1. Which statement concerning Sixth Amendment rights to a speedy trial is most accurate?
a.
The Sixth Amendment right to a speedy trial covers the process both before and after a suspect has
been formally accused.
b.
The Sixth Amendment right to a speedy trial covers the process after a suspect is formally accused, but not
before a suspect is formally accused.
c.
The Sixth Amendment right to a speedy trial covers the process before a suspect is formally accused, but not
after a suspect is formally accused.
d.
The Sixth Amendment is applicable to federal cases, but not state cases.
b
The Right to a Speedy and Public Trial
CPCJ.FERD.16.15.1
2. The primary mechanism through which confrontation is achieved to satisfy the Sixth Amendment requirement is
_____.
a.
b.
c.
d.
The Right to Confrontation of Witnesses
CPCJ.FERD.16.15.2
3. The Compulsory Process Clause guarantees the defendant’s right to compel the attendance of favorable witnesses at
trial. To compel a person to appear by using a summons, the person to be summoned must be within the _____.
a.
United States, a U.S. territory, or in a nation with an existing treaty with the United States
b.
United States or a territory of the United States
c.
United States
d.
geographical area subject to a court’s subpoena power
d
Guarantee of Compulsory Process
CPCJ.FERD.16.15.6
4. A prosecutor locates a material witness to support her case. During the trial when the prosecutor questions this witness
the questioning is _____.
a.
cross-examination
b.
rebuttal examination
c.
direct examination
d.
re-cross examination
Order of Presentation at Trial
CPCJ.FERD.16.15.6
5. The Daubert case suggested several factors (that are neither exhaustive nor applicable to every case) that might be used
in evaluating whether a particular scientific theory, study, or test is both valid and reliable. Which is not one of the factors
identified by the case?
a.
It is generally accepted in the relevant scientific community.
b.
It has a known or potential rate of error that is acceptably low.
c.
It involves a person employed by a college or university.
d.
It is empirically testable and capable of replication.
Rules of Evidence
6. Some states use sentencing guidelines to determine a criminal sentence. These guidelines are generally legislatively
created presumptions in the form of a spreadsheet based on offense seriousness and prior record. What term is applied
when a judge does not sentence in accordance with the presumed sentence?
a.
sentencing anomaly
b.
determinate sentence
c.
indeterminate sentence
d.
sentencing departure
7. Select the false statement about the appeal process.
a.
Filing an appeal involves the filing of a notice of appeal, the designation of the parts of the trial record to be
considered on appeal, the filing of a statement of points on appeal, the filing of briefs, and the arguing of the
briefs before an appellate court.
b.
An appeal by the prosecution of adverse rulings is made before the jury hears the case or in cases in which the
defendant has appealed and won.
c.
If a defendant does not have the funds to appeal a conviction, the state will not provide these resources; thus,
the person cannot appeal.
d.
A defendant has a right to appeal after being convicted of a crime and after the trial judge has decided all post-
trial motions and entered final judgment in the case.
Remedies after Conviction
8. When an appellate court reviews questions of fact resolved by a lower court, when can the appellate court disturb the
decision of the lower court?
a.
only if the lower court applied the correct law and still made a mistake
b.
only after providing deference to the lower court and finding plain error
c.
only after conducting a de novo review and finding clear error
d.
only after providing deference to the lower court and finding clear error
Remedies after Conviction
9. State prisoners are permitted to file for federal habeas corpus relief _____.
a.
at any time after conviction is entered as a final judgment
b.
only after exhausting all available state remedies
c.
at any time after the start of the trial
d.
only in situations that involve the Fourth Amendment
b
Habeas Corpus
CPCJ.FERD.16.15.11
10. In Barker v. Wingo (1972) the U.S. Supreme Court identified four factors that courts should assess in determining
whether a particular defendant has been deprived of the right to a speedy trial. Which of the following most accurately
states the factors?
a.
length of delay, reason for the delay, whether the delay was inadvertent, and prejudice to the defendant
b.
length of delay, whether the delay was inadvertent, defendant assertion of the right, and prejudice to the
defendant
c.
whether the delay was inadvertent, reason for the delay, defendant assertion of the right, and prejudice to the
defendant
d.
length of delay, reason for the delay, defendant assertion of the right, and prejudice to the defendant
d
The Right to a Speedy and Public Trial
CPCJ.FERD.16.15.1
11. The Supreme Court has ruled that hearsay evidence poses no confrontation clause problem so long as two conditions
are met. What are these conditions?
a.
the out-of-court declarant is “unavailable” to testify at trial and there are multiple witnesses prepared to testify
that the statement was made
b.
the out-of-court declarant is “unavailable” to testify at trial and the statement can be empirically tested for
reliability
c.
the out-of-court declarant is deceased and the statement has “some indicia of reliability”
d.
the out-of-court declarant is “unavailable” to testify at trial and the statement has “some indicia of reliability.”
d
Rules of Evidence
CPCJ.FERD.16.15.7
12. _____ evidence is evidence tending to prove the same point as evidence already offered, and is generally disallowed
because it does little more than contribute to inefficiency.
a.
Repetitious
b.
Cumulative
c.
Skipping
d.
Suppressed
b
Rules of Evidence
CPCJ.FERD.16.15.7
13. A motion for _____ basically asks the judge to dismiss the case because no reasonable jury could find the defendant
guilty beyond a reasonable doubt in light of the insufficient evidence presented by the prosecution.
a.
a new trial
b.
judgment of acquittal
c.
a judgment notwithstanding the verdict
d.
revision or correction of sentence
b
Post-Trial Motions
14. Privileged communications protect confidential discussions in certain relationships in which we want to foster open,
honest communications. The law usually recognizes all the following privileged relationships except which of the
following?
a.
attorney and client
b.
clergy-member and penitent
c.
siblings (brothers/sisters)
d.
lawfully-married spouses
Rules of Evidence
CPCJ.FERD.16.15.7
15. Select the true statement regarding federal sentencing guidelines.
a.
They are mandatory in all federal cases.
b.
They are advisory in all federal cases.
c.
They are mandatory in federal felony cases, but advisory in federal misdemeanor cases.
d.
They are mandatory in cases where a judge resolved a question of fact.
b
Sentencing
16. During a criminal trial, a mistake is made that potentially prejudices the defendant. The defendant’s attorney failed to
make a timely objection. What does this mean?
a.
The defendant will not, under any circumstances, be able to raise the point on appeal.
b.
The defendant will be able to raise the point on appeal because an error was made.
c.
The defendant will only be able to raise the issue on appeal if permission is granted by the prosecutor and the
appellate judge.
d.
The defendant will only be able to raise the point on appeal if the mistake made is a “plain” or “prejudicial”
error.
Remedies after Conviction
KEYWORDS:
17. An inmate is housed in a state prison for committing a state offense. The inmate has noticed that the conditions of his
confinement are quickly deteriorating. The state is placing more than two inmates in a cell, the state is cutting back on
rehabilitative and wellness programs, and there have been a number of recent occasions when he was verbally and
physically abused by prison staff. If the inmate desires a remedy to these conditions, he might (s)he file?
a.
a civil action under 42 U.S.C. § 1983.
b.
a habeas corpus action.
c.
an appeal.
d.
a motion to have his sentence reviewed.
ANSWER:
Remedies after Conviction
LEARNING OBJECTIVES:
18. According to Baldwin v. New York, 399 U.S. 66, 69 (1970), in which of the following situations does a defendant has
a right to trial by jury under the Sixth Amendment?
a.
in all criminal prosecutions
b.
in prosecutions for offenses for which an imprisonment penalty is a possibility
c.
in all prosecutions for which the possible penalty is 6 months or more imprisonment
d.
in all prosecutions including juvenile court proceedings
ANSWER:
Trial Procedure
LEARNING OBJECTIVES:
19. What is the process of questioning jurors to determine if they are prejudiced regarding a particular case called?
a.
voir dire
b.
venire
c.
challenge for cause
d.
peremptory challenge
ANSWER:
REFERENCES:
Trial Procedure
CPCJ.FERD.16.15.6
KEYWORDS:
20. If a prospective juror, from watching television news, admits during examination that he has already formed an
opinion that the defendant is not guilty, how should that juror be treated?
a.
considered fit for service
b.
peremptorily challenged
c.
challenged for cause
d.
polled
ANSWER:
REFERENCES:
Jury Selection
CPCJ.FERD.16.15.6
KEYWORDS:
21. An inmate is housed in a state prison for the crime of murder. He has exhausted all of his appeals and state remedies.
The primary assertion that the inmate wants to advance to a court is his claim of innocence, but he has no violation of the
U.S. Constitution to claim. Which statement about the inmate’s likelihood of success in filing a habeas corpus claim is
most accurate?
a.
The inmate can succeed in a habeas corpus claim if a state law has been violated.
b.
The inmate cannot succeed in a habeas corpus claim unless a state law has been violated.
c.
The inmate cannot succeed in filing a habeas corpus claim.
d.
The inmate cannot succeed in a habeas corpus claim because no search and seizure law has been violated.
Remedies after Conviction
22. What was the primary reason the U.S. Congress passed the Sentencing Reform Act of 1984?
a.
to prevent states from implementing indeterminate sentencing
b.
to address concerns over disparate sentencing
c.
to enact the federal three-strikes law
d.
to implement mandatory sentencing for the crime of treason
23. Generally, to obtain an appellate court review of an issue, the appealing party (appellant) must preserve its claim by
making a specific timely objection at or before trial. What is this rule commonly known as?
a.
plain error rule
b.
contemporaneous objection rule
c.
harmless error rule
d.
final judgment rule
Remedies after Conviction
24. The appellate court may affirm the conviction of a defendant, even if there was trial error. The conviction will be
upheld if the court finds that there was error which had little likelihood of changing the result of the trial. What is this rule
commonly known as?
a.
plain error rule
b.
contemporaneous objection rule
c.
harmless error rule
d.
final judgment rule
Remedies after Conviction
25. In criminal trials, a unanimous verdict is only required if a petit jury is comprised of how many persons?
a.
five people or fewer
b.
six people or fewer
c.
nine people or fewer
d.
twelve people or fewer
b
Trial Procedure
CPCJ.FERD.16.15.6
26. Select the true statement about evidence used in criminal trials.
a.
Hearsay is firsthand evidence or evidence that has some sort of tangible support.
b.
Most witnesses are permitted to give their opinions above and beyond those that are rationally based on their
own common perceptions.
c.
Even relevant evidence may be inadmissible if its use could prejudice, confuse, or mislead the jury.
d.
Evidence may be relevant and admissible even if it does not tend to prove or disprove any material fact in
dispute.
Rules of Evidence
CPCJ.FERD.16.15.7
27. The prosecutor’s reexamination of the prosecution’s witness in order to rehabilitate him or her in the eyes of the jury
is known as _____.
a.
recross-examination
b.
cross-examination
c.
redirect examination
d.
direct examination
Order of Presentation at Trial
CPCJ.FERD.16.15.6
28. Who is typically responsible for preparing the presentence investigation report?
a.
police officers
b.
court officers
c.
the defense attorney
d.
probation officers
d
Sentencing
CPCJ.FERD.16.15.8
29. Which of the following is not a criterion to be viewed competent to serve as a witness in a criminal trial?
a.
capable of understanding the duty to tell the truth
b.
personal knowledge of the matter about which he or she is testifying
c.
capable of understanding and speaking the English language
d.
capable of expressing himself or herself so as to be understood by the jury
Rules of Evidence
CPCJ.FERD.16.15.7
30. Which of the following is not a true statement about the venire?
a.
Federal law and the law of most states require that no citizen be excluded from service as a juror on account
certain factors like race and sex.
b.
The venire must be a perfect mirror of the community or accurately [reflect] the proportionate strength of
every identifiable group.
c.
The venire is supposed to be representative of society as a whole.
d.
The prospective jurors who are summoned comprise the venire.
b
Jury Selection
CPCJ.FERD.16.15.4
31. The best evidence rule means that to prove the content of a writing, recording, or photograph, the original is generally
required since copies are too easily altered.
a.
True
b.
False
True
Rules of Evidence
CPCJ.FERD.16.15.7
32. Evidence is relevant if it shows the existence of any fact that is of consequence to the determination of the action by
making that fact more probable or less probable than it would be without the evidence.
a.
True
b.
False
True
Rules of Evidence
CPCJ.FERD.16.15.7
33. Out-of-court statements are testimonial—and, therefore, are subject to the Confrontation Clause.
a.
True
b.
False
False
The Right to Confrontation of Witnesses
CPCJ.FERD.16.15.2
34. Peremptory challenges are limited in number, but challenges for cause are not.
a.
True
b.
False
True
Jury Selection
CPCJ.FERD.16.15.4
35. Petit juries are normally comprised of twelve people, although petit juries as small as six people may be
constitutionally permissible.
a.
True
b.
False
True
Jury Selection
CPCJ.FERD.16.15.4
36. The prosecution is not permitted to introduce additional evidence after the defense has closed its case-in–chief.
a.
True
b.
False
False
Order of Presentation at Trial
CPCJ.FERD.16.15.6
37. In some situations, the defense counsel could elect to wait until the prosecutor has presented the government’s
evidence before giving an opening statement, thereby concealing the defense strategy until the government has disclosed
its case.
a.
True
b.
False
True
Order of Presentation at Trial
CPCJ.FERD.16.15.6
38. The approach to sentencing that permits the judge to tailor the sentence to each offender, with the goal of changing the
offender’s behavior, is called determinate sentencing.
a.
True
b.
False
False
Sentencing
CPCJ.FERD.16.15.8
39. Appellate determinations of either plain error or prejudicial error normally result in a conviction being overturned.
a.
True
b.
False
True
Remedies after Conviction
CPCJ.FERD.16.15.9
40. Prisoners in state custody who allege that certain errors of a constitutional magnitude were not corrected on appeal
may file a petition for a writ of habeas corpus in federal district court.
a.
True
b.
False
Remedies after Conviction
41. __________ require that prosecution commence within a specified period of time from the date of the alleged
commission of the offense.
Statutes of limitations
CPCJ.FERD.16.15.1
42. The judge provides guidance to the jury after the closing arguments have been made. The judge may summarize the
evidence for the jury members, help them recall details, and attempt to reduce complicated evidence into its simplest
elements. This information is referred to as __________.
jury instructions
Order of Presentation at Trial
43. The term __________ refers to a body of persons, selected and sworn according to law, to inquire into certain matters
of fact and to render a verdict or true answer based on evidence presented before it.
petit jury
CPCJ.FERD.16.15.6
44. The strictness (or level of deference) with which an appellate court will review the actions of a lower court is called
__________.
Remedies after Conviction
45. The final, authoritative determination or decision of a court upon a matter within its jurisdiction is called __________.
Sentencing
CPCJ.FERD.16.15.6
46. Certain types of delay are not counted toward the time periods specified in the Speedy Trial Act. These delays that are
not counted are called __________.
47. The prosecutor’s failure to disclose evidence which would show the defendant to be not guilty is a violation of the
__________.
48. In appellate review of the decisions of courts of original jurisdiction, the __________ standard of review grants no
deference to the lower court.
49. A __________ is issued to a person accused of a crime to compel attendance at a criminal proceeding.
50. There are two major forms of relief for a defendant after being convicted of a crime: __________ and __________.
51. Explain how the right to a speedy trial depends on whether a formal accusation has been made.
52. Describe the sequence of events that take place at trial. Begin with the opening statement and end at the point that the
jury reads the verdict.
53. Explain the difference between determinate and indeterminate sentencing.
54. Write a brief paragraph describing what takes place during voir dire.
55. Explain the differences between a subpoena and a summons.
56. Identify and describe three different rules of evidence.
57. Name three things that a prosecutor or defense attorney may strike a juror for.
58. Name and describe the three common post-trial motions that are often made by the defense following a conviction.
59. Explain the differences between an appeal, a habeas corpus filing, and a civil action under § 1983.
60. Describe the difference between a standard of review for clear error and a de novo standard of review.