Deck 15: Criminal Trials, Appeals, and Other Post-Conviction Remedies

Question 1

Some states use sentencing guidelines to determine a criminal sentence.These guidelines are generally legislatively created presumptions in the form of a spreadsheet based on offense seriousness and prior record.When a judge does not sentence in accordance with the presumed sentence,this is called a(n)_______________.

A) sentencing anomaly
B) determinate sentence
C) indeterminate sentence
D) sentencing departure

Answer 1

D

Question 2

In Barker v.Wingo (1972)the U.S.Supreme Court identified four factors that courts should assess in determining whether a particular defendant has been deprived of the right to a speedy trial.They are:

A) length of delay, reason for the delay, whether the delay was inadvertent, and prejudice to the defendant.
B) length of delay, whether the delay was inadvertent, defendant assertion of the right, and prejudice to the defendant.
C) whether the delay was inadvertent, reason for the delay, defendant assertion of the right, and prejudice to the defendant.
D) length of delay, reason for the delay, defendant assertion of the right, and prejudice to the defendant.

Answer 2

D

Question 3

A ___________________ basically asks the judge to dismiss the case because no reasonable jury could find the defendant guilty beyond a reasonable doubt in light of the insufficient evidence presented by the prosecution.

A) Motion for a New Trial
B) Motion for Judgment of Acquittal
C) Motion for a Judgment Notwithstanding the Verdict
D) Motion for Revision or Correction of Sentence

Answer 3

B

Question 4

A defendant has a right to trial by jury under the Sixth Amendment

A) in all criminal prosecutions.
B) in prosecutions for offenses for which an imprisonment penalty is a possibility.
C) in all prosecutions for which the possible penalty is 6 months or more imprisonment.
D) in all prosecutions including juvenile court proceedings.

Question 5

Which of the following is not a true statement about the appeal process?

A) Filing an appeal involves the filing of a notice of appeal, the designation of the parts of the trial record to be considered on appeal, the filing of a statement of points on appeal, the filing of briefs, and the arguing of the briefs before an appellate court.
B) An appeal by the prosecution of adverse rulings is made before the jury hears the case or in cases in which the defendant has appealed and won.
C) If a defendant does not have the funds to appeal a conviction, the state will not provide these resources; thus, the person cannot appeal.
D) A defendant has a right to appeal after being convicted of a crime and after the trial judge has decided all post-trial motions and entered final judgment in the case.

Question 6

The federal sentencing guidelines are:

A) mandatory in all federal cases.
B) advisory in all federal cases.
C) mandatory in federal felony cases, but advisory in federal misdemeanor cases.
D) mandatory in cases where a judge resolved a question of fact.

Question 7

A prosecutor locates a material witness to support her case.During the trial when the prosecutor questions this witness the questioning is ___________.

A) cross examination
B) rebuttal examination
C) direct examination
D) re-cross examination

Question 8

When an appellate court reviews questions of fact resolved by a lower court,the appellate court can disturb the decision of the lower court:

A) only if the lower court applied the correct law and still made a mistake.
B) only after providing deference to the lower court and finding plain error.
C) only after conducting a de novo review and finding clear error.
D) only after providing deference to the lower court and finding clear error.

Question 9

If a prospective juror,from watching television news,admits during examination that he has already formed an opinion that the defendant is not guilty,the juror should be

A) considered fit for service.
B) peremptorily challenged.
C) challenged for cause.
D) polled.

Question 10

__________________ is evidence tending to prove the same point as evidence already offered,and is generally disallowed because it does little more than contribute to inefficiency.

A) Repetitious evidence
B) Cumulative evidence
C) Skipping evidence
D) Suppressed evidence

Question 11

The Daubert case suggested several factors (that are neither exhaustive nor applicable to every case)that might be used in evaluating whether a particular scientific theory,study,or test is both valid and reliable.Which is not one of the factors identified by the case?

A) is generally accepted in the relevant scientific community
B) has a known or potential rate of error that is acceptably low
C) the person advancing the theory, study, or test is an academic employed by a college or university
D) is empirically testable and capable of replication

Question 12

The Supreme Court has ruled that hearsay evidence poses no Confrontation Clause problem so long as two conditions are met.These two conditions are:

A) the out-of-court declarant is "unavailable" to testify at trial and there are multiple witnesses prepared to testify that the statement was made.
B) the out-of-court declarant is "unavailable" to testify at trial and the statement can be empirically tested for reliability.
C) the out-of-court declarant is deceased and the statement has "some indicia of eliability."
D) the out-of-court declarant is "unavailable" to testify at trial and the statement has "some indicia of reliability."

Question 13

The Compulsory Process Clause guarantees the defendant's right to compel the attendance of favorable witnesses at trial.To compel a person to appear by using a summons,the person to be summoned:

A) must be within the United States, a U.S. territory, or in a nation with an existing treaty with the United States.
B) must be within the United States or a territory of the United States.
C) must be within the United States.
D) must be within the geographical area subject to a court's subpoena power.

Question 14

The primary mechanism through which confrontation is achieved to satisfy the Sixth Amendment requirement is:

A) direct examination.
B) rebuttal.
C) cross-examination.
D) negotiations with the prosecutor.

Question 15

The process of questioning jurors to determine if they are prejudiced regarding a particular case is called

A) voir dire.
B) venire.
C) challenge for cause.
D) peremptory challenge.

Question 16

State prisoners are permitted to file for federal habeas corpus relief:

A) at any time after conviction is entered as a final judgment.
B) only after exhausting all available state remedies.
C) at any time after the start of the trial.
D) only in situations that involve the Fourth Amendment.

Question 17

?An inmate is housed in a state prison for committing a state offense.The inmate has noticed that the conditions of his confinement are quickly deteriorating.The state is placing more than two inmates in a cell,the state is cutting back on rehabilitative and wellness programs,and there have been a number of recent occasions when he was verbally and physically abused by prison staff.If the inmate desires a remedy to these conditions,he will file:

A) a civil action under 42 U.S.C. § 1983.
B) a habeas corpus action.
C) an appeal.
D) a motion to have his sentence reviewed.

Question 18

Which of the following is a true statement concerning 6th Amendment rights to a speedy trial?

A) The 6th Amendment right to a speedy trial covers the process both before and after a suspect has been formally accused.
B) The 6th Amendment right to a speedy trial covers the process after a suspect is formally accused, but not before a suspect is formally accused.
C) The 6th Amendment right to a speedy trial covers the process before a suspect is formally accused, but not after a suspect is formally accused.
D) The 6th Amendment is applicable to federal cases, but not state cases.

Question 19

Privileged communications protect confidential discussions in certain relationships in which we want to foster open,honest communications.The law usually recognizes all the following privileged relationships except:

A) attorney and client
B) clergy-member and penitent
C) brother and sister
D) lawfully-married husbands and wives

Question 20

During a criminal trial,a mistake is made that potentially prejudices the defendant.The defendant's attorney failed to make a timely objection.This means that:

A) the defendant will not, under any circumstances, be able to raise the point on appeal.
B) the defendant will be able to raise the point on appeal because an error was made.
C) the defendant will only be able to raise the issue on appeal if permission is granted by the prosecutor and the appellate judge.
D) the defendant will only be able to raise the point on appeal if the mistake made is a "plain error."

Question 21

?An inmate is housed in a state prison for the crime of murder.He has exhausted all of his appeals and state remedies.The primary assertion that the inmate wants to advance to a court is his claim of innocence,but he has no violation of the U.S.Constitution to claim.

A) The inmate can succeed in a habeas corpus claim if a state law has been violated.
B) The inmate cannot succeed in a habeas corpus claim unless a state law has been violated.
C) The inmate cannot succeed in filing a habeas corpus claim.
D) The inmate cannot succeed in a habeas corpus claim because no search and seizure law has been violated.

Question 22

Evidence is relevant if it shows the existence of any fact that is of consequence to the determination of the action by making that fact more probable or less probable than it would be without the evidence.

Question 23

Generally,to obtain an appellate court review of an issue,the appealing party (appellant)must preserve its claim by making a specific timely objection at or before trial.This is called the _________________.

A) plain error rule.
B) contemporaneous objection rule.
C) harmless error rule.
D) final judgment rule.

Question 24

Peremptory challenges are limited in number,but challenges for cause are not.

Question 25

The sentencing scheme that permits the judge to tailor the sentence to each offender,with the goal of changing the offender's behavior,is called determinate sentencing.

Question 26

Prisoners in state custody who allege that certain errors of a constitutional magnitude were not corrected on appeal may file a petition for a writ of habeas corpus in federal district court.

Question 27

?In criminal trials,a unanimous verdict is only required if a petit jury is comprised of :

A) five people or fewer.
B) nine people or fewer.
C) six people or fewer.
D) twelve people or fewer.

Question 28

The best evidence rule means that to prove the content of a writing,recording,or photograph,the original is generally required since copies are too easily altered.

Question 29

In some situations,the defense counsel could elect to wait until the prosecutor has presented the government's evidence before giving an opening statement,thereby concealing the defense strategy until the government has disclosed its case.

Question 30

Appellate determinations of either plain error or prejudicial error normally result in a conviction being overturned.

Question 31

The prosecution is not permitted to introduce additional evidence after the defense has closed its case-in-chief.

Question 32

The appellate court may affirm the conviction of a defendant,even if there was trial error.The conviction will be upheld if the court finds that there was error which had little likelihood of changing the result of the trial.This is called the

A) plain error rule.
B) contemporaneous objection rule.
C) harmless error rule.
D) final judgment rule.

Question 33

Out-of-court statements are testimonial-and,therefore,are subject to the Confrontation Clause.

Question 34

Which of the following is a true statement about evidence used in criminal trials?

A) Hearsay is firsthand evidence.
B) Most witnesses are permitted to give their opinions above and beyond those that are rationally based on their own common perceptions.
C) Even relevant evidence may be inadmissible if its use could prejudice, confuse, or mislead the jury.
D) Evidence may be relevant and admissible even if it does not tend to prove or disprove any material fact in dispute.

Question 35

The primary reason the U.S.Congress passed the Sentencing Reform Act of 1984 was:

A) to prevent states from implementing indeterminate sentencing.
B) to address concerns over disparate sentencing
C) to enact the federal three-strikes law.
D) to implement mandatory sentencing for the crime of treason.

Question 36

Petit juries are normally comprised of twelve people,although petit juries as small as six people may be constitutionally permissible.

Question 37

Typically the presentence investigation is prepared by

A) police officers.
B) court officers.
C) the defense attorney.
D) probation officers.

Question 38

The prosecutor's reexamination of the prosecution's witness in order to rehabilitate him or her in the eyes of the jury is known as

A) recross-examination.
B) cross-examination.
C) redirect examination.
D) direct examination.

Question 39

Which of the following is not a true statement about the venire?

A) Federal law and the law of most states require that no citizen be excluded from service as a juror on account of race, color, religion, gender, national origin, or economic status.
B) The venire must be a perfect mirror of the community or accurately [reflect] the proportionate strength of every identifiable group.
C) The venire is supposed to be representative of society as a whole.
D) The prospective jurors who are summoned comprise the venire.

Question 40

Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?

A) must be capable of understanding the duty to tell the truth
B) must have personal knowledge of the matter about which he or she is testifying
C) must be capable of understanding and speaking the English language
D) must be capable of expressing himself or herself so as to be understood by the jury

Question 41

The final,authoritative determination or decision of a court upon a matter within its jurisdiction is called _____________________.

Question 42

A ________ is issued to a person accused of a crime to compel attendance at a criminal proceeding.

Question 43

The term _______________ refers to a body of persons,selected and sworn according to law,to inquire into certain matters of fact and to render a verdict or true answer based on evidence presented before it.

Question 44

Identify and describe three different rules of evidence.

Question 45

Explain the difference between determinate and indeterminate sentencing.

Question 46

Name and describe the three common post-trial motions that are often made by the defense following a conviction.

Question 47

Write a brief paragraph describing what takes place during voir dire.

Question 48

Explain how the right to a speedy trial depends on whether a formal accusation has been made.

Question 49

There are two major forms of relief for a defendant after being convicted of a crime: _______ and _________.

Question 50

Explain the differences between a subpoena and a summons.

Question 51

Certain types of delay are not counted toward the time periods specified in the Speedy Trial Act.These delays that are not counted are called ______________.

Question 52

The judge provides guidance to the jury after the closing arguments have been made.The judge may summarize the evidence for the jury members,help them recall details,and attempt to reduce complicated evidence into its simplest elements.This is called ____________________.

Question 53

?The strictness (or level of deference)with which an appellate court will review the actions of a lower court is called ___________________.

Question 54

Name three things that a prosecutor or defense attorney may strike a juror for.

Question 55

Explain the differences between an appeal,a habeas corpus filing,and a civil action under § 1983.

Question 56

Describe the difference between a standard of review for clear error and a de novo standard of review.

Question 57

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ______________.

Question 58

Describe the sequence of events that take place at trial.Begin with the opening statement and end at the point that the jury reads the verdict.

Question 59

_________________ require that prosecution commence within a specified period of time from the date of the alleged commission of the offense.

Question 60

In appellate review of the decisions of courts of original jurisdiction,the ______ standard of review grants no deference to the lower court.