Deck 11: The Criminal Trial

Question 1

Which courtroom actor provides the first opening statement?

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

Answer 1

B

Question 2

Which of the following communications may be considered privileged?

A) husband and wife
B) attorney and client
C) doctor and patient
D) all of these

Answer 2

D

Question 3

After the prosecution has presented its case and before the defense presents its argument, the defense typically ______.

A) moves for a directed verdict of not guilty
B) makes an additional motion for discovery
C) moves to make a plea bargain
D) requests more time to question state's witnesses

Answer 3

A

Question 4

The right of a defendant to confront witnesses against him or her is found ______.

A) in the Fourth Amendment
B) in the Fifth Amendment
C) in the Sixth Amendment
D) nowhere in the Constitution

Question 5

Evidence presented at trial may be real evidence or ______.

A) fabricated evidence
B) disputed evidence
C) testimonial evidence
D) expert evidence

Question 6

Tangible evidence used at trial such as documents or fingerprints are known as ______.

A) real evidence
B) testimonial evidence
C) visual evidence
D) tactile evidence

Question 7

Evidence such as sworn statements of witnesses and victims are known as ______.

A) circumstantial evidence
B) testimonial evidence
C) auditory evidence
D) intangible evidence

Question 8

Lay witnesses may testify to all of the following except what?

A) what was said to them
B) why the defendant committed the crime
C) the events that they witnessed
D) what they may have smelled

Question 9

Which of the following is an example of direct evidence?

A) fingerprints found on a murder weapon
B) a receipt for purchase of a gun used in a crime
C) testimony of an eyewitness
D) telephone records of calls between a victim and a defendant

Question 10

Which of the following is an example of indirect evidence?

A) victim testimony
B) a defendant's confession
C) eyewitness testimony
D) fingerprints from a crime scene

Question 11

The act of swearing-in witnesses is done to ensure the ______ of their testimony.

A) competence
B) relevance
C) impact
D) quality

Question 12

Testimony from a witness about evidence provided by someone else is known as ______.

A) indirect evidence
B) intangible evidence
C) ex post facto
D) hearsay

Question 13

In a jury trial, who determines the facts of the case?

A) the prosecution
B) the defense attorney
C) the judge
D) the jury

Question 14

In a jury trial, who determines the law to be applied?

A) the prosecution
B) the defense attorney
C) the judge
D) the jury

Question 15

Which of the following is a concern among many regarding jury instructions?

A) They bias the jury against the defense.
B) They bias the jury against the prosecution.
C) They are too difficult to understand.
D) They do not provide enough information.

Question 16

Upon receipt of the judge's instructions, jurors deliberate in the ______.

A) jury box
B) jury room
C) judge's chambers
D) deliberation chamber

Question 17

Which of the following are researchers typically unable to do when conducting jury research?

A) observe jury deliberations
B) hold mock juries
C) interview jurors
D) observe trials

Question 18

According to research, under which circumstances do jurors tend to allow personal biases and other irrelevant considerations to cloud their judgment?

A) when the juror and defendant are of different racial groups
B) when the juror and defendant are of the opposite sex
C) when the evidence presented is strong
D) when the evidence presented is weak

Question 19

Jurors who engage in jury nullification are said to be voting with their ______.

A) heads
B) consciences
C) wallets
D) feet

Question 20

What hypothesis suggests that when the evidence is uncertain, jurors are freed from the constraints imposed by the law and therefore may feel free to take legally irrelevant factors into consideration?

A) the Jury Nullification Hypothesis
B) the Liberation Hypothesis
C) the Jury Hypothesis
D) none of these

Question 21

According to research, which of the following is not a significant factor predicting the likelihood of a hung jury?

A) case complexity
B) the racial/ethnic and gender composition of the jury
C) group dynamics of the jury
D) juror concern over fairness

Question 22

Typically, who reads the verdict?

A) the prosecutor
B) the defense attorney
C) the judge
D) the jury foreman

Question 23

Generally, the right to confront witnesses has been interpreted to mean that the witnesses who testify against the defendant must appear at trial and confront the defendant face-to-face.

Question 24

The subpoena cannot be used to compel witnesses to give pretrial depositions.

Question 25

Regardless of which side calls a witness to testify, the prosecution is the first to question each witness.

Question 26

Marital privilege is absolute; one cannot be compelled to testify against one's spouse.

Question 27

The privilege against self-incrimination is absolute; a defendant cannot be compelled to testify in his or her own trial.

Question 28

Certain categories of individuals generally cannot be compelled to testify in criminal cases.

Question 29

After all the evidence in the case has been presented, each side is allowed to make a closing argument.

Question 30

Most jury trials result in convictions.

Question 31

Once the jury moves to deliberate, there can be no more contact between the jury and the judge.

Question 32

Some research shows that jurors allow biases to cloud their judgment only when the evidence presented is weak.

Question 33

Witness testimony is not governed by the rules of evidence.

Question 34

Juries must return with a unanimous verdict for a conviction or acquittal in all federal criminal cases.

Question 35

Most jury trials result in acquittal.

Question 36

According to research, a racially diverse jury is more likely than a racially homogenous jury to reach a hung verdict.

Question 37

If the jury finds the defendant not guilty, the prosecution can appeal.

Question 38

Explain how the Sixth Amendment is related to the right to cross-examination.

Question 39

Provide an example of privileged communication.

Question 40

Provide at least two examples of real evidence.

Question 41

Describe and define testimonial evidence.

Question 42

Explain direct and indirect evidence.

Question 43

Explain and provide an example of hearsay evidence.

Question 44

How often does jury nullification occur?

Question 45

Explain the pros and cons of the defense giving its opening statement after the prosecution has given its statement (rather than reserving the opening statement until the state has concluded its case). If you were in the role of defense attorney, which would you chose? Why?

Question 46

Explain the requirements to ensure witness competence. If there are questions regarding the competence of a witness, who determines if the witness is competent?

Question 47

Explain the concept of jury nullification. Why do judges tend to dislike it?

Question 48

Identify and describe the four different types of evidence discussed in the chapter.

Question 49

Why have courts attempted to write jury instructions in more common terms?