CRIM B4 Constitutional Criminal Procedure

Bakersfield College CRIM B4 Constitutional Criminal Procedure Quiz 7

Name: ______Date Due: 4/14/17 Read each question, select the most correct answer. Chapter 13 1. Which of the following rights of a criminal defendant is NOT explicitly mentioned in the Constitution? a. Speedy trial b. Jury trial c. Impartial judge d. Public trial

2. Which constitutional amendment gives the accused the right to a speedy and public trial? a. Fifth b. Sixth c. Eighth d. Fourteenth

3. Which of the following is an argument against speedy trials? a. They may not give the defense adequate time to prepare. b. They minimize anxiety on the part of the accused. c. They prevent excessive incarceration. d. They permit quick disposal of cases.

4. Which of the following is NOT a factor that assists in determining when the right to speedy trial is violated? a. Length of delay b. Reason for the delay c. Seriousness of the crime d. Whether the delay is prejudicial

5. A violation of the Sixth Amendment right to a speedy trial is likely when: a. too much time as elapsed between arrest and charges. b. the delay is intentional. c. the delay is prejudicial to the defendant. d. All of the above

6. According to Strunk v. United States, which is the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial? a. Reversal b. Dismissal c. A new trial d. Habeas corpus 7. The Supreme Court has ruled that the right to an impartial judge is guaranteed by which amendment? a. Fourteenth b. Eighth c. Sixth d. Fifth

8. The right to an impartial jury stems from which constitutional amendment? a. Fifth b. Sixth c. Seventh d. Eighth

9. The right to a jury trial applies in: a. noncriminal proceedings. b. civil proceedings. c. criminal cases in which the penalty for a single offense may result in incarceration. d. all criminal trials.

10. In California, what is the minimum number of jurors needed to reach a verdict in a criminal case? a. 5 b. 6 c. 9 d. 12

11. For a waiver of a jury trial to be valid, it must be: a. express. b. intelligent. c. voluntary. d. All of the above

12. In most states potential jurors need to be: a. of a certain age. b. U.S. citizens. c. free of felony convictions. d. All of the above

13. A jury that represents a “fair cross-section” of the community within the meaning of the Sixth Amendment is one that does not exclude: a. racial minorities. b. women. c. distinctive groups. d. All of the above 14. Voir dire consists of what? a. Questioning by the judge b. Questioning by the prosecutor c. Questioning by the defense attorney d. All of the above

15. A speedy trial can be damaging to the defendant. a. True b. False

16. There is a Sixth Amendment right to a jury in non-criminal proceedings. a. True b. False

17. Waivers of the right to a jury trial need to be voluntary, express, and intelligent. a. True b. False

Chapter 14 18. With regard to the right to confrontation, the defendant must be physically present and: a. remorseful. b. respectful. c. mentally competent. d. represented by counsel.

19. Hearsay is ______admissible at criminal trials. a. rarely b. never c. always d. as often as not

20. Which of the following is NOT a method of dealing with media influence in a criminal trial? a. Changes of venue b. Jury sequestration c. Gag order on the media d. Court order prohibiting media coverage before other alternatives have been explored

21. The Sixth Amendment guarantees the right to: a. confrontation. b. compulsory process. c. a public trial. d. all of the above. 22. In Waller v. Georgia, the Supreme Court ruled that the government must show all but which of the following in order to close a trial to the public? a. An overriding interest, such as protecting a witness b. The closure is no broader then absolutely necessary c. The defendant concurs in the request d. That reasonable alternatives be considered first

23. Which of the following is NOT a right at trial? a. The right to confrontation b. The right to double-jeopardy protection c. The right to compulsory process d. The right to be advised of the potential for self-incrimination

24. The right to a public trial stems from which amendment? a. Fourth b. Fifth c. Fourteenth d. None of the above

25. In which of the following ways is the right to confrontation manifested? a. By allowing the defendant to be present b. By requiring live witness testimony c. The defendant must be able to challenge witness testimony in court d. All of the above

26. The defendant’s right to live testimony: a. can be sacrificed some of the time. b. must be scrupulously honored. c. applies only in felony cases. d. None of the above

27. Which constitutional amendment contains the double jeopardy clause? a. Fourth b. Fifth c. Sixth d. Fourteenth

28. Double jeopardy occurs when, for the same offense, a person is: a. re-prosecuted after acquittal. b. re-prosecuted after conviction. c. subjected to separate punishments for the same offense. d. all of the above. 29. Which of the following can be considered a separate sovereign for double jeopardy purposes? a. Cities b. Counties c. States d. Different state appellate court districts

30. Which of the following is NOT a separate sovereign for double jeopardy purposes? a. States b. Federal government c. Federal judicial circuits d. Native American tribes

31. Double jeopardy protection applies: a. in criminal proceedings. b. in all types of cases. c. in civil proceedings. d. in administrative hearings.

32. In which of the following circumstances does the protection against double jeopardy NOT apply? a. When the second prosecution is based on conduct committed after the first prosecution b. When the defendant is responsible for the second prosecution c. If the defendant successfully appeals his or her criminal conviction d. All of the above

33. The right to compulsory process provides that the accused can do which of the following? a. Use subpoenas b. Obtain documents that may be helpful to his or her defense c. Present evidence d. All of the above

34. Which type of examination is the fourth stage in the witness questioning process? a. Re-cross b. Redirect c. Cross d. Direct

35. Face-to-face contact between the accused and witness is ______required. a. Always b. Never c. Not always d. Rarely 36. A defendant may assert all but which of the following defenses in trial? a. Self-defense b. Criminal predisposition c. Entrapment d. Insanity

37. A defendant will often succeed in an entrapment defense when the government does which of the following? a. Uses violence b. Supplies contraband that is wholly otherwise unobtainable c. Engages in a criminal enterprise d. All of the above

38. If the prosecution fails to conduct a careful search for a certain witness, and, in failing to do so, claims that the witness is unavailable, then the defendant’s right to live testimony will be violated. a. True b. False

39. The Supreme Court allows the prosecution to call attention to the defendant’s refusal to testify at trial. a. True b. False

40. There are several exceptions to the hearsay rule. a. True b. False

41. Double jeopardy does not apply to prosecutions for the same conduct brought by separate sovereigns. a. True b. False

42. The entrapment defense is mentioned in the U.S. Constitution. a. True b. False