Deck 7: Sixth Amendment Issues

Question 1

The right to speedy trial requires a trial immediately upon return of indictment.

Answer 1

False

Question 2

The right to a speedy trial is relative dependent upon surrounding circumstances.

Answer 2

True

Question 3

A state has does not have a duty to bring to trial accused who is incarcerated by federal or state authorities beyond the state's territorial jurisdiction.

Answer 3

False

Question 4

Most states do not have a statutory speedy trial statute.

Question 5

The statutory right to a speedy trial under the federal Speedy Trail Act is not as flexible as the constitutional right.

Question 6

Historically secret tribunals have been effective instruments of oppression.

Question 7

The right to public trial is absolute in sense that a defendant has a right to have any person present during course of trial.

Question 8

An accused has a right to have the criminal proceeding closed to public.

Question 9

The constitutional guarantee of public trial does not apply to that portion devoted to selection of jury and hearings on motions presented by each party.

Question 10

There is no Sixth Amendment right to public trial in for criminal contempt proceedings.

Question 11

A defendant has the right to refuse a jury trial and demand trial by judge alone.

Question 12

A defendant has the right to a jury trial in all state criminal cases.

Question 13

If only one juror is improperly influenced, defendant in criminal case is denied his Sixth Amendment right to impartial jury.

Question 14

For accused to establish denial of his right to impartial jury, he must show either actual juror partiality or circumstances inherently prejudicial to that right.

Question 15

A jury panel may be challenged on grounds that it over-represents, rather than excludes, certain economic groups in community.

Question 16

In what case did the Supreme Court hold that the prohibition against racial and ethnic discrimination applied also to the selection of individual jurors and that a prosecutor or defense counsel could not use his or her preemptory challenges to exclude members of one racial group.

A) Batson v. Kentucky
B) Barker v Wingo
C) Burch v Louisiana
D) McKeiver v Pennsylvania

Question 17

If a state criminal defendant is tried for an offense for which he or she could receive more than ___ months confinement, then the defendant has a right to a jury trial.

A) three
B) six
C) nine
D) twelve

Question 18

In which of the below trial proceeding is there constitutional right to a jury trial?

A) civil in rem forfeiture proceeding involving forfeiture of real property
B) denaturalization proceeding
C) minor traffic offense
D) petty theft trial in federal court

Question 19

The minimum number of jurors required under the Supreme Court decisions for a state criminal trial involving theft of an automobile (grand theft) is

A) six.
B) nine.
C) ten.
D) twelve.

Question 20

The trial judge should excuse a potential juror for cause under which of the below circumstances?

A) The member stated that she would not cast her vote as juror in way that would lead to death penalty.
B) The member stated that he did not believe in the death penalty but would follow the judge's instructions on punishment.
C) The member stated that she was a retired cop.
D) The member stated that he worked in the state prison.

Question 21

In attempting to get the jury to reach a verdict, the trial judge may NOT

A) attempts to persuade the jury to reach a verdict.
B) refuses to discharge jury and urge them to reach a verdict because of the long duration of the trial.
C) instructs the jurors that apparently some of members of jury had forgotten their oaths.
D) The trial judge may legally take any of the above actions.

Question 22

A trial judge would commit error if she made which of the below statements to a defendant in a criminal trial?

A) If he demands a jury trial, his fine will include the jury costs.
B) He should not plead guilty if there is any doubt in his mind regarding the charge.
C) He should not plead guilty unless he understands the maximum punishment.
D) He does not have the right to demand a trial by judge alone in a serious case.

Question 23

Which of the below statements is NOT correct regarding venue?

A) Venue refers to the geographical location of the trial.
B) A defendant may not waive venue.
C) Sixth Amendment right of accused to be tried in the district in which crime was committed does not apply to states.
D) All the above statements are correct.

Question 24

Which of the below statements is NOT correct?

A) A criminal defendant did not have Sixth Amendment right, upon his arrest, to be informed of reasons for arrest.
B) The Sixth Amendment makes definiteness element of every crime, which must be proved.
C) Right to be informed of nature and cause of accusation is substantial and cannot be denied.
D) Constitutional defect in indictment or information is cured by a verdict of guilty.

Question 25

Which of the below statements is NOT correct?

A) The right to confront one's accusers is a concept that dates to Roman times.
B) The procedural guarantee of the right to confront witness applies to both federal and state prosecutions.
C) The right to confrontation does not include the right to cross-examination the witness.
D) All the above statements are correct.

Question 26

What are the protections provided an accused by the Sixth Amendment?

Question 27

Which of the Sixth Amendment rights are not applied to the states by the Fourteenth Amendment?

Question 28

What factors does a court consider in determining whether the accused received a speedy trial?

Question 29

Under what circumstances does an accused have a right to a jury trial in state courts? In federal courts?

Question 30

If a prosecutor uses all his or her preemptory challenges to exclude women from the jury and the defense objects, what is required of the prosecutor to exclude those jurors?