Deck 8: Criminal Defendants and Crime Victims

Question 1

When does a person suspected of committing a crime transform from a suspect to a criminal defendant?

A) when interrogated
B) when in custody
C) when arrested
D) at the first court proceeding

Answer 1

C

Question 2

What is the primary role of a defendant in a trial?

A) to make tactical and strategic decisions
B) to make major decisions regarding his or her defense
C) to gather witnesses in their defense
D) to focus on his or her demeanor and appearance before the judge and jury

Answer 2

D

Question 3

Having an appropriate demeanor in court includes which of the following?

A) looking interested in the proceedings
B) not scowling
C) having a concerned yet pleasant expression
D) all of these

Answer 3

D

Question 4

In 2006, the BJS reported that a majority of defendants were ______.

A) Black
B) non-White
C) Hispanic
D) White

Question 5

What is a judicially created remedy for violations of the Fourth Amendment?

A) exclusionary rule
B) subpoena
C) Compulsory Process Clause
D) remedial rule

Question 6

The process through which state governments would hand over illegally seized evidence for use in federal prosecutions is known as ______.

A) the handover doctrine
B) the weeks doctrine
C) the exclusionary doctrine
D) the silver platter doctrine

Question 7

Which court case officially applied the exclusionary rule to the states in 1961?

A) Weeks v. United States
B) Elkins v. United States
C) Mapp v. Ohio
D) Rochin v. California

Question 8

If a police officer executes a search warrant that was issued by a neutral and detached magistrate that is ultimately found to be invalid, which exception to the exclusionary rule applies?

A) good faith exception
B) inevitable discovery exception
C) impeachment exception
D) lawful exception

Question 9

Which exception to the exclusionary rule permits the use at trial of evidence illegally obtained by the police if they can demonstrate that they would have discovered the evidence anyway by legal means?

A) good faith exception
B) inevitable discovery exception
C) impeachment exception
D) lawful exception

Question 10

Which amendment to the Constitution provides defendants with the right to reasonable bail?

A) First Amendment
B) Fourth Amendment
C) Sixth Amendment
D) Eighth Amendment

Question 11

What factors will the court consider when deciding if there has been a violation of a defendant's right to a speedy trial?

A) length of delay
B) reason for delay
C) prejudice caused by the delay
D) all of these

Question 12

The right to be present at one's trial is based on which two amendments?

A) Fourteenth and Sixth Amendments
B) Sixth and Eighth Amendments
C) First and Fourth Amendments
D) Sixth and Seventh Amendments

Question 13

The Compulsory Process Clause of the Sixth Amendment provides defendants with what right?

A) to testify in their own defense
B) to represent themselves in court
C) to compel individuals to appear in court and testify as witnesses for the defense
D) to have an attorney represent them in court

Question 14

What is the court order that requires an individual to appear at a specific time and place to testify as a witness?

A) a subpoena
B) a warrant
C) an indictment
D) a process

Question 15

The Rules of Evidence (federal and state) give what entity the discretion to preclude admission evidence that may fall within the definition of relevance?

A) judge
B) prosecutor
C) defense attorney
D) attorney general

Question 16

What is required for evidence to be admissible in a trial?

A) Any evidence is admissible.
B) At a minimum, it must be relevant and trustworthy in the eyes of the judge.
C) It must be reasonable in the eyes of the judge.
D) It must make sense to the judge.

Question 17

Defendants have the ability to challenge the information against them through what process?

A) examination
B) confrontation
C) cross-examination
D) direct examination

Question 18

In challenging a witnesses' capacity, the defendant is not saying that the witness is lying, but rather that the witness is ______.

A) mistaken
B) incompetent
C) helpless
D) criminal

Question 19

The process of challenging the truthfulness and credibility of a witness is ______.

A) hearsay
B) admissible
C) testifying
D) impeachment

Question 20

What challenges do victims face in working with the criminal courts?

A) lack of input into decisions
B) lack of information about cases
C) invasion of privacy
D) all of these

Question 21

Under the English common law system, crime was viewed as what kind of harm?

A) public
B) private
C) social
D) individual

Question 22

Which of the following is not a category of victims' rights specifically associated with the court system?

A) the right to be informed
B) the right to testify
C) the right to attend
D) the right to be heard

Question 23

Since the 1980s, the rights and protections provided to crime victims have ______.

A) decreased
B) stayed the same
C) increased
D) equalized

Question 24

Weeks v. United States applied the exclusionary rule to the federal government and the states.

Question 25

The time limits set to guarantee a defendant's right to a speedy trial are almost always met.

Question 26

Criminal defendants come from all backgrounds and possess a full range of demographic characteristics.

Question 27

The right to be present at trial extends to pretrial hearings and meetings between the judge and the attorneys regarding evidentiary items.

Question 28

Repeated disruptive conduct may result in the defendant forfeiting his or her right to be present at trial.

Question 29

Defendants have the right to appear at their trial in civilian clothing and without visible restraints.

Question 30

A defendant has as absolute right to present any and all evidence or testimony he or she desires.

Question 31

Hearsay statements are out of court statements made by witnesses who are not available to testify at the defendant's trial.

Question 32

Crime victims are rarely overlooked in the criminal court system.

Question 33

Prior to sentencing, victims are given the opportunity to address the judge, either verbally or in writing, prior to sentencing through what is called a victim impact statement.

Question 34

Prior to the codification of victim's rights, crime victims had difficulty tracking the progress of their case.

Question 35

The Compulsory Process Clause and the Confrontation Clause are both within the Sixth Amendment.

Question 36

There are no exceptions to the exclusionary rule.

Question 37

The primary purpose of the exclusionary rule is to protect individuals' rights.

Question 38

What is the primary argument for and against the exclusionary rule?

Question 39

Discuss the exclusionary rule and the amendment connected to it.

Question 40

What is required for evidence to be admissible?

Question 41

What are the two distinct concepts within the Confrontation Clause?

Question 42

Under what two circumstances may a defendant be tried in absentia?

Question 43

Discuss the hub around which the criminal court system rotates.

Question 44

Discuss the appropriate demeanor while in court for a defendant.

Question 45

Discuss the typical defendant educational level.

Question 46

Discuss a criminal defendant's right to be present at his or her trial.

Question 47

Explain the definition and role of a subpoena.

Question 48

What is the exclusionary rule? What is its primary purpose? Briefly explain both exceptions to the exclusionary rule.

Question 49

Explain the Compulsory Process Clause and the Confrontation Clause of the Sixth Amendment. These two clauses are associated with which defendant right discussed in the textbook?

Question 50

Who has been given primary responsibility for the implementation of a significant number of the provisions contained in victims' rights measures? What has resulted from this phenomenon? List three of the common services provided by victim services or advocacy programs.

Question 51

What does it mean for a defendant to be tried in absentia? In what two situations may a defendant be tried in absentia?

Question 52

Explain the difference between testimonial and nontestimonial statements.