Question 1

In which case did the U.S.Supreme Court set the precedent that the Due Process Clause prohibits states from "invidiously discriminating on the basis of race?"

Accepted Answer

The answer of In which case did the U.S.Supreme Court...

Question 2

All of the following are standard forms of plea bargain except ______.

Accepted Answer

Plea bargains typically involve agreements related to the current charges against a defendant, such as dismissing some charges, reducing the severity of charges, or not challenging sentencing requests. Agreeing not to charge the defendant with future offenses is not a standard form of plea bargain, as it would be unethical and impractical to promise not to charge someone for crimes that have not yet been committed.

Question 3

In which case did the U.S.Supreme Court establish that the standard of establishing criminal guilt beyond a reasonable doubt is a fundamental component of due process?

Accepted Answer

In re Winship (1970) is the landmark case where the U.S. Supreme Court ruled that the standard for establishing criminal guilt is "beyond a reasonable doubt," and this standard is a fundamental component of due process under the Fourteenth Amendment.

Question 4

The process of selecting the grand jury from the pool of individuals called to serve is termed petit jury.

Accepted Answer

The process of selecting the grand jury is distinct from selecting a petit jury. A petit jury is chosen to serve in a trial (either civil or criminal), while a grand jury is convened to consider whether there is enough evidence to indict someone on criminal charges.

Question 5

All of the following are components of the burden of proof except ______.

Accepted Answer

The term "burden of evidence" is not a standard component of the burden of proof. The burden of proof typically includes the burden of going forward (or production), the burden of persuasion, and sometimes other specific burdens depending on the legal context, but "burden of evidence" is not a recognized term in this framework.

Question 6

The purpose of the preliminary hearing is to determine whether there is sufficient evidence to subject the defendant to criminal prosecution.

Accepted Answer

A preliminary hearing is held to decide if there is enough evidence to require a trial, ensuring that the defendant will not be held for a crime without probable cause.

Question 7

The grand jury at common law was composed of 23 persons.

Accepted Answer

At common law, a grand jury was traditionally composed of 23 persons, which is a practice that has been carried forward in many jurisdictions today.

Question 8

In transactional immunity, the prosecution is prohibited from relying on an individual's testimony or any material derived from the testimony to prosecute the individual.

Accepted Answer

Transactional immunity protects an individual from prosecution for offenses related to their testimony, not just the use of the testimony itself. The description given is more akin to "use immunity."

Question 9

In which case did the U.S.Supreme Court hold that potential jurors cannot be peremptorily removed "solely on account of their race?"

Accepted Answer

Batson v. Kentucky (1986) is the landmark case where the U.S. Supreme Court held that potential jurors cannot be peremptorily removed solely on account of their race, establishing the Batson challenge.

Question 10

At a preliminary hearing, the judge presents witnesses.

Accepted Answer

At a preliminary hearing, it is the prosecution that presents evidence and witnesses to show there is enough evidence to proceed to trial, not the judge.

Question 11

According to the U.S.Supreme Court's holdings and justifications, which of the following state juries is both sufficiently large and has sufficient unanimity to convict a defendant?

Accepted Answer

A 10-member jury voting 9-1 is both sufficiently large and has sufficient unanimity to convict a defendant, according to the U.S. Supreme Court's holdings and justifications.

Question 12

In an information state, a prosecutor may "bypass" the preliminary hearing by immediately taking a charge before a grand jury.

Accepted Answer

The answer of In an information state, a prosecutor may...

Question 13

Hearsay, though not usually admissible, is allowed in trial if it is deemed ______.

Accepted Answer

The answer of Hearsay, though not usually admissible, is allowed...

Question 14

Should a judge determine an attorney's opening statement grossly improper, which of the following is the most extreme response available to the judge?

Accepted Answer

Declaring a mistrial is the most extreme response available to a judge when an attorney's opening statement is deemed grossly improper. This action essentially nullifies the proceedings up to that point, requiring the trial to start anew, which is more severe than instructing the jury to ignore the statement, excluding evidence, or dismissing charges.

Question 15

A preliminary hearing is not required where the defendant waives the preliminary hearing, where the defendant is charged with a misdemeanor, or where the grand jury has issued an indictment before the preliminary hearing is conducted.

Accepted Answer

A preliminary hearing can be waived by the defendant, is not required for misdemeanors, and is unnecessary if a grand jury indictment has already been issued.

Question 16

The reality of the grand jury is that the prosecutor exercises almost complete control over the deliberations.

Accepted Answer

In the grand jury process, the prosecutor plays a dominant role by deciding what evidence and witnesses to present, and the grand jury typically relies heavily on this guidance, leading to a significant degree of control over the deliberations.

Question 17

Grand jurors tend to follow the prosecutor rather than exercise independent judgment.

Accepted Answer

Grand jurors often rely heavily on the prosecutor's guidance and evidence presentation, as they typically lack legal expertise and depend on the prosecutor to navigate complex legal issues.

Question 18

Of the proposed methods for responding to an unruly defendant in Illinois v.Allen, which did the Supreme Court state should be used as a last resort for fear of prejudicing the jury against the defendant?

Accepted Answer

The Supreme Court in Illinois v. Allen stated that binding and gagging the defendant should be used as a last resort due to concerns it might prejudice the jury against the defendant.

Question 19

An individual who is convicted and sentenced should not be punished a second time for the same act.

Accepted Answer

This principle is known as "double jeopardy," which prevents an individual from being tried or punished more than once for the same offense.

Question 20

Which discriminatory factor has been used most often by the courts to establish legal rules regarding voir dire?

Accepted Answer

Race has been a significant factor in the development of legal rules regarding voir dire, particularly in ensuring that jury selection processes do not discriminate against potential jurors based on their race. This is to uphold the principles of equal protection and fairness in the judicial system.

Quiz 13: The Courtroom: the Pretrial and Trial Process