Chapter 8

In Gideon v. Wainwright (1963), the U.S. Supreme Court held which of the following?

A defendant charged in state court has a right to counsel when charged with a felony

Which of the following describes the field of criminal law, as discussed in the text?

A field that few law students actively choose to pursue

Which of the following refers to the two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense?

Adversarial system

Under the _______________ system, legal services for defendants are provided by individual private practice attorneys selected and paid for by the court from a roster of all practicing criminal attorneys within the jurisdictions of the court.

Assigned counsel

Which of the following is the court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury?

Bailiff

In which of the following cases did the Court hold that the prosecution is required to disclose to the defense evidence that directly relates to claims of either guilt or innocence?

Brady v. Maryland

Which of the following refers to the movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction?

Change of venue

Which of the following refers to evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates?

Circumstantial evidence

Which of the following is an oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial?

Closing argument

Which of the following refers to the professional courtroom actors?

Courtroom work group

Which of the following is a licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law?

Defense counsel

What type of evidence is eyewitness testimony?

Direct

Which of the following refers to evidence that, if believed, directly proves a fact?

Direct evidence

Which of the following refers to anything useful to a judge or jury in deciding the facts of a case?

Evidence

Which of the following refers to information having a tendency to clear a person of guilt or blame?

Exculpatory evidence

Which of the following is a person who has special knowledge and skills recognized by the court as relevant to the determination of guilt or innocence?

Expert witness

A judge is a member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law.

False

A prosecutor is an attorney employed by a government agency for the purpose of providing defense services to indigents.

False

An expert witness is an eyewitness, character witness, or other person called on to testify who is not considered an expert.

False

An opening statement is a jury that is isolated from the public during the course of a trial and throughout the deliberation.

False

Peremptory challenge is the process whereby, according to law and precedent, members of a particular trial jury are chosen.

False

Real evidence is evidence that, if believed, directly proves a fact.

False

The Bailiff Support Group is the professional courtroom actors.

False

The prosecutor is an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials.

False

The rules of evidence is a two-sided structure under which American criminal trial courts operate that pits the prosecution against the defense.

False

Which of the following is something that is not based on the personal knowledge of a witness?

Hearsay

Which of the following is the long-standing precedent that hearsay cannot be used in the American courtrooms?

Hearsay rule

In which of the following cases did the Court hold that "state prosecutors are absolutely immune from liability"?

Imbler v. Pachtman

Which of the following refers to changing the venue of a trial?

It moves the trial to another location due to pretrial publicity.

Which of the following is an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials?

Judge

Indigency refers to criteria used by which of the following?

Judges, to determine eligibility of defendants for court-appointed counsel

Which of the following refers to a member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law?

Juror

Which of the following is the process whereby, according to law and precedent, members of a particular trial jury are chosen?

Jury selection

Which of the following is an eyewitness, character witness, or other person called on to testify who is not considered an expert?

Lay witness

Which of the following is the initial statement of the prosecution or the defense, made in a court of law, describing the facts that he or she intends to present during trial to prove the case?

Opening statement

Which of the following refers to the right to challenge a potential juror without disclosing the reason for the challenge?

Peremptory challenge

Which of the following refers to the intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand?

Perjury

Which of the following refers to the degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial?

Probative value

Which of the following is an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses?

Prosecutor

Which of the following refers to the decision-making power of prosecutors, based on the wide range of choices available to them in the handling of criminal defendants?

Prosecutorial discretion

Which of the following is an attorney employed by a government agency for the purpose of providing defense services to indigents?

Public defender

Which of the following is not another name for the prosecutor?

Public defender

The murder weapon would primarily be considered to be which of the following?

Real

Which of the following refers to evidence that consists of physical material or traces of physical activity?

Real evidence

Which of the following refers to court rules that govern the admissibility of evidence at criminal hearings and trials?

Rules of evidence

Which of the following refers to the use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal?

Scientific jury selection

Which of the following refers to a jury that is isolated from the public during the course of a trial and throughout the deliberation process?

Sequestered jury

Which of the following is a 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time?

Speedy Trial Act

Which of the following is a written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence?

Subpoena

Which of the following is oral evidence offered by a sworn witness on the witness stand during a criminal trial?

Testimony

The Missouri Plan is a mechanism suggested by the American Bar Association for which of the following?

The merit plan selection of judges

Which of the following refers to challenges for cause in jury selection?

They deal with sound legal reasons for removing potential jurors.

A subpoena is a written order issued by a judicial officer or grand jury requiring an individual to appear in court.

True

Change of venue is the movement of a trial or lawsuit from one jurisdiction to another or from one location to another within the same jurisdiction.

True

Evidence is anything that is useful to a judge or jury in deciding the facts of a case.

True

Exculpatory evidence is information having a tendency to clear a person of guilt or blame.

True

Probative value is the degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial.

True

Prosecutorial discretion is the decision-making power of prosecutors, based on the wide range of choices available to them.

True

Scientific jury selection is the use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal.

True

The Speedy Trial Act came from the 1974 federal law requiring that proceedings against a defendant in a criminal case begin within a specified period of time.

True

The bailiff is the court officer whose duties are to keep order in the courtroom and to maintain physical custody of the jury.

True

The defense counsel is a license trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law.

True

The victim-assistance program is an organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law.

True

In which of the following cases did the Court hold that the prosecution must disclose any evidence that the defense requests?

U.S. v. Bagley

Which of the following is the decision of the jury in a jury trial or of a judicial officer in a nonjury trial?

Verdict

Which of the following is an organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law?

Victim-assistance program

Voir dire is used to determine which of the following?

Whether prospective jurors are biased or hold preconceived notions of guilt or innocence