Exam 8: Pretrial Procedures and the Criminal Trial
The Sixth Amendment specifies what the time limits are for a speedy trial.
False
Discuss requirements toserve on a jury and the process of jury selection in a criminal case. Next, please describe the ways that attorneys may challenge persons from serving on the jury.
oThe main goal of jury selection is toproduce a representative cross-section of the population of that jurisdiction. In general, potential jurors must be citizens of the United States and must be over eighteen years of age. They must not have been convicted of a felony.
oThey must be healthy enough tofunction in a jury setting. other requirements include that they are intelligent enough tounderstand the issues of a trial and be able toread, write, and comprehend English.
oThe jury pool is made up of eligible jurors in the community. From the eligible jurors, a venire needs tobe established, which is composed of all those notified that they have been selected for jury duty. They must report tothe courthouse. Through the process of voir dire , potential jurors are questioned and asked toprovide the court with personal information. Voir dire is the chance for each lawyer tospeak with individual jurors.oDuring voir dire , attorneys from each side may exercise a number of challenges toprevent specific people from serving on the jury. There are twotypes of challenges. These are challenges for cause and peremptory challenges.
oWhen an attorney feels that a potential juror is unfit toserve, the attorney can exercise a challenge for cause and request that the person not be included on the jury. The attorney must provide a sound, legally justifiable reason why this juror is unfit. Some examples as towhy a juror is unfit toserve are mental incompetency, he or she does not understand English, and he or she is linked toone of the parties in the case. Challenges for cause are unlimited.
o Attorneys may alsouse peremptory challenges. These challenges donot require any supporting reason or cause. These types of challenges are limited and based solely on the attorney's subjective reasoning. Each state sets their own limits as tothe number of peremptory challenges each side may use.
Defendants have the right toeffective representation during plea negotiations.
True
The Supreme Court held that the__________________must occur "promptly," typically within forty-eight hours of booking.
The_______________________is a kind of "road map" that describes the destination each attorney is trying toreach.
Identify and explain the five steps of the appeals process for a criminal trial.
At the_____, the defendant is informed of the charges and must respond by pleading guilty or not guilty.
What type of trial is conducted without a jury, in which a judge makes the determination of the defendant's guilt or innocence?
A judicial order that commands a correctional official tobring a prisoner before a federal court sothat the court can hear the person's claim that he or she is being held illegally is:
Which of the following is true regarding the concept of double jeopardy?
Which amendment states that noperson "shall be compelled in any criminal case tobe a witness against himself"?
Identify and discuss the basic constitutional protections enjoyed by criminal defendants in the United States.
The preliminary questions that the trial attorneys ask prospective jurors todetermine whether they are biased or have any connection with the defendant or witness is referred toas:
_______________is verbal evidence given by witnesses under oath.
Legislative time limits that require prosecutors tocharge a defendant with a crime within a certain amount of time after the illegal act took place are called:
If unable topost bail with cash or property, a defendant may arrange for a(n)_____________________________topost a bail bond on the defendant's behalf.
The plea bargain allows the defendant a measure of control over his or her fate.
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