True/False
Indicate whether the
statement is true or false.
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1.
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When a defendant pleads guilty, he gives up his
right to a jury trial.
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2.
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A defendant always has the right to represent
himself.
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3.
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A defendant has the right to an attorney in any
proceeding where his rights may be in jeopardy.
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4.
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John receives a parking ticket and wishes to
contest it. He can request a jury trial.
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5.
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A defendant is only entitled to have an attorney
appointed to represent him when he is charged with a felony.
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6.
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Carl, while he is out on bond, flees the
jurisdiction before his trial begins. The government can stage his trial without him.
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7.
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During Carl’s trial, the defense attorney
rises to cross-examine the victim, and the judge tells him that because of the sensitive nature of
the case, the judge will not permit any cross-examination. This is a permissible
action.
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8.
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During Carl’s trial, a police informant takes
the stand. He is wearing a facemask and testifies behind a screen so that only the judge and the jury
can see him. This is permissible in a jury trial.
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9.
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In some states, the government can use six-person
juries on misdemeanor cases.
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10.
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In some states, the jury’s verdict does not
have to be unanimous. A verdict of 11-1 is permissible, for instance.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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11.
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Cyril is charged with child molestation and the
judge decides that no one should be permitted to attend the trial, since the details are very
embarrassing for the child victims. The defense attorney objects. How is the appellate court likely
to rule?
a. | Since the judge has complete authority in the courtroom,
she can do as she pleases | b. | Although the judge
is authorized to close a portion of the trial, she cannot close the entire
proceeding | c. | Although normally
a judge could not close an entire case to the public, since it involves child molestation, she can
| d. | Unless the prosecutor agrees with the defense attorney,
the trial could remain closed |
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12.
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A local Tribune reporter files a motion with the
court requesting permission to interview the jurors in Cyril’s case before they go out to
deliberate. He thinks that interviews with the jurors will show how they evaluate a case. What is the
judge likely to do?
a. | Reject the motion because the press has no right to view
a trial | b. | Approve the request because the press has an absolute
right to juror access during the trial | c. | Reject the request
because no one, including the press, has the right to interview the jurors during the
trial | d. | Approve the request because such a procedure has been
permitted in prior cases and it could be quite educational for the reading public.
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13.
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When a trial judge is faced with a conflict between
the Freedom of the Press and the Constitutional rights of the criminal accused, the should
must:
a. | always place the rights of the defendant above the
rights of the press | b. | always place the
rights of the press above the rights of the defendant | c. | attempt to balance these rights as best as he/she
can | d. | none of the above |
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14.
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After the jury has been selected in a case and the
trial has proceeded for several days, one of the jurors becomes seriously ill and has to be removed.
No alternate jurors have been selected. What happens?
a. | The trial must stop and a mistrial is
declared | b. | The trial can continue after a replacement juror has
been chosen from the community | c. | The trial must
stop because the sick juror might talk about the case | d. | The trial can continue with only eleven
jurors |
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15.
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The term used to describe a jury that cannot reach
a verdict in a case.
a. | a mistrial jury | b. | a hung jury | c. | a petit
jury | d. | a grand jury |
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16.
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In an upcoming case, a crucial government witness
is extremely terrified about testifying in front of the defendant. What options does the government
have?
a. | Have the witness prepare an affidavit and submit that
instead of her testimony | b. | Have the witness
deposed prior to trial and use the transcript instead of her testimony | c. | Have the witness testify by closed-circuit
television | d. | There are no
options, the witness must testify from the witness stand in front of the
defendant |
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17.
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During John’s trial, he continues to
interrupt the proceedings by yelling and trying to attack witnesses. What options does the judge
have?
a. | handcuff John to the chair and gag
him | b. | have John returned to the local jail until he can behave
himself | c. | have John’s attorney held in
contempt | d. | have John removed from the courtroom and kept in a
nearby room where he can communicate with his attorney |
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18.
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When Sid is arrested, he is wearing rags. When he
is processed into the local jail, he is issued a jumpsuit with the words “Prisoner”
written on the back. He has no other clothes and his trial is approaching. His attorney files a
motion requesting that Sid not be tried in prison clothing. How is the judge likely to
rule?
a. | grant the request and find some other clothes for Sid to
wear | b. | deny the request because there is no prohibition against
trying Sid in prison clothes | c. | grant the request
because Sid is obviously poor | d. | deny the request
because the attorney has filed the motion too late. |
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19.
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During the trial, the prosecutor tells the jury
that the defendant committed the crime and that since he won’t take the stand to refute any of
the charges, the only possible verdict is guilty. The defense attorney objects. How is the judge
likely to rule?
a. | Objection overruled, the prosecutor is allowed to say
anything to the jury | b. | Objection
sustained, the defendant is presumed to be innocent until proven guilty | c. | Objection overruled, the defendant must prove his innocence during the
trial | d. | Objection sustained, the possible verdicts in this case
are guilty and not guilty |
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20.
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An assumption that the jurors may make about a set
of facts.
a. | presumption | b. | conclusion | c. | assumption | d. | inference |
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