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Exam 13: The Courtroom: The Pretrial and Trial Process

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Question 1

Multiple Choice

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Should a defendant fear he/she may not be able to obtain a fair trial due to extensive media coverage, he/she would likely file a motion for _____.

A) a change of representation
B) a change on venue
C) discovery
D) suppression of evidence

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Question 2

Multiple Choice

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A grand jury indictment is required to possess all but which of the following?

A) The essential legal elements of the crime
B) Defendant's criminal intent
C) Defendant's criminal acts
D) Exculpatory evidence

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Question 3

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The preliminary hearing and grand jury indictment are two of the earliest phases of a criminal trial. What occurs during these phases and how are they the same or different from one another?

Which of the following is not a standard form of plea bargain?

Of the proposed methods for responding to an unruly defendant in Illinois v. Allen, which did the Supreme Court state should be used as a last resort for fear of prejudicing the jury against the defendant?

The purpose of a jury trial is to use community members to check the power of judges and prosecutors.

In which case did the U.S. Supreme Court hold that potential jurors cannot be peremptorily removed "solely on account of their race"?

Which of the following rights is not found in the Sixth Amendment?

In a clear case of jury nullification, how may a judge respond to correct it?

After the prosecution has questioned a witness for the prosecution, the defense may question the witness. This second questioning is referred to as _____.

In a criminal trial, just as the prosecution must establish guilt, the defense is required to establish innocence.

Should a prosecutor's peremptory challenges be challenged by the defense, the defense must first demonstrate how the prosecutor's actions are discriminatory by certain factors.

The remedy for a violation of the right to a speedy trial is which of the following?

Should a lawyer feel the need to remove a prospective juror though feel a need not to disclose his/her reasoning, he/she would use a/an _____ challenge.

During the preliminary hearing, which of the following occurs?

What is the history of the double jeopardy clause and which three constitutional protections are involved? When does jeopardy attach in a jury trial, in a bench trial, and when a defendant enters a plea?

Which of the following is not one of the components of the burden of proof?

Due to the _____ doctrine, an individual may be prosecuted for the same offense by two states or by a state and the federal government.

Aspects of a prosecutor's closing argument may be allowed to stand if made in response to defense statements according to the invited response doctrine.

During a probable cause hearing, it is to be determined whether there is a "_____" of the facts in question.