FutureJournalist
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- Nov 11, 2010
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1.
Which of the following is an example of confrontation?
A) voluntary recusal
B) voir dire
C) subpoena of witnesses
D) cross-examination
2.
During booking, which of the following typically occurs?
A) the arrestee meets the judge to learn of charges
B) the defendant makes a plea about guilt or innocence
C) fingerprints of the suspect are taken
3.
The trial of People v. Chupacabra involved allegations that the defendant killed many goats in a local community. The first trial ended with a hung jury. What happens next?
A) the defendant is free to go; retrying the case would be double jeopardy
B) the defendant is sentenced; a hung jury is a jury that finds the defendant guilty
C) the defendant is free to go; however, the case might be retried at a later time
D) the defendant is free to go; a hung jury is a jury that finds the defendant not guilty
4.
In a felony case, whose choice is it to have the case heard by a judge without a jury?
A) the defendant’s
B) the jury’s
C) the prosecutor’s
D) the judge’s
5.
Gertrude is the mother of the defendant in a murder trial. Would she be allowed to serve on the jury in the case?
A) Yes.
B) No.
6.
Jury deliberations are typically __________________.
A) done in a local bar
B) private
C) public
7.
A witness testifies at trial that while his roommate was sleeping, the roommate said, “Yes, I killed George, but he deserved it.” George was a murder victim in the area; police have other evidence to suggest that the roommate killed George. Can the witness testify about the statements in court?
A) Yes, it was an out-of court statement.
B) No, it is an act of perjury.
C) Yes, it is a dying declaration, which is an exception to the hearsay rule.
D) Yes, it was a spontaneous statement and is an exception to the hearsay rule.
E) No, it is hearsay and would not be allowed.
8.
At trial, a witness says, “I heard from my friend Jethro who heard from Bianca who heard from Smithers who heard from some guy at a café that this guy killed my friend.” This would likely not be allowed, as it is ________________.
A) a false statement
B) mere speculation
C) hearsay
D) biased
9.
True or False: A motion for a new trial is based on discovery of new evidence after a trial has been completed and a defendant found guilty.
A) False
B) True
10.
True or False: The defense must prove that the defendant is innocent of charges in order to avoid a conviction.
A) True
B) False
11.
Which of the following amendments is not one from which the rights of a defendant are derived?
A) Fourteenth
B) First
C) Fifth
D) Ninth
E) Sixth
12.
True or False: In some states, a judge can express their own views to the jury about the credibility of evidence or witnesses.
A) False
B) True
13.
When the defense files a motion to ask the court to view all evidence the prosecution intends to present, this is called a motion for ____________.
A) discovery
B) summary judgment
C) continuance
D) habeas corpus
E) relief
14.
Who do the primary plea negotiations typically occur between?
A) judge and prosecutor
B) prosecutor and defense attorney
C) defendant and judge
15.
Is it common for new evidence to be presented during closing statements?
A) Yes
B) No
16.
True or False: If a jury finds a defendant not guilty of a crime, the prosecution is allowed to try the case a second time in front of a different jury.
A) False
B) True
17.
Information having a tendency to clear a person of guilty or blame is called ______________.
A) real evidence
B) a mitigating factor
C) reasonable doubt
D) exculpatory evidence
E) perjury
18.
A ____________________ jury would be isolated from the public during the course of the trial and throughout the deliberation process.
A) sequestered
B) biased
C) contentious
D) protected
E) hung
19.
Voluntary recusal concerns a defendant’s right to _____________________.
A) an impartial jury
B) face an accuser
C) an impartial judge
D) remain silent
20.
When the jury disregards the judge’s instructions, it is referred to as _______________.
A) a hung jury
B) jury nullification
C) sticking it to the man
D) contempt of court
Which of the following is an example of confrontation?
A) voluntary recusal
B) voir dire
C) subpoena of witnesses
D) cross-examination
2.
During booking, which of the following typically occurs?
A) the arrestee meets the judge to learn of charges
B) the defendant makes a plea about guilt or innocence
C) fingerprints of the suspect are taken
3.
The trial of People v. Chupacabra involved allegations that the defendant killed many goats in a local community. The first trial ended with a hung jury. What happens next?
A) the defendant is free to go; retrying the case would be double jeopardy
B) the defendant is sentenced; a hung jury is a jury that finds the defendant guilty
C) the defendant is free to go; however, the case might be retried at a later time
D) the defendant is free to go; a hung jury is a jury that finds the defendant not guilty
4.
In a felony case, whose choice is it to have the case heard by a judge without a jury?
A) the defendant’s
B) the jury’s
C) the prosecutor’s
D) the judge’s
5.
Gertrude is the mother of the defendant in a murder trial. Would she be allowed to serve on the jury in the case?
A) Yes.
B) No.
6.
Jury deliberations are typically __________________.
A) done in a local bar
B) private
C) public
7.
A witness testifies at trial that while his roommate was sleeping, the roommate said, “Yes, I killed George, but he deserved it.” George was a murder victim in the area; police have other evidence to suggest that the roommate killed George. Can the witness testify about the statements in court?
A) Yes, it was an out-of court statement.
B) No, it is an act of perjury.
C) Yes, it is a dying declaration, which is an exception to the hearsay rule.
D) Yes, it was a spontaneous statement and is an exception to the hearsay rule.
E) No, it is hearsay and would not be allowed.
8.
At trial, a witness says, “I heard from my friend Jethro who heard from Bianca who heard from Smithers who heard from some guy at a café that this guy killed my friend.” This would likely not be allowed, as it is ________________.
A) a false statement
B) mere speculation
C) hearsay
D) biased
9.
True or False: A motion for a new trial is based on discovery of new evidence after a trial has been completed and a defendant found guilty.
A) False
B) True
10.
True or False: The defense must prove that the defendant is innocent of charges in order to avoid a conviction.
A) True
B) False
11.
Which of the following amendments is not one from which the rights of a defendant are derived?
A) Fourteenth
B) First
C) Fifth
D) Ninth
E) Sixth
12.
True or False: In some states, a judge can express their own views to the jury about the credibility of evidence or witnesses.
A) False
B) True
13.
When the defense files a motion to ask the court to view all evidence the prosecution intends to present, this is called a motion for ____________.
A) discovery
B) summary judgment
C) continuance
D) habeas corpus
E) relief
14.
Who do the primary plea negotiations typically occur between?
A) judge and prosecutor
B) prosecutor and defense attorney
C) defendant and judge
15.
Is it common for new evidence to be presented during closing statements?
A) Yes
B) No
16.
True or False: If a jury finds a defendant not guilty of a crime, the prosecution is allowed to try the case a second time in front of a different jury.
A) False
B) True
17.
Information having a tendency to clear a person of guilty or blame is called ______________.
A) real evidence
B) a mitigating factor
C) reasonable doubt
D) exculpatory evidence
E) perjury
18.
A ____________________ jury would be isolated from the public during the course of the trial and throughout the deliberation process.
A) sequestered
B) biased
C) contentious
D) protected
E) hung
19.
Voluntary recusal concerns a defendant’s right to _____________________.
A) an impartial jury
B) face an accuser
C) an impartial judge
D) remain silent
20.
When the jury disregards the judge’s instructions, it is referred to as _______________.
A) a hung jury
B) jury nullification
C) sticking it to the man
D) contempt of court