Deck 2: The Trial Process

Question 1

A defendant can absolutely waive his right to counsel if the judge believes he is knowingly waiving that right.

Answer 1

True

Question 2

The prosecutor must prove a majority of the elements of a charged offense beyond a reasonable doubt.

Answer 2

False

Question 3

Leading questions usually occur during cross-examination.

Answer 3

True

Question 4

The judge will accept a non-unanimous verdict reached by a jury of twelve.

Question 5

A prosecutor does not have to present all available physical evidence.

Question 6

Alternate jurors deliberate with the jurors on the panel,but do not participate in rendering the final verdict.

Question 7

A bench trial is the same as a court trial.

Question 8

A judge will decide which criminal charges should be prosecuted and which should not.

Question 9

Historically,a judge would notify the jury of its power to nullify.

Question 10

A fine is the only punishment for being held in criminal contempt.

Question 11

If the penalty for a crime is less than one year,an accused is not entitled to a jury.

Question 12

In a criminal trial,the amount of evidence the prosecution must present in order to get a conviction is a preponderance of the evidence.

Question 13

The judge will ultimately decide whether a witness is credible or not.

Question 14

The jury that finds a defendant is guilty will also determine his or her punishment.

Question 15

Venire is a pool of available jurors sent to a courtroom.

Question 16

Any evidence that goes to prove the innocence of an accused is known as inculpatory evidence.

Question 17

A potential juror may be excused from voir dire for no articulable reason.

Question 18

The defense attorney may ask for an acquittal following the prosecutor's opening statement,the prosecutor's case-in-chief,or after the defense attorney's case-in-chief.

Question 19

The prima facie case rules out the possibility that anybody other than the defendant committed the crime.

Question 20

The prosecutor is not at all limited as to the order of witnesses called to testify.

Question 21

Jeopardy attaches when:

A)The defendant is arrested.
B)The prosecution files a complaint against the defendant.
C)The judge or magistrate finds that there is probable cause for a trial.
D)The jury acquits the defendant.

Question 22

A police officer usually helps gather evidence before any trial,but rarely testifies as a witness in cases not involving serious crimes,such as murder.

Question 23

Who can waive a jury trial in a criminal case?

A)The defendant alone.
B)The defendant and the prosecution.
C)The judge.
D)No one,because a jury trial cannot be waived.

Question 24

How many peremptory challenges can a prosecutor make in a non-capital case?

A)usually 6-10
B)usually 6-12
C)no more than 12
D)There is no limit.

Question 25

Which of the following is not a requirement to be a juror?

A)being a citizen of the United States
B)being a resident of the jurisdiction where the trial is taking place
C)being a registered voter
D)having the ability to speak and understand English

Question 26

If a witness's answer is stricken from the record,the answer does not appear in the court reporter's record.

Question 27

The jury never imposes a sentence; that job belongs solely to the judge.

Question 28

Rebuttal evidence is presented only by the defense.

Question 29

Jurors must have the use of his or her natural faculties (sight,hearing,speech)and people with disabilities involving those faculties are not permitted in any state to sit on juries,even with assistance.

Question 30

Proof beyond a reasonable doubt:

A)is the highest level of proof required by American law.
B)means proof beyond all doubt.
C)means a preponderance of the evidence.
D)equals 50+% of the evidence in one's favor.

Question 31

Which of the following is the proper order of final arguments?

A)prosecution,defense,prosecution.
B)prosecution,defense.
C)prosecution,defense,prosecution,defense.
D)defense,prosecution,defense.

Question 32

During redirect examination,an attorney may not bring up an issue that has not already been discussed.

Question 33

The judge prepares jury instructions.

Question 34

Who can make a challenge for cause?

A)the judge
B)the prosecution
C)the defense
D)any of the above

Question 35

The level of proof a prosecutor needs to show to formally charge a suspect is a preponderance of the evidence.

Question 36

A police officer should expect a rigorous direct examination and cross-examination.

Question 37

Juries are rarely sequestered for an entire trial.

Question 38

The Sixth Amendment to the United States specifies the minimum number of jurors as:

A)12
B)6-12
C)12 or less
D)There is no set number.

Question 39

An attorney can make a groundless objection.

Question 40

A hung jury only results when six jurors find the defendant guilty and six jurors find the defendant not guilty.

Question 41

List three activities a police officer will likely engage in prior to the trial.

Question 42

Which of the following is not a function of a judge?

A)To interpret the law for the jury.
B)To impose sentence upon the defendant if he or she is convicted.
C)To assist in the presentation of the case for the prosecution.
D)To ensure the defendant gets a fair trial.

Question 43

What is the police officer's role in helping the prosecutor prepare for trial?

Question 44

When are jury instructions not given?

A)At the beginning of the trial.
B)Before closing arguments.
C)After closing arguments.
D)During jury deliberations.

Question 45

Which of the following is not a proper order for questioning a government witness?

A)prosecution,defense,prosecution,defense
B)prosecution,defense,prosecution
C)prosecution,defense,prosecution,defense,prosecution
D)defense,prosecution,defense

Question 46

Which of the following is not needed to qualify a witness to testify?

A)Personal knowledge of a particular fact or set of facts.
B)Ability to effectively communicate the fact(s)known.
C)Comprehension of the oath given before taking the witness stand.
D)Personal knowledge of the defendant's actions regarding the crime charged.

Question 47

List the six qualifications for being a juror.

Question 48

What is the main function of an opening statement? Contrast with a closing argument.

Question 49

Which of the following is not a duty of the defense attorney?

A)Conduct pre-trial investigations.
B)Verify probable cause existed to seize the defendant.
C)Cross-examine witnesses.
D)Discover physical evidence to prove his or her client's innocence.

Question 50

What amount of proof is necessary in a criminal trial? In a civil trial?

Question 51

When the defense introduces evidence to rebut properly introduced evidence by the prosecution as part of the prosecution's rebuttal of the defense,this is called:

A)Rebuttal
B)Surrebuttal
C)Affirmative defense
D)Re-Cross

Question 52

The phrase "stricken from the record" means:

A)The offending question or answer is actually removed from the court reporter's record
B)Merely that the offending question or answer is not acceptable by the court
C)The trial must be stopped and started anew with alternate jurors
D)No cross-examination of the offending witness shall be allowed

Question 53

What could a witness do that could lead to a mistrial?

Question 54

A lawyer should not typically ask questions that may lead to the following type of response from a witness:

A)Yes-or-no type of an answer.
B)Longer narratives,assuming the witness is particularly knowledgeable.
C)Brief answers in about one sentence.
D)Name of an individual.

Question 55

Which of the following is the proper order of a trial?

A)prosecutor's opening statements,defense attorney's opening statements,prosecutor's case-in-chief,defendant's case-in-chief
B)prosecutor's opening statements,prosecutor's case-in-chief,prosecutor's closing argument,defense attorney's opening statements,defense attorney's case-in-chief,defense attorney's closing argument
C)prosecutor's opening statements,defense attorney's opening statements,defense attorney's case-in-chief,prosecutor's case-in-chief
D)defense attorney's opening statements,defense attorney's case-in-chief,defense attorney's closing argument,prosecutor's opening statements,prosecutor's case-in-chief,prosecutor's closing argument

Question 56

United States citizen
2.resident of the state where the trial is taking place
3.18 years or older
4.sound mind
5.possession of natural faculties
6.ability to read or speak English

Question 57

State the basic purpose of a trial.

Question 58

Who is the least likely person to read a police officer's daily log?

A)the judge
B)the jury
C)the prosecutor or the defense attorney
D)a lay witness

Question 59

Briefly explain the process of voir dire.

Question 60

Collect physical evidence.
2.Interview witnesses.
3.Discuss the case in detail with the prosecutor.

Question 61

What is the role of an alternate juror?

Question 62

List 3 reasons why a defense attorney may want to cross-examine a witness.
A.Shake the witness,making him or her appear less credible to the jury;
B.Make the witness appear as though he or she is untruthful about his or her testimony on direct examination,or he or she is prejudiced against the defendant,making him or her less trustworthy to the jury; and
C.Confuse the witness into giving conflicting statements,thereby showing the jury that his or her testimony cannot be believed.

Question 63

What is the practical effect of the recent U.S.Supreme Court's decisions such as Blakely v.Washington and U.S.v Booker regarding sentencing guidelines and procedure?

Question 64

Provide an example of jury nullification.

Question 65

In recent cases,the U.S.Supreme Court has adopted the principle that the Sixth Amendment right to a trial by jury requires certain facts,in addition to the finding of guilt,must be found by the jury,not the judge.Name the holding of at least one recent case.