Question 1

This person makes the decision on what to charge a person who has killed another.

Accepted Answer

The District Attorney (or equivalent public prosecutor) is responsible for deciding what charges to bring against a person who has committed a crime, including cases involving homicide. They assess the evidence and determine the appropriate charges based on the law.

Question 2

Grand Juries indict people so often that there is a popular saying accredited to Sol Wachtler in which he says that any half decent prosecutor could indict:

Accepted Answer

The popular saying is "a grand jury would indict a ham sandwich if that's what you wanted." This reflects the belief that grand juries are often too willing to indict and may lack thorough examination of evidence.

Question 3

What is the plea called when a suspect admits to criminal liability but does not actually admit guilt?

Accepted Answer

The plea called when a suspect admits to criminal liability but does not actually admit guilt is called nolo contendere. This plea is also known as "no contest". It is often used when a defendant believes that pleading guilty could lead to civil lawsuits, but also admits that there is enough evidence to prove guilt.

Question 4

A deal made between the prosecuting attorney and the defendant and approved by the judge that often results in a lighter sentence for the accused is called a

Accepted Answer

The term "plea bargain" refers to an agreed deal between the prosecution and the defendant in a criminal case, in which the defendant agrees to plead guilty or nolo contendere (no contest) to certain charges in exchange for a lighter sentence or some other benefit. The decision to accept a plea bargain is ultimately up to the judge, who must approve the deal before it can be finalized.

Question 5

When the defense files a motion to ask that the prosecution to reveal the evidence against the accused it is called a

Accepted Answer

A motion for discovery is the legal request made by the defense asking that the prosecution reveal the evidence against the accused. This includes any documents, witness statements, and physical evidence that the prosecution has in its possession. The purpose of this motion is to allow the defense to prepare a proper defense and to ensure that the trial is fair.

Question 6

According to the 6th Amendment, U.S. citizens

Accepted Answer

The 6th Amendment guarantees the right to a trial by an impartial jury, but it does not specify a jury of peers, nor does it address cruel and unusual punishment, which is covered by the 8th Amendment.

Question 7

This type of challenge allows the prosecutor or defense attorney to exclude potential jurors without having to give a reason.

Accepted Answer

Peremptory Challenges allow attorneys to exclude potential jurors without having to give a reason. Challenges for cause are used to dismiss potential jurors who are unable to be fair or impartial due to a conflict of interest or bias. Unconditional challenges and Foundational challenges are not commonly used terms in regards to jury selection.

Question 8

What is the stage of the trial that follows jury selection?

Accepted Answer

After jury selection, the trial moves to opening statements, where both sides present an overview of their case to the jury.

Question 9

In which 1972 landmark case did the Supreme Court rule that the administration of the death penalty was cruel and unusual punishment?

Accepted Answer

In 1972, the Supreme Court case Furman v. Georgia ruled that the death penalty as it was administered at the time was unconstitutional and violated the Eighth Amendment prohibition against cruel and unusual punishment. This decision effectively invalidated all death penalty laws in the United States, but most states subsequently passed revised laws that satisfied the Court's objections.

Question 10

According to this rule, a person is not guilty of a crime, if at the time of the crime, he or she had a mental defect or disability that resulted in the person not knowing what he or she was doing was wrong.

Accepted Answer

This rule is commonly known as the M'Naghten Rule and is used as a defense for criminal responsibility in many common law jurisdictions. It states that a person is not guilty if they did not know the nature and quality of their actions or did not understand that what they were doing was wrong due to a mental defect or disability.

Quiz 11: Homicide in Court