Kanovitz, Constitutional Law for Criminal Justice, 14th Edition
Multiple-Choice Examination and True/False Questions
Chapter 9: Trial and Punishment
Multiple-Choice Questions
1. Protection against double jeopardy is provided in the:
a. Fourth Amendment
b. Fifth Amendment
c. Sixth Amendment
d. Eighth Amendment
2. In order to have double jeopardy protection against a second prosecution:
a. the first trial must end in acquittal
b. both prosecutions must involve a felony
c. both prosecutions must be brought by the same government entity for the same offense
d. all of the above.
3. The accused is placed in jeopardy (i.e., jeopardy attaches) when:
a. he or she is indicted
b. he or she is arraigned and enters a plea to the indictment
c. the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony
d. the jury returns a verdict
4. Notwithstanding the attachment of jeopardy, the accused can be retried for the same offense
if the first trial ends without a verdict due to:
a. the death of a juror
b. the inability of jurors to reach a verdict
c. a request made by the defense
d. any of the above reasons
5. Double jeopardy does not apply if the following takes place:
a. the defendant successfully appeals a conviction
b. the defendant is acquitted based on perjured testimony
c. a prosecution witness takes the Fifth Amendment without notifying the prosecutor in
advance
d. for any of the above reasons
6. The Sixth Amendment is the source for which of the following combination of safeguards?
a. the right to confront adverse witnesses, the right to a public trial, and the right to a jury trial
b. the right to a speedy trial, the right to a public trial, and protection against cruel and unusual
punishment
c. the right to a speedy trial, the right to a public trial, and the prosecutor’s Brady duty to
disclose favorable evidence to the defense
d. the right to a jury trial, the right to an impartial trial, and protection against cruel and
unusual punishment
7. The federal constitutional right to a speedy trial attaches when the:
a. crime is committed
b. authorities have enough evidence to satisfy the probable cause standard for making an
arrest
c. prosecution is initiated
d. jury is empanelled and sworn
8. All the following are relevant in evaluating whether an accused has been denied the right to a
speedy trial, except for:
a. the police were dilatory in conducting the investigation and making an arrest
b. the accused was incarcerated while awaiting trial
c. an important defense witness died during a lengthy delay
d. the defendant made a timely assertion of his right to a speedy trial
9. The right to a public trial is guaranteed by which of the following amendments?
a. Fifth Amendment
b. Sixth Amendment
c. Seventh Amendment
d. Eighth Amendment
10. The federal constitutional right to a public trial does not apply to:
a. petty offenses (i.e., those punishable by six months’ or less incarceration)
b. grand jury proceedings
c. trials involving sexual abuse of minors
d. any of the above
11. The right to confront adverse witnesses:
a. is guaranteed by the Fifth Amendment
b. is the source of the prosecutor’s Brady disclosure duty
c. does not apply to petty offenses (i.e., those punishable by six months or less incarceration)
d. guarantees the defendant the right to cross-examine prosecution witnesses who testify
against him or her at trial
12. There are several constitutionally acceptable precautions that trial judges can take to protect
jurors in high-profile cases from being exposed to prejudicial news accounts. These
precautions include:
a. ordering the prosecutor, defense attorney, and witnesses to refrain from making
extrajudicial comments about specified aspects of the case
b. barring media representatives from attending the trial
c. ordering media representatives to refrain from publishing stories about the case
d. sequestering media representatives while the trial is in progress
13. The American Bar Association has established a set of guidelines governing the pretrial release
of information about pending criminal cases (ABA Standards on Fair Trial and Free Press).
The ABA guidelines recommend that police officers refrain from making public comments
about which of the following?
a. a defendant’s prior criminal record
b. the outcome of examinations or laboratory tests
c. the defendant’s refusal to make a statement
d. all of the above
14. Another name for the trial jury is the:
a. petit jury
b. jury venire
c. grand jury
d. voir dire
15. The trial jury, as it evolved at common law, possessed all but which of the following
characteristics?
a. The jury had 12 members.
b. All jurors had to be older than 30.
c. The jurors listened to testimony given under oath in open court.
d. The verdict had to be unanimous.
16. The Supreme Court has ruled that the federal constitutional right to trial by jury does not apply
to:
a. sentencing proceedings
b. military proceedings
c. petty offenses carrying a maximum punishment of no more than six months’ incarceration
d. any of the above
17. Which of the following would violate the constitutional right to trial by jury when the trial is
brought in a state court?
a. trying a defendant before a jury panel from which women have been systematically
excluded
b. trying a defendant before a 9-person jury
c. authorizing a conviction by a less-than-unanimous verdict
d. none of the above
18. Prior to trial, the defendant’s counsel requested production of the results of any tests run on
fingerprints found on the murder weapon. The prosecutor advised the defense that no tests had
been run. In which of the following cases would the defendant be entitled to a reversal of his
or her conviction?
a. Tests were performed and established that the fingerprints on the gun did not belong to
the defendant, but prosecutor was unaware of this fact because the police crime lab did
not forward the report to her.
b. Police mishandled the gun, negligently destroying the fingerprints.
c. Police lost the murder weapon before tests were run.
d. all of the above
19. The prohibition against cruel and unusual punishment is contained in the:
a. Fifth Amendment
b. Sixth Amendment
c. Eighth Amendment
d. Fourteenth Amendment
20. Assume that the legislature is thinking about changing the penalty for rape of a child under the
age of 5. Which of the following penalties would involve cruel and unusual punishment?
a. death penalty
b. castration
c. 20 years in prison, in chains, with no visitation
d. all of the above
21. The Supreme Court has devised a number of procedural requirements that must be satisfied
before the death penalty may be imposed. These requirements include all of the following,
except for:
a. The sentencer must be given discretion to withhold the death penalty and show mercy when
mercy is justified.
b. The sentencer must be provided with clear, concrete, and objective criteria to guide
sentencing discretion.
c. The sentencer must be permitted to hear all relevant mitigating evidence that might induce
him or her to show mercy.
d. The death penalty may not be imposed on offenders who have not committed at least three
other violent crimes.
22. The Supreme Court has ruled that the death penalty may not be imposed on:
a. mentally retarded offenders
b. offenders younger than 17 years of age at the time of the crime
c. first-time offenders
d. any of the above