Exam 15: Criminal Trials, Appeals, and Postconviction Remedies

The prosecutor's reexamination of the prosecution's witness in order to rehabilitate him or her in the eyes of the jury is known as _____.

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(Multiple Choice)

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Question 1

Correct Answer:

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Write a brief paragraph describing what takes place during voir dire.

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(Essay)

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Question 2

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Voir dire is the process in which potential jurors are questioned by the judge and/or attorneys to determine their suitability to serve on a jury for a particular case. During voir dire, the judge and attorneys ask the potential jurors a series of questions to assess their ability to be fair and impartial, as well as to uncover any biases or prejudices that may affect their ability to serve on the jury. The goal of voir dire is to select a jury that will be able to fairly and impartially decide the case based on the evidence presented. After the questioning, the judge and attorneys will then select the final jury members from the pool of potential jurors.

What was the primary reason the U.S. Congress passed the Sentencing Reform Act of 1984?

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Question 3

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Identify and describe three different rules of evidence.

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Question 4

Out-of-court statements are testimonial-and, therefore, are subject to the Confrontation Clause.

(True/False)

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Question 5

Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?

(Multiple Choice)

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Question 6

Generally, to obtain an appellate court review of an issue, the appealing party (appellant) must preserve its claim by making a specific timely objection at or before trial. What is this rule commonly known as?

(Multiple Choice)

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Question 7

Evidence is relevant if it shows the existence of any fact that is of consequence to the determination of the action by making that fact more probable or less probable than it would be without the evidence.

(True/False)

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Question 8

Name three things that a prosecutor or defense attorney may strike a juror for.

(Short Answer)

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Question 9

Who is typically responsible for preparing the presentence investigation report?

(Multiple Choice)

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Question 10

In Barker v. Wingo (1972) the U.S. Supreme Court identified four factors that courts should assess in determining whether a particular defendant has been deprived of the right to a speedy trial. Which of the following most accurately states the factors?

(Multiple Choice)

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Question 11

According to Baldwin v. New York, 399 U.S. 66, 69 (1970), in which of the following situations does a defendant has a right to trial by jury under the Sixth Amendment?

(Multiple Choice)

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Question 12

Name and describe the three common post-trial motions that are often made by the defense following a conviction.

(Essay)

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Question 13

An inmate is housed in a state prison for the crime of murder. He has exhausted all of his appeals and state remedies. The primary assertion that the inmate wants to advance to a court is his claim of innocence, but he has no violation of the U.S. Constitution to claim. Which statement about the inmate's likelihood of success in filing a habeas corpus claim is most accurate?

(Multiple Choice)

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Question 14

The strictness (or level of deference) with which an appellate court will review the actions of a lower court is called __________.

(Short Answer)

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Question 15

Which statement concerning Sixth Amendment rights to a speedy trial is most accurate?

(Multiple Choice)

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Question 16

What is the process of questioning jurors to determine if they are prejudiced regarding a particular case called?

(Multiple Choice)

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Question 17

Describe the difference between a standard of review for clear error and a de novo standard of review.

(Essay)

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Question 18

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the __________.

(Short Answer)

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Question 19

The term __________ refers to a body of persons, selected and sworn according to law, to inquire into certain matters of fact and to render a verdict or true answer based on evidence presented before it.

(Short Answer)

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Question 20

Showing 1 - 20 of 60

The prosecutor's reexamination of the prosecution's witness in order to rehabilitate him or her in the eyes of the jury is known as _____.

Write a brief paragraph describing what takes place during voir dire.

What was the primary reason the U.S. Congress passed the Sentencing Reform Act of 1984?

Identify and describe three different rules of evidence.

Out-of-court statements are testimonial-and, therefore, are subject to the Confrontation Clause.

Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?

Generally, to obtain an appellate court review of an issue, the appealing party (appellant) must preserve its claim by making a specific timely objection at or before trial. What is this rule commonly known as?

Evidence is relevant if it shows the existence of any fact that is of consequence to the determination of the action by making that fact more probable or less probable than it would be without the evidence.

Name three things that a prosecutor or defense attorney may strike a juror for.

Who is typically responsible for preparing the presentence investigation report?

In Barker v. Wingo (1972) the U.S. Supreme Court identified four factors that courts should assess in determining whether a particular defendant has been deprived of the right to a speedy trial. Which of the following most accurately states the factors?

According to Baldwin v. New York, 399 U.S. 66, 69 (1970), in which of the following situations does a defendant has a right to trial by jury under the Sixth Amendment?

Name and describe the three common post-trial motions that are often made by the defense following a conviction.

The strictness (or level of deference) with which an appellate court will review the actions of a lower court is called __________.

Which statement concerning Sixth Amendment rights to a speedy trial is most accurate?

What is the process of questioning jurors to determine if they are prejudiced regarding a particular case called?

Describe the difference between a standard of review for clear error and a de novo standard of review.

The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the __________.

The term __________ refers to a body of persons, selected and sworn according to law, to inquire into certain matters of fact and to render a verdict or true answer based on evidence presented before it.

Individual Rights Under the United States Constitution

Criminal Courts, Pretrial Processes, and the Exclusionary Rule

Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness

Criminal Investigatory Search Warrants

Searches for Electronically Stored Information and Electronic Surveillance

Administrative and Special Needs Searches

Arrests, Searches Incident to Arrest, and Protective Sweeps

Stops and Frisks

Consent Searches

The Plain View Doctrine and Special Needs Searches

Search and Seizure of Vehicles and Containers

Open Fields and Abandoned Property

Interrogations, Admissions, and Confessions

Pretrial Visual Identification Procedures

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