Chapter 9

20 Questions  I  By IdealistHealer
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  • 1. 
    Few motions are filed in criminal cases
    • A. 

      True

    • B. 

      False


  • 2. 
    If the accused commits a series of crimes of the same nature, those crimes may not be tried together.
    • A. 

      True

    • B. 

      False


  • 3. 
    If the competency of the defendant is in question:
    • A. 

      The proceeding is stopped until the issue of competency is determined.

    • B. 

      A plea of not guilty by reason of insanity is entered.

    • C. 

      The defendant must be placed in a mental hospital.

    • D. 

      The trial proceeds with the defense having the assistance of a psychiatrist.


  • 4. 
    If two or more persons jointly commit a crime, they must be tried together.
    • A. 

      True

    • B. 

      False


  • 5. 
    In states where pretrial discovery is not recognized, generally the defendant must rely on:
    • A. 

      Arraignment

    • B. 

      Preliminary hearing

    • C. 

      Trial judge's discretion

    • D. 

      None of the above


  • 6. 
    Most state laws generally provide that a continuance may not be granted except:
    • A. 

      On a request of the defendant

    • B. 

      On a request of the prosecutor

    • C. 

      As needed to effectuate the ends of justice

    • D. 

      On request of the trial judge


  • 7. 
    The chief argument against granting the prosecution any right of discovery is that the right would be compelling the defendant to:
    • A. 

      Be a witness against himself or herself

    • B. 

      Reveal the weakness in the defense case

    • C. 

      Subject the witnesses to harassment

    • D. 

      Reveal an alibi defense


  • 8. 
    The most frequently used reason to request the suppression of evidence is that the evidence was unlawfully seized. 
    • A. 

      True

    • B. 

      False


  • 9. 
    The police searched Jerry’s home without a warrant and found drugs under his bed. To contest the legality of the search, his counsel may file a motion to:
    • A. 

      Censure the police officers

    • B. 

      Admit the evidence

    • C. 

      Suppress the evidence

    • D. 

      Determine the legality of the search


  • 10. 
    The right of discovery comes into being by legislative action only. 
    • A. 

      True

    • B. 

      False


  • 11. 
    The right of discovery existed at common law. 
    • A. 

      True

    • B. 

      False


  • 12. 
    The right of discovery permits the opposite side to inspect the evidence held by the opposition.
    • A. 

      True

    • B. 

      False


  • 13. 
    The right of discovery was created primarily for the benefit of the prosecution. 
    • A. 

      True

    • B. 

      False


  • 14. 
    The right of pretrial discovery may come into being by:
    • A. 

      Legislative action

    • B. 

      Appellate court decisions

    • C. 

      Appellate court decision and/or legislative actions

    • D. 

      Executive flat


  • 15. 
    The right of pretrial discovery was originally granted to the defendant upon the theory that the right would assist the defendant:
    • A. 

      In obtaining the names of key witnesses.

    • B. 

      In suppressing unfavorable testimony.

    • C. 

      In establishing an alibi.

    • D. 

      In the preparation of his or her case and would aid in obtaining a fair trial.


  • 16. 
    The U.S. Supreme Court has not sanctioned plea bargaining.
    • A. 

      True

    • B. 

      False


  • 17. 
    The U.S. Supreme Court has sanctioned the right of discovery by the prosecution. 
    • A. 

      True

    • B. 

      False


  • 18. 
    Two defendants are being tried together for the robbery of a bank. The defendants do not want to be tried at the same time in the same court. Their counsel should submit a motion for:
    • A. 

      Joinder of offenses

    • B. 

      Joinder of defendants

    • C. 

      Severance of offenses

    • D. 

      Severance


  • 19. 
    When the prosecutor enters a nolle prosequi, he or she takes the following action:
    • A. 

      Demands a swift trial

    • B. 

      Requests that the trial court dismiss the action

    • C. 

      Requests that the trial court censure the defense for misconduct

    • D. 

      Request that the trial court immediately issue a ruling on the motion


  • 20. 
    Whether or not a continuance is granted is based on:
    • A. 

      Needs of the prosecution

    • B. 

      Needs of the defense

    • C. 

      Needs of the jury

    • D. 

      The discretion of the trial judge


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