Chapter 12:
Section 1:
Please indicate which answers below are true and
which are false.
1. When a
defendant pleads guilty, he gives up his right to a jury trial.
2. A
defendant always has the right to represent himself.
3. A
defendant has the right to an attorney in any proceeding where his rights may
be in jeopardy.
4. John
receives a parking ticket and wishes to contest it. He can request a jury
trial.
5. A
defendant is only entitled to have an attorney appointed to represent him when
he is charged with a felony.
6. Carl,
while he is out on bond, flees the jurisdiction before his trial begins. The
government can stage his trial without him.
7. 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.
8. 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.
9. In some
states, the government can use six-person juries on misdemeanor cases.
10.
In some states, the jury’s verdict does not have to
be unanimous. A verdict of 11-1 is permissible, for instance.
Please indicate the
correct answer for the following questions:
1. 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
2. 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.
3. 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
4. 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
5. 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
6. 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
7. 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
8. 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.
9. 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
10.
An assumption
that the jurors may make about a set of facts.
a. presumption
b. conclusion
c. assumption
d. inference