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Most juries in criminal cases are sequestered for the duration of the trial.

A) True
B) False

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What is the purpose of a suppression hearing? When is a suppression hearing usually held? What occurs at a suppression hearing?

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The suppression hearing considers whethe...

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What is the purpose of the prosecution's case-in-chief? Describe the sequence of events that would occur when a witness testifies during the prosecution's case-in-chief.

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The prosecution's case-in-chief is the portion of the trial during which the prosecutor must establish the defendant's guilt. The prosecutor calls a witness and conduct direct examination on that witness. Using a question answer format, the prosecutor elicits testimony revealing the relevant facts that the witness knows about the case. The defense attorney should make an objection before the witness answers the question if he/she believes a question is not appropriate. The judge makes a ruling on whether the witness should answer the question after allowing the prosecutor to explain why the question should be answered. This process continues until the prosecutor is finished with the witness. The defense attorney then has the right to cross examine the witness. The prosecutor has the right to make objections during cross examination and have the judge rule on them. Re-direct follows cross examination. During re-direct the prosecutor again questions the witness. The focus is on what was said during cross examination. If the witness was impeached, the prosecutor can attempt to rehabilitate the witness. Re-direct can not be used to ask questions the prosecutor forgot to ask during direct. Following re-direct there may be re-cross if the defense has questions about what was said during re-direct. Another witness will be called once the questioning of the witness is complete. The prosecution rests its case after questioning of its last witness is complete.

The speech the defense attorney makes after the prosecution's closing argument is called the rebuttal.

A) True
B) False

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Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Prosecutor Paula decided to take the case to the grand jury instead of having a preliminary hearing. What is the advantage of doing this?


A) The burden of proof is lower
B) She can cross examine the defense witnesses
C) The defense attorney will not be there
D) All of the above are true about a grand jury hearing

E) None of the above
F) C) and D)

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Name the document that is filed in court to start criminal proceedings if a person is arrested without a warrant. Who decides if this document should be filed?  What factors are considered?

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The criminal complaint is the first docu...

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The defendant has a Sixth Amendment right to a trial before 12 jurors.

A) True
B) False

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The criminal complaint describes the charges:


A) narrative form describing everything defendant is accused of doing.
B) state facts for each charge in separate counts.
C) state facts for felonies but not for misdemeanors.
D) state code sections violated but not give the facts.

E) All of the above
F) None of the above

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The defense is required to establish the defendant's innocence.

A) True
B) False

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Detective Dan just completed a lengthy investigation into a complex embezzlement case involving gourmet food trucks at a local outdoor market. During his surveillance he noted that sales were frequently made without using the cash register and that it was common for the person taking orders from customers to commingle money from sales with personal funds. Prosecutor Paula filed felony embezzlement charges against Eric. The preliminary hearing is scheduled for tomorrow. What does Detective Dan need to do to prepare for the preliminary hearing?


A) Study case law so he can give valid legal justifications for conducting surveillance without a search warrant
B) Review his notes and be ready to testify
C) Make copies of all investigative reports so Paula can give them to the defense attorney
D) Nothing - the prosecutor handles the preliminary hearing and does not call witnesses

E) None of the above
F) A) and B)

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At the Preliminary Hearing, the prosecution must establish each felony charged by:


A) probable cause.
B) prima facie case.
C) preponderance of the evidence.
D) beyond a reasonable doubt.

E) B) and C)
F) A) and C)

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Which of the following is the prosecutor constitutionally required to give to the defense before trial?


A) Names of informants whose identity is necessary for the defendant to prepare a case
B) Copies of all investigative reports in the prosecution's possession
C) Copies of all statements made to the police by co-defendants
D) All of these must be disclosed during discovery

E) A) and C)
F) A) and D)

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The Contemporaneous Objection Rule applies during criminal trials:


A) never
B) only during direct examination
C) during direct and cross examination
D) only during impeachment

E) A) and C)
F) A) and B)

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If a prosecutor takes a case to the grand jury and the grand jury agrees with the prosecutor about the charges, the defendant will be:


A) indicted.
B) arrested.
C) denied bail.
D) convicted.

E) None of the above
F) C) and D)

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The prosecution's opening statement:


A) is the first thing done at a trial.
B) is the next event after the jury is sworn in.
C) follows the defense's opening statement.
D) is only given if the case is tried without a jury.

E) A) and D)
F) None of the above

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The prosecutor may include crimes in the Information only if the judge ruled that the defendant is "bound over for trial" on those charges.

A) True
B) False

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Donald, a defense attorney, has been hired to represent Robert who is charged with robbery. Robert has an extensive criminal record and does not want to go to trial. Robert confessed to the police but hopes that Donald can prevent the confession being admitted at trial. At the suppression hearing the judge ruled that the confession was obtained in violation of Robert's Miranda rights. Donald wants to use the ruling to convince the prosecutor to accept a guilty plea to misdemeanor theft. Which of the following arguments is most likely to convince the prosecutor to accept the plea bargain?


A) If the prosecution does not agree to a plea bargain the case will automatically be dismissed because the defense won the suppression hearing
B) The confession was the only piece of evidence linking Robert to the robbery
C) If the case goes to trial, the jury will be told that the police violated Robert's rights by questioning him improperly
D) Judges normally give lighter sentences to defendant's whose rights were violated

E) A) and B)
F) B) and C)

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During voir dire , prospective jurors are questioned to determine their ability to serve on the jury.

A) True
B) False

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True

Which of the following is done at the preliminary hearing?


A) File criminal complaint with court clerk
B) Witnesses testify about the events that occurred while the crime was committed
C) Defendant enters a plea
D) All of these events occur at a preliminary hearing

E) A) and B)
F) None of the above

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Who can be impeached at trial?


A) anyone who takes the witness stand
B) any witness except the defendant
C) only witnesses who commit perjury
D) impeachment is not done during trial.

E) None of the above
F) B) and C)

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A

Showing 1 - 20 of 55

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