Chapter 9
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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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