CRIJ 2323, Test 3

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Legal Aspects of Law Enforcement, D. Bennett, TVCC

In Texas, there are __ jurors in a felony trial and _ in a misdemeanor trial.

12, 6

In Texas, in a felony case, the court can authorize the selection of ___ ____ ____ _ alternate jurors.

Not more than 4

In Texas, the criminal jury verdict must be:

unanimous.

Asking each juror individually if this is your verdict is called _______ the jury.

polling

True or False: The prosecutor's duty is to convict.

False

If the jury cannot reach a verdict, the court will give them a(n) _____ ______ and instruct them to continue to deliberate.

Allen Charge

True or False: In Texas, the State has a right to appeal a not guilty verdict.

False

True or False: The Sixth Amendment guarantees an accused the right to a trial by jury in a criminal case where a penalty of more than six months imprisonment can be imposed.

True

True or False: The United States Supreme Court has ruled that it is constitutionally permissible for a state to provide for a less-than-unanimous verdict in six-person juries in criminal trials.

False

True or False: Televising criminal trials is now an accepted practice in both state and federal courts.

False

State statutes frequently provide exemption from jury duty for ___ __ _____.

all of these

If after deliberating for a considerable time a jury reports that it is deadlocked, the trial judge may do any of the following except:

direct the jury to render "guilty" or "not guilty" verdict within a specified short period of time.

Which one of the following statements is incorrect?

An expert witness may not answer hypothetical questions.

Witnesses who are "put under the rule":

must remain outside the courtroom except when testifying

A trial judge who accepts, without formal proof, matters of common knowledge is said to be:

taking judicial notice of certain facts

Which one of the following statements represents the current view of the United States Supreme Court with respect to race-based peremptory challenges of prospective jurors?

Racial motivation of a prosecutor who exercises a peremptory challenge is subject to challenge irrespective of the defendant and prospective juror being of the same race.

A witness whose credibility is undermined during cross-examination is said to have been:

impeached

The standard of proof in a criminal case is:

beyond a reasonable doubt

The process by which jurors are selected by the court and counsel is known as:

voir dire

A challenge in which an attorney has broad discretion in excusing prospective jurors is known as a(n):

peremptory challenge

If the prosecution offered in evidence a relevant, but unsigned, copy of a statement purportedly made by a defense witness, the defense counsel would ordinarily object on the ground of:

the best evidence rule

A lay witness cannot ordinarily testify in court about:

the speed of a car based on observation of the car's skid marks

Which one of the following is not recognized as a valid privilege from offering evidence?

teacher-student

If at the conclusion of the prosecution's case, defense counsel moves the court for a directed verdict (or judgment of acquittal) the judge must:

view the prosecution's evidence in the light most favorable to the government and determine whether the evidence presented is legally sufficient to support a verdict of guilty

A lawyer who addresses the trial judge and states: "I object on the ground that the testimony being sought by the prosecutor is irrelevant and immaterial" is making a:

general objection

Exceptions to the hearsay rule include:

all of these

When an accused takes the stand in his or her defense and testifies, the prosecution:

may cross-examine the accused about his or her testimony with the same latitude as with any other witness

In instructing the trial jury, the trial judge may do all of the following except:

comment on the weight of the evidence and credibility of the witnesses who testified

In criminal trials, courts are most likely not to admit expert testimony concerning:

polygraph evidence

In 2004 the U.S. Supreme Court held that a witness's out-of-court statement could not be introduced at a criminal unless the witness was unavailable and the defendant had a prior opportunity to cross-examine the witness. The basis of the Court's ruling was:

the Confrontation Clause, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him."

The Sixth Amendment to the U.S. Constitution guarantees a defendant the right "to have __________ _______ for obtaining witnesses in his favor."

Compulsory process

The Sixth Amendment provides that "In all criminal prosecutions, the accused shall enjoy the right to a (an) ______ ___ ______ by an impartial jury."

Speedy & Public

In capital cases it has become common for the jury first to hear the evidence bearing on the defendant's guilt or innocence and then to receive evidence on whether the death penalty should be imposed. This practice is referred to as a (an) __________ trial.

bifurcated

At the close of the prosecution's evidence, the defense counsel will frequently move the court to grant a(n) ________ verdict.

directed verdict

In Texas, traffic offenses are punishable by:

a fine.

In Texas, to be sentenced to a boot camp facility a defendant must be:

17 to 26 years of age.

In Texas, a defendant must be physically and ________ capable of participating in strenuous physical activity to be sentenced to a boot camp facility.

mentally

The boot camp programs in Texas are from 75 to ___ days long.

180

In Texas, a basic condition of probation would be:

avoid injurious or vicious habits

In Texas, if you are placed on probation for DWI, you can be ordered to have a(n) _________ device on your vehicle.

interlock

True or False: In Texas, if you are placed on probation, you are required to perform community service.

False

In Texas, the punishment for a capital offense is death or:

life without parole

Texas uses ______ _________ to execute offenders.

lethal injection

In Texas, a PSI is prepared by:

a probation officer.

In Texas, before ___________ ________ the defendant shall be asked whether he has anything to say why sentence should not be pronounced against him.

pronouncing sentence

A ______ offender in Texas has been to the pen once before.

repeat

In Texas the minimum sentence for a habitual offender is __ years.

25

In Texas a defendant may receive probation if his sentence is __ years or less.

10

True or False: The U.S. Supreme Court has held that the Eighth Amendment prohibits the execution of a prisoner who has become legally insane.

True

True or False: According to the authors, the most common form of criminal punishment is the monetary fine.

True

True or False: Under no circumstances may a court limit the right of an offender to associate freely with other persons as a condition of probation.

False

True or False: "Community control" is another term for community service.

False

True or False: Every criminal jurisdiction requires that adult offenders be sentenced in open court.

True

True or False: A defendant convicted of multiple crimes must be given separate sentences for each offense.

True

"When one man strikes another and kills him, he shall be put to death.... When one man injures and disfigures his fellow-countryman, it shall be done to him as he has done, eye for eye, tooth for tooth...." This is the Biblical statement of the doctrine of:

retribution

Which of the following elements are typically addressed in a presentence report?

All of the above

The sentencing procedure followed in a capital case where the guilt phase is separated from the penalty phase is often referred to as a:

bifurcated trial

Which of the following elements of due process of law must be provided to a prisoner before "good time credit" can be revoked?

Both a and b

The evidentiary standard that courts apply when considering whether to revoke probation is that the:

court is reasonably satisfied as to the probationer's violation

A judge who imposes a sentence within a range of prescribed minimum and maximum penalties with no possibility of early release from prison has imposed a (an) ___________ sentence.

determinate

Before prison officials are allowed to remove good-time credit that a prisoner has earned, the inmate must be afforded all the following rights except:

the right to have counsel present at the administrative hearing.

Today the chief focus of criminal punishment appears to be to prevent offenders from committing further criminal acts, also termed:

incapacitation

In sentencing a defendant it is impermissible for a federal district court to depart from a sentence prescribed by the sentencing guidelines on the basis of:

any of the factors in a, b, and c

Despite the trend away from indeterminate sentencing, a number of state laws retain indeterminate sentencing for:

youthful offenders

Despite the Supreme Court's decision in Payne v. Tennessee, a trial court may still find that a particular ______ ______ _________ would inject too much emotionalism into the jury's deliberations on the issue of whether an offender should sentenced to death.

victim impact statement

Today, the most common method of carrying out an execution in the U.S. is:

Lethal injection

A defendant confined in prison may seek additional review of his conviction by applying for:

writ of habeas corpus.

The party who takes an appeal is the:

Apellant.

The party against who the appeal is taken is the:

Appellee.

True or False: In Texas, the State may appeal the trial court's granting of a Motion to Suppress.

True

In Texas, a defendant may not be released on bail pending an appeal, if the punishment assessed was __ years or more.

10

In Texas, misdemeanor cases in J.P. Court are tried without a:

record.

In Texas, an appeal from a J.P. case is to the:

County Court.

There are _ justices on the U.S. Supreme Court.

9

There are _ justices on the Court of Criminal Appeals in Texas.

9

There are _ justices on the Supreme Court in Texas.

9

In Texas, the ________ may issue a pardon.

Governor

True or False: The United States Courts of Appeals ordinarily hear appeals of right in federal criminal cases.

True

True or False: The governor or other executive authorities of a state generally have constitutional or statutory power to grant a pardon to a defendant convicted of a felony in that state.

True

True or False: Courts tend to be more liberal in reviewing alleged errors not challenged at trial where a death sentence has been imposed.

True

True or False: A defendant who has been convicted after trial has no opportunity to be released from custody pending the resolution of an appeal.

False

True or False: Just as a defendant may appeal a criminal conviction after pleading not guilty, the prosecution may appeal from the defendant's acquittal.

False

True or False: A per curiam opinion is attributed to a dissenting judge in an appellate decision.

False

Which of the following most accurately describes the constitutional standard articulated in 1984 by the U.S. Supreme Court in Strickland v. Washington for determining whether a defendant received ineffective assistance of counsel?

Whether defense counsel made errors so serious that he or she was not properly functioning as guaranteed by the 6th Amendment, and whether such deficient performance prejudiced the defense.

At common law prior to the 18th century, the term "appeal" referred to an effort by one convicted of _______ to obtain a pardon from the Crown by accusing others of being accomplices.

treason

The U.S. Supreme Court may review a criminal conviction that has already been reviewed by a U.S. Court of Appeals by issuing a writ of:

certiorari

Which of the following issues are appropriately raised by defendants challenging their convictions on appeal?

All of the above

In deciding whether to grant discretionary review of a state criminal case, the Supreme Court must determine whether a ___________ federal question is involved.

substantial

An appellate proceeding where counsel appears to make verbal presentations and to answer questions from the bench is referred to as a(n):

oral argument

William Blackstone called the writ of ______ ______ the "most celebrated writ in the English law."

habeas corpus

The U.S. Constitution permits the _________ "to grant reprieves and Pardons for Offenses committed against the United States."

President

Most decisions of appellate courts are published in books known as:

reporters

In the United States Courts of Appeals, where cases are normally decided by panels of three judges, a party may request all of the judges of the court to participate in what is known as a(n) __ ____ rehearing of the case.

en banc

Typically a defendant who pleads guilty may raise on appeal only issues relating to:

All of the above

An appellate court's reversal of a lower court's judgment is usually accompanied by an order to ______ the case to the lower court for further proceedings consistent with the appellate court's opinion.

remand

Petitions for federal habeas corpus review most frequently allege:

ineffectiveness of the petitioner's trial counsel

Which one of the following trial court actions could never be a basis for the prosecution to appeal in a criminal case?

a judgment based on a jury acquittal of the defendant

Although the U.S. Constitution makes no mention of the right to appeal from a criminal conviction, arguably this right might exist because of the:

Due Process Clauses of the Fifth and Fourteenth Amendments.

Points to be raised on appeal are often referred to as:

assignments of error

At the state level a trial judge who is requested to release a convicted defendant pending the defendant's appeal of his or her conviction would be least likely to consider the:

defendant's inability to travel to attend a family reunion

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