Deck 16: Verdict, Punishment, and Judicial Review

Question 1

Motions to set aside the verdict are made:

A)to the trial court.
B)only to appellate courts.
C)only on state habeas corpus.
D)only on federal habeas corpus.

Answer 1

A

Question 2

At the sentencing stage, procedural safeguards for convicted offenders:

A)are less than at the trial.
B)are greater than at the trial.
C)are the same as at the trial.
D)are eliminated because the Constitution no longer applies.

Answer 2

A

Question 3

The concept of jury nullification recognizes that:

A)the judge must inform the jury that it is not bound by the judge's instructions on the law.
B)the judge may nullify an acquittal if evidence of guilt is established beyond a reasonable doubt.
C)the judge may punish the jury for disregarding the law.
D)the judge is powerless to alter a verdict of acquittal.

Answer 3

D

Question 4

During closing arguments, the prosecution may not comment on:

A)the weakness of the defendant's case.
B)the strength of the prosecution's case.
C)the defendant's failure to testify.
D)inferences to be drawn from the evidence.

Question 5

The rule that a conviction need not be overturned if an error did not affect the outcome is called:

A)the harmless error rule.
B)the reversible error rule.
C)the plain error rule.
D)the habeas corpus review rule.

Question 6

An appellate court will:

A)reverse upon finding any trial error.
B)not reverse for errors of counsel.
C)not reverse for good faith errors by the judge.
D)not reverse for errors not affecting the accuracy of the trial court's findings.

Question 7

Which of the following are improper during closing arguments?

A)Misstating the evidence
B)Referring to suppressed evidence
C)Inflaming juror passions
D)All of the above

Question 8

A habeas corpus proceeding:

A)challenges the lawfulness of the defendant's confinement.
B)challenges any fine imposed by the court.
C)challenges the trial judge's evidentiary rulings.
D)challenges the appropriateness of the sentence.

Question 9

A habeas corpus proceeding is:

A)a continuation of the trial.
B)a civil action.
C)a new criminal proceeding.
D)an administrative hearing.

Question 10

The harmless error doctrine recognizes:

A)no error is harmless when a defendant's liberty is at stake.
B)an error is harmless if it does not undermine the accuracy of the court's finding of guilt.
C)an error is harmless if not raised until habeas corpus review.
D)no constitutional error can ever be harmless.

Question 11

Errors during trial that do not affect the outcome of the case are called:

A)reversible errors.
B)expungible errors.
C)harmless errors.
D)prejudicial errors.

Question 12

When the jury returns a verdict, that verdict:

A)may be impeached by any evidence of jury misconduct.
B)may be impeached in most situations only by evidence of some outside influence upon the jury.
C)may be impeached by any juror's affidavit.
D)may be impeached by a majority of the jury.

Question 13

If a defendant is convicted at a retrial, the sentence at the second trial must be:

A)the same as the sentence at the first trial.
B)less than the sentence at the first trial.
C)greater or lesser according to the judge's discretion.
D)greater or lesser if the sentencing judge has additional information not available at the first trial.

Question 14

With regard to closing arguments:

A)either side can enter new evidence overlooked during trial.
B)only the defense can introduce new evidence.
C)only the prosecution can offer evidence in rebuttal.
D)counsel may summarize the evidence, but cannot introduce additional evidence.