EXAM 1
According to your textbook, a suspect arrested without an arrest warrant must have a probable cause hearing before a judge or magistrate "promptly," within _____ hours of the arrest, including weekends and holidays.
48
The privilege against self-incrimination, which includes the right of a defendant not to testify, is found in the _____ Amendment.
5th
The Confrontation Clause is found in the _____Amendment.
6th
In order for evidence to be admitted in a criminal trial, what characteristic(s) does this evidence need to exhibit?
All answers are correct (Relevancy, Reliability Competency)
When direct evidence is not available, investigators and officers should ask ________
All answers are correct (who had the motive to commit the crime?, who had the opportunity to commit the crime?, who had the means of committing the crime?)
Under the _____ rule, the prosecution must disclose to the accused any evidence which is favorable to the accused.
Brady
_____ evidence is evidence that indirectly proves a fact at issue.
Circumstantial
All jurisdictions in the U.S. utilize the Federal Rules of Evidence. (T/F?)
FALSE
Motive is always a necessary element of all crimes that must be proven beyond a reasonable doubt (T/F?)
FALSE
Studies have shown that team reviews of evidence do not result in higher clear rates. (T/F?)
FALSE
The Fifth Amendment requires that defendants receive notice of any charges brought against them. (T/F?)
FALSE
The U.S. Supreme Court has held that trial judges must give juries a strict definition of proof beyond a reasonable doubt. (T/F?)
FALSE
The defense of insanity is successful in the majority of cases where the defendant uses it. (T/F?)
FALSE
The legal and ethical obligation of the prosecutor is to strictly seek a conviction. (T/F?)
FALSE
To ensure a defendant's appearance at future court hearings, bond can be punitive. (T/F?)
FALSE
Under American law, the defendant is entitled to a presumption of guilt. (T/F?)
FALSE
During jury selection, Joyce answers all of the questions posed to her by the judge, prosecutor, and defense. At no time do any of her answers reflect any bias or concern for being impartial. Ultimately, she is "kindly" dismissed by the defense with no explanation as to why. The defense relied on which challenge to dismiss Joyce as a juror?
Peremptory
_______ is proof that leaves you firmly convinced of the defendant's guilt. There are few things in this world that we know with absolute certainty, and in criminal cases the law does not require proof that overcomes every possible doubt.
Proof beyond a reasonable doubt.
_____ evidence is that which possesses a significant degree of believability.
Reliable
A defendant who pleads no contest is subject to the same range of punishments as one who pleads guilty. (T/F?)
TRUE
An indictment is a formal charging document issued by a grand jury. (T/F?)
TRUE
Evidence that the defendant was seen running from the scene of the crime shortly after the crime occurred could be circumstantial evidence of guilt. (T/F?)
TRUE
Evidence that the defendant's shoe print impression was found in mud near the point of entry during a break-in is circumstantial evidence. (T/F?)
TRUE
If the prosecution deliberately uses false evidence or perjured testimony to obtain a conviction, the defendant conviction must be reversed if there is a reasonable likelihood the evidence may have affected the judgment of the jury. (T/F?)
TRUE
MCL 333.7411 is commonly used to plea bargain drug possession or drug use cases for first time offenders. (T/F?)
TRUE
Most countries other than the U.S. utilize an inquisitorial system of justice. (T/F?)
TRUE
One of the purposes of the rules of evidence is to help assure that defendants get a fair trial. (T/F?)
TRUE
The Sixth Amendment contains a right to counsel. (T/F?)
TRUE
The U.S. Constitution is the supreme law of the land. (T/F?)
TRUE
The formal court proceeding at which the defendant enters a plea to the charges is called an arraignment. (T/F?)
TRUE
The term res ipsa loquitur means "the thing speaks for itself." (T/F?)
TRUE
An example of res ipsa loquitur evidence is _______.
a photograph showing serious stab wound injuries to a victim
An affirmative defense is one in which the defendant ________.
admits to committing the act, but claims circumstances existed that influenced the commission of the crime; such as acting in self-defense.
The purpose of _____ is to assure the defendant's appearance at trial.
bail
If during the jury selection process, the prosecutor or defense determine that a person cannot be fair and impartial; say the person voices radical views, a request can be made to dismiss the potential juror under _____.
challenge for cause
The rules of _____ determine what information can be presented to the judge and/or jury.
evidence
The Constitution allows, and certain states require, that defendants _____.
give notice that they intend to use an alibi or insanity defense
The English common law writ (also adopted in the U.S.) that allowed challenges to the legality of custody or imprisonment was the writ of _____.
habeas corpus
If a defendant refuses to enter a plea, the court will enter a plea of _______.
not guilty
In the adversarial system, evidence that a third party committed the crime is likely to be challenged by the _____.
prosecuting attorney
If a defendant wants to plead guilty, the defendant must _______.
waive a number of rights
Direct evidence is evidence that proves a fact ________.
without the need of inferences or presumptions
