Deck 13: Trial and Beyond

Question 1

Which constitutional amendment gives the accused the right to a speedy and public trial?

A) The Fifth
B) The Sixth
C) The Eighth
D) The Fourteenth

Answer 1

The Sixth

Question 2

The right to speedy trial applies once the suspect has been:

A) Arrested.
B) Charged.
C) Acquitted.
D) Accused.

Answer 2

Accused.

Question 3

Which of the following is an argument against speedy trials?

A) They may not give the defense adequate time to prepare.
B) They minimize anxiety on the part of the accused.
C) They prevent excessive incarceration.
D) They permit quick disposal of cases.

Answer 3

They may not give the defense adequate time to prepare.

Question 4

According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is:

A) Reversal.
B) Dismissal.
C) A new trial.
D) Habeas corpus.

Question 5

The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment.

A) Fourteenth
B) Eight
C) Sixth
D) Fifth

Question 6

Which of the following is NOT true about a public trial?

A) Most are open to the public.
B) The public cannot view the trial.
C) It applies to other hearings as well.
D) It aids in the sense of responsibility and importance of the courtroom work group.

Question 7

The right to an impartial jury stems from which constitutional amendment?

A) The Fifth
B) The Sixth
C) The Seventh
D) The Eighth

Question 8

The right to a jury trial applies in:

A) Noncriminal proceedings.
B) Civil proceedings.
C) Criminal cases in which the penalty for a single offense exceeds six months.
D) All criminal trials.

Question 9

The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case?

A) 3
B) 5
C) 6
D) 9

Question 10

For a waiver of a jury trial to be valid, it must be:

A) Express.
B) Intelligent.
C) Voluntary.
D) Free of coercion.
E) All of the above

Question 11

Most juries in criminal cases consist of how many members?

A) 6
B) 12
C) 18
D) 24

Question 12

The list of potential jury members is known as the:

A) Jury pool.
B) Master jury wheel.
C) Jury list.
D) All of the above

Question 13

In most states potential jurors need to be:

A) Of a certain age.
B) U.S. citizens.
C) Free of felony convictions.
D) Able to speak and understand the English.
E) All of the above

Question 14

Which of the following statements is TRUE concerning jury voting requirements?

A) Decisions must be unanimous.
B) Decisions can be less than unanimous in all felonies.
C) Decisions must be unanimous in 12 member juries.
D) Decisions must be unanimous in juries with fewer than 12 members.

Question 15

Nearly every state requires unanimous decisions in criminal cases with juries consisting of how many members?

A) 6
B) 10
C) 12
D) 16

Question 16

With regard to the right to confrontation, the defendant must be physically present and:

A) Remorseful.
B) Respectful.
C) Mentally competent.
D) Represented by counsel.

Question 17

In which of the following ways is the right to confrontation manifested?

A) By allowing the defendant to be present
B) By requiring live witness testimony
C) The defendant must be able to challenge witness testimony in court
D) All of the above

Question 18

Which constitutional amendment contains the double jeopardy clause?

A) The Fourth
B) The Fifth
C) The Sixth
D) The Fourteenth

Question 19

Double jeopardy occurs when, for the same offense, a person is:

A) Re-prosecuted after acquittal.
B) Re-prosecuted after conviction.
C) Subjected to separate punishments for the same offense.
D) All of the above

Question 20

In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right?

A) Benton v. Maryland
B) Gideon v. Wainwright
C) Kansas v. Hendricks
D) Blockburger v. United States

Question 21

Which of the following can be considered a separate sovereign for double jeopardy purposes?

A) Cities
B) Counties
C) States
D) Different state appellate court districts

Question 22

The constitutionally guaranteed protection against ________ is designed to ensure that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense more than once.

A) Entrapment
B) Self-incrimination
C) Double jeopardy
D) None of the above

Question 23

Which of the following is NOT a separate sovereign for double jeopardy purposes?

A) States
B) Federal government
C) Federal judicial circuits
D) Native American tribes

Question 24

Double jeopardy protection applies:

A) In criminal proceedings.
B) In all types of cases.
C) In civil proceedings.
D) In administrative hearings.

Question 25

The right to compulsory process provides that the accused can:

A) Use subpoenas.
B) Obtain documents that may be helpful to his or her defense.
C) Present evidence.
D) All of the above

Question 26

Which of the following is/are constitutional rights enjoyed during the sentencing phase?

A) Protection from double jeopardy
B) Right to have counsel present
C) Right to participate in sentencing
D) Right to a reasonable punishment
E) All of the above

Question 27

Which of the following Amendments does NOT include constitutional rights for the defendant during the sentencing phase?

A) Fifth
B) Sixth
C) Seventh
D) Eighth

Question 28

Appeals are most commonly filed by the:

A) Defense.
B) Prosecution.
C) Trial judge.
D) Victim.

Question 29

Rights enjoyed during the appellate process include:

A) Access to trial transcripts.
B) Access to counsel.
C) The right to be free from government retaliation.
D) All of the above

Question 30

Which of the following statements is TRUE concerning the right to counsel during the habeas corpus process?

A) Prisoners can help each other in preparing petitions.
B) Counsel is provided if the petitioner cannot afford it.
C) Petitioners must have counsel to assist in filing legal documents.
D) All of the above

Question 31

A speedy trial can be damaging to the defendant.

Question 32

The right to a speedy trial applies only when the accused is formally charged with a crime.

Question 33

The Sixth Amendment guarantees the right to an impartial judge.

Question 34

Voir dire can be done by just the judge asking questions of the prospective jurors.

Question 35

It is acceptable for the prosecution to exclude a potential juror based on race.

Question 36

All jury verdicts must be unanimous.

Question 37

A public trial is concerned with the selection of jury members who can be impartial, as the Sixth Amendment requires.

Question 38

Double jeopardy occurs only when a person is subjected to separate punishments for the same offense.

Question 39

For double jeopardy purposes, the ?same offense? is one that requires proof of the same facts that a second charged offense does.

Question 40

Double jeopardy does not apply to prosecutions for the same conduct brought by separate sovereigns.

Question 41

The entrapment defense is mentioned in the U.S. Constitution.

Question 42

Convicted criminals enjoy no constitutional rights during sentencing.

Question 43

A defendant is entitled to a reasonable punishment for his or her crime.

Question 44

Discretionary appeals are automatically granted by law.

Question 45

Trials de novo are common occurrences in the appellate process.

Question 46

The Supreme Court has ruled that there can be no restrictions put on habeas corpus.

Question 47

A convicted defendant must typically exhaust all available state-level appeals before habeas corpus is an available option.

Question 48

The Supreme Court in United States v. Marion created what has become known as the ________ rule.

Question 49

The ________ Amendment established the requirement for an impartial jury.

Question 50

The right to a speedy trial applies once a person is ________ of a crime.

Question 51

The Supreme Court has ruled that a five-member jury in a criminal case is ________.

Question 52

The term ________ means ʺto see what is said.ʺ

Question 53

The ________ Amendment provides that an accused person enjoys the right to be ʺconfronted with the witnesses against him.ʺ

Question 54

The constitutional right against ________ jeopardy is designed to ensure that a person who has been convicted or acquitted of a crime is not tried again for the same offense.

Question 55

The ________ rule says that if two different crimes have the same required elements the two crimes are considered the same offense for jeopardy purposes.

Question 56

The ________ Amendment contains the double jeopardy clause.

Question 57

________ arises when the government plants the seeds of criminal intent in a person's mind and causes the person to commit a crime that he or she otherwise would not have committed but for the government's conduct.

Question 58

In a(n) ________ sentence, the defendant serves time for more than one crime at once.

Question 59

A defendant is entitled to a(n) ________ punishment for his or her crime.

Question 60

An appeal of right, or ________ appeal, is automatically granted to the defendant by law.

Question 61

When the defendant appeals for a trial de novo, he or she is requesting a new, independent trial at the ________ level.

Question 62

Habeas corpus literally means, ʺyou have the ________.ʺ

Question 63

Match the term with proper definition concerning the selection of potential jurors.

-Venire

A) The process of selecting jurors for service.
B) A means of excluding prospective jurors who cannot be impartial.
C) Individuals selected from the jury list are referred to as this term.
D) A means of excluding prospective jurors with no reason offered.

Question 64

Match the term with proper definition concerning the selection of potential jurors.

-Challenge for cause

A) The process of selecting jurors for service.
B) A means of excluding prospective jurors who cannot be impartial.
C) Individuals selected from the jury list are referred to as this term.
D) A means of excluding prospective jurors with no reason offered.

Question 65

Match the term with proper definition concerning the selection of potential jurors.

-Voir dire

A) The process of selecting jurors for service.
B) A means of excluding prospective jurors who cannot be impartial.
C) Individuals selected from the jury list are referred to as this term.
D) A means of excluding prospective jurors with no reason offered.

Question 66

Match the term with proper definition concerning the selection of potential jurors.

-Peremptory challenge

A) The process of selecting jurors for service.
B) A means of excluding prospective jurors who cannot be impartial.
C) Individuals selected from the jury list are referred to as this term.
D) A means of excluding prospective jurors with no reason offered.

Question 67

Match the correct court term with the definition concerning the appeals process.

-Direct appeal

A) A type of appeal in which the appellate court holds a new trial as if the prior trial never occurred.
B) A means of challenging the constitutionality of one's confinement, best viewed as an alternative to appealing.
C) An appeal that is authorized by law.
D) The review of the decision of a juvenile court proceeding by a higher court.

Question 68

Match the correct court term with the definition concerning the appeals process.

-Discretionary appeal

A) A type of appeal in which the appellate court holds a new trial as if the prior trial never occurred.
B) A means of challenging the constitutionality of one's confinement, best viewed as an alternative to appealing.
C) An appeal that is authorized by law.
D) The review of the decision of a juvenile court proceeding by a higher court.

Question 69

Match the correct court term with the definition concerning the appeals process.

-Trial de novo

A) A type of appeal in which the appellate court holds a new trial as if the prior trial never occurred.
B) A means of challenging the constitutionality of one's confinement, best viewed as an alternative to appealing.
C) An appeal that is authorized by law.
D) The review of the decision of a juvenile court proceeding by a higher court.

Question 70

Match the correct court term with the definition concerning the appeals process.

-Habeas corpus

A) A type of appeal in which the appellate court holds a new trial as if the prior trial never occurred.
B) A means of challenging the constitutionality of one's confinement, best viewed as an alternative to appealing.
C) An appeal that is authorized by law.
D) The review of the decision of a juvenile court proceeding by a higher court.

Question 71

Match the concept with the correct amendment. Answers may be used more than once.

-Speedy trial

A) Sixth Amendment.
B) No Constitutional right.
C) Fifth Amendment.

Question 72

Match the concept with the correct amendment. Answers may be used more than once.

-Impartial jury

A) Sixth Amendment.
B) No Constitutional right.
C) Fifth Amendment.

Question 73

Match the concept with the correct amendment. Answers may be used more than once.

-Double jeopardy

A) Sixth Amendment.
B) No Constitutional right.
C) Fifth Amendment.

Question 74

Match the concept with the correct amendment. Answers may be used more than once.

-Entrapment defense

A) Sixth Amendment.
B) No Constitutional right.
C) Fifth Amendment.

Question 75

Explain the jury selection process.

Question 76

Explain the guarantee against double jeopardy.

Question 77

Explain how the court determines the appropriate sentence and what factors are considered by the court to make that decision.

Question 78

List the defendant's right during sentencing and indicate if you think the defendant should have more rights or if you think rights the defendant has is appropriate.

Question 79

Can most judges be considered truly impartial? Why do you feel this way?

Question 80

Should criminal trials truly be public? Why or why not?