Deck 10: The Criminal Trial

Question 1

Evidence tending to make a fact in question more or less probable than it would be without the evidence is called:

A) direct evidence
B) indirect evidence
C) circumstantial evidence
D) relevant evidence

Answer 1

D

Question 2

Jury lists are usually drawn from which of the following?

A) email address searches of people in the area
B) phone book numbers of people in the area
C) drivers license rolls and voter registration lists
D) volunteer lists of people who sign up for jury duty

Answer 2

C

Question 3

Which of the following is NOT a specification of "speedy trial" time limits for those in the federal court system?

A) No more than thirty days between arrest and indictment.
B) No more than ten days between indictment and arraignment.
C) No more than sixty days between arraignment and trial.
D) No more than five days between trial and sentencing.

Answer 3

D

Question 4

Which of the following is NOT a protection enjoyed by criminal defendants facing imprisonment in the United States?

A) mediation
B) speedy trial
C) jury trial
D) public trial

Question 5

In order for a defendant to be declared not guilty following a trial, the jury vote must be how much in favor of this acquittal?

A) one-fourth
B) half
C) three-fourths
D) unanimous

Question 6

An oral or written statement made by an out-of-court declarant that is later offered in court by a witness (not the declarant) concerning a matter before the court is called:

A) direct evidence
B) subpoena
C) cross-examination
D) hearsay

Question 7

The standard of proof used in a criminal trial is:

A) preponderance of the evidence
B) beyond a reasonable doubt
C) criminal surety
D) civil surety

Question 8

__________ is evidence that establishes the existence of a fact that is in question without relying on inference.

A) direct evidence
B) indirect evidence
C) circumstantial evidence
D) relevant evidence

Question 9

An instruction by a judge to a deadlocked jury that asks the jurors in the minority to reconsider the majority opinion is called a(n):

A) Adamson charge
B) Allen charge
C) Miranda charge
D) Batson charge

Question 10

A witness who testifies against the defendant is often given __________, meaning that no information they disclose can be used to bring criminal charges against them.

A) immunity
B) testimony
C) clearance
D) a pardon

Question 11

The right against self-incrimination is provided for in the __________ Amendment of the Constitution.

A) First
B) Fourth
C) Fifth
D) Sixth

Question 12

The court case that set forth the rule that a suspect's decision to remain silent cannot be held against him or her was:

A) Adamson v. California
B) Miranda v. Arizona
C) Duncan v. Louisiana
D) Barker v. Wingo

Question 13

Verbal evidence given by witnesses under oath is called:

A) voir dire
B) real evidence
C) a testimony
D) a cross-examination

Question 14

Voir dire is a part of the:

A) opening statement
B) indictment process
C) jury selection process
D) closing argument

Question 15

Before the Batson v. Kentucky case, attorneys regularly used their preemptory challenges to do which of the following?

A) exclude women from juries
B) exclude African Americans from juries
C) exclude juveniles from juries
D) exclude the disabled from juries

Question 16

Evidence that may be excluded if it would tend to distract the jury from the main issues of the case, mislead the jury, or cause jurors to decide the issue on an emotional basis is called:

A) direct evidence
B) prejudicial evidence
C) circumstantial evidence
D) relevant evidence

Question 17

Which of the following is the U.S. Supreme Court case that ruled that a defendant
May contest race- based peremptory challenges even if the defendant is not of the same race as the excluded jurors?

A) Georgia v. McCollum
B) Batson v. Kentucky
C) Powers v. Ohio
D) Swain v. Alabama

Question 18

In which of the following cases is the right to a jury trial not constitutionally required?

A) homicide cases
B) capital cases
C) MIP cases
D) assault cases

Question 19

Which of the following is NOT an acceptable reason for a preemptory challenge?

A) a person has long hair
B) a person drives an SUV
C) a person is black
D) a person a student

Question 20

Which of the following is a way a juror can be challenged for cause in voir dire?

A) for being linked to the case
B) for being fit
C) for being unbiased
D) for being a student

Question 21

In general, prosecutions for murder and other offenses that carry the death penalty do not have a statute of limitations.

Question 22

The preliminary questions that the trial attorneys ask prospective jurors is called __________.

Question 23

A witness who has been granted immunity may still refuse to answer questions on the basis of self-incrimination.

Question 24

An appeal is the process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the lower court's judgment.

Question 25

The bar against double jeopardy does not stop a victim from bringing a(n) __________ against the same person?

A) criminal charge
B) civil suit
C) adjudication
D) appeal

Question 26

Which of the following is NOT one of the reasons for the state appeal process?

A) to correct an error made during the initial trial
B) to review policy
C) to review any evidence that may have been tainted
D) to set precedents

Question 27

A declaration following a trial that the individual accused of the crime is innocent is called a(n) __________.

Question 28

A(n) __________ is a trial conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence.

Question 29

Individuals may be tried twice for the same crime if new evidence is found.

Question 30

When a
defendant refuses to testify in court due to the fact that the information might incriminate them, this is known as ______________.

Question 31

The burden of providing reasonable doubt falls on the defense attorney.

Question 32

A challenge for cause is a racist challenge to exclude potential jurors from serving on the jury without any supporting reason or cause.

Question 33

When is an appeal NOT required in most states?

A) in every case
B) when the sentence is longer than 10 years in prison
C) when the sentence is life without parole
D) when the sentences is capital punishment

Question 34

A(n) __________ is a written statement that presents the party's legal arguments and precedents to support these.

A) appeal
B) brief
C) subpoena
D) notice

Question 35

A defendant is not allowed to waive his or her right to a jury trial in a death penalty case.

Question 36

__________ is the group of citizens from which the jury is selected.

Question 37

Direct evidence is evidence that establishes the existence of a fact that is in question without relying on inference.

Question 38

A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge is called a lay witness.

Question 39

Voir dire is the preliminary questions that the trial attorneys ask prospective jurors.

Question 40

A writ of habeas corpus differs from an appeal for which of the following reasons?

A) it can only be filed by a person who is imprisoned
B) it can only be filed by a person who is facing double jeopardy
C) it can only be filed by a person who is facing the death penalty
D) it can only be filed by a person who is facing life without parole

Question 41

Explain the difference between a civil trial and a criminal trial.

Question 42

Explain what "taking the Fifth" really means and why this is critical right in the U.S. justice system.

Question 43

Explain the typical qualifications that are necessary for jurors.

Question 44

Anything that is used to prove the existence or nonexistence of a fact is called
__________.

Question 45

Explain the difference between real evidence and testimonial evidence.

Question 46

To be tried twice for the same criminal offense is called __________.

Question 47

What is writ of habeas corpus? How is a writ of habeas
corpus different from an appeal?

Question 48

A(n) ___________ is the questioning of an opposing witness during trial.

Question 49

__________ is an order that requires correctional officials to bring an inmate before a court or a judge and explain why he or she is being held in prison.

Question 50

A __________ is a jury whose members are so irreconcilably divided in their
opinions that they cannot reach a verdict.