Deck 14: Trial Rights, procedure, tasks

Question 1

Questions that can be answered by a simple yes or no are best for voir dire.

Answer 1

False

Question 2

The Constitution requires jury verdicts to be unanimous.

Answer 2

False

Question 3

The venire is the final jury panel that will decide the verdict.

Answer 3

False

Question 4

Allowing a child witness to testify out of the presence of the defendant is always unconstitutional.

Question 5

It is not necessary for the defense to present any evidence.

Question 6

A motion for judgment notwithstanding the verdict asks the judge to overrule a guilty verdict.

Question 7

A petty offense is one that

A)is so minor that charges are not filed
B)has a maximum penalty of one year in jail
C)has only a fine as a penalty
D)does not require a jury trial

Question 8

A chart showing the organizational structure of a continuing criminal enterprise is an example of demonstrative evidence.

Question 9

Wording of jury instructions is set by law.

Question 10

Jurors may be removed by challenge for cause if they will automatically vote either for or against the death penalty.

Question 11

Material evidence is physical evidence,such as a gun or a letter.

Question 12

Leading questions may be used for cross examination.

Question 13

Misconduct by the defense attorney may result in a mistrial.

Question 14

The defense may wait to present its opening statement until after the prosecution presents its evidence.

Question 15

The right of a defendant to be present at trial is based on procedural due process.

Question 16

The Sixth Amendment provides the right to subpoena witnesses.

Question 17

Article III of the Constitution establishes the right to a jury trial.

Question 18

Federal criminal trials may be televised.

Question 19

Hearsay testimony of a dying declaration is usually admissible.

Question 20

The makeup of the courtroom audience has nothing to do with the defendant's right to a fair trial.

Question 21

Having a defendant in shackles at trial is

A)a violation of the presumption of innocence
B)a provision of Federal Rules of Criminal Procedure 26
C)a violation of the Second Amendment
D)a good strategy for the defense to gain the sympathy of the jury

Question 22

In resolving the clash between freedom of the press and the right to a fair trial,a judge may do all except

A)prevent a witness from discussing the case in public
B)isolate the jury
C)forbid the press from publishing information about the case
D)restrain the conduct of members of the press in the courtroom

Question 23

Grounds for mistrial or appeal that arise during jury deliberations include all except

A)a juror's illness,reducing the panel to 11 jurors
B)a sensational tabloid story about the crime brought into the jury room by a juror
C)alternate jurors participating in the decision-making process,raising the number on the panel to 14
D)during recess,a member of the prosecution team commenting to a juror on the attractiveness of the juror's clothing

Question 24

Evidence may be authenticated by

A)the judge
B)the bailiff
C)the attorney who presents it
D)a witness who has the knowledge to identify it

Question 25

Juries may find a person not guilty,contrary to law and evidence,through

A)jury instruction
B)an Allen charge
C)mistrial
D)jury nullification

Question 26

Which is an example of a leading question?

A)You had been smoking marijuana that evening,hadn't you,Mr.McIntire?
B)What time did you go to work that evening,Ms.Rude?
C)How many guests did you invite to your party,Ms.Stroud?
D)Did your husband say that he wanted to keep the ring in the family when he gave it to you,Ms.Cordoba?

Question 27

Which of the following is in correct chronological order?

A)direct examination,redirect,cross examination,recross
B)cross examination,direct examination,redirect,recross
C)direct examination,cross examination,redirect,recross
D)direct examination,cross examination,recross,redirect

Question 28

Rebuttal witnesses are used to

A)introduce new evidence after the defense has presented its case
B)introduce new evidence after the prosecution has presented its case
C)counter new matter raised by the prosecution
D)counter new matter raised by the defense

Question 29

Jury selection is an important time for both defense and prosecution to do all except

A)make a good first impression
B)obtain information by speaking with jurors during breaks
C)educate the jury on points of law
D)disarm the opponent's arguments

Question 30

The court in Crawford v.Washington (2004)ruled that prior testimony of an unavailable witness may

A)not be read into the record at trial
B)be read at trial if the witness was subject to cross examination when the testimony was given
C)be read at trial if it meets indices of reliability
D)be given as police testimony

Question 31

What are two problems involving media coverage of trials? Can you think of two advantages of media coverage of trials?

Question 32

Necessary documents and materials needed at trial are organized in the

A)case file
B)trial notebook
C)system folder
D)attorney's notes

Question 33

The choice of jury instructions involves all except

A)proposals by the defense
B)proposals by the victim
C)decision by the judge
D)supporting evidence

Question 34

You can help focus juror attention on demonstrative evidence by

A)placing the most important information in the middle
B)using movement
C)using lots of repetition
D)keeping graphics to simple black and white

Question 35

The right to counsel is guaranteed in

A)the Fourth Amendment
B)the Magna Carta
C)the Sixth Amendment
D)the Eighth Amendment

Question 36

Batson v.Kentucky (1986)

A)ruled unconstitutional the use of peremptory challenges to exclude a juror on the basis of race
B)ruled unconstitutional the use of peremptory challenges to exclude a juror on the basis of gender
C)ruled that jurors may not be removed by challenge for cause if they have general scruples against capital punishment
D)ruled that the venire must be a "fair cross-section" of the community

Question 37

A witness's testimony that the defendant's car was parked at the scene of the crime is an example of

A)direct evidence
B)circumstantial evidence
C)rebuttable presumption
D)irrebuttable presumption

Question 38

During the trial,the paralegal should be prepared to

A)conduct voir dire
B)question witnesses
C)offer testimony
D)record the use of exhibits

Question 39

The prosecution presents its case in chiefly through

A)the opening statement
B)direct examination of witnesses
C)cross examination of witnesses
D)leading questions to witnesses

Question 40

Admissibility of scientific evidence can be based on all except

A)how famous the expert witness is
B)validity of principles used in tests
C)acceptance of methodology by the scientific community
D)the decision in Daubert v.Merrell Dow Pharmaceuticals,Inc.

Question 41

What is the importance of the right to confrontation?

Question 42

List five sources of information about prospective jurors.

Question 43

What are some problems in dealing with child witnesses?

Question 44

List four areas of inquiry regarding scientific and technical evidence.