Question 1

Discovery of exculpatory evidence:

Accepted Answer

A) is exclusively governed by local statute. 
B) is within the discretion of the trial judge. 
C) is constitutionally mandated in some situations. 
D) is a matter of negotiation between prosecution and defense. 
A) is exclusively governed by local statute. 
B) is within the discretion of the trial judge. 
C) is constitutionally mandated in some situations. 
D) is a matter of negotiation between prosecution and defense. C

Question 2

Statutes of limitations govern:

Accepted Answer

A) the time between commission of a crime and the initiation of the prosecution. 
B) the time between arrest and setting bail. 
C) the time between arrest and trial. 
D) the time between commission of a crime and the conclusion of the trial. 
A) the time between commission of a crime and the initiation of the prosecution. 
B) the time between arrest and setting bail. 
C) the time between arrest and trial. 
D) the time between commission of a crime and the conclusion of the trial. A

Question 3

Which of the following is a list of the four factors Barker v.Wingo applied to determine speedy trial considerations?

Accepted Answer

A) Seriousness of offense, length of delay, evidence against the defendant, and state statutes 
B) Length of delay, reason for delay, whether the defendant requested a speedy trial, and prejudice caused by any delay 
C) Length of delay, reason for delay, seriousness of the offense, and whether the defendant is incarcerated 
D) Whether the defendant is incarcerated, evidence against the defendant, length of delay, and seriousness of the offense 
A) Seriousness of offense, length of delay, evidence against the defendant, and state statutes 
B) Length of delay, reason for delay, whether the defendant requested a speedy trial, and prejudice caused by any delay 
C) Length of delay, reason for delay, seriousness of the offense, and whether the defendant is incarcerated 
D) Whether the defendant is incarcerated, evidence against the defendant, length of delay, and seriousness of the offense B

Question 4

Venue is:

Accepted Answer

A) the place where the trial is held. 
B) the place where the offense occurred. 
C) the place where the victim resides. 
D) the judge's hometown. 
A) the place where the trial is held. 
B) the place where the offense occurred. 
C) the place where the victim resides. 
D) the judge's hometown.

Question 5

In determining whether to grant a change of venue, courts consider:

Accepted Answer

A) the extent of pretrial publicity. 
B) the gravity of the charged offense. 
C) the weight of the evidence. 
D) the interests of the victim. 
A) the extent of pretrial publicity. 
B) the gravity of the charged offense. 
C) the weight of the evidence. 
D) the interests of the victim.

Question 6

The right to a speedy trial protects which of the following interests?

Accepted Answer

A) Accurate fact-finding 
B) Efficiency, economy, and speed 
C) Both a and b 
D) Neither a nor b 
A) Accurate fact-finding 
B) Efficiency, economy, and speed 
C) Both a and b 
D) Neither a nor b

Question 7

The right to a public trial encompasses:

Accepted Answer

A) a defendant's personal right to a public trial. 
B) the press's and the public's right of access to trials. 
C) most pretrial proceedings. 
D) all of the above. 
A) a defendant's personal right to a public trial. 
B) the press's and the public's right of access to trials. 
C) most pretrial proceedings. 
D) all of the above.

Question 8

At what point during a nonjury (bench) trial does jeopardy attach?

Accepted Answer

A) Once a verdict is announced 
B) When opening arguments are made 
C) When the judge takes the bench 
D) When the first witness is sworn 
A) Once a verdict is announced 
B) When opening arguments are made 
C) When the judge takes the bench 
D) When the first witness is sworn

Question 9

Double jeopardy:

Accepted Answer

A) applies only to federal courts. 
B) applies only to state courts. 
C) applies to both federal and state courts. 
D) applies only to felony prosecutions. 
A) applies only to federal courts. 
B) applies only to state courts. 
C) applies to both federal and state courts. 
D) applies only to felony prosecutions.

Question 10

Double jeopardy does not bar a second trial if:

Accepted Answer

A) there was error at the first trial. 
B) the defendant was not acquitted at the first trial. 
C) the defense moved for a mistrial at the first trial. 
D) there is newly discovered evidence of defendant's guilt. 
A) there was error at the first trial. 
B) the defendant was not acquitted at the first trial. 
C) the defense moved for a mistrial at the first trial. 
D) there is newly discovered evidence of defendant's guilt.

Question 11

A motion to sever offenses:

Accepted Answer

A) asks that all defendants receive a separate trial. 
B) asks for separate trials for separate offenses. 
C) asks that all punishment be served concurrently. 
D) asks for a change of venue. 
A) asks that all defendants receive a separate trial. 
B) asks for separate trials for separate offenses. 
C) asks that all punishment be served concurrently. 
D) asks for a change of venue.

Question 12

As a part of pretrial discovery, the prosecution is often required to disclose:

Accepted Answer

A) the defendant's prior criminal record. 
B) scientific tests conducted by police. 
C) the defendant's prior statements. 
D) all of the above. 
A) the defendant's prior criminal record. 
B) scientific tests conducted by police. 
C) the defendant's prior statements. 
D) all of the above.

Question 13

The "separate sovereigns" doctrine permits multiple punishments:

Accepted Answer

A) if imposed by federal and state governments. 
B) if imposed by state and municipal governments. 
C) if imposed in separate criminal and civil trials. 
D) if imposed for contempt of court. 
A) if imposed by federal and state governments. 
B) if imposed by state and municipal governments. 
C) if imposed in separate criminal and civil trials. 
D) if imposed for contempt of court.

Question 14

The remedy for a violation of a defendant's constitutional speedy trial right is:

Accepted Answer

A) a dismissal of the charge without prejudice to the prosecutor's ability to refile the same charge. 
B) the defendant is granted pretrial release. 
C) the charge is dismissed and the defendant goes free. 
D) the prosecution must open its files for inspection by the defense. 
A) a dismissal of the charge without prejudice to the prosecutor's ability to refile the same charge. 
B) the defendant is granted pretrial release. 
C) the charge is dismissed and the defendant goes free. 
D) the prosecution must open its files for inspection by the defense.

Discovery of exculpatory evidence:

Statutes of limitations govern:

Which of the following is a list of the four factors Barker v.Wingo applied to determine speedy trial considerations?

Venue is:

In determining whether to grant a change of venue, courts consider:

The right to a speedy trial protects which of the following interests?

The right to a public trial encompasses:

At what point during a nonjury (bench) trial does jeopardy attach?

Double jeopardy:

Double jeopardy does not bar a second trial if:

A motion to sever offenses:

As a part of pretrial discovery, the prosecution is often required to disclose:

The "separate sovereigns" doctrine permits multiple punishments:

The remedy for a violation of a defendant's constitutional speedy trial right is:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Trial

Verdict, Punishment, and Judicial Review

Filters

Exam 14: Pretrial Motions

Discovery of exculpatory evidence:

Statutes of limitations govern:

Which of the following is a list of the four factors Barker v.Wingo applied to determine speedy trial considerations?

Venue is:

In determining whether to grant a change of venue, courts consider:

The right to a speedy trial protects which of the following interests?

The right to a public trial encompasses:

At what point during a nonjury (bench) trial does jeopardy attach?

Double jeopardy:

Double jeopardy does not bar a second trial if:

A motion to sever offenses:

As a part of pretrial discovery, the prosecution is often required to disclose:

The "separate sovereigns" doctrine permits multiple punishments:

The remedy for a violation of a defendant's constitutional speedy trial right is:

Defining and Proving Crimes

Essential Elements of Crimes

Parties to a Crime and Inchoate Offenses

Defenses

Crimes Against a Person

Crimes Against Property and Habitation

Crimes Against Public Order and Public Morality

Introduction to Procedure and the Right to Counsel

Seizures of a Person and Identification Procedures

Search and Seizure of Property

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

Interrogation and Self-Incrimination

Preliminary Stages of the Prosecution

Trial

Verdict, Punishment, and Judicial Review

Filters