Ch 12

A defendant has a Sixth Amendment right to an attorney

at preliminary hearings.

At trial, the defendant testifies in his or her own behalf. Under the Fifth Amendment, the defendant

can be cross-examined like any witness.

A defense lawyer's loyalty is to the___, not to society.

client

A change of venue, sequestration of the jury, continuance, "gag rules" and controls on the media are all mechanisms which under certain circumstances, judges may use to

control prejudicial publicity.

The constitutional right to a trial by jury applies to a serious offense, which is an offense

for which more than six months' imprisonment is authorized.

A statute that prohibits for a crime if the person is not prosecuted within a certain amount of time is called a statute of

limitation.

A defendant whose conviction is reversed cannot be retried because

the reversal is equivalent to an acquital.

From a defendant's perspective, the best kind of immunity to have is___immunity.

transactional

Immunity that provides that the witness can no longer be prosecuted for any offense whatsoever arising out of that act or transaction is called

transactional immunity

Immunity from prosecution, where the witness is assured only that his or her testimony and evidence derived from it will not be used against him or her in a subsequent prosecution is called

use and derivative use immunity.

Any witness, other than an accused on the witness stand, has the privilege of the witness to refuse to disclose any information that may

"tend to incriminate" him or her

A defendant's waiver of the right to counsel is sufficient as long as it is

-voluntary -intelligent -knowing

Which of the following is not a violation of double jeopardy?

A second prosecution for the same offense after a successful appeal granting a new trial.

The right to a fair and impartial trial comes from what Amendment to the Constitution?

Both Fifth and Fourteenth Amendments.

It is easy to prove ineffective assistance of counsel.

False

Jeopardy attaches in a jury trial from when the witness is sworn.

False

One of the two due process clauses in the U.S. Constitution is found in the Fifth Amendment. The other is found in the Fifteenth Amendment.

False

The Sixth Amendment requires that state criminal trial verdicts be unanimous.

False

The U.S. Supreme Court has forbidden trial court judges from issuing a gag order to control prejudicial publicity.

False

The media have an absolute First and Sixth Amendment right to attend all portions of criminal trials and hearings.

False

The right to protection against self-incrimination includes physical self-incrimination.

False

Sequestration is when jurors are kept together during the trial and have strictly controlled contact with the outside world.

True

The legal process that is to be followed, depending upon the type of proceeding involved is called procedural due process.

True

The prohibition against self-incrimination does not prohibit physical self-incrimination.

True

The prohibition against self-incrimination does not prohibit testimonial or communicative self-incrimination.

True

The responsibility of the defense attorney is to the client.

True

The right to confront witnesses is found in the Sixth Amendment.

True

There is no violation of double jeopardy if the person is tried for the same conduct in two separate states.

True

The Amendment that guarantees the right to trial by a jury of peers is the

Sixth Amendment.

For purposes of determining when there has been a violation of the Sixth Amendment right to a speedy trial, courts examine four factors. Which of the following is NOT one of the four factors?

Prejudice to the prosecution.

Which of the following is NOT a type of immunity?

Privileged.

In a criminal proceeding, the prosecutor has a duty to disclose evidence favorable to a defendant; failure to disclose violates a defendant's constitutional rights to due process.

True

A defendant has a Sixth Amendment right to a jury trial for all serious offenses.

True

A speedy trial is a trial free from unnecessary and unwanted delay.

True

Counsel is needed during a trial, because it is a critical stage of the criminal justice process.

True