Study Guide Justice System

CHAPTER 1
Historical Development of Law and the Justice System
Chapter 1 Multiple Choice
1. Which of the below is an orientation goal of the justice system?
a. Protection of individual rights
b. Fairness
c. Efficiency
d. Preventing crime
Answer: a
Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.
Page number: 3
Level: Basic
2. Which of the following is a pragmatic goal of the justice system?
a. Protection of individual rights
b. Fairness
c. Efficiency
d. Preventing crime
Answer: d
Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.
Page number: 4
Level: Basic
3. Our system of justice is based on the _____________ process.
a. Adversarial
b. Innocence
c. Guilt
d. Group
Answer: a
Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.
Page number: 6
Level: Basic
4. One of the first-known attempts to establish a written code of conduct was the:
a. Magna Carta.
b. Bill of Rights.
c. Code of Hammurabi.
d. English Judicial Code.
Answer: c

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Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 7
Level: Basic
5. Which of the below statements is or are correct regarding common law?
a. Common law originated from a written set of regulations.
b. Common law was further enlarged by legislative enactments.
c. Common law was not used by the colonists as guidelines for conduct.
d. All of the above statements are correct.
Answer: b
Objective: Summarize the Constitutional basis for criminal procedure.
Page number: 9
Level: Basic
6. Today, the criminal law of the states on a written set of regulations that is largely the result of:
a. Common law.
b. Judicial decisions.
c. Legislative action.
d. History.
Answer: c
Objective: Summarize the Constitutional basis for criminal procedure.
Page number: 9
Level: Basic
7. The least serious category of crime is:
a. Treason.
b. A felony.
c. An infraction.
d. A misdemeanor.
Answer: c
Objective: Define terms related to the introduction of criminal procedure.
Page number: 12
Level: Basic
8. The Magna Carta:
a. Guaranteed the right to a trial by a jury of twelve (12) citizens.
b. Established the grand jury system.
c. Was a Roman document used to govern England.
d. Was the forerunner of the right to due process.
Answer: d
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 14
Level: Basic
9. Trial by ordeal:

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a. Refers to any trial with at least two (2) lawyers.
b. Was a trial to determine how much punishment should be imposed.
c. Was a trial requiring the convicted person to perform some physical feat.
d. All of the above answers are correct.
Answer: c
Objective: Define terms related to the introduction of criminal procedure.
Page number: 16
Level: Basic
10. Venue is:
a. The geographical area in which a case is heard.
b. The court which will hear the appeal.
c. The court that had jurisdiction to decline the case.
d. A term used to indicate the desire for a trial by jury.
Answer: a
Objective: Define terms related to the introduction of criminal procedure.
Page number: 34
Level: Basic
11. The accusatory jury system:
a. Was a component of English law.
b. Was incorporated into the Magna Carta .
c. Both of the above
d. None of the above
Answer: c
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 19
Level: Basic
12. Which of the below is an orientation goal of the justice system?
a. Protection of Individual Rights
b. Fairness
c. Efficiency
d. Preventing crime
Answer: a
Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.
Page number: 3
Level: Basic
Chapter 1 True-False
1. Our justice system should be viewed as a set of rules and is fixed in stone.
Answer: False
Objective: Define terms related to the introduction of criminal procedure.

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Page number: 2
Level: Basic
2. Court rules consist of the various standard procedures used by the courts.
Answer: True
Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.
Page number: 3
Level: Basic
3. Judicial opinions do not construe the constitutionality of state statutes.
Answer: False
Objective: Summarize the Constitutional basis for criminal procedure.
Page number: 3
Level: Basic
4. Law is not considered as a guideline for human behavior.
Answer: False
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 6
Level: Basic
5. In a well-regulated society, laws are considered to be essential in order to mold human conduct. Answer: True
Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.
Page number: 7
Level: Basic
6. Historically, laws become more complex as societies become more complex.
Answer: True
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 7
Level: Intermediate
7. Many early societal guidelines were developed by trial and error.
Answer: True
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 7

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Level: Intermediate
8. Originally, the common law of England was nothing more than an unwritten set of regulations and customs.
Answer: True
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 9
Level: Intermediate
9. Criminal laws do not vary among the states.
Answer: False
Objective: Define terms related to the introduction of criminal procedure.
Page number: 9
Level: Basic
10. Criminal laws should be worded in a vague manner in order to facilitate the prosecution of offenders.
Answer: False
Objective: Describe the public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.
Page number: 9
Level: Difficult
11. Most states have eliminated treason as a category of crime, and have listed it merely as a misdemeanor. Answer: False
Objective: Define terms related to the introduction of criminal procedure.
Page number: 12
Level: Intermediate
12. Guilt or innocence has always been decided by a jury trial.
Answer: False
Objective: Define terms related to the introduction of criminal procedure.
Page number: 13
Level: Basic
13. The settlement of criminal charges by atonement was the forerunner of our present procedures for assessing a money fine against a convicted person.
Answer: True
Answer: Explain the importance of precedent.

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Page number: 16
Level: Difficult
14. Trial by compurgation was used to replace trial by ordeal.
Answer: False
Objective: Define terms related to the introduction of criminal procedure.
Page number: 18
Level: Basic
15. Trial by compurgation was the forerunner of the present use of character witnesses.
Answer: True
Objective: Explain the importance of precedent.
Page number: 18
Level: Intermediate
16. A dual system of state and federal court systems exists today.
Answer: True
Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.
Page number: 24
Level: Basic
17. After a person is arrested, unless the charge against him or her is dismissed, some prosecutive action must be taken.
Answer: True
Objective: Define terms related to the introduction of criminal procedure.
Page number: 26
Level: Intermediate
18. Generally, courts of general jurisdiction are granted the authority to hear and decide all issues that are brought before them.
Answer: True
Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.
Page number: 28
Level: Basic
19. In appellate court hearings, only admissible evidence may be presented.
Answer: False
Objective: Define terms related to the introduction of criminal procedure.

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Page number: 29
Level: Basic
20. In some states, the state Supreme Court does not deal with criminal cases.
Answer: True
Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.
Page number: 30
Level: Basic
Chapter 1 Essay
1. Why are laws necessary?
Answer:
Human beings have needs.
One’s liberties end where another’s begin.
Growth of society gives rise to opportunities for encroachment on others’ rights.
Objective: Compare the theory of criminal procedure to the reality.
Page number: 7
Level: Basic
2. What is common law and why is it important?
Answer:
England’s common law was only a set of unwritten regulations.
Common law emanated from various court decisions.
Modernly, legislative enactments have greatly expanded the common law.
Objective: Explain the importance of precedent.
Page number: 9
Level: Basic
3. Explain why criminal law was not uniform among the early American states.
Answer:
Each state could decide its own laws, and the result was a wide diversity of laws.
Some states did not rely on the common law.
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 9
Level: Basic
4. Why is the invasion of England important when studying the American modern legal system? Answer:

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The Christian church was suppressed in Rome, and persons worshipped only clandestinely. When Rome invaded England, religious societies and new congregations were formed despite suppression.
Religious freedom came to America with those who moved here, and found its way into our Constitution.
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 13
Level: Intermediate
5. What is the Magna Carta and why is that important to our understanding of law?
Answer:
This English document gave the people certain political and civil rights.
It is considered to be the forerunner of our present due process rights.
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 14
Level: Intermediate
6. How were early offenders treated?
Answer:
The community could make war on the offender.
The offender might be exposed to victim vengeance.
The offender might be permitted to make atonement.
The community might inflict certain additional penalties upon the offender.
Objective: Summarize the history and legal foundations of criminal procedure.
Page number: 15
Level: Basic
7. Define and explain the significance of trial by ordeal.
Answer:
This required the convicted person to perform some physical feat.
Offenders were required to take an oath to God, and priests often supervised the ordeals.
The offender might also be required to undergo certain physical pain.
Objective: Define terms related to the introduction of criminal procedure.
Page number: 16
Level: Basic
8. How did the concept of trial by jury develop?
Answer:
In England, 12 men were named to an “accusatory jury;” they would act as an advisory body to the King.
The English model was the forerunner of our modern grand jury.

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Over time, the jury’s actions expanded to determine an accused’s guilt or innocence.
Objective: Explain the importance of precedent.
Page number: 19
Level: Intermediate
9. What is meant by the Bill of Rights?
Answer:
That refers to the first 10 Amendments to the Constitution.
Excessive taxation of the colonies by England and other forms of oppression led the
Founding Fathers to draft bills of rights for the citizen.
Objective: Describe the impact of the Bill of Rights on criminal procedure.
Page number: 21-23
Level: Basic
10. What is the major difference between the trial courts and the appellate courts?
Answer:
Trial courts conduct trials and appellate courts entertain appeals.
An appellate court can grant a new trial, but cannot conduct it itself.
Once a valid judgment is entered by the trial court, and it is appealed, the trial court is divested of the power to make further findings of fact.
Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.
Page number: 29
Level: Intermediate
11. Explain the difference between venue and jurisdiction.
Answer:
Venue refers to the geographic area in which a case may be heard.
Jurisdiction refers to the power of a court to hear certain types of cases.
Objective: Outline the structure of the court system, including the responsibilities and jurisdictions of each level.
Page number: 34-35
Level: Intermediate
12. What is a legal citation and why is that necessary for our understanding?
Answer:
The citation is the reference for an appellate opinion in a published book. For example,
384 U.S. 436 is the citation for Miranda v. Arizona, decided by the U.S. Supreme Court in 1966. That means that the opinion is found in volume 384 of the U.S. Reports, beginning on page 436.

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Citations are very important because they refer judges and attorneys to prior appellate opinions which serve as a guideline for current trial court rulings and additional appellate rulings. Stare decisis is a Latin term which means that a court is required to follow a certain line of thinking, or precedent, if the facts in the present case are exactly the same.
Objective: Explain the importance of precedent.
Page number: 38-39
Level: Basic

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CHAPTER 2
Search and Seizure
Chapter 2 Multiple Choice
1. The Fourth Amendment provides the right of the people to be secure in their:
a. Offices.
b. Houses.
c. Papers.
d. All of the above are correct.
e. Only b and c are correct.
Answer: e
Objective: Summarize the Fourth Amendment’ expectation of privacy.
Page number: 44
Level: Basic
2. The drafters of the Bill of Rights were influenced by:
a. Our English heritage.
b. The misuse of the criminal justice system by the colonies.
c. The Magna Carta.
d. All of the above are correct.
Answer: d
Objective: Outline the history, purpose and essential elements of the Fourth Amendment.
Page number: 46
Level: Intermediate
3. The Fourth Amendment deals with:
a. Searches.
b. Seizures.
c. Searches and seizures of persons.
d. Searches and seizures of property.
e. All of the above are correct.
Answer: e
Objective: Summarize the Fourth Amendment’ expectation of privacy.
Page number: 46
Level: Basic
4. The exclusionary rule was applied to the states by the case of:
a. Wolf v. Colorado.
b. Leon v. United States.
c. Mapp v. Ohio.
d. All of the above
Answer: c
Objective: Summarize the exclusionary rule and the issues associated with it.
Page number: 47
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Level: Intermediate
5. The major purpose of the exclusionary rule is to:
a. Protect the rights of defendants.
b. Prevent the police from prosecuting defendants.
c. Deter unreasonable searches and seizures.
d. None of the above are correct.
Answer: c
Objective: Summarize the exclusionary rule and the issues associated with it.
Page number: 48
Level: Intermediate
6. The “fruits of the poisonous tree” doctrine applies to:
a. Arrests.
b. Confessions.
c. Searches.
d. All of the above.
Answer: d
Objective: Summarize the Fruits of the Poisonous Tree Doctrine.
Page number: 49
Level: Intermediate
7. In the case of Wong Sun v. United States, the Supreme Court held that:
a. The exclusionary rule was not applicable when the government learns of the evidence from a source independent of any taint.
b. Not all evidence is automatically barred simply because it may have been gathered in violation of the Constitution.
c. Illegally obtained evidence may be admitted if it could have been obtained by means sufficiently distinguishable to be purged of the primary taint of illegality.
d. All of the above statements are correct.
Answer: d
Objective: Summarize the Fruits of the Poisonous Tree Doctrine.
Page number: 49
Level: Difficult
8. In the case of Katz v. United States, the Supreme Court expanded the scope of the Fourth
Amendment by:
a. Establishing an expectation of privacy zone.
b. Holding that the Fourth Amendment protects property interests.
c. Establishing a good faith rule.
d. All of the above are correct.
Answer: a
Objective: Summarize the Fourth Amendment’s expectation of privacy.
Page number: 50
Level: Difficult

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9. The test for any expectation of privacy is based upon the requirement that:
a. A person exhibit an expectation of privacy.
b. The expectation of privacy is one that society is prepared to accept.
c. Both a and b
d. A person exhibit and actual, but not subjective expectation of privacy.
Answer: c
Objective: Summarize the Fourth Amendment’s expectation of privacy.
Page number: 50-51
Level: Intermediate
10. The below-named judicial officer may issue a valid search warrant:
a. State attorney general
b. Federal attorney general
c. A neutral and detached magistrate who is a former prosecutor
d. A state senator
Answer: c
Objective: Describe how search warrants are executed.
Page number: 61
Level: Basic
11. Abandonment, plain view, and open fields are:
a. Exceptions to the hearsay rule.
b. Exceptions to the Fourth Amendment.
c. Supreme Court cases.
d. Not important to an understanding to the Fourth Amendment.
Answer: b
Objective: Summarize the plain view and related doctrines.
Page number: 52
Level: Basic
Chapter 2 True-False
1. Fourth Amendment does not protect a person’s papers.
Answer: False
Objective: Summarize the Fourth Amendment’s expectation of privacy.
Page number: 44
Level: Basic
2. In 1914, the U.S. Supreme Court established the exclusionary rule for federal courts.
Answer: True
Objective: Summarize the exclusionary rule and the issues associated with it.
Page number: 46
Level: Basic

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3. The Fourth Amendment deals with seizures of property, but not persons.
Answer: False
Objective: Outline the history, purpose, and essential elements of the Fourth Amendment.
Page number: 46
Level: Basic
4. Wolf v. Colorado applied the exclusionary rule to state civil proceedings.
Answer: False
Objective: Summarize the exclusionary rule and the issues associated with it.
Page number: 47
Level: Intermediate
5. The “fruits of the poisonous tree” doctrine applies only to arrests and not searches.
Answer: False
Objective: Summarize the Fruits of the Poisonous Tree Doctrine.
Page number: 49
Level: Basic
6. There are no exceptions to the Fourth Amendment requirements.
Answer: False
Objective: Define terms related to the Fourth Amendment.
Page number: 51
Level: Basic
7. If a party consents to a search, he or she is not protected by the Fourth Amendment as to that search.
Answer: True
Objective: Describe consent searches and the issues associated with them.
Page number: 51
Level: Basic
8. Chimel v. California discussed the permissible scope of a search incident to an arrest.
Answer: True
Objective: Summarize the plain view and related doctrines.
Page number: 52
Level: Intermediate
9. The plain view doctrine is a judicially established exception to the Fourth Amendment.
Answer: True

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Objective: Summarize the plain view and related doctrines.
Page number: 53
Level: Basic
10. A person’s garbage bags left on a public sidewalk may be searched without a warrant.
Answer: True
Objective: Summarize the issues involved in warrantless searches.
Page number: 54
Level: Intermediate
11. The U.S. Supreme Court has a long history of expressing a strong preference for the use of a search warrant.
Answer: True
Objective: Explain the requirements for obtaining a search warrant.
Page number: 60-61
Level: Basic
12. Probable cause is a subjective test.
Answer: False
Objective: Explain the concept of probable cause and its implications.
Page number: 60
Level: Intermediate
13. Telephonic search warrants have been eliminated by the U.S. Supreme Court.
Answer: False
Objective: Explain the requirements for obtaining a search warrant.
Page number: 61
Level: Intermediate
14. The courts always allow the use of other information to be brought in at a later date to rehabilitate an otherwise defective search warrant.
Answer: False
Objective: Describe searches within the context of the Fourth Amendment.
Page number: 62
Level: Intermediate
15. Search warrants generally have no restrictions on when they may be executed.
Answer: False
Objective: Describe how search warrants are executed.
Page number: 63

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Level: Difficult
Chapter 2 Essay
1. What rights are protected by the Fourth Amendment to the U.S. Constitution?
Answer:
The right to be secure in one’s person, one’s house, ones papers, and one’s effects.
Search warrants must:
Be based on probable cause.
Be supported by oath or affirmation.
Particularly describe the place to be searched and/or the things to be seized.
Objective: Summarize the Fourth Amendment’s expectation of privacy.
Page number: 46
Level: Intermediate
2. Explain the rationale behind the exclusionary rule.
Answer:
Evidence seized without probable cause should be excluded from court.
The rule, first announced in Weeks v. U.S. (1914), 232 U.S. 383, applied to limit actions of the federal government.
Objective: Summarize the exclusionary rule and the issues associated with it.
Page number: 46
Level: Difficult
3. What problems arise if police make a mistake and search the wrong place?
Answer:
Illegally seized evidence must be suppressed unless an exception applies.
A perfectly good arrest might result in dismissal of the case.
Objective: Summarize the issues associated with seizures.
Page number: 49
Level: Intermediate
4. Explain the “fruits of the poisonous tree” doctrine.
Answer:
This doctrine prohibits admission of illegally seized evidence.
It applies to searches, arrests, confessions, and other evidence-gathering activities of law enforcement. Objective: Summarize the Fruits of the Poisonous Tree Doctrine.
Page number: 49
Level: Intermediate
5. What is meant by the “expectation of privacy zone?”

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Answer:
This was established in Katz v. U.S. (1967), 389 U.S. 347.
Persons must exhibit an actual or subjective expectation of privacy, and the expectation is one which society is prepared to recognize as reasonable.
Objective: Summarize the Fourth Amendment’s expectation of privacy.
Page number: 50
Level: Difficult
6. What are the exceptions to the Fourth Amendment in regards to searches?
Answer:
Open fields; plain view; abandonment; consent; airport searches; border searches; parolee and probationer searches; school searches; and searches incident to a lawful arrest.
Exceptions to the exclusionary rule are: good faith exception; inevitable discovery; purged taint or attenuation; and independent source.
Objective: Summarize the plain view and related doctrines.
Page number: 51-59
Level: Difficult
7. Explain the balancing test with respect to the Fourth Amendment.
Answer:
If police activity is not a search, the Fourth Amendment does not apply; first, it must be determined whether or not it is a search.
Also, if a party consents to a search, there are no Fourth Amendment protections; many times the issue is whether one individual can consent to the police searching another individual’s zone of expectation of privacy.
Objective: Define terms related to the Fourth Amendment.
Page number: 51
Level: Difficult
8. When may police search a person at an airport?
Answer:
At any time; since 1960, the government began searching persons and baggage to be placed on an airplane.
The courts balance the individual’s rights against the need for security and safety.
Objective: Summarize the special issues involved in border and extraterritorial searches.
Page number: 59
Level: Intermediate
9. Define probable cause.
Answer:

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It is an objective test requiring the facts to be such as would warrant a belief by a reasonable person that criminal conduct has occurred or is about to occur.
Modernly, the totality of the circumstances analysis is employed to ascertain probable cause. See Illinois v. Gates (1983), 462 U.S. 213.
Objective: Explain the concept of probable cause and its implications.
Page number: 60
Level: Difficult
10. What constitutes a search?
Answer:
A search is a governmental intrusion into an area where a person has a reasonable expectation of privacy.
Objective: Define terms related to the Fourth Amendment.
Page number: (Glossary)
Level: Basic

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CHAPTER 3
Arrest and Custody
Chapter 3 Multiple Choice
1. The term “arrest” is derived from:
a. Old English.
b. French.
c. Latin.
d. Spanish.
Answer: b
Objective: Define terms related to stops and arrests.
Page number: 78
Level: Basic
2. The elements of an arrest include:
a. An arrest warrant.
b. Reason to believe a person has committed a crime.
c. That the person to be arrested committed the crime.
d. All of the above.
e. Only answers b. and c. above are correct.
Answer: e
Objective: Define terms related to stops and arrests.
Page number: 79
Level: Intermediate
3. A federal marshal has jurisdiction to make an arrest in which of the following locations?
a. Anywhere within the territorial limits of the United States
b. Only in the state in which he or she is assigned
c. Only in a state when accompanied by a local law enforcement officer
d. None of the above answers are correct.
Answer: a
Objective: Explain the concept of territorial jurisdiction to make an arrest.
Page number: 85
Level: Difficult
4. The federal department responsible for securing our national borders is the:
a. U.S. Department of Justice.
b. U.S. Postal Service.
c. Department of Homeland Security.
d. Department of National Borders.
Answer: c
Objective: Explain the concept of territorial jurisdiction to make an arrest.
Page number: 86

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Level: Intermediate
5. When is it permissible for a law enforcement officer to use non-deadly force in making an arrest?
a. In any case where an arrest is authorized
b. In felony cases only
c. Only when the individual to be arrested is dangerous to the community
d. Only with an arrest warrant
Answer: a
Objective: Discuss the issue of using force in making an arrest.
Page number: 86
Level: Intermediate
6. In which of the cases listed below did the Supreme Court establish certain safeguards for individuals being interrogated by the police?
a. Brown v. Mississippi
b. Ashcraft v. Tennessee
c. Miranda v. Arizona
d. Escobedo v. Illinois
e. Spano v. New York
Answer: c
Objective: Define terms related to stops and arrests.
Page number: 90
Level: Intermediate
7. In which of the cases listed below was the defendant taken to the police station and questioned continuously for two (2) days before he confessed?
a. Brown v. Mississippi
b. Ashcraft v. Tennessee
c. Miranda v. Arizona
d. Escobedo v. Illinois
e. Spano v. New York
Answer: b
Objective: Define terms related to stops and arrests.
Page number: 91
Level: Intermediate
8. In which of the cases listed below did police use a rookie police officer to trick the defendant into confessing?
a. Brown v. Mississippi
b. Ashcraft v. Tennessee
c. Miranda v. Arizona
d. Escobedo v. Illinois
e. Spano v. New York
Answer: e
Objective: Define terms related to stops and arrests.

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Page number: 91
Level: Intermediate
9. In which of the cases listed below did police refuse a defendant’s request to see his attorney? a. Brown v. Mississippi
b. Ashcraft v. Tennessee
c. Miranda v. Arizona
d. Escobedo v. Illinois
e. Spano v. New York
Answer: d
Objective: Define terms related to stops and arrests.
Page number: 91
Level: Intermediate
10. Which of the classes of persons listed below has or have at least limited immunity from arrest? a. Police officers
b. Correctional officers
c. Out-of-state witnesses
d. Legislators
e. Only c. and d.
Answer: e
Objective: Describe the immunities from arrest.
Page number: 96
Level: Difficult
Chapter 3 True-False
1. Only a citizen of the United States may make a citizen’s or private person arrest.
Answer: False
Objective: Explain the requirements of a valid arrest.
Page number: 77
Level: Intermediate
2. A peace officer has much greater authority to make an arrest without a warrant than does a private person.
Answer: False
Objective: Explain the requirements of a valid arrest.
Page number: 78
Level: Intermediate
3. An arrest has been defined as the taking of a person into custody in a manner authorized by the law.

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Answer: True
Objective: Explain the requirements of a valid arrest.
Page number: 78
Level: Basic
4. The use of telephonic warrants is not permitted by the U.S. Supreme Court.
Answer: False
Objective: Define terms related to stops and arrests.
Page number: 80
Level: Basic
5. Until 1967, a search was considered as an all-or-nothing concept.
Answer: True
Objective: Define terms related to stops and arrests.
Page number: 81
Level: Basic
6. Mere temporary detention for questioning is not considered an arrest.
Answer: True
Objective: Define terms related to stops and arrests.
Page number: 81
Level: Basic
7. A stop based on a “wanted flyer” issued by another police department does not justify the stopping of a vehicle and its occupants.
Answer: False
Objective: Explain the concept of territorial jurisdiction to make an arrest.
Page number: 82
Level: Intermediate
8. The Uniform Act of Fresh Pursuit provides that under some circumstances, a peace officer of one state may enter another state to arrest a fleeing felon.
Answer: True
Objective: Explain the concept of territorial jurisdiction to make an arrest.
Page number: 84
Level: Intermediate
9. The Uniform Act of Fresh Pursuit applies only to felonies.
Answer: False

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Objective: Explain the concept of territorial jurisdiction to make an arrest.
Page number: 84
Level: Intermediate
10. Diplomatic officials have unlimited immunity from arrest.
Answer: True
Objective: Describe the immunities from arrest.
Page number: 96
Level: Intermediate
11. Legislators of some state legislative bodies have limited immunity from arrest.
Answer: True
Objective: Describe the immunities from arrest.
Page number: 96
Level: Intermediate
12. Consuls have unlimited immunity from arrest.
Answer: False
Objective: Describe the immunities from arrest.
Page number: 96
Level: Difficult
13. Failure of an arrested person to demand the right to make a telephone call is considered a waiver of that right.
Answer: False
Objective: Describe the booking, citation, and summons processes.
Page number: 97
Level: Intermediate
14. A warrant for arrest and a citation to appear are one and the same.
Answer: False
Objective: Explain the requirements of a valid arrest.
Page number: 97
Level: Basic
15. An accused person must be booked before he or she is released on a citation.
Answer: False
Objective: Describe the booking, citation, and summons processes.
Page number: 98
Level: Basic

23

Chapter 3 Essay
1. What constitutes an arrest?
Answer:
The word comes from the French arrêter, to stop or stay, and signifies the restraint of a suspect’s person; the person is not free to leave.
Arrests are to be distinguished from casual encounters and mere detentions.
Objective: Define terms related to stops and arrests.
Page number: 78
Level: Intermediate
2. What are the essential elements necessary to constitute probable cause to arrest?
Answer:
There is reason to believe that a crime has been committed.
There is reason to believe the arrested person has committed the offense.
Objective: Explain the requirements of a valid arrest.
Page number: 79
Level: Intermediate
3. When may a police officer arrest a person without a warrant?
Answer:
When obtaining a warrant before the arrest is impractical
When probable cause exists for the arrest
Objective: Describe the situations in which warrantless arrests may be made.
Page number: 79
Level: Intermediate
4. When may a police officer use deadly force in arresting a criminal?
Answer:
To prevent an escape, but only if there are no other means of apprehending the felon
Ignoring this principle could result in violation of the citizen’s civil rights.
Objective: Discuss the issue of using force in making an arrest.
Page number: 87
Level: Intermediate
5. Define and explain the significance of the “stop and frisk” doctrine of Terry v. Ohio
(1968), 392 U.S. 1.
Answer:
“Reasonable suspicion” to stop and frisk was all that was necessary.
The officer could search for weapons.

24

Objective: Summarize the issues involving stop and frisk.
Page number: 81
Level: Basic
6. Distinguish between consensual encounters, detentions, and arrests.
Answer:
A consensual encounter occurs when the person is not under arrest, but is merely stopped for questioning; the individual is free to leave.
A detention is the stopping of a person for questioning, with the concept that the person stopped and is not free to leave.
Objective: Define terms related to stops and arrests.
Page number: 77
Level: Difficult

25

CHAPTER 4
Initial Appearance
Chapter 4 Multiple Choice
1. The initial appearance of the accused before the court is often referred to as the:
a. Arrest.
b. Arraignment.
c. Booking.
d. Indictment.
Answer: b
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Basic
2. The importance of the initial appearance of the accused before the court was discussed in which landmark case?
a. United States v. Miranda
b. Mallory v. McNabb
c. Mapp v. Ohio
d. None of the above
Answer: d
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Intermediate
3. An arrested person must be taken before a magistrate:
a. Within 6 days.
b. Within 5 days.
c. Without unnecessary delay.
d. As soon as possible.
Answer: c
Objective: Explain the purpose and process of the initial appearance.
Page number: 107
Level: Basic
4. Which of the statements below is or are correct regarding a complaint?
a. It contains the charge(s) against the accused.
b. It is a comparatively simple document.
c. It is often referred to as an accusatory pleading.
d. All of the above statements are correct.
Answer: d
Objective: Understand the legal requirements of a complaint.
Page number: 110

26

Level: Basic
5. The ____ Amendment to the U.S. Constitution provides that excessive bail shall not be required. a. Fourth
b. Sixth
c. Eighth
d. Fourteenth
Answer: c
Objective: Summarize bail and other types of pretrial release.
Page number: 111
Level: Intermediate
6. Which of the statements below is correct regarding bail?
a. At common law, bail was generally approved in capital cases.
b. The original purpose of bail was to ensure the accused’s presence at trial.
c. Bail is presently used as a form of punishment.
d. Bail was unknown in early England.
Answer: b
Objective: Summarize bail and other types of pretrial release.
Page number: 112
Level: Intermediate
7. Which of the statements below is or are correct regarding bail?
a. The form of bail must be in U.S. currency or a certified bank instrument.
b. The form of bail may be real property.
c. Most courts require the use of bondspersons in arranging for bail.
d. Only answers a. and c. are correct.
Answer: b
Objective: Discuss the restrictions on bail.
Page number: 113
Level: Intermediate
8. To establish uniformity in the amounts required, many jurisdictions use:
a. Mandatory bail requirements.
b. Bail schedules.
c. Bail bondspersons.
d. Guesswork.
Answer: b
Objective: Discuss the restrictions on bail.
Page number: 114
Level: Basic
9. The phrase “exoneration of bail” means:
a. The bail is forfeited.
b. The property or money is returned to the surety.

27

c. Bail has been increased.
d. The case has been dismissed and bail is no longer required.
Answer: b
Objective: Discuss the restrictions on bail.
Page number: 115
Level: Basic
10. Modernly, judges in many states will release an accused on his or her own recognizance:
a. Only on misdemeanor charges.
b. On either felony or misdemeanor charges.
c. Only if he or she posts bail.
d. All of the above are correct.
Answer: b
Objective: Discuss the restrictions on bail.
Page number: 115
Level: Intermediate
11. In which of the following cases did the Supreme Court blur the distinctions between an initial appearance and an arraignment?
a. Miranda v. Arizona and Brady v. Maryland
b. McNabb v. United States and Mallory v. United States
c. Brady v. Maryland and Mallory v. United States
d. McNabb v. United States and Miranda v. Arizona
Answer: b
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Difficult
Chapter 4 True-False
1. The right to an initial appearance is included in the Bill of Rights.
Answer: False
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Intermediate
2. In many states, the initial appearance is referred to as an arraignment.
Answer: True
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Basic
3. The purpose of the initial appearance is to determine what charges should be brought against the accused.

28

Answer: False
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Intermediate
4. The term “arraignment” has different meanings in different states.
Answer: True
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Intermediate
5. The purpose of the initial appearance is to provide the accused with the opportunity to make a confession.
Answer: False
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Basic
6. The initial appearance must take place without unnecessary delay.
Answer: True
Objective: Explain the purpose and process of the initial appearance.
Page number: 107
Level: Basic
7. Prior to the initial appearance, a legal document must be filed with the court setting forth the charges against the accused.
Answer: True
Objective: Explain the purpose and process of the initial appearance.
Page number: 110
Level: Basic
8. A demur is a formal mode of challenging the legal sufficiency of the pleadings.
Answer: True
Objective: Understand the legal requirements of a complaint.
Page number: 110
Level: Basic
9. The amount of bail that is required to be posted may take into account the accused person’s ability to pay.

29

Answer: True
Objective: Summarize bail and other types of pretrial release.
Page number: 111
Level: Intermediate
10. The right to post bail is a guarantee included in the Bill of Rights.
Answer: False
Objective: Summarize bail and other types of pretrial release.
Page number: 111
Level: Difficult
11. The right to post bail was found in the early history of England.
Answer: True
Objective: Summarize bail and other types of pretrial release.
Page number: 111
Level: Basic
12. Bail may be denied if the accused is a danger to the community.
Answer: True
Objective: Explain what happens when the defendant violates the conditions of his or her bail. Page number: 111
Level: Difficult
13. One of the most common reasons for the dismissal of a criminal case is the agreement by the accused to participate in a pretrial diversion program.
Answer: True
Objective: Understand the legal requirements of a complaint.
Page number: 115
Level: Intermediate
14. In some cases, witnesses may be required to post security to ensure their presence in court. Answer: True
Objective: Discuss the restrictions on bail.
Page number: 116
Level: Intermediate
15. An accused may be released on his or her own recognizance only on misdemeanor charges. 30

Answer: False
Objective: Discuss the restrictions on bail.
Page number: 116
Level: Intermediate
Chapter 4 Essay
1. What is the purpose of the initial appearance?
Answer:
Its purpose is to officially inform the defendant of the charges against him or her.
Note: this step is not the arraignment, although erroneously referred to as such in some states and in certain Supreme Court opinions.
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Basic
2. Since there is no mention of an initial appearance in the Constitution, why do we have it?
Answer:
To officially inform the defendant of the charges against him or her
To provide evidence that the charges have been officially brought to the defendant’s attention Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Basic
3. Briefly explain what happens at the initial appearance.
Answer:
A magistrate ensures the defendant is the person named in the charging document.
A magistrate informs the defendant of his or her rights under Miranda v. Arizona.
The accused or his or her attorney is often given a copy of the charging document.
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Basic
4. What constitutes accusatory pleadings?
Answer:
Documents which set forth the charge(s) against the accused
Documents which are fairly simple
Documents which are referred to as a complaint or an information
Objective: Understand the legal requirements of a complaint.
Page number: 110
Level: Intermediate

31

5. Explain a defendant’s right to bail.
Answer:
The origin of the right to bail is obscure, but some believe it derived from the French term baillier, which means to deliver.
The Eighth Amendment to the Constitution provides for the right to bail.
The right is not a guarantee; rather, when it is extended to the accused, it may not be excessive. Objective: Summarize bail and other types of pretrial release.
Page number: 110-111
Level: Intermediate
6. What factors may be taken into account when the judge sets bail?
Answer:
The seriousness of the offense(s) charged
The weight of the evidence against the accused
The accused’s ties to the community, including income-earning ability
The accused’s prior criminal record
The accused’s prior failure to appear at other hearings
Objective: Summarize bail and other types of pretrial release.
Page number: 111
Level: Intermediate
7. On what grounds may a judge deny bail?
Answer:
Bail may be denied if releasing the accused would present a danger to the public.
Bail may be denied if releasing the accused would create a flight risk.
Objective: Discuss the restrictions on bail.
Page number: 112
Level: Intermediate
8. Distinguish between an initial appearance and an arraignment.
Answer:
An initial appearance merely informs the accused of the charge(s) against him or her.
The arraignment is the stage at which the accused may enter a plea to the charge(s).
Objective: Explain the purpose and process of the initial appearance.
Page number: 105
Level: Intermediate

32

CHAPTER 5
The Charging Function
Chapter 5 Multiple Choice
1. Which of the statements below is correct regarding the preliminary hearing?
a. Many states use a preliminary hearing in lieu of a grand jury.
b. The preliminary hearing is heard by the same judge who will conduct the trial in the case. c. The judge at the preliminary hearing should dismiss the charges unless the government establishes the accused’s guilt beyond a reasonable doubt.
d. The preliminary hearing is expressly mentioned in the Constitution.
Answer: a
Objective: Explain the purpose and process of the preliminary hearing.
Page number: 120
Level: Intermediate
2. If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:
a. Orders the defendant to appear before a grand jury.
b. Orders that the defendant be released from custody.
c. Binds the defendant over for trial.
d. Dismisses the charges.
Answer: c
Objective: Explain the purpose and process of the preliminary hearing.
Page number: 120
Level: Basic
3. Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing?
a. The magistrate has subpoena power at the hearing.
b. The magistrate has investigative power at the hearing.
c. The magistrate has the primary duty of determining if the accused is guilty.
d. The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial.
Answer: d
Objective: Explain the functions and purposes of the preliminary hearing.
Page number: 120
Level: Intermediate
4. Which of the actions below may be taken at an arraignment?
a. The judge will advise the accused of the charges.
b. The accused may plea guilty.

33

c. The accused may plea not guilty and request a jury trial.
d. An attorney may be appointed to represent the accused.
e. All of the above may occur.
Answer: e
Objective: Summarize the arraignment process.
Page number: 122
Level: Intermediate
5. At the preliminary hearing, if a judge holds the defendant to answer for trial, the prosecuting attorney must:
a. Prepare a legal document known as an information.
b. Try the case before a jury.
c. Dismiss the case.
d. Use all means available to get a conviction.
Answer: a
Objective: Define terms related to the pretrial process.
Page number: 124
Level: Intermediate
6. If the defendant enters a plea of guilty, the trial judge may:
a. Refuse to accept the plea.
b. Accept the plea without advising the defendant of his or her rights.
c. Require the prosecution and defense to reach a plea bargain.
d. None of the above answers are correct.
Answer: a
Objective: Outline the elements of a valid guilty plea.
Page number: 125
Level: Intermediate
7. Which of the below statements is or are false concerning the protection against double jeopardy? a. The right is of ancient origin.
b. The right may be waived by the defendant.
c. The defendant may never be tried twice for the same act.
d. None of the above statements are incorrect.
Answer: c
Objective: Define terms related to the pretrial process.
Page number: 130
Level: Intermediate
8. Which of the statements below is correct concerning a grand jury?
a. The accused has a right to be present when the grand jury is hearing evidence.
b. Once the grand jury enters a “no-bill” to an indictment, the accused may not be tried for the offenses listed in the indictment.
c. Grand juries were first used in France.
d. Grand juries may require an accused to answer any questions.

34

e. None of the above statements are correct.
Answer: e
Objective: Discuss the duties of the grand jury.
Page number: 131
Level: Difficult
9. The primary purpose of a grand jury is to:
a. Investigate governmental units.
b. Determine whether there are sufficient facts to hold the accused for trial.
c. Ensure that the defendant’s rights are not violated.
d. None of the above statements are correct.
Answer: b
Objective: Discuss the duties of the grand jury.
Page number: 131
Level: Difficult
10. An indictment serves which of the following purposes?
a. It informs the grand jury of the charge about which they will receive evidence during the hearing.
b. The indictment may be used as a basis for a judge to issue a warrant of arrest.
c. It is an accusatory pleading that sets the trial in motion.
d. All of the above statements are correct.
Answer: d
Objective: Explain the purpose, functions, and powers of a grand jury.
Page number: 134
Level: Intermediate
11. In United States v. Ferguson (2007), 508 F.Supp.2d 7, the court held that:
a. Reliance on the Stored Communications Act was objectively reasonable.
b. Reliance on the Stored Communications Act was unconstitutional.
c. Both of the above.
d. None of the above.
Answer: b
Objective: Discuss terms related to the pretrial process.
Page number: 121
Level: Difficult
Chapter 5 True-False
1.

An information is another name for an indictment.

Answer: True
Objective: Discuss terms related to the pretrial process.
Page number: 122
Level: Basic

35

2.

If a defendant does not plead “not guilty by reasons of insanity,” he or she may be presumed to be sane at the time the crime was committed.

Answer: True
Objective: Outline the elements of a valid guilty plea.
Page number: 122
Level: Intermediate
3.

Once a guilty plea has been accepted by the court, it may not be withdrawn.

Answer: False
Objective: Outline the elements of a valid guilty plea.
Page number: 125
Level: Intermediate
4.

A trial judge is required to accept a defendant’s plea of guilty.

Answer: False
Objective: Outline the elements of a valid guilty plea.
Page number: 125
Level: Difficult
5.

A plea of nolo contendere is essentially equivalent to a not guilty plea.

Answer: True
Objective: Outline the elements of a valid guilty plea.
Page number: 126
Level: Basic
6.

A defendant has a right to plead nolo contendere in all states.

Answer: False
Objective: Define terms related to the pretrial process.
Page number: 126
Level: Difficult
7.

When the accused refuses to enter a plea, the judge may enter a plea of not guilty for him or her.

Answer: True
Objective: Outline the elements of a valid guilty plea.
Page number: 126
Level: Intermediate
8.

The grand jury proceeding is a carry over from common law procedure.

36

Answer: True
Objective: Discuss the history of the grand jury.
Page number: 131
Level: Basic
9.

An accused may never be tried twice for the same misconduct.

Answer: False
Objective: Define terms related to the pretrial process.
Page number: 130
Level: Difficult
10.

A court trial is considered to have begun when the first witness has been sworn.

Answer: True
Objective: Define terms related to the pretrial process.
Page number: 130
Level: Basic
11.

A jury trial is considered to have begun when the jury is sworn.

Answer: True
Objective: Define terms related to the pretrial process.
Page number: 130
Level: Basic
12.

In some jurisdictions, a plea of former judgment would be proper if the defendant has been acquitted of one charge and retried on a lesser charge arising out of the same act.

Answer: True
Objective: Define terms related to the pretrial process.
Page number: 130
Level: Difficult
13.

The grand jury proceeding is a carry over from common law procedure.

Answer: True
Objective: Describe the history of the grand jury.
Page number: 131
Level: Basic
14.

The grand jury vote must be unanimous in order to return a true indictment.

Answer: False
Objective: Discuss the duties of a grand jury.
Page number: 134

37

Level: Basic
15.
An indictment and a “true bill” are two completely different documents.
Answer: False
Objective: Discuss the duties of a grand jury.
Page number: 134
Level: Intermediate
Chapter 5 Essay
1. Explain the difference between a confession and a guilty plea.
Answer:
A confession is merely the admission that the accused did the act(s) charged.
A guilty plea is in and of itself a conviction.
By pleading guilty, the accused incriminates himself or herself.
Objective: Summarize the arraignment process.
Page number: 122
Level: Difficult
2. When may a defendant withdraw a guilty plea?
Answer:
It may be at any time before pronouncement of sentence.
It may be at any time the accused did not understand the significance of a guilty plea.
It may be when the plea was coerced and not voluntary.
Objective: Outline the elements of a valid guilty plea.
Page number: 125-126
Level: Intermediate
3. Explain the guarantee against double jeopardy.
Answer:
The controlling document is the Fifth Amendment.
An accused may not be put in jeopardy twice for the same crime.
Whether or not double jeopardy occurs is a very complicated question.
Separate sovereigns may charge the accused with the same offense.
Page number: 128-130
Level: Difficult
4. What are the functions of a grand jury?
Answer:
Its original purpose (in England) was to create a safeguard for the accused.
Our controlling document is the Fifth Amendment.
Its primary purpose is to weigh evidence against an accused.

38

If it determines sufficient evidence exists against the accused, it will submit a true bill to the prosecution to be used as an indictment.
If it determines sufficient evidence does not exist against the accused, it will return a no bill to the prosecution.
Objective: Discuss the duties of a grand jury.
Page number: 131-135
Level: Intermediate
5. Explain the functions of an arraignment.
Answer:
At this stage the accused is offered the opportunity to enter a plea.
If the accused does not enter a plea, the judge will enter a not guilty plea for him or her.
Objective: Summarize the arraignment process.
Page number: 122
Level: Intermediate
6. What are the various pleas a defendant may enter at the arraignment?
Answer:
Guilty
Not guilty
Not guilty by reason of insanity
Nolo contendere (in some states)
Former jeopardy
Former judgment of acquittal or conviction
Objective: Outline the elements of a valid guilty plea.
Page number: 122
Level: Difficult

39

CHAPTER 6
Place and Time of Trial
Chapter 6 Multiple Choice
1. Which of the below statements are correct concerning the issue of competency to stand trial?
a. Competency to stand trial refers to the defendant’s mental state at the time the crime was committed.
b. Competency to stand trial must be proven by the prosecution in all cases.
c. Most states require the defendant to establish incompetency by a preponderance of evidence. d. None of the above statements are correct.
Answer: c
Objective: Distinguish between insanity and competency issues.
Page number: 147
Level: Intermediate
2. If the defendant in a state criminal case contends that he or she will not get a fair trial in the judicial district in which the crime was committed, he or she may:
a. Submit a writ of habeas corpus to require the trial judge to move the place of trial.
b. Request a change of venue to a different state.
c. Request a change of venue to a different judicial district within the state.
d. Submit a writ of certiorari to the trial judge.
Answer: c
Objective: Summarize how the place and time of a trial are determined.
Page number: 144
Level: Intermediate
3. A defendant may waive:
a. Jurisdiction of the court.
b. Venue.
c. Both a and b.
d. Neither a nor b.
Answer: b
Objective: Explain when a defendant may want a change of venue.
Page number: 144
Level: Basic
4. The right of an accused to a speedy trial as guaranteed by the “Bill of Rights” of the U.S.
Constitution was made applicable to the states by the:
a. 4th Amendment.
b. 5th Amendment.
c. 14th Amendment.
c. 21st Amendment.

40

Answer: c
Objective: Explain the differences between the constitutional and statutory right to a speedy trial.
Page number: 144
Level: Basic
5. If the accused requests a change of venue and his or her request is denied:
a. The defendant may get the charges dismissed.
b. The defendant may use the denial as grounds for an appeal.
c. The denial is evidence that the judge is biased against the defendant.
d. The request may not be the grounds of an appeal.
Answer: b
Objective: Explain when a defendant may want a change of venue.
Page number: 149
Level: Intermediate
6. If a request for continuance is made, whether it is granted or not is at the discretion of the:
a. Appellate court.
b. Prosecutor.
c. Witness.
d. Trial judge.
Answer: d
Objective: Explain the issues that a trial judge must consider in determining whether to grant a motion for a continuance.
Page number: 151
Level: Basic
7. The defendant’s right to a speedy trial is different from his or her other rights in that:
a. The delay may benefit the accused.
b. Delay is not an uncommon legal tactic of the defense.
c. It is impossible to pin point a precise time which constitutes a violation of the right.
d. All of the above are correct.
Answer: d
Objective: List the issues involved in determining if the defendant’s constitutional right to a speedy trial has been violated.
Page number: 150-151
Level: Difficult
8. The Smith v. Hooey case:
a. Held that an accused has no right to a speedy trial when he is not in the state.
b. Held that the failure to grant a continuance may be grounds to reverse the conviction.
c. Discussed the right of an accused to have his or her case moved to a different county.
d. Discussed the right of an accused to have a speedy trial.
Answer: d
Objective: List the issues involved in determining if the defendant’s constitutional right to a speedy trial has been violated.
Page number: 150

41

Level: Difficult
9. Which of the below statements is correct regarding the statute of limitations?
a. The statute of limitations is incorporated into the laws of all states.
b. Some crimes such as murder traditionally do not have time limitations.
c. The statute of limitations restricts the number of continuances that a trial judge may grant. d. Both a and b are correct.
Answer: d
Objective: Describe the differences between speedy trial and statute of limitations.
Page number: 157-158
Level: Difficult
10. The statute of limitations places a limit on:
a. The number of continuances that may be granted.
b. The area in which a trial may be held.
c. The time within which a speedy trial must take place.
d. None of the above.
Answer: d
Objective: Describe the differences between speedy trial and statute of limitations.
Page number: 157
Level: Difficult
11. Barker v. Wingo established:
a. A balancing test for determining a defendant’s right to a speedy trial.
b. A 4-prong test for determining a defendant’s right to a speedy trial.
c. Both of the above.
d. None of the above.
Answer: c
Objective: List the issues involved in determining if the defendant’s constitutional right to a speedy trial has been violated.
Page number: 149
Level: Intermediate
Chapter 6 True-False
1. The plea of not guilty by reason of insanity refers to the defendant’s mental state at the time the alleged crime was committed.
Answer: True
Objective: Distinguish between insanity and competency issues.
Page number: 143
Level: Basic
2. If no issue is raised as the defendant’s competency to stand trial, then it is assumed that he or she is competent.

42

Answer: True
Objective: Distinguish between insanity and competency issues.
Page number: 143
Level: Basic
3. A defendant may request a change of venue.
Answer: True
Objective: Explain when a defendant may want a change of venue.
Page number: 144
Level: Basic
4. Criminal trials may take place in the county selected by the prosecutor.
Answer: False
Objective: Summarize how the place and time of a trial are determined.
Page number: 144
Level: Basic
5. The accused may waive venue.
Answer: True
Objective: Explain when a defendant may want a change of venue.
Page number: 144
Level: Basic
6. If venue is not established by the prosecution at trial, it is considered as waived by the defendant. Answer: False
Objective: Explain when a defendant may want a change of venue.
Page number: 144
Level: Intermediate
7. The prosecution may order a change in venue in order to ensure a fair trial.
Answer: False
Objective: Explain when a defendant may want a change of venue.
Page number: 145
Level: Basic
8. The Fourth Amendment assures the defendant the right to a speedy trial.
Answer: False
Objective: Describe the differences between speedy trial and statute of limitations.

43

Page number: 145
Level: Basic
9. The accused may waive his or her right to a speedy trial.
Answer: True
Objective: List the issues involved in determining if the defendant’s constitutional right to a speedy trial has been violated.
Page number: 146
Level: Basic
10. Any requests by the defendant for continuances must be approved by the state.
Answer: False
Objective: Explain the issues that a trial judge must consider in determining whether to grant a motion for a continuance.
Page number: 146
Level: Basic
11. The Supreme Court in Barker v. Wingo held that a 5-year gap between the murder and
Barker’s trial denied him his right to a speedy trial.
Answer: False
Objective: List the issues involved in determining if the defendant’s constitutional right to a speedy trial has been violated.
Page number: 147
Level: Intermediate
12. The right to a speedy trial is generically different from all of the other rights enshrined in the
Constitution for the protection of the accused.
Answer: True
Objective: Explain the differences between the constitutional and statutory right to a speedy trial.
Page number: 148
Level: Difficult
13. Even though the accused may be incarcerated in another state, he or she must be brought back for trial when he or she demands a speedy trial.
Answer: True
Objective: Discuss the steps that a state must take when the defendant is confined in another state. Page number: 150
Level: Intermediate

44

14. The statute of limitations places an absolute limit on the number of continuances that the state may be given.
Answer: False
Objective: Explain the issues that a trial judge must consider in determining whether to grant a motion for a continuance.
Page number: 153
Level: Intermediate
15. The statute of limitations places a limit on the time in which the prosecutive action must be started after the crime has been committed.
Answer: True
Objective: Describe the differences between speedy trial and statute of limitations.
Page number: 153-154
Level: Intermediate
16. The statute of limitations and the right to a speedy trial cover the same periods of time.
Answer: False
Objective: Describe the differences between speedy trial and statute of limitations.
Page number: 154
Level: Intermediate
Chapter 6 Essay
1. Explain the importance of venue.
Answer:
The Sixth Amendment provides for trial in the district where the crime was committed.
Venue is the geographic area where the trial should be held.
A defendant must file a motion to change venue as the first motion, or it is waived.
Objective: Explain when a defendant may want a change of venue.
Page number: 144
Level: Basic
2. Explain the accused’s right to a speedy trial.
Answer:
The Sixth Amendment provides a defendant the right to a speedy trial.
Speedy trial is not the same as the statute of limitations.
All states accord an accused the right to a speedy trial.
Barker v. Wingo (1972), 407 U.S. 514 established a 4-prong balancing test: length of delay; reasons for delay; assertion of the right by the accused; and prejudice to the accused. Objective: Explain the differences between the constitutional and statutory right to a speedy trial.

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Page number: 145-146
Level: Difficult
3. What are the differences between the right to a speedy trial and the statute of limitations?
Answer:
The statute of limitations is the period between commission of the crime and commencement of the action by the prosecution.
The right to a speedy trial begins at the entry of a not guilty plea and continues until a verdict has been rendered.
Objective: Describe the differences between speedy trial and statute of limitations.
Page number: 145; 153
Level: Difficult
4. What factors should a judge consider in deciding whether to grant a request for a continuance?
Answer:
Prejudice to either party by disappearance of evidence and/or witnesses
Time needed for each side to prepare their case
Objective: Explain the issues that a trial judge must consider in determining whether to grant a motion for a continuance.
Page number: 146
Level: Intermediate
5. Explain the importance of the Smith v. Hooey case.
Answer:
The accused is entitled to a speedy trial even if incarcerated in another state.
The accused must assert his or her right to a speedy trial.
Objective: Discuss the steps that a state must take when the defendant is confined in another state. Page number: 150
Level: Intermediate
6. What are the only two (2) exceptions to the notion that once the trial has begun, it is too late to file a motion to change venue?
Answer:
The jury panel is exhausted or becomes defective without a full jury being selected
Danger of violence taking place within the district
Objective: Discuss the constitutional requirements concerning the place of trial.
Page number: 145
Level: Difficult

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CHAPTER 7
Trial
Chapter 7 Multiple Choice
1. A trial by judge alone
a. Is called a court trial.
b. Violates the defendant’s right to a jury trial.
c. May be held in only capital cases.
d. May not be held if the charge involves a felony.
Answer: a
Objective: Differentiate between a bench and jury trial.
Page number: 161
Level: Basic
2. The U.S. Supreme Court has defined a petty case as one in which the
a. Maximum penalty is six months confinement.
b. Maximum penalty is five months or less.
c. Maximum penalty is only a fine.
d. Charge is a misdemeanor.
Answer: a
Objective: List what constitutes a petty offense.
Page number: 163
Level: Basic
3. The U.S. Supreme Court has held that a jury in a criminal trial may not be composed of less than a. 12 persons.
b. 9 persons.
c. 6 persons.
d. 5 persons.
Answer: c
Objective: Discuss the rules regarding the size of a jury.
Page number: 164
Level: Basic

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4. The accused is entitled to a public trial. A public trial is one in which
a. All members of the public may attend for a small fee.
b. The public press only attends in order to inform the public.
c. The public is free to attend.
d. The public may attend without paying admission fee.
Answer: c
Objective: Identify what constitutes a public trial.
Page number: 168
Level: Basic
5. The right of the accused to a jury trial is contained in what U.S. Constitutional Amendment?
a. First
b. Fifth
c. Sixth
d. Tenth
Answer: c
Objective: Explain the defendant’s right to a jury trial.
Page number: 167
Level: Intermediate
6. Which case below held that the prosecutor could not exclude from the jury a racial group solely because of their membership in the group?
a. United States v. Maxwell
b. Griffin v. California
c. Apprendi v. New Jersey
d. Batson v. Kentucky
Answer: d
Objective: Outline the jury selection process.
Page number: 169
Level: Intermediate
7. Which case held that the prosecutor could not use peremptory challenges to exclude potential jurors based on their gender?
a. Batson v. Kentucky
b. J.E.B. v. Alabama
c. Griffin v. California
d. Apprendi v. New Jersey
Answer: b
Objective: Outline the jury selection process.
Page number: 169
Level: Intermediate

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8. Which case held that that lie detector results were not admissible in criminal cases?
a. United States v. Maxwell
b. United States v. Scheffer
c. Apprendi v. New Jersey d Batson v. Kentucky
Answer: b
Objective: Summarize defendants’ rights.
Page number: 169
Level: Intermediate
9. Which case below held that the prosecutor could not comment on the defendant’s failure to testify? a. United States v. Maxwell
b. Griffin v. California
c. Apprendi v. New Jersey
d. Batson v. Kentucky
Answer: b
Objective: Summarize defendants’ rights.
Page number: 169
Level: Intermediate
10. Before a prosecutor releases information to the media, she should consider:
a. The reputation of others.
b. Protection of confidential information.
c. Potential prejudice to the pending case.
d. All of the above.
Answer: d
Objective: Discuss the right of the public and press to attend a criminal trial.
Page number: 175
Level: Difficult
Chapter 7 True-False
1. The U.S. Supreme Court has held that in all criminal cases the defendant has a right to a jury trial. Answer: True
Objective: Explain the defendant’s right to a jury trial.
Page number: 160
Level: Basic
2. A trial by judge alone is referred to as a jury trial.
Answer: False
Objective: Differentiate between a bench and jury trial.
Page number: 161
Level: Basic

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3. The U.S. Supreme Court has held that an accused may waive his or her right to a jury trial.
Answer: True
Objective: Discuss the procedure for waiving a jury trial.
Page number: 161
Level: Basic
4. A court trial is a trial held in the judge’s chambers.
Answer: False
Objective: Differentiate between a bench and jury trial.
Page number: 162
Level: Intermediate
5. The accused has a right to demand a court trial.
Answer: False
Objective: Discuss the procedure for waiving a jury trial.
Page number: 162
Level: Intermediate
6. The U.S. Supreme Court has held that a jury trial may not be composed of less than six persons. Answer: True
Objective: Discuss the rules regarding the size of a jury.
Page number: 164
Level: Basic
7. The right to trial by jury is part of the Fifth Amendment to the U.S. Constitution.
Answer: False
Objective: Explain the defendant’s right to a jury trial.
Page number: 167
Level: Intermediate
8. If no member of the public is present at a trial, the trial must be delayed until some member of the public is present to make it a public trial.
Answer: False
Objective: Discuss the right of the public and press to attend a criminal trial.
Page number: 168
Level: Difficult
9. A public trial has been described as one that is not secret.
Answer: True
Objective: Identify what constitutes a public trial.
Page number: 168
Level: Basic

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10. A gag order is an order to gag an unruly defendant.
Answer: False
Objective: Define terms related to the trial process.
Page number: 174
Level: Intermediate
Chapter 7 Essay
1. How did the right to trial by jury develop?
Answer:
In the late1700’s, colonists were being confronted by witnesses against them, and they resented interference by the King of England.
The colonists sought justice by presenting facts to a candid world.
Objective: Explain the defendant’s right to a jury trial.
Page number: 160
Level: Basic
2. What are the arguments for and against having juries composed of less than 12 persons?
Answer:
Although no known basis exists for choosing the number 12, it was accepted as part of common law.
Initially it was felt that a jury of fewer than 12 would deny a defendant due process.
Over time, since a defendant could waive his or her right to a jury trial, it was held that a defendant could also waive the right to a full 12-person jury.
The Supreme Court has since held that a jury must have a minimum of 6 persons.
Objective: Discuss the rules regarding the size of a jury trial.
Page number: 160; 325
Level: Intermediate
3. What are the advantages and disadvantages of a jury trial versus a court trial?
Answer:
Pro: it gives the accused a safeguard against a corrupt and overzealous prosecutor.
Pro: it allowed the common sense mentality of the community to prevail over the tutored but perhaps less sympathetic reaction of a single judge.
Con: in certain cases, the emotional content of the community might seek the maximum sentence rather than a reasonable sentence.
Objective: Differentiate between a bench and jury trial.
Page number: 160-161
Level: Difficult

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4. When may a state deny the defendant the right to a jury trial?
Answer:
In petty offense cases; see Duncan v. Louisiana (1968), 391 U.S. 145.
Objective: List what constitutes a petty offense.
Page number:
Level:
5. What is a public trial?
Answer:
It is a trial that is not secret.
It is a trial open to the public, as provided for in the Sixth Amendment.
However, there is no definition of a public trial given in the Sixth Amendment.
Objective: Identify what constitutes a public trial.
Page number: 167-168
Level: Intermediate

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CHAPTER 8
Assistance of Counsel
Chapter 8 Multiple Choice
1. The defendant in a misdemeanor case tried before a jury has the right:
a. Not to be tried in jail clothes.
b. To standby counsel.
c. To a public defender.
d. None of the above is correct.
Answer: a
Objective: Define terms associated with the right to counsel.
Page number: 181
Level: Intermediate
2. The Illinois v. Allen decision held that an unruly defendant could be:
a. Removed from the courtroom.
b. Gagged.
c. Held in contempt of court.
d. Any of the above.
Answer: d
Objective: Define terms associated with the right to counsel.
Page number: 183
Level: Intermediate
3. Once a trial has commenced and a defendant has knowingly and voluntarily absented himself or herself, the trial judge:
a. May continue with the trial.
b. Must declare a mistrial.
c. Must grant a continuance.
d. None of the above.
Answer: a
Objective: Summarize the right to self-representation and the issues involved with it.
Page number: 184
Level: Intermediate
4. The Cureton test requires:
a. The defendant to be present at all stages of the trial except the sentencing.
b. The defendant to be present during the main portion of the trial.
c. That a trial may continue without the defendant if it is shown that the defendant’s absence be knowingly and voluntary.
d. That at least the prosecutor be present.
Answer: c
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Objective: Summarize the right to self-representation and the issues involved with it.
Page number: 184
Level: Intermediate
5. When must the court appoint a counsel to represent the defendant?
a. In all felony cases
b. When defendant is indigent and faces potential punishment of confinement
c. In all criminal cases when defendant is poor
d. In all capital cases
Answer: b
Objective: Distinguish between appointed counsel and retained counsel.
Page number: 189
Level: Difficult
6. In which case did the U.S. Supreme Court hold that the defendant has the right to counsel during the course of any police interrogation?
a. Douglas v. California
b. Escobedo v. Illinois
c. Powell v. Alabama
d. Faretta v. California
Answer: b
Objective: Discuss when the state has an obligation to provide defendant with a counsel.
Page number: 191
Level: Intermediate
7. The U.S. Supreme Court has held that a defendant may waive the assistance of counsel and represent him or herself:
a. If he or she is unable to afford an attorney.
b. If he or she cannot find an attorney to take his or her case.
c. If the defendant knowingly and intelligently waives counsel.
d. Only in felony cases.
Answer: c
Objective: Summarize the right to self-representation and the issues involved with it.
Page number: 192
Level: Intermediate
8. The Faretta case authorized a trial judge to appoint standby counsel in which of the following situations? a. Only with consent of the defendant
b. Even over the objection of the defendant
c. Only in capital cases
d. Only in felony cases and with the approval of defendant
Answer: b
Objective: Discuss the functions of a standby counsel.
Page number: 193
Level: Difficult

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9. The U.S. Supreme Court has held that if a defendant represents himself or herself, the trial judge: a. Must assist the defendant regarding the rules of evidence.
b. Has no obligation to inform the defendant that the judge has no constitutional duty to assist the defendant.
c. Must appoint a standby attorney.
d. May appoint a standby attorney if the defendant does not object.
Answer: b
Objective: Summarize the right to self-representation and the issues involved with it.
Page number: 194
Level: Difficult
10. A defendant is entitled to effective counsel; a counsel is deemed ineffective during a criminal trial if the trial:
a. Was not error-free as to the defendant.
b. Was fundamentally unfair to the defendant.
c. Was performed by counsel not of the defendant’s choosing.
d. Was conducted for the defendant by a counsel who was not considered an expert in criminal matters.
Answer: b
Objective: Explain the right to effective counsel and the causes and problems of ineffective counsel. Page number: 198
Level: Intermediate
11. The test for effective assistance of counsel derived from which case below?
a. Miranda v. Arizona
b. Strickland v. Washington
c. Escobedo v. Illinois
d. Batson v. Kentucky
Answer: b
Objective: Explain the test for effective assistance of counsel.
Page number: 198
Level: Intermediate
Chapter 8 True-False
1. The Sixth Amendment gives the defendant the right to be present at his or her trial.
Answer: True
Objective: Define terms associated with the right to counsel.
Page number: 181
Level: Basic

55

2. The right to the assistance of counsel is embodied in the Fifth Amendment to the U.S.
Constitution.
Answer: False
Objective: Define terms associated with the right to counsel.
Page number: 181
Level: Intermediate
3. For many years, the interpretation of the right of the accused to be present during trial was so rigid that, if a defendant was not present, a trial had to be halted until he or she was in attendance. Answer: True
Objective: Define terms associated with the right to counsel.
Page number: 181
Level: Intermediate
4. Under the common law of England, one on trial for a felony was not entitled to the assistance of counsel.
Answer: True
Objective: Outline the development of the right to counsel.
Page number: 186
Level: Intermediate
5. At common law in England, an accused had the right to the assistance of counsel in misdemeanor cases.
Answer: True
Objective: Outline the development of the right to counsel.
Page number: 186
Level: Basic
6. For many years the constitutional guarantee to the assistance of counsel was interpreted to mean at trial time only and not before.
Answer: True
Objective: Outline the development of the right to counsel.
Page number: 188
Level: Intermediate
7. The constitutional guarantee to the assistance of counsel is made obligatory upon the states by the Fourteenth Amendment.
Answer: True
Objective: Outline the development of the right to counsel.

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Page number: 189
Level: Basic
8. An accused does not have the right to counsel in petty cases.
Answer: False
Objective: Discuss when the state has an obligation to provide defendant with a counsel.
Page number: 190
Level: Basic
9. An accused has the right to waive the assistance of counsel and represent him or herself.
Answer: True
Objective: Summarize the right to self-representation and the issues involved with it.
Page number: 191
Level: Basic
10. Faretta v. California held that a defendant must be provided counsel in felony cases.
Answer: False
Objective: Discuss when the state has an obligation to provide defendant with a counsel.
Page number: 191
Level: Difficult
11. To prevail in a claim of ineffective assistance of counsel, all a defendant must show is that he or she was convicted at the trial court.
Answer: False
Objective: Explain the right to effective counsel and the causes and problems of ineffective counsel. Page number: 198
Level: Difficult
Chapter 8 Essay
1. What action could or should a judge take when the defendant refuses to behave?
Answer:
The judge can remove the defendant from the courtroom.
The judge can bind and gag the defendant.
The judge can hold the defendant in contempt.
Objective: Summarize the right to self-representation and the issues involved with it.
Page number: 183
Level: Intermediate
2. What is the significance of the Coy v. Iowa decision?

57

Answer:
The Sixth Amendment allows the accused to face his or her accuser.
Placing a screen between the accused and his or her accuser violated the Sixth
Amendment.
Objective: Discuss when the state has an obligation to provide defendant with a counsel.
Page number: 185-186
Level: Intermediate
3. Explain the accused’s right to assistance of counsel.
Answer:
The Sixth Amendment accords the accused the right to counsel.
Gideon v. Wainwright (1963), 373 U.S. 335 extended this right to misdemeanors, and stated that the accused requires the guiding hand of counsel at every step in the proceedings against him.
However, before Gideon in Hamilton v. Alabama (1961), 368 U.S. 52, and after Gideon in Coleman v. Alabama (1970), 399 U.S. 1, the Supreme Court stated that the right to counsel exists at every critical stage of the proceeding.
Objective: Define terms associated with the right to counsel.
Page number: 187-191
Level: Difficult
4. When does the right to counsel begin?
Answer:
It begins long before the time of trial.
It begins when the investigation shifts from investigatory to accusatory.
Objective: Define terms associated with the right to counsel.
Page number: 196
Level: Difficult
5. What is the significance of the Escobedo decision?
Answer:
It clarifies when the right to counsel begins.
It points out the right to counsel during any police investigation.
Objective: Define terms associated with the right to counsel.
Page number: 191, 196
Level: Difficult
6. Explain the test for effective assistance of counsel.
Answer:
First, the defendant must show that counsel’s performance was deficient.

58

Second, the defendant must show that counsel’s deficient performance prejudiced the defense. Strickland v. Washington (1984), 466 U.S. 668 covers the point.
Objective: Explain the right to effective counsel and the causes and problems of ineffective counsel. Page number: 198
Level: Difficult

59

CHAPTER 9
Pretrial Motions, Hearings, and Plea Negotiations
Chapter 9 Multiple Choice
1. The right of pretrial discovery was originally granted to the defendant upon the theory that the right would assist the defendant:
a. In obtaining the names of key witnesses.
b. In suppressing unfavorable testimony.
c. In establishing an alibi.
d. In the preparation of his or her case and would aid in obtaining a fair trial.
Answer: d
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 204
Level: Intermediate
2. In states where pretrial discovery is not recognized, generally the defendant must rely on:
a. Arraignment.
b. Preliminary hearing.
c. Trial judge’s discretion.
d. None of the above are correct.
Answer: b
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 205
Level: Basic
3. The right of pretrial discovery may come into being by:
a. Legislative action.
b. Appellate court decisions.
c. Appellate court decisions and/or legislative actions.
d. Executive fiat.
Answer: c
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 205
Level: Intermediate
4. The chief argument against granting the prosecution any right of discovery is that the right would be compelling the defendant to:
a. Be a witness against himself or herself.
b. Reveal the weakness in the defense case.
c. Subject the witnesses to harassment.
d. Reveal an alibi defense.
Answer: a
Objective: Discuss the prosecution’s right to pretrial discovery.

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Page number: 206
Level: Basic
5. The police searched Jerry’s home without a warrant and found drugs under his bed. To contest the legality of the search, his counsel may file a motion to:
a. Censure the police officers.
b. Admit the evidence.
c. Suppress the evidence.
d. Determine the legality of the search.
Answer: c
Objective: Identify and explain the importance of evidentiary motions.
Page number: 210
Level: Basic
6. Whether or not a continuance is granted is based on:
a. Needs of the prosecution.
b. Needs of the defense.
c. Needs of the jury.
d. The discretion of the trial judge.
Answer: d
Objective: Explain the various motions that may be made by counsel.
Page number: 212
Level: Intermediate
7. When the prosecutor enters a nolle prosequi, he or she takes the following action:
a. Demands a swift trial.
b. Requests that the trial court dismiss the action.
c. Requests that the trial court censure the defense for misconduct.
d. Request that the trial court immediately issue a ruling on the motion.
Answer: b
Objective: Discuss the prosecutor’s right to pretrial discovery.
Page number: 212
Level: Intermediate
8. Most state laws generally provide that a continuance may not be granted except:
a. On request of the defendant.
b. On request of the prosecutor.
c. As needed to effectuate the ends of justice.
d. On request of the trial judge.
Answer: c
Objective: Identify and explain the importance of evidentiary motions.
Page number: 212
Level: Basic
9. Two defendants are being tried together for the robbery of a bank. The defendants do not want to be tried at the same time in the same court. Their counsel should submit a motion for:

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a. Joinder of offences.
b. Joinder of defendants.
c. Severance of offenses.
d. Severance.
Answer: d
Objective: Identify and explain the importance of evidentiary motions.
Page number: 214
Level: Intermediate
10. If the competency of the defendant is in question:
a. The proceeding is stopped until the issue of competency is determined.
b. A plea of not guilty by reason of insanity is entered.
c. The defendant must be placed in a mental hospital.
d. The trial proceeds with the defense having the assistance of a psychiatrist.
Answer: a
Objective: Identify and explain the importance of evidentiary motions.
Page number: 215
Level: Difficult
Chapter 9 True-False
1. Few motions are filed in criminal cases.
Answer: False
Objective: Identify and explain the importance of evidentiary motions.
Page number: 204
Level: Basic
2. The right of discovery permits the opposite side to inspect the evidence held by the opposition. Answer: True
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 204
Level: Basic
3. The right of discovery existed at common law.
Answer: False
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 204
Level: Basic
4. The right of discovery was created primarily for the benefit of the prosecution.
Answer: False

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Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 204
Level: Basic
5. The right of discovery comes into being by legislative action only.
Answer: False
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 205
Level: Intermediate
6. The U.S. Supreme Court has sanctioned the right of discovery by the prosecution.
Answer: True
Objective: Discuss the prosecutor’s right to pretrial discovery.
Page number: 207
Level: Intermediate
7. The most frequently used reason to request the suppression of evidence is that the evidence was unlawfully seized.
Answer: True
Objective: Identify and explain the importance of evidentiary motions.
Page number: 210
Level: Basic
8. If the accused commits a series of crimes of the same nature, those crimes may not be tried together. Answer: False
Objective: Identify and explain the importance of evidentiary motions.
Page number: 213
Level: Basic
9. If two or more persons jointly commit a crime, they must be tried together.
Answer: False
Objective: Identify and explain the importance of evidentiary motions.
Page number: 214
Level: Basic
10. The U.S. Supreme Court has not sanctioned plea bargaining.
Answer: False
Objective: List and explain the issues involved in plea bargaining.
Page number: 216

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Level: Basic
Chapter 9 Essay
1. What pretrial discovery rights does the accused have in a criminal case?
Answer:
The right to best prepare his or her case for trial
The right to eliminate game-playing and surprises
The right to inspect the evidence against him or her
The right to the names and addresses of witnesses the prosecution intends to call
The right to inspect and copy statements made to governmental officers
Objective: Discuss the defendant’s right to pretrial discovery.
Page number: 204
Level: Difficult
2. What pretrial discovery rights does the prosecution have?
Answer:
The right to eliminate game-playing and surprises
The right to the names and addresses of defendant’s alibi witnesses
Federal Rule 16 of Criminal Procedure grants the government almost the identical rights of pretrial discovery that are granted to the defendant.
Page number: 206
Objective: Discuss the prosecutor’s right to pretrial discovery.
Level: Difficult
3. Explain the purpose and possible grounds for a motion to suppress.
Answer:
The purpose is to keep unlawfully seized evidence out of the trial.
Grounds include unlawfully seized evidence, including evidence seized without a warrant. Objective: Identify and explain the importance of evidentiary motions.
Page number: 209-212
Level: Intermediate
4. Under what circumstances would the defendant make a motion to dismiss charges?
Answer:
The interests of justice may so require it.
The original allegation may be unfounded.
The evidence may have been unlawfully obtained.
A material witness may no longer be available to testify.
Objective: Identify and explain the importance of evidentiary motions.
Page number: 212

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Level: Difficult
5. What are some of the possible grounds for a motion for a continuance?
Answer:
The interests of justice may so require it.
To obtain the effective assistance of counsel
To obtain newly discovered evidence.
The defendant is incompetent to testify at the time of trial.
Objective: Identify and explain the importance of evidentiary motions.
Page number: 212-213
Level: Difficult

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CHAPTER 10
Courtroom Evidence
Chapter 10 Multiple Choice
1. For evidentiary purposes, a person who makes a statement is considered as:
a. Declarant.
b. An expert witness.
c. A lay witness.
d. A proponent.
Answer: a
Objective: Explain the difference between lay and expert witness.
Page number: 225
Level: Basic
2. Federal Rule of Evidence 102 establishes a principle of flexibility in the application of the rules of evidence. A similar rule:
a. Does not exist in any state courts.
b. Does not exist in most state courts.
c. Exists in a few state courts.
d. Exists in most state courts.
Answer: d
Objective: Describe the purposes of the Rules of Evidence.
Page number: 225
Level: Difficult
3. Which of the below statements is NOT an exception to the general rules on the inadmissibility of hearsay?
a. Affidavits to show grounds for issuing warrants.
b. Statement made for the purpose of medical diagnosis.
c. A memorandum used to refresh recollection.
d. A statement that was prepared by counsel for trial preparation purposes.
Answer: d
Objective: Explain what constitutes hearsay evidence.
Page number: 226
Level: Difficult
4. A ruling on evidence cannot be assigned as error unless:
a. A substantial right is affected.
b. The nature of the error was called to the attention of the trial judge.
c. Both a. and b. are correct.
d. None of the above statements are correct.
Answer: c
Objective: Identify and discuss the various rulings on evidence.

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Page number: 228
Level: Difficult
5. Which of the below statements of fact may a trial court take judicial notice?
a. The defendant has a prior felony conviction.
b. The City of New York is located in the State of New York.
c. The victim died on a Wednesday night.
d. The defendant has made a voluntary confession.
Answer: b
Objective: Understand the concept of judicial notice.
Page number: 230
Level: Basic
6. Relevant evidence may be excluded on the grounds of:
a. Prejudice.
b. Confusion.
c. To admit the evidence would be a waste of time.
d. All of the above are reasons to exclude relevant evidence.
Answer: d
Objective: Explain what constitutes relevant evidence.
Page number: 231
Level: Intermediate
7. Character evidence may be admissible to establish:
a. That defendant acted in conformity to his reputation.
b. Motive.
c. That defendant is a bad person.
d. None of the above statements are correct.
Answer: b
Objective: Discuss the concept of fairness as it relates to the admissibility of evidence.
Page number: 232
Level: Intermediate
8. Under a rape shield statute, when the victim is testifying, generally which of the below questions is not admissible?
a. Did you consent to the sex act in question?
b. Have you had sex with other men?
c. Have you ever made a false accusation of rape?
d. Do you know the defendant in this case?
Answer: b
Objective: Discuss the concept of fairness as it relates to the admissibility of evidence.
Page number: 232
Level: Intermediate
9. Invoking the rule means that:
a. Witnesses have a right to hear the testimony of other witness.

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b. Witnesses are excluded from the courtroom when other witnesses are testifying.
c. Defendant will be excluded from the courtroom when the victim is testifying.
d. Defendant must be present for any testimony.
Answer: b
Objective: Summarize the rules for presenting evidence during a trial.
Page number: 237
Level: Basic
10. Expert testimony is:
a. Always accepted by the court.
b. Never accepted by the court.
c. Admissible if a reasonable person could understand the testimony.
d. Required to be relied upon by other experts in the field.
Answer: d
Objective: Explain the difference between lay and expert witnesses.
Page number: 239
Level: Difficult
Chapter 10 True-False
1. A trial judge has the discretion to fashion evidentiary procedures to deal with situations not specifically covered by the rules of evidence.
Answer: True
Objective: Identify and discuss the various rulings on evidence.
Page number: 225
Level: Basic
2. Hearsay is never admissible in a criminal trial.
Answer: False
Objective: Identify and discuss the various rulings on evidence.
Page number: 226
Level: Intermediate
3. Former testimony is not considered as hearsay.
Answer: True
Objective: Identify and discuss the various rulings on evidence.
Page number: 227
Level: Intermediate
4. The fairness rule requires the exclusion of certain portions of a statement when the statement is admitted into evidence.
Answer: False

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Objective: Discuss the concept of fairness as it relates to the admissibility of evidence.
Page number: 230
Level: Intermediate
5. Relevant evidence may be excluded by the trial judge if he or she considers that the evidence will waste the court or jury’s time.
Answer: True
Objective: Identify and discuss the various rulings on evidence.
Page number: 231
Level: Basic
6. Evidence that a defendant is a bad character is generally admissible to establish that defendant committed the crime being charged.
Answer: False
Objective: Identify and discuss the various rulings on evidence.
Page number: 232
Level: Basic
7. Under modern rules of evidence, the general rule is that all persons are competent to testify.
Answer: True
Objective: Identify and discuss the various rulings on evidence.
Page number: 233
Level: Basic
8. A non-expert witness may never be allowed to testify as to his or her opinion on a relevant issue before the court.
Answer: False
Objective: Explain the difference between lay and expert witnesses.
Page number: 234
Level: Difficult
9. Impeachment is a legal term referring to the process of establishing that a witness has a tendency to testify correctly or accurately.
Answer: False
Objective: Identify and discuss the various rulings on evidence.
Page number: 235
Level: Intermediate
10. Pursuant to the best evidence rule, a photocopy is always just as good as the original.
Answer: False

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Objective: Summarize the rules for presenting evidence during a trial.
Page number: 240
Level: Basic
11. The phrase “chain of custody” means that a defendant who has been arrested must be kept in custody in chains until he or she is safely in a jail cell.
Answer: False
Objective: Summarize the rules for presenting evidence during a trial.
Page number: 242
Level: Intermediate
Chapter 10 Essay
1. Explain the rationale for the hearsay rule.
Answer:
Without the witness being under oath, hearsay evidence is unreliable.
Without the witness being subject to cross examination, hearsay evidence is unreliable.
Objective: Explain what constitutes hearsay testimony.
Page number: 226
Level: Basic
2. Why do courts use the concept of judicial notice?
Answer:
To save time when a fact is so well-known it needs no evidence to be proven.
To save time when a law is so well-known it needs no evidence to be proven.
Objective: Understand the concept of judicial notice.
Page number: 230
Level: Intermediate
3. Explain the purpose of the rape shield laws.
Answer:
To protect a victim from harm or embarrassment when testifying about her rape.
To prevent the introduction of evidence of other sexual behavior or sexual predisposition.
Objective: Identify and discuss the various rulings on evidence.
Page number: 232
Level: Difficult
4. What is the effect on the evidence when a witness is impeached?
Answer:
Since the witness’ testimony has become questionable, the evidence introduced based on that witness has also become questionable.

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Objective: Identify and discuss the various rulings on evidence.
Page number: 235
Level: Intermediate
5. What are the essential differences between lay and expert witnesses?
Answer:
A lay witness needs no special knowledge and can testify
a) Rationally based on his or her own perceptions
b) To matters helpful to a clear understanding of a fact in issue
c) Not based on scientific, technical or other specialized knowledge
An expert witness does need special knowledge and
a) Testifies based on sufficient facts or date
b) The testimony is the product of reliable principles and methods
c) The witness has applied the principles and methods reliably to the facts of the case Objective: Explain the difference between lay and expert witnesses.
Page number: 237-239
Level: Difficult
6. Explain the best evidence rule.
Answer:
The original of a document (including a duplicate original) must be introduced if available. Photocopies are generally inadmissible because of errors in photocopying.
Objective: Summarize the rules for presenting evidence during a trial.
Page number: 240
Level: Intermediate

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CHAPTER 11
Trial: Roles of Major Participants
Chapter 11 Multiple Choice
1. Our justice system is known as an adversarial system which means that:
a. There are two sides.
b. An agreement may be made with the adversary for plea-bargaining.
c. The jury system is adverse to a court trial.
d. In most trials the judge is adverse to one side or the other.
Answer: a
Objective: Explain the adversarial relationship between the prosecution and the defense.
Page number: 246
Level: Basic
2. A trial judge has the duty to see that the:
a. Defendant gets a perfect trial.
b. Defendant gets a fair trial.
c. Defendant’s interests are protected when there is a not guilty finding.
d. Defense witnesses do not commit perjury.
Answer: b
Objective: Discuss the duties and responsibilities of the judge.
Page number: 248
Level: Basic
3. A trial judge may hold a person in direct contempt when:
a. The person fails to obey a written order from the court.
b. The person fails to appear in court when so ordered.
c. The person commits an act of misconduct in open court before the judge.
d. All of the above situations.
Answer: c
Objective: Discuss the duties and responsibilities of the judge.
Page number: 250
Level: Intermediate
4. In which case listed below did the U.S. Supreme Court establish the principle that indigent defendants have the right to an appointed attorney in all felony cases?
a. Brady v. Maryland
b. Gideon v. Wainwright
c. Brown v. Topeka Board of Education
d. Argersinger v. Hamlin
Answer: b
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 258
Level: Intermediate
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5. The basic types of defense attorney include:
a. Assigned
b. Public defenders
c. Private
d. Contract
e. All of the above
Answer: e
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 258
Level: Basic
6. Which amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions?
a. First Amendment
b. Second Amendment
c. Fourth Amendment
d. Sixth Amendment
Answer: d
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 258
Level: Basic
7. In which of the cases did the Supreme Court hold that all defendants have a right to counsel even in misdemeanor cases?
a. Brady v. Maryland
b. Gideon v. Wainwright
c. Brown v. Topeka Board of Education
d. Argersinger v. Hamlin
Answer: d
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 258
Level: Intermediate
8. Which of the below statements is privileged?
a. Statement by accused telling his attorney that he committed the crime.
b. Statement by accused telling his attorney that he plans to rob a bank tomorrow.
c. Statement to the police regarding the accused’s presence at the scene of the crime.
d. Both a and b are privileged statements.
Answer: a
Objective: Explain the adversarial relationship between the prosecution and defense.
Page number: 259
Level: Difficult
9. Assistants to trial judges who may hold hearing on motions are called:
a. Legal assistants.

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b. Court clerks.
c. Court commissioners.
d. Bailiffs.
Answer: c
Objective: Summarize the duties of a court commissioner.
Page number: 260
Level: Difficult
10. The officer of the court that is responsible to maintain all records of a particular court is the:
a. Bailiff.
b. Clerk.
c. Reporter.
d. Trial judge.
Answer: b
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 260
Level: Basic
Chapter 11 True-False
1. The terms “judge” and “court” are often used interchangeably.
Answer: True
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 247
Level: Basic
2. When a judge abuses his or her power, the only corrective action that may be taken is to impeach the judge.
Answer: False
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 247
Level: Basic
3. Direct contempt of court is an act of misconduct committed in front of the judge.
Answer: True
Objective: Discuss the duties and responsibilities of the judge.
Page number: 250
Level: Basic
4. Indirect and constructive contempt are synonymous terms.
Answer: True
Objective: Discuss the duties and responsibilities of the judge.

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Page number: 251
Level: Basic
5. Indirect contempt is an act that occurs outside the presence of the judge.
Answer: True
Objective: Discuss the duties and responsibilities of the judge.
Page number: 252
Level: Basic
6. Before a person can be held guilty of indirect contempt a hearing must be held.
Answer: True
Objective: Discuss the duties and responsibilities of the judge.
Page number: 252
Level: Basic
7. Because of the supervisory powers of the judge, the prosecuting attorney has little power.
Answer: False
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 255
Level: Intermediate
8. The first function of the prosecutor is to convict the defendant.
Answer: False
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 256
Level: Intermediate
9. In most jurisdictions, if the prosecutor fails to perform his or her duties, the state attorney general may prosecute local cases.
Answer: True
Objective: Explain the functions of a state attorney general.
Page number: 257
Level: Difficult
10. The court clerk as an officer of the court is not an important participant in the trial proceedings. Answer: False
Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 260
Level: Intermediate

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Chapter 11 Essay
1. Explain our adversary system.
Answer:
This simply means that each case has 2 sides.
In all criminal prosecutions the state or government is the plaintiff.
Objective: Explain the adversarial relationship between the prosecution and defense.
Page number: 246
Level: Basic
2. What are the functions of the trial judge?
Answer:
The judge conducts the initial appearance, preliminary hearings, and the arraignment.
The judge has the duty to ensure that justice is carried out.
The judge will supervise the selection of any prospective jurors.
The judge will sustain or overrule objections made by either attorney.
The judge will charge the jury with instructions once the attorneys rest.
Objective: Discuss the duties and responsibilities of the trial judge.
Page number: 248-250
Level: Intermediate
3. Under what circumstances should a judge use his or her contempt power?
Answer:
Contempt is an act that is disrespectful to the court or adversely affects the administration of justice. Contempt is used sparingly.
Contempt is appropriate for disorderly conduct or witnesses who refuse to testify.
Indirect contempt, which does not occur in the presence of the judge, requires a hearing.
Objective: Discuss the duties and responsibilities of the trial judge.
Page number: 250-252
Level: Intermediate
4. What role should the victim play in the trial proceedings?
Answer:
The victim is often a forgotten party, with most attention being focused on the defendant.
Victims of crime often have many questions which deserve to be addressed.
Victim impact statements are modernly admissible to show the full effects of the defendant’s criminal conduct.
Objective: Discuss the role of the victim in a trial.
Page number: 252; 395-398
Level: Difficult

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5. What are the duties and responsibilities of the defense counsel?
Answer:
Defense counsel represents the rights and interests of the defendant.
Defense attorneys are required to provide effective assistance at every critical stage of the proceedings. Objective: Describe the roles and responsibilities of the major trial participants.
Page number: 258
Level: Difficult

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CHAPTER 12
Jury
Chapter 12 Multiple Choice
1. A prospective juror in almost all cases may be challenged for cause because he or she:
a. Feels that as a juror his or her business will suffer.
b. Is not opposed to the death penalty.
c. Is opposed to the death penalty.
d. Has a preconceived idea that the defendant is innocent.
Answer: d
Objective: Identify the reasons that a potential juror may be challenged for cause.
Page number: 273
Level: Intermediate
2. Although the word “peers” is nowhere in the Constitution, modernly a jury of one’s peers actually means:
a. A defendant’s equals.
b. Those chosen from the county where the crime was committed.
c. Those representing a cross-section of the community where the trial is held.
d. Associates of the defendant.
Answer: c
Objective: Explain the meaning of “a jury of one’s peers.”
Page number: 267
Level: Intermediate
3. The right to excuse a prospective juror without stating a cause is:
a. Known as voir dire.
b. Known as a peremptory challenge.
c. Permitted if the prosecution does not object.
d. Not permitted in a criminal case.
Answer: b
Objective: Define peremptory challenges and discuss the restrictions on the use of peremptory challenges. Page number: 277
Level: Basic
4. Possible qualifications to act as a juror: (1) citizen of the U.S., (2) 18 years old or older, (3) resident of the district in which the trial is held, and (4) of the same race as the defendant.
Which of the above are necessary qualifications for a juror?
a. 1, 2, & 3
b. 1 & 3 only
c. 1, 2, 3, & 4
Answer: a
Objective: Explain how a jury panel is selected.
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Page number: 269
Level: Difficult
5. The provision of a “jury of one’s peers” originated in a provision of the:
a. U.S. Bill of Rights.
b. English Bill of Rights.
c. Magna Carta.
d. U.S. Constitution.
Answer: c
Objective: Explain the meaning of “a jury one’s peers.”
Page number: 266
Level: Basic
6. The Supreme Court, in Fay v. New York held that a defendant had a right to:
a. A trial jury selected from his or her economic class.
b. A trial jury selected from his or her social class.
c. Representation on the jury of persons of the same racial group.
d. None of the above is correct.
Answer: d
Objective: Explain how a jury panel is selected.
Page number: 267
Level: Difficult
7. The U.S. Supreme Court has held that a defendant has a right to:
a. A jury composed of both men and women.
b. A jury composed of members from other minority groups.
c. A jury composed of young people.
d. None of the above.
Answer: d
Objective: Explain how a jury panel is selected.
Page number: 267
Level: Intermediate
8. Which of the below statements is true regarding challenging jurors for cause?
a. The defense has unlimited challenges for cause.
b. The prosecution may not challenge a potential juror for cause.
c. Both sides may not challenge a potential juror for cause and when the challenge is denied, then peremptory challenge the juror.
d. All of the above statements are true.
Answer: a
Objective: Identify the reasons that a potential juror may be challenged for cause.
Page number: 272
Level: Difficult
9. Which of the below cases placed restrictions on the use of race-based peremptory challenges by counsel?

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a. Brady v. Maryland
b. Gideon v. Wainwright
c. Batson v. Kentucky
d. Argersinger v. Hamlin
Answer: c
Objective: Define peremptory challenges and discuss the restrictions on the use of peremptory challenges. Page number: 277
Level: Intermediate
10. The primary reason that a trial judge would sequester the jury is:
a. To protect the prosecution’s case.
b. To prevent defendant from receiving a just verdict.
c. To protect the jury from outside influence.
d. To comply with requests from counsel.
Answer: c
Objective: Explain the rationale behind the sequestering of a jury.
Page number: 281
Level: Basic
11. Which of the following cases stands for the proposition that peremptory challenges may not be used to exclude prospective jurors on the basis of gender?
a. J.E.B v. Alabama
b. Batson v. Kentucky
c. Miranda v. Arizona
d. Brady v. Maryland
Answer: a
Objective: Define peremptory challenges and discuss the restrictions on the use of peremptory challenges. Page number: 279
Level: Intermediate
Chapter 12 True-False
1. The right to trial by jury is contained in the Fifth Amendment.
Answer: False
Objective: Outline the jury selection process.
Page number: 266
Level: Basic
2. A jury panel is the room where prospective jurors wait during pretrial hearings.
Answer: False
Objective: Explain the rationale behind the sequestering of a jury.
Page number: 268

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Level: Basic
3. To be qualified for jury duty, the person must be a U.S. citizen.
Answer: True
Objective: Explain how a jury is selected.
Page number: 269
Level: Basic
4 In most states, to be qualified for jury duty the individual must vote and own property.
Answer: False
Objective: Explain how a jury is selected.
Page number: 269
Level: Intermediate
5. One of the most frequent challenges for cause of a prospective juror is that the individual may have a preconceived opinion as to guilt or innocence.
Answer: True
Objective: Identify the reasons that a potential juror may be challenged for cause.
Page number: 272-273
Level: Basic
6. Prior to the 1920s, women were not allowed to serve on juries.
Answer: True
Objective: explain how a jury panel is selected.
Page number: 267
Level: Basic
7. The origin of a jury of one’s peers stems from the Magna Carta.
Answer: True
Objective: Explain the meaning of “a jury of one’s peers.
Page number: 266
Level: Basic
8. Each side has an unlimited number of challenges for cause.
Answer: True
Objective: Identify the reasons that a potential juror may be challenged for cause.
Page number: 272
Level: Difficult
9. Each side has a limited number of peremptory challenges.

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Answer: True
Objective: Define peremptory challenges and discuss the restrictions on the use of peremptory challenges. Page number: 277
Level: Difficult
10. If an alternate juror is selected, the alternate does not have to attend the trial until he or she is substituted for an incapacitated juror.
Answer: False
Objective: Explain how a jury panel is selected.
Page number: 281
Level: Difficult
Chapter 12 Essay
1. What is the meaning of the phrase “a jury of one’s peers?”
Answer:
The phrase originated with the Magna Carta in England to distinguish noblemen from commoners. Modernly, it has been defined as a jury of one’s equals. Further, some state that the phrase means a jury made up of a cross-section of the community.
Keep in mind, the word “peers” does not appear in the Constitution.
Objective: Explain the meaning of “a jury of one’s peers.”
Page number: 266
Level: Intermediate
2. What are the qualifications to be a jury member?
Answer:
Although the requirements vary from state to state, most require the person to be 18 years of age, a U.S. citizen, and a resident of the judicial district in which the case is situated.
Disqualifications from jury duty include but are not limited to being an alien, having been convicted of malfeasance in office, or of any felony or other high crimes.
Objective: Outline the jury selection process.
Page number: 269-270
Level: Difficult
3. What are some of the exemptions from jury service?
Answer:
Members of legislative bodies, members of the armed services, attorneys and their staffs
Ministers and priests, teachers, physicians, correctional officers, law enforcement officers, mail carriers, and most public officers of local, state and federal government
Objective: Explain how a jury panel is selected.

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Page number: 271-272
Level: Difficult
4. What are the common grounds for challenging prospective jury members for cause?
Answer:
Bias; preconceived notions about the defendant’s guilt; opposition to the death penalty
Objective: Identify the reasons that a potential juror may be challenged for cause.
Page number: 272-278
Level: Difficult
5. Explain the restrictions placed on counsel when using peremptory challenges.
Answer:
Each side has a limited number of peremptories.
Peremptories may not be used to exclude potential jurors based on race. See Batson
v.Kentucky (1986), 476 U.S. 79.
Peremptories may not be used to exclude potential jurors based on gender. See J.E.B. v.
Alabama (1994), 511 U.S. 127.
Objective: Define peremptory challenges and discuss the restrictions on the use of peremptory challenges. Page number: 276-279
Level: Difficult

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CHAPTER 13
Trial Procedure
Chapter 13 Multiple Choice
1. If the witness objects to taking an oath, the trial judge may:
a. Disqualify the witness.
b. Order the witness to take an oath.
c. Allow the witness to make an affirmation.
d. Gag the witness.
Answer: c
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 293
Level: Intermediate
2. Direct examination means:
a. Asking witnesses direct questions.
b. Questioning by the side that called the witness.
c. Asking questions to which a direct answer must be given.
d. Directing or leading the witness toward the answer desired.
Answer: b
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 294
Level: Basic
3. A leading question is one which:
a. Indicates the answer desired.
b. Leads into the next question.
c. Leads the jury to believe the witness will answer truthfully.
d. Is used mostly during direct examination.
Answer: a
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 294
Level: Basic
4. If a defendant does not take the stand in his or her own behalf:
a. It means that he or she is guilty.
b. His or her failure to do so may not be commented on by the prosecution.
c. It means that he or she has no defense.
d. It means that his or her alibi defense has failed to materialize.
Answer: b
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 300
Level: Basic

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5. When the judge sustains an objection to a question, it means:
a. That the question may be answered.
b. That the question should not be answered.
c. That the witness must wait until the judge makes up his or her mind.
d. That the witness is in contempt of court.
Answer: b
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 295
Level: Basic
6. After the prosecution has completed its redirect examination of a witness, the defense may then conduct:
a. Cross-examination.
b. Redirect cross-examination.
c. Recross-examination.
d. Concluding examination.
Answer: c
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 297
Level: Basic
7. After prosecution rests and the defense presents its evidence, the prosecution may then:
a. Forward the case directly to the jury.
b. Present rebuttal evidence.
c. Rest.
d. Both b and c are correct.
Answer: d
Objective: Explain the functions of closing arguments.
Page number: 301
Level: Difficult
8. An out of court statement taken of a witness under oath and before a court reporter and the counsel is called a/an:
a. Admission.
b. Declaration.
c. Deposition.
d. Affirmation.
Answer: c
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 302
Level: Intermediate
9. When the defendant claims that he did not know that what he was doing was wrong, he is invoking what insanity test?
a. Durham
b. M’Naghten

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c. ALI
d. Substantial capacity
Answer: b
Objective: Explain the consequences of a finding of not guilty by reason of insanity.
Page number: 304
Level: Intermediate
10. Which below standard is presently used in federal courts?
a. Right from wrong test
b. Could not control his or her conduct test
c. Lacks substantial capacity to appreciate the wrongfulness of the conduct
d. Lacks capacity to appreciate the wrongfulness of the conduct.
Answer: d
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 304
Level: Difficult
Chapter 13 True-False
1. The purpose of the opening statement is to outline the evidence that is to be introduced during the trial.
Answer: True
Objective: Explain the purpose of opening statements.
Page number: 288
Level: Basic
2. Statements made by counsel during opening statements may be considered by the jurors as evidence. Answer: False
Objective: Explain the purpose of opening statements.
Page number: 288
Level: Intermediate
3. The meaning of the term “reasonable doubt” is easy to define.
Answer: False
Objective: Discuss the concept of reasonable doubt and the burden of proof.
Page number: 289
Level: Basic
4. Because of the right of confrontation most of the evidence presented by the prosecution during a trial will be through the testimony of witnesses.
Answer: True

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Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 290
Level: Difficult
5. A subpoena and a subpoena duces tecum serve the exact same purpose.
Answer: False
Objective: List the purposes of subpoenas.
Page number: 291
Level: Intermediate
6. Witnesses may be excluded from the courtroom to minimize corroboration of testimony.
Answer: True
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 292
Level: Intermediate
7. If a witness does not want to take an oath, the witness may make an affirmation.
Answer: True
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 293
Level: Basic
8. A witness has a right to not incriminate him or herself.
Answer: True
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 297
Level: Basic
9. Incriminating questions includes questions which would subject the witness to embarrassment.
Answer: False
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 297
Level: Intermediate
10. Leading questions may be asked of a hostile witness during direct examination.
Answer: True
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 294
Level: Basic

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11. A person must be served with a subpoena in order to be a witness.
Answer: False
Objective: List the purpose of subpoenas.
Page number: 292
Level: Basic
Chapter 13 Essay
1. What are the functions of the opening statement?
Answer:
It is an opportunity for the prosecutor to further explain the charge against the defendant.
It is an opportunity for the defense to explain why the defendant is not guilty.
Objective: Explain the purposes of opening statements.
Page number: 288
Level: Basic
2. Explain the differences between lay and expert witnesses.
Answer:
A lay witness is a person who is qualified to testify based upon his or her own observations and knowledge; no scientific knowledge is required.
An expert witness is a person who has specialized training to be able to testify as to scientific or technical knowledge not within the lay witness’ experience.
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 291
Level: Difficult
3. How does direct examination of a witness differ from cross-examination of the witness?
Answer:
Direct examination is questioning by the side who called the witness.
Cross examination is questioning by the other side.
Absent limited exceptions, leading questions may not be asked on direct examination.
Leading questions may be asked on cross examination.
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 294-295
Level: Difficult
4. How does an attorney impeach a witness?
Answer:
A witness may be impeached when his or her testimony contradicts his or her prior testimony or is colored because of some prejudice.
Objective: Describe the presentation of testimony and the examination of witnesses.
Page number: 206

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Level: Intermediate
5. Explain the purposes of closing arguments.
Answer:
These are merely a summarization of the evidence presented during trial.
Often, attorneys feel closing arguments make or break the case for their side.
Objective: Explain the functions of closing arguments.
Page number: 308
Level: Intermediate

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CHAPTER 14
Instructions and Deliberation of the Jury
Chapter 14 Multiple Choice
1. The judge has the responsibility of instructing the jury in a language that is:
a. Requested by the defendant.
b. Required by statute.
c. Understood by a majority of the jurors.
d. Clear and understandable.
Answer: d
Objective: Summarize instructions to and deliberations of a jury.
Page number: 314
Level: Basic
2. The following persons may be present in the jury room during deliberations:
a. The judge and jurors only
b. The jurors and the attorneys
c. The jurors only
d. The marshal and the jurors
Answer: c
Objective: List the materials that may be taken into the jury’s deliberation room.
Page number: 316
Level: Basic
3. How long the jury may deliberate on a case before reaching a verdict depends on:
a. How convincing the evidence may have been.
b. How much the jurors believed the defendant.
c. How much time the judge gives them.
d. How good the attorneys were.
Answer: a
Objective: Discuss the Allen instructions and why a judge would give an Allen charge,
Page number: 320
Level: Intermediate
4. Which of the statements below is correct regarding comments by the judge on the evidence?
a. States differ in permitting a judge to comment on the evidence.
b. All states allow the judge to comment on the strength of the evidence.
c. No state allows the judge to comment on the strength of the evidence.
d. Any comment by the judge must be made before the evidence is entered into the trial.
Answer: a
Objective: Explain the restrictions on a judge’s ability to comment on the evidence.
Page number: 315
Level: Difficult

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5. The duties of the foreperson include:
a. Providing instructions on the appropriate law that applies to the case.
b. Advising the officer in charge that the jury has a question.
c. Reporting to the judge regarding the present status of all votes taken.
d. All of the above.
Answer: b
Objective: Discuss the deliberation process.
Page number: 317
Level: Intermediate
6. Which of the following materials may not be taken into a jury room during deliberations?
a. Depositions of witnesses
b. Notes taken by the jurors
c. Generally all physical items of evidence
d. All of the above may be taken into the jury room, in some states.
Answer: d
Objective: List the materials that may be taken into the jury’s deliberation room.
Page number: 317
Level: Basic
7. The purpose of the Allen charge is to:
a. Prevent the jury from arriving at their decision too hastily.
b. Instruct the jury on the law involved in the case.
c. Encourage the jury to reach a verdict.
d. Discipline the jury.
Answer: c
Objective: Discuss the Allen instructions and why a judge would give an Allen charge.
Page number: 321
Level: Basic
8. In a case where the defendant is tried for a minor crime by a jury composed of only six jurors, how many jurors are required to reach a verdict?
a. Four
b. Five
c. Six
d. It depends on state statutes.
Answer: c
Objective: Discuss the deliberation process.
Page number: 325
Level: Basic
9. In Williams v. Florida, the U.S. Supreme Court held that a state statute requiring the defense to give notice of an alibi was:
a. Unconstitutional.
b. A violation of due process.
c. Constitutional.

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d. Unfair to the defendant.
Answer: c
Objective: Explain the judge’s requirement to instruct the jury on various issues.
Page number: 326-327
Level: Basic
10. The jury has deliberated for four days and sends a message to the trial judge that they can not reach a verdict. The trial judge may:
a. Direct the jury to continue to deliberate.
b. Call the jury into open court and give the Allen charge.
c. Dismiss the jury and declare a hung jury.
d. All of the above options are available to the trial judge.
Answer: d
Objective: Discuss the Allen instructions and why a judge would give an Allen charge.
Page number: 321
Level: Intermediate
Chapter 14 True-False
1. Instructing the jury and charging the jury are synonymous terms.
Answer: True
Objective: Summarize instructions to and deliberations of a jury.
Page number: 314
Level: Basic
2. The purpose of instructing the jury is to summarize the law applicable to the case.
Answer: True
Objective: Summarize instructions to and deliberations of a jury.
Page number: 314
Level: Basic
3. Unless requested by the prosecution or defense, the judge has no responsibility to instruct the jury. Answer: False
Objective: Summarize instructions to and deliberations of a jury.
Page number: 314
Level: Intermediate
4. The judge may not give any instructions except those provided by the attorneys in the case.
Answer: False
Objective: Explain the judge’s requirement to instruct the jury on various issues.
Page number: 314

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Level: Intermediate
5. The defendant is entitled to instructions being given on all pertinent evidence regardless of its importance. Answer: True
Objective: Explain the judge’s requirement to instruct the jury on various issues.
Page number: 314
Level: Intermediate
6. Often the instructions to the jury are long and difficult to understand.
Answer: True
Objective: Summarize instructions to and deliberations of a jury.
Page number: 314
Level: Intermediate
7. During deliberations only the jurors and the officer in charge of the jurors are present.
Answer: False
Objective: List the materials that may be taken into the jury’s deliberation room.
Page number: 316
Level: Intermediate
8. If the trial ends in a hung jury, it must be retried with the same jury.
Answer: False
Objective: Explain the problems involved in less-than-unanimous verdicts.
Page number: 320
Level: Basic
9. At the conclusion of evidence, the judge gives the jury a set time to deliberate.
Answer: False
Objective: Explain the judge’s requirement to instruct the jury on various issues.
Page number: 320
Level: Difficult
10. The U.S. Supreme Court does not approve of less than unanimous verdicts.
Answer: False
Objective: Explain the problems involved in less-than-unanimous verdicts.
Page number: 322
Level: Difficult
Chapter 14 Essay

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1. Explain the Allen charge and when it is used.
Answer:
This is based on Allen v. United States (1896), 164 U.S. 492.
This is also called the “dynamite charge.”
This is a charge to encourage the jury to reach a verdict if it appears they are taking a long time to deliberate.
Objective: Discuss the Allen instructions and why a judge would give an Allen charge.
Page number: 321
Level: Intermediate
2. What is the significance of the Apodaca decision?
Answer:
This is based on Apodaca v. Oregon (1972), 406 U.S. 404.
The Supreme Court approved a less-than-unanimous jury verdict.
Objective: Explain the problems involved in less-than-unanimous verdicts.
Page number: 322
Level: Difficult
3. What are the functions of a jury foreperson?
Answer:
He or she is the leader or spokesperson for the jury.
If additional instructions are needed, he or she will advise the marshal, who will in most instances, require the jury to be reconvened in the courtroom for this purpose.
Objective: Summarize instructions to and deliberations of a jury.
Page number: 317
Level: Intermediate
4. What is the meaning and significance of instructions to the jury?
Answer:
Jury instructions advise the jury as to the applicable law of the case.
Instructing the jury is also called charging the jury.
Without these instructions, the jury is not likely to know the law that must be followed.
Objective: Summarize instructions to and deliberations of a jury.
Page number: 314
Level: Difficult
5. How are the prosecutor and defense attorneys involved in the jury instruction process?
Answer:
Both sides are required to submit proposed instructions to the judge.
Both sides want to submit them so that the jury is advised of their positions.

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Objective: List the duties of the prosecutor and defense counsel in preparing jury instructions.
Page number: 314
Level: Difficult
6. What documents may the jury take into the jury room during deliberations?
Answer:
They may take any and all documents introduced into evidence during the trial.
They may also take in depositions, transcripts and prepared testimony.
Some states allow jurors to take notes during the trial and take them with them.
Objective: List the materials that may be taken into the jury’s deliberation room.
Page number: 317
Level: Difficult

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CHAPTER 15
The Verdict and Appeals
Chapter 15 Multiple Choice
1. A mistrial may be declared any time that:
a. There is evidence missing.
b. The defendant is missing.
c. It is requested by the prosecution.
d. There is misconduct which would deny the defendant a fair trial.
Answer: d
Objective: Describe various trial outcomes including verdicts, new trials and mistrials.
Page number: 332
Level: Basic
2. If a mistrial is granted by the judge, it means that the:
a. Defendant was absent for part of the trial.
b. Trial must be started over again from the beginning with the same jury.
c. Trial is started over again from the point of the error.
d. Trial must be started over again from the beginning with a new jury.
Answer: d
Objective: Describe various trial outcomes including verdicts, new trials and mistrials.
Page number: 331
Level: Difficult
3. If the defendant is found guilty by a jury, the defendant may:
a. Not appeal the verdict.
b. Appeal the conviction with the consent of the prosecution.
c. Appeal the conviction with the permission of the judge.
d. Appeal the conviction without the consent of the judge or prosecution.
Answer: d
Objective: Describe the various types of appeals.
Page number: 335
Level: Basic
4. A guilty plea is equal to a conviction; if a defendant enters a plea of guilty, the defendant:
a. May not appeal the plea under any circumstances.
b. May always appeal the findings of guilty in the case.
c. Generally has a limited right of appeal.
d. May appeal the guilty plea if he or she does not agree with the sentence imposed.
Answer: c
Objective: List the grounds that a defendant can use on appeal to obtain a new trial.
Page number: 336
Level: Intermediate

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5. Prejudicial error may be a statement or an act of misconduct which will:
a. Cause the witnesses to be prejudiced against the defendant.
b. Cause the judge to be prejudiced against the defendant.
c. Prevent the defendant from receiving a fair trial.
d. Prevent a mistrial from being declared.
Answer: c
Objective: Discuss when a defendant is entitled to a mistrial.
Page number: 336
Level: Difficult
6. The word verdict literally means:
a. A guilty mind.
b. An innocent mind.
c. A true declaration.
d. None of the above is correct.
Answer: c
Objective: Explain the meaning of a verdict.
Page number: 330
Level: Basic
7. The prosecution clearly established the guilt of the defendant, but the jury reached a verdict of not guilty. The trial judge must take which of the below actions?
a. Order the defendant released from custody.
b. Direct the jury to reconsider their verdict.
c. Declare a mistrial and order a new trial.
d. Grant a directed verdict for the government.
Answer: a
Objective: Describe various trial outcomes including verdicts, new trials, and mistrials.
Page number: 330
Level: Basic
8. The defense counsel made a motion for a mistrial. Which of the below actions is or are permissible? a. The prosecution may oppose the motion for a mistrial.
b. The judge may deny the motion.
c. The judge may grant the motion and under some circumstances order a new trial.
d. All of the above actions are permissible.
Answer: d
Objective: Discuss when a defendant is entitled to a mistrial.
Page number: 332
Level: Intermediate
9. Before a trial judge may declare a mistrial, he or she must conclude that there is:
a. Problem with the case.
b. Instruct the jury regarding the claimed error.
c. A manifest necessity for such action.

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d. Advise the defendant regarding the defendant’s rights when a mistrial is declared.
Answer: c
Objective: Discuss when a defendant is entitled to a mistrial.
Page number: 333
Level: Intermediate
10. Once the jury has been __________ and sworn to try the defendant, jeopardy attaches.
a. Instructed
b. Impaneled
c. Seated
d. Selected
Answer: b
Objective: Discuss when a defendant is entitled a mistrial.
Page number: 334
Level: Basic
Chapter 15 True-False
1. The verdict need not be announced in open court.
Answer: False
Objective: Explain the meaning of a verdict.
Page number: 330
Level: Basic
2. Arrest of judgment and pronouncement of judgment are the same judicial proceedings.
Answer: False
Objective: Explain the process for the pronouncement of judgment and the arrest of judgment.
Page number: 335
Level: Intermediate
3. If the defendant is found not guilty, the next step in the proceedings is the sentencing.
Answer: False
Objective: Outline the appeal process.
Page number: 330
Level: Basic
4. All retrials are in violation of the defendant’s constitutional guarantee against double jeopardy. Answer: False
Objective: Describe the various trial outcomes including verdicts, new trials, and mistrials.
Page number: 332
Level: Basic

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5. If the defendant is found not guilty, he or she is entitled to be immediately released.
Answer: True
Objective: Describe the various trial outcomes including verdicts, new trials, and mistrials.
Page number: 330
Level: Basic
6. After a guilty verdict is announced, the judge may modify the verdict.
Answer: True
Objective: Describe the various trial outcomes including verdicts, new trials, and mistrials.
Page number: 331
Level: Difficult
7. A mistrial may be granted when any error whatsoever is committed.
Answer: False
Objective: Discuss when a defendant is entitled to a mistrial.
Page number: 332
Level: Intermediate
8. The prosecution may never appeal the rulings of a trial judge.
Answer: False
Objective: List those situations in which the prosecution may appeal.
Page number: 330
Level: Intermediate
9. A verdict of acquittal may never be appealed by the prosecution.
Answer: False
Objective: List those situations in which the prosecution may appeal.
Page number: 339
Level: Difficult
10. A defendant may not appeal any case in which he or she pleaded guilty.
Answer: False
Objective: Describe the various types of appeals.
Page number: 339
Level: Difficult
Chapter 15 Essay
1. Explain the right of the judge to set aside a guilty verdict.

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Answer:
If the judge feels the evidence does not support the verdict, he or she may modify it by finding the defendant to a lesser degree or guilty of a lesser crime.
The judge may also enter a judgment of acquittal or dismiss the case altogether.
Objective: Describe various trial outcomes including verdicts, new trials, and mistrials.
Page number: 331
Level: Intermediate
2. Describe the appellate process.
Answer:
If convicted, the defendant will usually appeal the verdict.
Sentencing must take place before the filing of the notice of appeal.
The notice of appeal is filed with the trial court that entered the verdict.
The defendant must order the file and the transcripts he or she wants sent up to the appellate court, as the clerk will not do that for him or her.
On occasion, the prosecution will also appeal, if they feel the judge made a serious error of law.
Once the appellate court has all documents submitted by both sides, it will research the matter and render an opinion, either affirming or reversing the trial court.
Objective: Outline the appeal process.
Page number: 335; 339
Level: Difficult
3. What is a motion for arrest of judgment?
Answer:
It is a motion asking the court to not enter judgment at this time.
Grounds include the present insanity of the defendant, and some alleged defect in the accusatory pleading that had not been successfully challenged previously.
Objective: Explain the process for the pronouncement of judgment and the arrest of judgment.
Page number: 335
Level: Difficult
4. What is the difference between a mistrial and a request for a new trial?
Answer:
A motion for a mistrial may be made at any time during the trial, alleging some misconduct so serious as to prevent a fair trial.
A motion for a new trial may only be made after the trial is over and a verdict has been entered. Objective: Describe various trial outcomes including verdicts, new trials, and mistrials
Page number: 332
Level: Intermediate
5. What happens upon a reversal and remand by the appellate court?

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Answer:
The matter is then returned to the trial court for a new trial on the issue(s) reversed.
A reversal means the trial court’s verdict is vacated.
Objective: Outline the appeal process.
Page number: 337
Level: Intermediate
6. Upon reversal and remand, discuss whether or not the trial court may impose an increased sentence if the defendant is again convicted?
Answer:
The trial court may impose an increased sentence based on the crime committed.
The trial court may not impose an increased sentence based on the fact that the defendant appealed his or her conviction.
Objective: Outline the appeal process.
Page number: 337
Level: Difficult

101

CHAPTER 16
Sentencing
Chapter 16 Multiple Choice
1. The guarantee against cruel and unusual punishment is in the:
a. First Amendment.
b. Second Amendment.
c. Fifth Amendment.
d. Eighth Amendment.
Answer: d
Objective: Explain the prohibitions against cruel and unusual punishment.
Page number: 355
Level: Basic
2. The primary purpose of punishment is to:
a. Set an example.
b. Punish the offender.
c. Get even with the offender.
d. Protect society.
Answer: d
Objective: Summarize the history of punishment and various types of punishment.
Page number: 347
Level: Basic
3. The offender when convicted:
a. Has a right to probation.
b. Has a right to parole.
c. Has no rights.
d. Has no inherent right to probation.
Answer: d
Objective: Describe various types of sentences.
Page number: 353
Level: Intermediate
4. The sentencing of a convicted offender is:
a. A simple matter of following the law.
b. Always agreed upon by the prosecution and defense.
c. A matter of great variance between the states.
d. An unimportant part of the process.
Answer: c
Objective: Describe various types of sentences.
Page number: 347
Level: Basic

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5. If an offender violates the terms of his or her probation, the offender:
a. Must be returned to prison.
b. Must be sent to jail.
c. May be sentenced to confinement.
d. Must be given at least one chance to correct his or her problems.
Answer: c
Objective: Define terms related to sentencing.
Page number: 354
Level: Intermediate
6. A sentence may include which of the following terms?
a. Imprisonment and/or money fine and/or rehabilitation.
b. Life imprisonment or death penalty.
c. Imprisonment and/or suspended sentence and or probation.
d. Any of the above.
Answer: d
Objective: Define terms related to sentencing.
Page number: 346
Level: Basic
7. A sentence to “four years in the state correctional institution” is a(n) _______ sentence.
a. Indefinite
b. Definite
c. Stacked
d. Mandatory
Answer: b
Objective: Describe various types of sentences.
Page number: 348
Level: Intermediate
8. In many states, before a defendant is sentenced after a felony conviction:
a. An appellate court must determined that the trial was fair.
b. The trial judge orders a presentence investigation.
c. The defendant must receive mental health counseling.
d. The jury must make a sentence recommendation.
Answer: b
Objective: Define terms related to sentencing.
Page number: 349
Level: Difficult
9. The benefit of clergy was a forerunner of the:
a. Blood feud.
b. Trial by battle.
c. Death penalty.
d. Suspended sentence.
Answer: d

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Objective: Summarize the history of punishment and various types of punishment.
Page number: 352
Level: Basic
10. Probation is believed to have begun in America by:
a. John Augustus.
b. William Penn.
c. Rufus Cook.
d. Jeremy Bentham.
Answer: a
Objective: Summarize the history of punishment and various types of punishment.
Page number: 353
Level: Intermediate
Chapter 16 True-False
1. In Baze v. Rees (2008), 128 S.Ct. 1520, lethal injection was found to be unconstitutional.
Answer: False
Objective: Explain the prohibitions against cruel and unusual punishment.
Page number: 347
Level: Intermediate
2. Imprisonment is the earliest form of punishment and the one most frequently used.
Answer: False
Objective: Summarize the history of punishment and various types of punishment.
Page number: 344
Level: Basic
3. Probation is an inherent right of one convicted of a felony for the first time.
Answer: False
Objective: Summarize the offender’s rights during sentencing.
Page number: 353
Level: Intermediate
4. In early England, imprisonment was not a form of punishment.
Answer: True
Objective: Summarize the history of punishment and various types of punishment.
Page number: 344
Level: Basic
5. Parole is normally granted before sending the offender to an institution.

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Answer: False
Objective: Summarize the offender’s rights during sentencing.
Page number: 351
Level: Intermediate
6. With our modern technology, it is now relatively easy to determine when an offender is rehabilitated to the point where he or she is no longer a threat to society.
Answer: False
Objective: Define terms related to sentencing.
Page number: 351
Level: Intermediate
7. All offenders are sentenced to imprisonment.
Answer: False
Objective: Describe various types of sentences.
Page number: 346
Level: Basic
8. Under early Roman law, imprisonment as a form of punishment was an accepted sentence.
Answer: False
Objective: Summarize the history of punishment and various types of punishment.
Page number: 344
Level: Basic
9. In the 1800s, in England banishment served as an additional source of revenue for both the king and the church.
Answer: True
Objective: Summarize the history of punishment and various types of punishment.
Page number: 344
Level: Intermediate
10. In most states, it is still the prerogative of the trial judge to impose a sentence.
Answer: True
Objective: Explain how an appropriate sentence is determined.
Page number: 347
Level: Basic
11. A consecutive sentence is one that must be served before the next sentence begins.
Answer: True
Objective: Describe various types of sentences.

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Page number: 347
Level: Basic
Chapter 16 Essay
1. How did imprisonment develop as a punishment?
Answer:
Under Roman law, imprisonment was illegal. Under English law, imprisonment became a means of holding an accused person for trial, but not for punishment. Banishment from the country was also widely used.
Modernly, imprisonment has become more the norm, replacing revenge, maiming, and castration. The isolation theory found favor in keeping the convict away from society
(and the victim).
Objective: Summarize the history of punishment and various types of punishment.
Page number: 344-345
Level: Intermediate
2. Explain the deterrence theory.
Answer:
This theory seeks to deter crime by rehabilitating the convicted person.
It also hopes to serve as an example to others inclined to commit crime.
Objective: Define terms related to sentencing.
Page number: 346-347
Level: Basic
3. What are the various forms sentencing can take?
Answer:
Imprisonment, fine, probation, suspended sentence, restitution, and the death penalty
Objective: Describe various types of sentences.
Page number: 346
Level: Intermediate
4. Discuss the pros and cons of having the jury impose sentence.
Answer:
Pro: Colonialists frequently had problems with the royalists imposing sentence.
Con: Juries often may be too harsh or too lenient, depending on the nature of the offense and emotional involvement of the jurors to the community.
Objective: Define terms related to sentencing.
Page number: 349
Level: Difficult
5. What are the differences between definite and indefinite sentencing?

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Answer:
Definite sentences state specifically what the sentence will be.
Indefinite sentences establish a range of sentencing terms, from lenient to harsh.
Objective: Describe various types of sentences
Page number: 348-349
Level: Difficult

107

CHAPTER 17
Collateral Proceedings and Writs
Chapter 17 Multiple Choice
1. The Uniform Criminal Extradition Act makes it unnecessary to prove that the accused:
a. Knows that he is a fugitive.
b. Has committed a crime.
c. Has left the state.
d. Has fled the state.
Answer: d
Objective: Discuss the Uniform Criminal Extradition Act.
Page number: 368
Level: Basic
2. Upon receipt of extradition papers the governor of the asylum state will review them to determine if the fugitive:
a. Has committed a crime.
b. Should be surrendered to the demanding state.
c. Has fled the demanding state.
d. Is guilty of the crime charged.
Answer: b
Objective: Outline the procedures involved in extradition.
Page number: 369
Level: Intermediate
3. The primary purpose of the writ of habeas corpus is to:
a. Obtain the release of one unlawfully detained.
b. Bring a case to trial.
c. Appeal a conviction.
d. Be taken before a magistrate without unnecessary delay.
Answer: a
Objective: Summarize the right to and restrictions of habeas corpus.
Page number: 371
Level: Basic
4. If a governor refuses to honor a request for extradition, the governor may:
a. Be held in contempt by the court.
b. Be prosecuted for aiding a fugitive.
c. Not be forced to comply with the request.
d. Try the fugitive in his or her state courts.
Answer: c
Objective: Outline the procedures involved in extradition.
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Page number: 370
Level: Intermediate
5. International extradition is based entirely upon:
a. Common law.
b. Tradition.
c. United Nations.
d. Treaties.
Answer: d
Objective: Outline the procedures involved in extradition.
Page number: 370
Level: Intermediate
6. In order to extradite an accused there must be:
a. Evidence that the accused fled the state.
b. Evidence that the accused is dangerous.
c. An outstanding arrest warrant for the accused.
d. An agreement between the states.
Answer: c
Objective: Outline the procedures involved in extradition.
Page number: 368
Level: Intermediate
7. An order from a higher court to a lower court ordering a case sent up for review is called a writ of:
a. Certiorari.
b. Review.
c. Habeas corpus.
d. Appellate brief.
Answer: a
Objective: Explain the use of the writ of certiorari.
Page number: 373
Level: Basic
8. Interstate extradition is also known as:
a. Probation.
b. Rendition.
c. Demand for fugitive.
d. Certification.
Answer: b
Objective: Outline the procedures involved in extradition.
Page number: 368
Level: Basic
9. The state in which the fugitive is located is generally referred to as the ____________ state.
a. Asylum

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b. Requesting
c. Fugitive
d. Other
Answer: a
Objective: Outline the procedures involved in extradition.
Page number: 369
Level: Basic
10. The state which is seeking the fugitive is generally referred to as the ____ state.
a. Asylum
b. Requesting
c. Fugitive
d. Demanding
Answer: d
Objective: Outline the procedures involved in extradition.
Page number: 368
Level: Basic
Chapter 17 True-False
1. International extradition is based on unwritten customs.
Answer: False
Objective: Outline the procedures involved in extradition.
Page number: 370
Level: Basic
2. A person extradited from a foreign country can be tried only on the offense for which he or she was extradited.
Answer: True
Objective: Outline the procedures involved in extradition.
Page number: 370
Level: Intermediate
3. Interstate extradition is based on federal statutes rather than the Constitution.
Answer: False
Objective: Discuss the Uniform Criminal Extradition Act.
Page number: 368
Level: Intermediate
4. When a writ of habeas corpus is granted, the individual is entitled a hearing on the legality of his or her confinement.
Answer: True

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Objective: Summarize the right to and restrictions on habeas corpus.
Page number: 371
Level: Basic
5. A writ is defined as a mandatory precept.
Answer: True
Objective: Summarize the right to and restrictions on habeas corpus.
Page number: 371
Level: Basic
6. A governor is supposed to abide by the request of another state to honor an extradition request. Answer: True
Objective: Outline the procedures involved in extradition.
Page number: 369
Level: Basic
7. The primary purpose of the writ of habeas corpus is prevent unfair searches.
Answer: False
Page number: 369
Level: Basic
8. One requirement for extradition is that there must be a warrant of arrest outstanding against the individual sought to be extradited.
Answer: True
Objective: Outline the procedures involved in extradition.
Page number: 368
Level: Basic
9. Presently, the federal Unlawful Flight Statute applies only to a few major crimes.
Answer: False
Objective: Outline the procedures involved in extradition.
Page number: 370
Level: Difficult
10. The Uniform Criminal Extradition Act applies only to international extraditions.
Answer: False
Objective: Outline the procedures involved in extradition.
Page number: 368
Level: Difficult

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Chapter 17 Essay
1. Explain the importance of the writ of habeas corpus.
Answer:
This writ, also called “the great writ,” has as its purpose the prompt release of a person allegedly being unlawfully detained.
This writ may be issued by a trial court of general jurisdiction or by an appellate court.
Objective: Summarize the right to and restrictions on habeas corpus.
Page number: 371
Level: Difficult
2. How is extradition accomplished?
Answer:
First, there must be an outstanding warrant in the district in which the crime occurred.
Second, the prosecutor will make application to the governor of the asylum state.
Third, the application must allege that the defendant was in the demanding state at the time of the occurrence of the crime.
Objective: Outline the procedures involved in extradition.
Page number: 368
Level: Difficult
3. Explain the writ of certiorari.
Answer:
This is a discretionary writ issued by the highest court in a state, or by the U.S. Supreme
Court, agreeing to review the decision of a lower court.
Only about 2 percent of all writs requested are granted by the U.S. Supreme Court.
Objective: Explain the use of the writ of certiorari.
Page number: 373
Level: Intermediate
4. What is the difference in interstate and international extraditions?
Answer:
Interstate extradition is based on Article IV, Section 2 of the U.S. Constitution.
International extradition is based entirely on treaties with certain countries.
Objective: Outline the procedures involved in extradition.
Page number: 368; 370
Level: Intermediate
5. Explain the main provisions of the Uniform Criminal Extradition Act.
Answer:

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This Act makes it unnecessary to prove that the accused had fled from the state in which the crime was committed in order to avoid prosecution.
The accused may be extradited on both felony and misdemeanor charges.
Objective: Discuss the Uniform Criminal Extradition Act.
Page number: 368
Level: Difficult

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CHAPTER 18
Victims’ Rights
Chapter 18 Multiple Choice
1. The Law Enforcement Assistance Administration:
a. Is an agency within the Department of Justice.
b. Has provided funds to agencies for a variety of purposes.
c. Is where the VOCA funds are deposited.
d. Is the agency charged with administrating the Federal Victim Impact Program.
Answer: b
Objective: Define and explain the various victims’ service providers available.
Page number: 377
Level: Intermediate
2. NOVA, MADD, and POMC are examples of:
a. Victims’ rights organizations.
b. National lobbying organizations.
c. Representation of victims in court.
d. All of the above.
Answer: a
Objective: Define and explain the various victims’ service providers available.
Page number: 380-381
Level: Basic
3. Restitution is:
a. The right of a victim to sue his or her perpetrator in court to recover for any injuries.
b. The right of the victim’s family to sue the perpetrator in court to recover for any injuries. c. A court order that involves payment of compensation by the defendant to the victim for injuries suffered as a result of the defendant’s criminal act.
d. Both b and c are correct.
Answer: c
Objective: Explain the various types of restitution available.
Page number: 388
Level: Basic
4. The most common form of restitution:
a. Involves the offender making payments directly to the actual victim of the crime.
b. Requires that the offender make payments directly to the court which then pays the victim. c. Requires the state to pay the victim for injuries sustained as a result of the crime.
d. Requires the victim to sue the offender to obtain funds to compensate him or her.
Answer: a
Objective: Explain the various types of restitution available.
Page number: 389
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Level: Intermediate
5. Crime victim compensation programs exist:
a. To coordinate restitution payments from offenders to victims.
b. Only at the federal level.
c. To provide financial assistance to victims.
d. Both a and c are correct.
Answer: c
Objective: List the various benefits that victims of crime may receive from state compensation programs. Page number: 389
Level: Intermediate
6. Most states preclude which of the following individuals from receiving victim compensation awards? a. Parents of deceased victims
b. Firefighters
c. Law enforcement officers
d. Both b and c only
Answer: d
Objective: Define and explain the various victims’ service providers available.
Page number: 391
Level: Intermediate
7. The U. S. Supreme Court initially addressed the use of victim impact statements in:
a. Booth v. Maryland.
b. South Carolina v. Gathers.
c. Payne v. Tennessee.
d. Payne v. North Carolina.
Answer: a
Objective: Explain the purpose of victim impact statements and the issues involved in their use by the courts.
Page number: 395
Level: Intermediate
8. In which case did the U.S. Supreme Court reverse itself and allow the use of victim impact statements in a capital case?
a. Booth v. Maryland
b. South Carolina v. Gathers
c. Payne v. Tennessee
d. Payne v. North Carolina
Answer: c
Objective: Explain the purpose of victim impact statements and the issues involved in their use by the courts.
Page number: 396
Level: Intermediate

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9. MADD was founded after the death of:
a. Polly Johnson.
b. Cari Lighter.
c. Megan Johnson.
d. Barbie Loughton.
Answer: b
Objective: Discuss restitution in historical perspective.
Page number: 381
Level: Intermediate
10. Which U.S. President proposed a Victims’ Rights Constitutional Amendment to the U.S.
Constitution?
a. Bill Clinton
b. Harry Truman
c. Ronald Regan
d. George Bush
Answer: a
Objective: Discuss restitution in historical perspective
Page number: 379
Level: Intermediate
Chapter 18 True False
1. In the United States, we have always been concerned about victims’ rights.
Answer: False
Objective: Discuss restitution in historical perspective
Page number: 377
Level: Basic
2. The modern concept of restitution in the criminal justice system serves a variety of purposes in the administration of justice.
Answer: True
Objective: Discuss restitution in historical perspective
Page number: 388
Level: Basic
3. The most common form of restitution is individual service by the offender to the victim.
Answer: False
Objective: Explain the various types of restitution available.
Page number: 389
Level: Intermediate

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4. One of the purposes of restitution is to advance the concept of personal responsibility and accountability to the victim.
Answer: True
Objective: Explain the purpose of victim impact statements and the issues involved in their use by the courts.
Page number: 388
Level: Intermediate
5. Victim Impact Statements provide victims of crimes and/or their families with an opportunity to address the sentencing authority regarding their views of what type of punishment should be imposed on the offender.
Answer: True
Objective: Explain the purpose of victim impact statements and the issues involved in their use by the courts.
Page number: 395
Level: Difficult
6. President Truman appointed the Task Force on Victims of Crime.
Answer: False
Objective: Discuss restitution in historical perspective.
Page number: 381
Level: Intermediate
7. The use of victim impact statements is a controversial issue.
Answer: True
Objective: Explain the purpose of victim impact statements and the issues involved in their use by the courts.
Page number: 395
Level: Basic
8. The federal constitutional amendment on victims’ rights was enacted in 1986.
Answer: False
Objective: Discuss restitution in historical perspective.
Page number: 380
Level: Intermediate
9. The right to be notified about the time and date of trial is generally not important to victims.
Answer: False
Objective: Explain the various types of restitution available.
Page number: 378

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Level: Basic
10. The VOCA’s Crime Victims Fund receives money from federal criminal fines.
Answer: True
Objective: Explain how a typical victim’s compensation program works.
Page number: 377
Level: Intermediate
Chapter 18 Essay
1. Describe the Violence Against Women Act and its impact on victim’s rights.
Answer:
This Act is part of the 1990 Victims’ Bill of Rights.
The Act provides funding for a variety of research-based studies.
It mandated that various professions form partnerships and cooperate to respond to all forms of violence against women.
Objective: Explain how a typical victim’s compensation program works.
Page number: 378-379
Level: Difficult
2. Compare and contrast the various types of restitution available to victims.
Answer:
Actual restitution includes: lost wages, child care, and court-related expenses.
Symbolic restitution generally consists of community service, based on the premise that society serves as the symbolic victim.
Objective: Explain the various types of restitution available.
Page number: 389
Level: Intermediate
3. Explain the various problems that are associated with restitution.
Answer:
Professionals working in the criminal justice system are often overworked and underbudgeted.
Many victims are dissatisfied with the restitution process.
Often, not all perpetrators of a crime are required to pay their pro rata share of restitution for the harm caused.
Often the accused is financially poor, and cannot make full restitution to the victim(s).
Objective: Explain how a typical victim’s compensation program works.
Page number: 389-390
Level: Intermediate
4. Describe and explain the Victims of Crime Act and how the funds are used to benefit victims.

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Answer:
This Act provides grants to states for programs with direct services for victims of all crimes. Funds derive from federal criminal fines, penalties and bond forfeitures.
Objective: Define and explain the various victims’ service providers available.
Page number: 377
Level: Intermediate
5. Explain the nature of the various victims’ service providers that are available.
Answer:
These providers have become an acknowledged force in modern politics.
Many universities and organizations are offering training programs to equip workers.
Objective: Define and explain the various victims’ service providers available.
Page number: 378
Level: Basic
6. Discuss the transition of victim impact statements from inadmissible to admissible.
Answer:
In Booth v. Maryland 1987), 482 U.S. 496, victim impact statements were disallowed, as they focus on the victims rather than on the unique circumstances of the accused.
In South Carolina v. Gathers (1989), 490 U.S. 805, prosecutorial remarks about the impact on victims were considered inflammatory, and disallowed.
In Payne v. Tennessee (1991), 501 U.S. 808, the Supreme Court completely reversed itself, reversing both Booth and Gathers, noting that victim impact evidence is simply another form or method of informing the sentencing authority about the specific harm caused by the crime in question.
Objective: Explain the purpose of victim impact statements and the issues involved in their use by the courts.
Page number: 395-399
Level: Difficult

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Answer Key
Chapter 1
MC:
1. a
2. d
3. a
4. c
5. b
6. c
7. c
8. d
9. c
10. a
11. c
12. a
T/F:
1. False
2. True
3. False
4. False
5. True
6. True
7. True
8. True
9. False
10. False
11. False
12. False
13. True
14. False
15. True
16. True
17. True
18. True
19. False
20. True
Essay:
1. Human beings have needs.
One’s liberties end where another’s begin.
Growth of society gives rise to opportunities for encroachment on others’ rights.

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2. England’s common law was only a set of unwritten regulations.
Common law emanated from various court decisions.
Modernly, legislative enactments have greatly expanded the common law.
3. Each state could decide its own laws, and the result is a wide diversity of laws.
Some states did not rely on the common law.
4. The Christian church was suppressed in Rome, and persons worshipped only clandestinely.
When Rome invaded England, religious societies and new congregations were formed despite suppression.
Religious freedom came to America with those who moved here, and found its way into our
Constitution.
5. This English document gave the people certain political and civil rights.
It is considered to be the forerunner of our present due process rights.
6. The community could make war on the offender.
The offender might be exposed to victim vengeance.
The offender might be permitted to make atonement.
The community might inflict certain additional penalties upon the offender.
7. This required the convicted person to perform some physical feat.
Offenders were required to take an oath to God, and priests often supervised the ordeals.
The offender might also be required to undergo certain physical pain.
8. In England, 12 men were named to an “accusatory jury;” they would act as an advisory body to the King.
The English model was the forerunner of our modern grand jury.
Over time, the jury’s actions expanded to determine an accused’s guilt or innocence.
9. That refers to the first 10 Amendments to the Constitution.
Excessive taxation of the colonies by England and other forms of oppression led the
Founding Fathers to draft bills of rights for the citizen.
10. Trial courts conduct trials and appellate courts entertain appeals.
An appellate court can grant a new trial, but cannot conduct it itself.
Once a valid judgment is entered by the trial court, and it is appealed, the trial court is divested of the power to make further findings of fact.
11. Venue refers to the geographic area in which a case may be heard.
Jurisdiction refers to the power of a court to hear certain types of cases.
12. The citation is the reference for an appellate opinion in a published book. For example, 384
U.S. 436 is the citation for Miranda v. Arizona, decided by the U.S. Supreme Court in 1966.
That means that the opinion is found in volume 384 of the U.S. Reports, beginning on page

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436.
Citations are very important because they refer judges and attorneys to prior appellate opinions which serve as a guideline for current trial court rulings and additional appellate rulings. Stare decisis is a Latin term which means that a court is required to follow a certain line of thinking, or precedent, if the facts in the present case are exactly the same.

Chapter 2
MC:
1. c
2. d
3. c
4. c
5. c
6. d
7. d
8. a
9. c
10. c
11. b
T/F:
1. False
2. True
3. False
4. False
5. False
6. False
7. True
8. True
9. True
10. True
11. True
12. False
13. False
14. False
15. False
Essay:
1. The right to be secure in one’s person, one’s house, ones papers, and one’s effects
Search warrants must:
Be based on probable cause
Be supported by oath or affirmation

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Particularly describe the place to be searched and/or the things to be seized
2. Evidence seized without probable cause should be excluded from court.
The rule, first announced in Weeks v. U.S. (1914), 232 U.S. 383, applied to limit actions of the federal government.
3. Illegally seized evidence must be suppressed unless an exception applies.
A perfectly good arrest might result in dismissal of the case.
4. This doctrine prohibits admission of illegally seized evidence.
It applies to searches, arrests, confessions, and other evidence-gathering activities of law enforcement. 5. This was established in Katz v. U.S. (1967), 389 U.S. 347.
Persons must exhibit an actual or subjective expectation of privacy; and the expectation is one which society is prepared to recognize as reasonable.
6. Open fields; plain view; abandonment; consent; airport searches; border searches; parolee and probationer searches; school searches; and searches incident to a lawful arrest.
Exceptions to the exclusionary rule are: good faith exception; inevitable discovery; purged taint or attenuation; and independent source.
7. If police activity is not a search, the Fourth Amendment does not apply; first, it must be determined whether it is a search.
Also, if a party consents to a search, there are no Fourth Amendment protections; many times the issue is whether one individual can consent to the police searching another individual’s zone of expectation of privacy.
8. At any time; since 1960, the government began searching persons and baggage to be placed on an airplane.
The courts balance the individual’s rights against the need for security and safety.
9. It is an objective test requiring the facts to be such as would warrant a belief by a reasonable person that criminal conduct has occurred or is about to occur.
Modernly, the totality of the circumstances analysis is employed to ascertain probable cause.
See Illinois v. Gates (1983), 462 U.S. 213.
10. A search is a governmental intrusion into an area where a person has a reasonable expectation of privacy.

Chapter 3
MC:
1. b
2. e

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3. a
4. c
5. a
6. c
7. b
8. e
9. d
10. e
T/F:
1. False
2. False
3. True
4. False
5. True
6. True
7. False
8. True
9. False
10. True
11. True
12. False
Essay:
1. The word comes from the French arrêter, to stop or stay, and signifies the restraint of a suspect’s person; the person is not free to leave.
Arrests are to be distinguished from casual encounters and mere detentions.
2. There is reason to believe that a crime has been committed.
There is reason to believe the arrested person has committed the crime.
3. When obtaining a warrant before the arrest is impractical
When probable cause exists for the arrest
4. To prevent an escape, but only if there are no other means of apprehending the felon
Ignoring this principle could result in violation of the citizen’s civil rights.
5. “Reasonable suspicion” to stop and frisk was all that was necessary.
The officer could search for weapons.
6. A consensual encounter occurs when the person is not under arrest, but is merely stopped for questioning; the individual is free to leave.
A detention is the stopping of a person for questioning, with the concept that the person stopped is not free to leave.

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Chapter 4
MC:
1. b
2. d
3. c
4. d
5. c
6. b
7. b
8. b
9. b
10. b
11. b
T/F:
1. False
2. True
3. False
4. True
5. False
6. True
7. True
8. True
9. True
10. False
11. True
12. True
13. True
14. True
15. False
Essay:
1. Its purpose is to officially inform the defendant of the charges against him or her.
Note: this step is not the arraignment, even though erroneously referred to in some states in certain Supreme Court opinions.
2. To officially inform the defendant of the charges against him or her.
To provide evidence that the charges have been officially brought to the defendant’s attention
3. A magistrate ensures the defendant is the person named in the charging document.
A magistrate informs the defendant of his or her rights under Miranda v. Arizona.
The accused or his or her attorney is often given a copy of the charging document.
4. Documents which set forth the charge(s) against the accused

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Documents which are fairly simple
Documents which are referred to as a complaint or an information
5. The origin of the right to bail is obscure, but some believe it derived from the French term baillier, which means to deliver.
The Eighth Amendment to the Constitution provides for the right to bail.
The right is not a guarantee; rather, when it is extended to the accused, it may not be excessive. 6. The seriousness of the offense(s) charged
The weight of the evidence against the accused
The accused’s ties to the community, including income-earning ability
The accused’s prior criminal record
The accused’s prior failure to appear at other hearings
7. Bail may be denied if releasing the accused would present a danger to the public.
Bail may be denied if releasing the accused would create a flight risk.
8. An initial appearance merely informs the accused of the charge(s) against him or her.
The arraignment is the stage at which the accused may enter a plea to the charge(s).
Chapter 5
MC:
1. a
2. c
3. d
4. c
5. a
6. a
7. c
8. c
9. b
10. d
11. b
T/F:
1. True
2. True
3. False
4. False
5. True
6. False
7. True
8. True

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9. False
10. True
11. True
12. True
13. True
14. False
15. False
Essay:
1. A confession is merely the admission that the accused did the act(s) charged.
A guilty plea is in and of itself a conviction.
By pleading guilty, the accused incriminates himself or herself.
2. It may be at any time before pronouncement of sentence.
It may be at any time the accused did not understand the significance of a guilty plea.
It may be when the plea was coerced and not voluntary.
3. The controlling document is the Fifth Amendment.
An accused may not be put in jeopardy twice for the same crime.
Whether or not double jeopardy occurs is a very complicated question.
Separate sovereigns may charge the accused with the same offense.
4. Its original purpose (in England) was to create a safeguard for the accused.
Our controlling document is the Fifth Amendment
Its primary purpose is to weigh evidence against an accused.
If it determines sufficient evidence exists against the accused, it will submit a true bill to the prosecution to be used as an indictment.
If it determines sufficient evidence does not exist against the accused, it will return a no bill to the prosecution.
5. At this stage the accused is offered the opportunity to enter a plea.
If the accused does not enter a plea, the judge will enter a not guilty plea for him or her.
6. Guilty
Not guilty
Not guilty by reason of insanity
Nolo contendere (in some states)
Former jeopardy
Former judgment of acquittal or conviction
Chapter 6
MC:
1. c

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2. c
3. b
4. c
5. b
6. d
7. d
8. d
9. d
10. d
11. c
T/F:
1. True
2. True
3. True
4. False
5. True
6. False
7. False
8. False
9. True
10. False
11. False
12. True
13. True
14. False
15. True
16. False
Essay:
1. The Sixth Amendment provides for trial in the district where the crime was committed.
Venue is the geographic area where the trial should be held.
A defendant must file a motion to change venue as the first motion, or it is waived.
2. The Sixth Amendment provides a defendant the right to a speedy trial.
Speedy trial is not the same as the statute of limitations.
All states accord the right to a speedy trial.
3. The statute of limitations is the period between commission of the crime and commencement of the action by the prosecution.
The right to a speedy trial begins at the entry of a not guilty plea and continues until a verdict has been rendered.
4. Prejudice to either party by disappearance of evidence and/or witnesses
Time needed for each side to prepare for their case.

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5. The accused is entitled to a speedy trial even if incarcerated in another state.
The accused must assert his or her right to a speedy trial.
6. The jury panel is exhausted or becomes defective without a full jury being selected
Danger of violence taking place within the district
Chapter 7
MC:
1. a
2. a
3. c
4. c
5. c
6. d
7. b
8. b
9. b
10. d
T/F:
1. True
2. False
3. True
4. False
5. False
6. True
7. False
8. False
9. True
10. False
Essay:
1. In the late1700s, colonists were being confronted by witnesses against them, and they resented interference by the King of England.
The colonists sought justice by presenting facts to a candid world.
2. Although no known basis exists for choosing the number 12, it was accepted as part of common law.
Initially it was felt that a jury of fewer than 12 would deny a defendant due process.
Over time, since a defendant could waive his or her right to a jury trial, it was held that a defendant could also waive the right to a full 12-person jury.
The Supreme Court has since held that a jury must have a minimum of 6 persons.

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3. Pro: it gives the accused a safeguard against a corrupt and overzealous prosecutor.
Pro: it allowed the common sense mentality of the community to prevail over the tutored but perhaps less sympathetic reaction of a single judge.
Con: in certain cases, the emotional content of the community might seek the maximum sentence rather than a reasonable sentence.
4. In petty offenses; see Duncan v. Louisiana (1968), 391 U.S. 145
5. It is a trial that is not secret.
It is a trial open to the public, as provided for in the Sixth Amendment
However, there is no definition of a public trial given in the Sixth Amendment.
Chapter 8
MC:
1. a
2. d
3. a
4. c
5. b
6. b
7. c
8. b
9. b
10. b
T/F:
1. True
2. False
3. True
4. True
5. True
6. True
7. True
8. False
9. True
10. False
11. False
Essay:
1. The judge can remove the defendant from the courtroom.
The judge can bind and gag the defendant.
The judge can hold the defendant in contempt.
2. The Sixth Amendment allows the accused to face his or her accuser.

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Placing a screen between the accused and his or her accuser violated the Sixth Amendment.
3. The Sixth Amendment accords the accused the right to counsel.
Gideon v. Wainwright (1963), 373 U.S. 335 extended this right to misdemeanors, and stated that the accused requires the guiding hand of counsel at every step in the proceedings against him. However, before Gideon in Hamilton v. Alabama (1961), 368 U.S. 52, and after Gideon in
Coleman v. Alabama (1970), 399 U.S. 1, the Supreme Court stated that the right to counsel exists at every critical stage of the proceeding.
4. It begins long before the time of trial.
It begins when the investigation shifts from investigatory to accusatory.
5. It clarifies when the right to counsel begins.
It points out the right to counsel during any police investigation.
6. First, the defendant must show that counsel’s performance was deficient.
Second, the defendant must show that counsel’s deficient performance prejudiced the defense.
Chapter 9
MC:
1. d
2. b
3. c
4. a
5. c
6. d
7. b
8. c
9. d
10. a
T/F:
1. False
2. True
3. False
4. False
5. False
6. True
7. True
8. False
9. False
10. False
Essay:

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1. The right to prepare his or her case for trial
The right to eliminate game-playing and surprises
The right to inspect the evidence against him or her
The right to the names and addresses of witnesses the prosecution intends to call
The right to inspect and copy statements made to governmental officers
2. The right to eliminate game-playing and suprises
The right to the names and addresses of defendant’s alibi witnesses
Federal Rule 16 of Criminal Procedure grants the government almost the identical rights of pretrial discovery that are granted to the defendant.
3. The purpose is to keep unlawfully seized evidence out of the trial.
Grounds include unlawfully seized evidence, including evidence seized without a warrant.
4. The interests of justice may so require it.
The original allegation may be unfounded.
The evidence may have been unlawfully obtained.
A material witness may no longer be available to testify.
5. The interests of justice may so require it.
To obtain the effective assistance of counsel
To obtain newly discovered evidence
The defendant is incompetent to testify at the time of trial.
Chapter 10
MC:
1. a
2. d
3. d
4. c
5. b
6. d
7. b
8. b
9. b
10. d
T/F:
1. True
2. False
3. True
4. False
5. True
6. False

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7. True
8. False
9. False
10. False
11. False
Essay:
1. Without the witness being under oath, hearsay evidence is unreliable.
Without the witness being subject to cross examination, hearsay evidence is unreliable.
2. To save time when a fact is so well-known it needs no evidence to be proven
To save time when a law is so well-known it needs no evidence to be proven.
3. To protect a victim from harm or embarrassment when testifying about her rape
To prevent the introduction of evidence of other sexual behavior or sexual predisposition
4. Since the witness’ testimony has become questionable, the evidence introduced based on that witness has also become questionable.
5. A lay witness needs no special knowledge and can testify
a) Rationally based on his or her own perceptions
b) To matters helpful to a clear understanding of a fact in issue
c) Not based on scientific, technical or other specialized knowledge
An expert witness does need special knowledge and
a) Testifies based on sufficient facts or date
b) The testimony is the product of reliable principles and methods
c) The witness has applied the principles and methods reliably to the facts of the case
6. The original of a document (including a duplicate original) must be introduced if available.
Photocopies are generally inadmissible because of errors in photocopying.
Chapter 11
MC:
1. a
2. b
3. c
4. b
5. c
6. d
7. d
8. a
9. c
10. b

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T/F:
1. True
2. False
3. True
4. True
5. True
6. True
7. False
8. False
9. True
10. False
Essay:
1. This simply means that each case has 2 ides.
In all criminal prosecutions the state or government is the plaintiff.
2. The judge conducts the initial appearance, preliminary hearings, and the arraignment
The judge has the duty to ensure that justice is carried out.
The judge will supervise the selection of any prospective jurors.
The judge will sustain or overrule objections made by either attorney
The judge will charge the jury with instructions once the attorneys rest.
3. Contempt is an act that is disrespectful to the court or adversely affects the administration of justice. Contempt is used sparingly.
Contempt is appropriate for disorderly conduct or witnesses who refuse to testify.
Indirect contempt, which does not occur in the presence of the judge, requires a hearing.
4. The victim is often a forgotten party, with most attention being focused on the defendant.
Victims of crime often have many questions which deserve to be addressed.
Victim impact statements are modernly admissible to show the full effects of the defendant’s criminal conduct.
5. Defense counsel represents the rights and interests of the defendant.
Defense attorneys are required to provide effective assistance at every critical stage of the proceedings. Chapter 12
MC:
1. d
2. c
3. b
4. a
5. c
6. d

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7. d
8. a
9. c
10. c
11. a
T/F:
1. False
2. False
3. True
4. False
5. True
6. True
7. True
8. True
9. True
10. False
Essay:
1. The phrase originated with the Magna Carta in England to distinguish noblemen from commoners. Modernly, it has been defined as a jury of one’s equals. Further, some state that the phrase means a jury made up of a cross section of the community.
Keep in mind, the word “peers” does not appear in the Constitution.
2. Although the requirements vary from state to state, most require the person to be 18 years of age, a U.S. citizen, and a resident of the judicial district in which the case is situated.
Disqualifications from jury duty include but are not limited to being an alien, having been convicted of malfeasance in office, or of any felony or other high crimes.
3. Members of legislative bodies, members of the armed services, attorneys and their staffs
Ministers and priests, teachers, physicians, correctional officers, law enforcement officers, mail carriers, and most public officers of local, state and federal government
4. Bias; preconceived notions about the defendant’s guilt; opposition to the death penalty
5. Each side has a limited number of peremptories.
Peremptories may not be used to exclude potential jurors based on race. See Batson
v.Kentucky (1986), 476 U.S. 79.
Peremptories may not be used to exclude potential jurors based on gender. See J.E.B. v.
Alabama (1994), 511 U.S. 127.
Chapter 13
MC:

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1. c
2. b
3. a
4. b
5. b
6. c
7. d
8. c
9. b
10. d
T/F:
1. True
2. False
3. False
4. True
5. False
6. True
7. True
8. True
9. False
10. True
11. False
Essay:
1. It is an opportunity for the prosecutor to further explain the charge against the defendant.
It is an opportunity for the defense to explain why the defendant is not guilty.
2. A lay witness is a person who is qualified to testify based upon his or her own observations and knowledge; no scientific knowledge is required.
An expert witness is a person who has specialized training to be able to testify as to scientific or technical knowledge not within the lay witness’ experience.
3. Direct examination is questioning by the side who called the witness.
Cross examination is questioning by the other side.
Absent limited exceptions, leading questions may not be asked on direct examination.
Leading questions may be asked on cross examination.
4. A witness may be impeached when his or her testimony contradicts his or her prior testimony or is colored because of some prejudice.
5. These are merely a summarization of the evidence presented during the trial.
Often attorneys feel closing arguments make or break the case for their side.
Chapter 14

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MC:
1. d
2. c
3. a
4. a
5. b
6. d
7. c
8. c
9. c
10. d
T/F:
1. True
2. True
3. False
4. False
5. True
6. True
7. False
8. False
9. False
10. False
Essay:
1. This is based on Allen v. United States (1896), 164 U.S. 492.
This is also called the “dynamite charge.”
This is a charge to encourage the jury to reach a verdict if it appears they are taking too long a time to deliberate.
2. This is based on Apodaca v. Oregon (1972), 406 U.S. 404.
The Supreme Court approved a less-than-unanimous verdict.
3. He or she is the leader or spokesperson for the jury.
If additional instructions are needed, he or she will advise the marshal, who will in most instances reconvene the jury in the courtroom for this purpose.
4. Jury instructions advise the jury as to the applicable law of the case.
Instructing the jury is also called charging the jury.
Without these instructions, the jury is not likely to know the law that must be followed.
5. Both sides are required to submit proposed instructions to the judge.
Both sides want to submit them so that the jury is advised of their positions.

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Chapter 15
MC:
1. d
2. d
3. d
4. c
5. c
6. c
7. a
8. d
9. c
10. b
T/F:
1. False
2. False
3. False
4. False
5. True
6. True
7. False
8. False
9. False
10. False
Essay:
1. If the judge feels the evidence does not support the verdict he or she may modify it by finding the defendant guilty to a lesser degree or guilty of a lesser crime.
The judge may also enter a judgment of acquittal or dismiss the case altogether.
2. If convicted, the defendant will usually appeal the verdict.
Sentencing must take place before the filing of the notice of appeal.
The notice of appeal is filed with the trial court that entered the verdict.
The defendant must order the file and the transcripts he or she wants sent up to the appellate court, as the clerk will not do that for him or her.
On occasion, the prosecution will also appeal, if they feel the judge made a serious error of law. Once the appellate court has all documents submitted by both sides, it will research the matter and render an opinion, either affirming or reversing the trial court.
3. It is a motion asking the court to not enter judgment at this time.
Grounds include the present insanity of the defendant, and some alleged defect in the accusatory pleadings that had not been successfully challenged previously.

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4. A motion for a mistrial may be made at any time during the trial, alleging some misconduct so serious as to prevent a fair trial.
A motion for a new trial may only be made after the trial is over and a verdict has been entered. 5. The matter is then returned to the trial court for a new trial on the issue(s) reversed.
A reversal means the trial court’s verdict is vacated.
6. The trial court may impose an increased sentence based on the crime committed.
The trial court may not impose an increased sentence based on the fact that the defendant appealed his or her conviction.
Chapter 16
MC:
1. d
2. d
3. d
4. c
5. c
6. d
7. b
8. b
9. d
10. a
T/F:
1. False
2. False
3. False
4. True
5. False
6. False
7. False
8. False
9. True
10. True
Essay:
1. Under Roman law, imprisonment was illegal. Under English law, imprisonment became a means of holding an accused person for trial, but not for punishment. Banishment from the country was also widely used.
Modernly, imprisonment has become more the norm, replacing revenge, maiming and castration. The isolation theory found favor in keeping the convict away from society (and the victim.)

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2. This theory seeks to deter crime by rehabilitating the convicted person.
It also hopes to serve as an example to others inclined to commit crime.
3. Imprisonment, fine, probation, suspended sentence, restitution, and the death penalty
4. Pro: Colonialists frequently had problems with the royalists imposing sentence.
Con: Juries often may be too harsh or too lenient, depending on the nature of the offense and emotional involvement of the jurors to the community.
5. Definite sentences state specifically what the sentence will be.
Indefinite sentences establish a range of sentencing terms, from lenient to harsh.
Chapter 17
MC:
1. d
2. b
3. a
4. c
5. d
6. c
7. a
8. b
9. a
10. d
T/F:
1. False
2. True
3. False
4. True
5. True
6. True
7. False
8. True
9. False
10. False
Essay:
1. This writ, also called “the great writ,” has as its purpose the prompt release of a person allegedly being unlawfully detained.
This writ may be issued by a trial court of general jurisdiction, or by an appellate court.
2. First, there must be an outstanding warrant in the district in which the crime occurred.

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Second, the prosecutor will make application to the governor of the asylum state.
Third, the application must allege that the defendant was in the demanding state at the time of the occurrence of the crime.
3. This is a discretionary writ issued by the highest court in a state, or by the U.S. Supreme curt, agreeing to review the decision of a lower court.
Only about 2 percent of all writs requested are granted by the U.S. Supreme Court.
4. Interstate extradition is based on Article IV, Section 2 of the U.S. Constitution.
International extradition is based entirely on treaties with certain countries.
5. This Act makes it unnecessary to prove that the accused had fled from the state in which the crime was committed in order to avoid prosecution.
Chapter 18
MC:
1. b
2. a
3. c
4. a
5. c
6. d
7. a
8. c
9. b
10. a
T/F:
1. False
2. True
3. False
4. True
5. True
6. False
7. True
8. False
9. False
10. True
Essay:
1. This Act is part of the 1990 Victims’ Bill of Rights.
The Act provides funding for a variety of research-based studies.
It mandated that various professions form partnerships and cooperate to respond to all forms of violence against women.

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2. Actual restitution includes: lost wages, child care, and court-related expenses.
Symbolic restitution generally consists of community service, based on the premise that society serves as the symbolic victim.
3. Professionals working in the criminal justice system are often overworked and underbudgeted.
Many victims are dissatisfied with the restitution process.
Often, not all perpetrators of a crime are required to pay their pro rata share of restitution for the harm caused.
Often the accused is financially poor, and cannot make full restitution to the victim(s).
4. This Act provides grants to states for programs with direct services for victims of all crimes.
Funds derive from federal criminal fines, penalties and bond forfeitures.
5. These providers have become an acknowledged force in modern politics.
Many universities and organizations are offering training programs to equip workers.
6. In Booth v. Maryland 1987), 482 U.S. 496, victim impact statements were disallowed, as they focus on the victims rather than on the unique circumstances of the accused.
In South Carolina v. Gathers (1989), 490 U.S. 805, prosecutorial remarks about the impact on victims were considered inflammatory, and disallowed.
In Payne v. Tennessee (1991), 501 U.S. 808, the Supreme Court completely reversed itself, reversing both Booth and Gathers, noting that victim impact evidence is simply another form or method of informing the sentencing authority about the specific harm caused by the crime in question.

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Citations: The rule, first announced in Weeks v. U.S. (1914), 232 U.S. 383, applied to limit actions of the federal government. 5. This was established in Katz v. U.S. (1967), 389 U.S. 347. See Illinois v. Gates (1983), 462 U.S. 213.