Question 1

The decision in Kyles requires the prosecution to learn of exculpatory evidence known to police.

Accepted Answer

In Kyles v. Whitley, the Supreme Court held that the prosecution has a duty to disclose exculpatory evidence known to police, even if the prosecutors themselves are not aware of it.

Question 2

Failure or unreasonable delay in complying with a discovery request may lead to sanctions.

Accepted Answer

This is true as failure or unreasonable delay in complying with a discovery request can result in sanctions such as monetary penalties, adverse inferences, or even dismissal of the case.

Question 3

The defense must notify the prosecution and the court of alibi or insanity as defenses at the arraignment or shortly thereafter.

Accepted Answer

This is true. The rules of criminal procedure typically require that the defense provide notice of their intent to use certain defenses, such as alibi or insanity, in order to give the prosecution time to prepare their case and respond appropriately. The specific deadline for such notice varies depending on the jurisdiction and the circumstances of the case, but it generally occurs at or shortly after the arraignment.

Question 4

Diligence must be exercised to guard against computer-enhanced or fabricated evidence.

Accepted Answer

Computer technology has made it easier to create and manipulate digital evidence, which makes it crucial to exercise diligence in its examination and verification to ensure the authenticity of the evidence presented in court or other legal proceedings.

Question 5

The judge must advise a defendant who enters a plea pro se that it is advantageous to be represented by an attorney.

Accepted Answer

The answer of The judge must advise a defendant who...

Question 6

The information serves the same purpose as the indictment.

Accepted Answer

Both the information and indictment serve the purpose of formally charging a person with a crime and providing them with the details of the charges against them.

Question 7

Grand jury witnesses can claim the right against self-incrimination.

Accepted Answer

Grand jury witnesses are allowed to claim the Fifth Amendment right against self-incrimination in the United States. This means they cannot be forced to answer any questions that could potentially incriminate them.

Question 8

Exculpatory evidence is material if there is a reasonable probability that,had the evidence been disclosed to the defense,the result of the proceeding would have been different.

Accepted Answer

This is the definition of material exculpatory evidence as established by the Supreme Court in Brady v. Maryland. The Court determined that the prosecution's failure to disclose such evidence to the defense violates due process.

Question 9

Appeal waivers are not allowed as part of plea bargains.

Accepted Answer

Appeal waivers are allowed as part of plea bargains, but there are restrictions and limitations on their enforceability.

Question 10

Grand juries can subpoena witnesses and documents without probable cause.

Accepted Answer

Grand juries have broad investigative powers and can issue subpoenas for witnesses and documents without requiring probable cause. However, they must still adhere to constitutional protections and limitations.

Question 11

A pretrial conference statement includes estimated time required for trial.

Accepted Answer

A pretrial conference statement typically includes an estimated time required for trial so that the court can schedule an appropriate amount of time for the trial.

Question 12

In some states the prosecutor may use intermission to bypass the preliminary hearing and submit the case to a grand jury.

Accepted Answer

The answer of In some states the prosecutor may use...

Question 13

The Fifth Amendment imposes the use of grand jury on all criminal proceedings for felonies.

Accepted Answer

The Fifth Amendment requires the use of a grand jury for federal felony charges but does not impose this requirement on state criminal proceedings. States can use grand juries, but they are not mandated to do so by the Fifth Amendment.

Question 14

A guilty plea is entered for a defendant who stands mute.

Accepted Answer

When a defendant stands mute, it is typically treated as a plea of not guilty, allowing the legal process to continue.

Question 15

In accepting a plea bargain,the defendant gives up the constitutional right to a jury trial.

Accepted Answer

By accepting a plea bargain, the defendant is essentially waiving their right to a trial by jury and instead accepting the terms of the plea agreement negotiated between their defense attorney and the prosecution.

Question 16

Discovery rules are rigid and uniform.

Accepted Answer

Discovery rules vary by jurisdiction and can be flexible to a certain extent depending on the circumstances of the case.

Question 17

Grand juries function as an arm of the prosecution.

Accepted Answer

The answer of Grand juries function as an arm of...

Question 18

A plea bargain agreement is confidential and should not be revealed to the victim of the crime.

Accepted Answer

In some jurisdictions, victims may have the right to be informed of the plea bargain agreement and may even have the opportunity to provide input or objections. However, in general, plea bargain agreements are not public record and should not be disclosed by the prosecutor or defense attorney without the consent of the defendant.

Question 19

A subpoena duces tecum is limited by the number of documents it may command,but not the type of documents.

Accepted Answer

A subpoena duces tecum is limited not only by the number of documents it may command but also by the type of documents it can request. The subpoena should specify the documents requested with sufficient particularity to avoid ambiguity or undue burden on the person or entity served with the subpoena.

Question 20

Investigation is a task that can be handled with little preparation.

Accepted Answer

Investigation requires a significant amount of preparation in order to gather evidence, conduct interviews, and analyze data. Without proper planning and preparation, an investigation may miss important details or fail to uncover relevant information.

Quiz 13: Pretrial: Grand Jury to Pretrial Conference