatory factor has been used most often by the courts to establish legal rules regarding voir dire?

A)Age
B)Race
C)Religion
D)Sex

Question 8

At which point does double jeopardy attach during a jury trial?

A)Once the defendant enters a plea of not guilty
B)Once the jury is sworn in
C)Once the first witness is called
D)Once a verdict is reached

Question 9

In which plea does the defendant refuse to contest the charges?

A)Not guilty
B)Not guilty by reason of insanity
C)Nolo contendere
D)Guilty

Question 10

Should a defendant fear he/she may not be able to obtain a fair trial due to extensive media coverage, he/she would likely file a motion for _____.

A)a change of representation
B)a change on venue
C)discovery
D)suppression of evidence

Question 11

The purpose of a preliminary hearing is to _____.

A)inform the defendant of the charges
B)formally indict the suspect
C)determine if the defense is ready to proceed to trial
D)determine if there is sufficient evidence to charge the suspect

Question 12

Which of the following rights is not found in the Sixth Amendment?

A)Confrontation of witnesses
B)Jury trial
C)Protection from double jeopardy
D)Speedy trial

Question 13

The Equal Protection Clause of the Fourteenth Amendment has been interpreted to prohibit the exclusion of individuals from jury service for all but which of the following reasons?

A)Ethnicity
B)Religion
C)Gender
D)Age

Question 14

Hearsay, though not usually admissible, is allowed in trial if it is deemed _____.

A)delivered under oath
B)inconsequential
C)nontestimonial
D)vital for the administration of justice

Question 15

Which of the following is not typically considered by a court in deciding whether a defendant's right to a speedy trial has been violated?

A)Whether the defendant is aware of this right
B)The complexity of a case
C)Whether the defendant asserted this right
D)The prosecutorial justification for the delay

Question 16

If a grand jury agrees that there is sufficient evidence to charge a suspect, they return a _____.

A)criminal charge
B)positive indictment
C)true bill
D)verified account

Question 17

In which case did the U.S. Supreme Court hold that potential jurors cannot be peremptorily removed "solely on account of their race"?

A)Batson v. Kentucky
B)Duren v. Missouri
C)Swain v. Alabama
D)Turner v. Murray

Question 18

A grand jury indictment is required to possess all but which of the following?

A)The essential legal elements of the crime
B)Defendant's criminal intent
C)Defendant's criminal acts
D)Exculpatory evidence

Question 19

In which case did the U.S. Supreme Court hold that grand jury indictments were not required for all criminal cases?

A)Green v. United States
B)Hawkins v. Superior Court
C)Hurtado v. California
D)Vazquez v. Hillery

Question 20

Which of the following is not one of the individual interests of a speedy trial identified by the U.S. Supreme Court?

A)Prevention of unnecessary hardship from lengthy incarceration
B)Limited exposure to public criticism
C)Easier access to witnesses and evidence
D)Lower possibility that the defendant will jump bail

Question 21

Which of the following is not a criticism put forth of the grand jury system?

A)The grand jury works closely with the prosecutor.
B)Laypersons lack the expertise to determine the existence of probable cause.
C)The defendant has no ability to challenge the facts presented by the prosecutor.
D)All of the above.

Question 22

In order to successfully file for a change of venue, the defense must show not only that the jury has been tainted but that this taint would prevent jurors from rendering a fair and impartial verdict.

Question 23

Which of the following is not a standard form of plea bargain?

A)Prosecution agrees to drop one or more of many charges against defendant
B)Prosecution agrees to reduce the severity of the charge(s) against defendant
C)Prosecution agrees not to challenge defendant's sentencing requests
D)Prosecution agrees not to charge defendant with future offenses

Question 24

A grand jury has the authority to complete which of the following tasks?

A)Require the production of exculpatory evidence
B)Recommend an appropriate sentence
C)Convict a defendant
D)Issue a subpoena

Question 25

Federal juries are required to both consist of 12 members and to bring back 100% unanimous verdicts in order to constitutionally reach a verdict.

Question 26

In order for the exclusion of a certain group from jury venire to be unconstitutional, the exclusions must be systematic.

Question 27

The American trial system is inquisitorial in design.

Question 28

One of the dangers in allowing jury nullification is that juries can both find guilty defendants not guilty and innocent defendants guilty.

Question 29

Which of the following is not one of the components of the burden of proof?

A)The burden of going forward
B)The burden of evidence
C)The burden of persuasion
D)All of the above are components of the burden of proof.

Question 30

If a potential juror happens to work with the sister of the defendant, the prosecutor will likely remove the juror using a peremptory challenge.

Question 31

The remedy for a violation of the right to a speedy trial is which of the following?

A)Reversal of the conviction
B)Dismissal of the charges
C)Restitution
D)An automatic appeal process

Question 32

In which case did the U.S. Supreme Court establish that the standard of establishing criminal guilt beyond a reasonable doubt is a fundamental component of due process?

A)Allen v. United States
B)Herring v. New York
C)In re Winship
D)J)E.B. v. Alabama ex rel.

Question 33

The purpose of a jury trial is to use community members to check the power of judges and prosecutors.

Question 34

During the preliminary hearing, which of the following occurs?

A)The prosecutor files a written formal charge that is reviewed by a judge.
B)The grand jury decides whether to issue an indictment.
C)The proceeding commences with opening statements made by the prosecution and defense counsel.
D)Sentencing for a defendant found to be guilty during the preliminary hearing.

Question 35

In a clear case of jury nullification, how may a judge respond to correct it?

A)Declare a mistrial and order a new trial
B)Hold the jury in contempt
C)Order the jury to redeliberate
D)The judge can do nothing

Question 36

Aspects of a prosecutor's closing argument may be allowed to stand if made in response to defense statements according to the invited response doctrine.

Question 37

In a criminal trial, just as the prosecution must establish guilt, the defense is required to establish innocence.

Question 38

The process of selecting the grand jury from the pool is known as which of the following?

A)Voir dire of the grand jury
B)Preliminary hearing
C)Purging the grand jury
D)Selective incorporation

Question 39

According to the U.S. Supreme Court's holdings and justifications, which of the following state juries is both sufficiently large and has sufficient unanimity to convict a defendant?

A)A 12-member jury voting 7-5
B)A 10-member jury voting 9-1
C)A 6-member jury voting 5-1
D)A 5-member jury voting 5-0

Question 40

Should a prosecutor's peremptory challenges be challenged by the defense, the defense must first demonstrate how the prosecutor's actions are discriminatory by certain factors.

Question 41

During the arraignment, a defendant is brought before a judge, informed of the charges against him/her, and required to enter a plea. What are the possible pleas one can enter and what are the ramifications of each?

Question 42

Explain the history of the 12-person jury requirement. Do you think it is important to have a minimum/maximum number of jurors? Why?

Question 43

The text mentions four basic guidelines for jury venire: randomly select individuals, do not discriminate, obtain a fair cross-section, and exempt certain individuals. Explain why each of these steps is important. Does the final suggestion of exempting some not go against the policy of equality? Why or why not?

Question 44

Should a lawyer feel the need to remove a prospective juror though feel a need not to disclose his/her reasoning, he/she would use a/an _____ challenge.

Question 45

Should a judge or justice be unable to render a fair verdict/finding for whatever reason, that judge or justice should _____ him/herself from the case.

Question 46

The right to a speedy trial is central to the American justice system yet difficult to define. Using the information from the text, attempt to define/outline the right to a speedy trial. Why is this right so important? Why might a defendant chose to waive this right?

Question 47

There are two standards followed by courts in determining whether to bind over a defendant for trial. What are they and which is followed by a majority of states?

Question 48

After the prosecution has questioned a witness for the prosecution, the defense may question the witness. This second questioning is referred to as _____.

Question 49

What is the history of the double jeopardy clause and which three constitutional protections are involved? When does jeopardy attach in a jury trial, in a bench trial, and when a defendant enters a plea?

Question 50

Explain the dual sovereignty doctrine and give an example in which it would apply.

Question 51

What are some of the basic guidelines for the selection of the jury venire? Do you think they are important? Can you think of any additional guidelines that should be followed?

Question 52

Due to the _____ doctrine, an individual may be prosecuted for the same offense by two states or by a state and the federal government.

Question 53

The preliminary hearing and grand jury indictment are two of the earliest phases of a criminal trial. What occurs during these phases and how are they the same or different from one another?

Question 54

During a probable cause hearing, it is to be determined whether there is a "_____" of the facts in question.

Question 55

The voir dire process is yet another aspect of the criminal justice system deemed central to the concept of justice. Why, then, are peremptory challenges allowed? Explain why an attorney may or may not use a peremptory challenge. Explain the process of challenging a peremptory challenge. Why might this process be difficult in and of itself?