Deck 14: Pretrial Motions

Question 1

The "separate sovereigns" doctrine permits multiple punishments:

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.

Answer 1

A

Question 2

Discovery of exculpatory evidence:

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.

Answer 2

C

Question 3

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

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

Answer 3

D

Question 4

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

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.

Question 5

A motion to sever offenses:

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 6

The right to a public trial encompasses:

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 7

Double jeopardy:

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 8

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

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

Question 9

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

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 10

Double jeopardy does not bar a second trial if:

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

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

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 12

Venue is:

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 13

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

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

Question 14

Statutes of limitations govern:

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.