Question 1

During discovery, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty. .

Accepted Answer

A) True 
 B)False

Question 2

Which of the following requests would be considered at a suppression hearing?

Accepted Answer

A)  Dismiss charge because prosecution presented insufficient evidence to meet its burden of proof at the preliminary hearing 
B)  Quash a subpoena to testify at trial 
C)  Have evidence declared inadmissible because of a Fourth Amendment violation 
D)  All of these are considered at suppression hearings 
A)  Dismiss charge because prosecution presented insufficient evidence to meet its burden of proof at the preliminary hearing 
B)  Quash a subpoena to testify at trial 
C)  Have evidence declared inadmissible because of a Fourth Amendment violation 
D)  All of these are considered at suppression hearings

Question 3

Opening statements are not evidence in the trial.

Accepted Answer

A) True 
 B)False

Question 4

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony told Mark that Sandy would be impeached if she took the witness stand. Why would Anthony say this?

Accepted Answer

A)  Sandy may be biased because she is the defendant's sister 
B)  Sandy is a federal judge 
C)  Sandy is a minor 
D)  Sandy has never testified at a trial before 
A)  Sandy may be biased because she is the defendant's sister 
B)  Sandy is a federal judge 
C)  Sandy is a minor 
D)  Sandy has never testified at a trial before

Question 5

Bail will be denied if the judge rules that the defendant should be "held to answer" at the end of the preliminary hearing.

Accepted Answer

A) True 
 B)False

Question 6

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. All the evidence has been presented and the jury has been deliberating for days. The prosecutor asked the judge to declare a mistrial because of a hung jury. Why would a mistrial benefit the prosecution?

Accepted Answer

A)  The judge will enter a conviction but reduce Matt's sentence 
B)  The prosecution can re-file the charges 
C)  The jury will return to the courtroom and the prosecution can present additional evidence 
D)  It will not benefit the prosecution because double jeopardy will prevent the prosecution from re-filing the charges 
A)  The judge will enter a conviction but reduce Matt's sentence 
B)  The prosecution can re-file the charges 
C)  The jury will return to the courtroom and the prosecution can present additional evidence 
D)  It will not benefit the prosecution because double jeopardy will prevent the prosecution from re-filing the charges

Question 7

To "lay the foundation" for the admission of a gun the police believe is the murder weapon, the prosecution must:

Accepted Answer

A)  call expert witnesses to establish the DNA on the gun matches the defendant's DNA. 
B)  call expert witnesses to establish that the a bullet fired by this gun killed the victim. 
C)  call lay witnesses to establish where the gun was found and what has been done with it since the police found it. 
D)  all of these 
A)  call expert witnesses to establish the DNA on the gun matches the defendant's DNA. 
B)  call expert witnesses to establish that the a bullet fired by this gun killed the victim. 
C)  call lay witnesses to establish where the gun was found and what has been done with it since the police found it. 
D)  all of these

Question 8

Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Carl, a criminal defense attorney hired by Eric, has filed a discovery motion. Which of the following items is the prosecution required to give Carl during discovery based on the U. S. Supreme Court case of Brady v. Maryland ?

Accepted Answer

A)  All of the evidence obtained by the police 
B)  Only evidence that the prosecution intends to introduce at trial 
C)  All evidence that would help Carl prove that Eric is innocent 
D)  Nothing - Brady held that there is no constitutional right to discovery 
A)  All of the evidence obtained by the police 
B)  Only evidence that the prosecution intends to introduce at trial 
C)  All evidence that would help Carl prove that Eric is innocent 
D)  Nothing - Brady held that there is no constitutional right to discovery

Question 9

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony suggested that they call character witnesses to support Mark's claim of self-defense. Who should they call?

Accepted Answer

A)  Mark's best friend 
B)  A psychologist who did an evaluation of Mark 
C)  A bartender who has seen Victor aggressively start numerous fights 
D)  No one - the defense is not allowed to call character witnesses 
A)  Mark's best friend 
B)  A psychologist who did an evaluation of Mark 
C)  A bartender who has seen Victor aggressively start numerous fights 
D)  No one - the defense is not allowed to call character witnesses

Question 10

Donald, a defense attorney, has been hired to represent Robert who is charged with robbery. Robert has an extensive criminal record and does not want to go to trial. Robert confessed to the police but hopes that Donald can prevent the confession being admitted at trial. Donald filed a motion to suppress Robert's confession. When is the court most likely to consider this motion?

Accepted Answer

A)  Before the arraignment 
B)  At the preliminary hearing 
C)  At a pre-trial hearing held for the specific purpose of considering  suppression motions 
D)  The judge will consider the motion after the officer testifies at trial about the procedures he used to obtained the confession 
A)  Before the arraignment 
B)  At the preliminary hearing 
C)  At a pre-trial hearing held for the specific purpose of considering  suppression motions 
D)  The judge will consider the motion after the officer testifies at trial about the procedures he used to obtained the confession

Question 11

The criminal complaint is filed by the prosecution to start the criminal court proceedings.

Accepted Answer

A) True 
 B)False

Question 12

A judge can impose a sentence that is longer than the base sentence established by the legislature:

Accepted Answer

A)  judge is allowed to use his/her discretion and do this in all cases 
B)  only if the jury found the facts used to determine the longer sentence were true 
C)  whenever state legislation gives the judge the authority to do so 
D)  never 
A)  judge is allowed to use his/her discretion and do this in all cases 
B)  only if the jury found the facts used to determine the longer sentence were true 
C)  whenever state legislation gives the judge the authority to do so 
D)  never

Question 13

Due Process mandates unanimous verdicts in criminal trials.

Accepted Answer

A) True 
 B)False

Question 14

During the prosecution's case in chief:

Accepted Answer

A)  the prosecutor conducts direct examination of all witnesses. 
B)  the defense has the right to cross examine all prosecution witnesses. 
C)  prosecution must establish guilt for each crime beyond a reasonable doubt. 
D)  all of these 
A)  the prosecutor conducts direct examination of all witnesses. 
B)  the defense has the right to cross examine all prosecution witnesses. 
C)  prosecution must establish guilt for each crime beyond a reasonable doubt. 
D)  all of these

Question 15

If a jury is unable to "reach a verdict," it is referred to as a "hung jury."

Accepted Answer

A) True 
 B)False

Question 16

Peremptory challenges are used during jury selection for:

Accepted Answer

A)  removing a potential juror who has admitted his/her mind is already made up. 
B)  dismiss a potential juror who cannot serve on the jury due to financial hardship. 
C)  remove a potential juror who the attorney subjectively believe is likely to vote for the opposing side. 
D)  peremptory challenges are not used in criminal cases because the Supreme Court ruled that they are unconstitutional. 
A)  removing a potential juror who has admitted his/her mind is already made up. 
B)  dismiss a potential juror who cannot serve on the jury due to financial hardship. 
C)  remove a potential juror who the attorney subjectively believe is likely to vote for the opposing side. 
D)  peremptory challenges are not used in criminal cases because the Supreme Court ruled that they are unconstitutional.

Question 17

The complaint must state:

Accepted Answer

A)  crimes the defendant is alleged to have committed. 
B)  where the alleged crime was committed. 
C)  when the alleged crime was committed. 
D)  All of these. 
A)  crimes the defendant is alleged to have committed. 
B)  where the alleged crime was committed. 
C)  when the alleged crime was committed. 
D)  All of these.

Question 18

An attorney will use re-direct examination to:

Accepted Answer

A)  ask questions that he/she forgot to ask during direct examination. 
B)  impeach a witness. 
C)  conduct voir dire of an expert witness. 
D)  rehabilitate a witness. 
A)  ask questions that he/she forgot to ask during direct examination. 
B)  impeach a witness. 
C)  conduct voir dire of an expert witness. 
D)  rehabilitate a witness.

Question 19

If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.

Accepted Answer

A) True 
 B)False

Question 20

Jury deliberations: How do jurors know what law to apply? What are jurors instructed to do during deliberations? When are deliberations terminated?

Accepted Answer

The judge gives the jury instructions pr

During discovery, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty. .

Which of the following requests would be considered at a suppression hearing?

Opening statements are not evidence in the trial.

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony told Mark that Sandy would be impeached if she took the witness stand. Why would Anthony say this?

Bail will be denied if the judge rules that the defendant should be "held to answer" at the end of the preliminary hearing.

To "lay the foundation" for the admission of a gun the police believe is the murder weapon, the prosecution must:

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony suggested that they call character witnesses to support Mark's claim of self-defense. Who should they call?

The criminal complaint is filed by the prosecution to start the criminal court proceedings.

A judge can impose a sentence that is longer than the base sentence established by the legislature:

Due Process mandates unanimous verdicts in criminal trials.

During the prosecution's case in chief:

If a jury is unable to "reach a verdict," it is referred to as a "hung jury."

Peremptory challenges are used during jury selection for:

The complaint must state:

An attorney will use re-direct examination to:

If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.

Jury deliberations: How do jurors know what law to apply? What are jurors instructed to do during deliberations? When are deliberations terminated?

Introduction

The Role of the Courts

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters

Exam 3: The Adjudication Process

During discovery, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty. .

Which of the following requests would be considered at a suppression hearing?

Opening statements are not evidence in the trial.

Mark is on trial for murder of Victor and has hired Anthony, an attorney, to represent him. He claims he acted in self-defense. Mark's sister Sandy was present when the crime occurred. Anthony told Mark that Sandy would be impeached if she took the witness stand. Why would Anthony say this?

Bail will be denied if the judge rules that the defendant should be "held to answer" at the end of the preliminary hearing.

To "lay the foundation" for the admission of a gun the police believe is the murder weapon, the prosecution must:

The criminal complaint is filed by the prosecution to start the criminal court proceedings.

A judge can impose a sentence that is longer than the base sentence established by the legislature:

Due Process mandates unanimous verdicts in criminal trials.

During the prosecution's case in chief:

If a jury is unable to "reach a verdict," it is referred to as a "hung jury."

Peremptory challenges are used during jury selection for:

The complaint must state:

An attorney will use re-direct examination to:

If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.

Jury deliberations: How do jurors know what law to apply? What are jurors instructed to do during deliberations? When are deliberations terminated?

Introduction

The Role of the Courts

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Hearsay and Its Exceptions

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters