Criminal Procedure - Ch. 10 - 11 | Attempts: 432

2.

A trial judge has the duty to see that the

Defendant gets a perfect trial.
Defendant gets a fair trial.
Defendant's interests are protected when there is a not guilty finding.
Defense witnesses do not commit perjury.

Correct Answer

A. Defendant gets a fair trial.

Explanation

The trial judge has the responsibility to ensure that the defendant receives a fair trial. This means that the judge must ensure that the defendant's rights are protected throughout the trial process, that both the prosecution and defense have an equal opportunity to present their case, and that the judge remains impartial and unbiased in making decisions. The judge's role is to ensure that the trial is conducted in a manner that upholds the principles of justice and fairness, ultimately aiming to provide a fair outcome for the defendant.

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3.

A trial judge may hold a person in direct contempt when

The person fails to obey a written order from the court.
The person fails to appear in court when so ordered.
The person commits an act of misconduct in open court before the judge.
All of the above situations.

Correct Answer

A. The person commits an act of misconduct in open court before the judge.

Explanation

A trial judge may hold a person in direct contempt when the person commits an act of misconduct in open court before the judge. This means that if a person behaves inappropriately or disruptively in the courtroom, such as using offensive language, disrespecting the judge, or causing a disturbance, the judge can immediately hold that person in contempt. This is considered a serious offense as it undermines the authority and decorum of the court.

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4.

In which case listed below did the U.S. Supreme Court establish the principle that indigent defendants have the right to an appointed attorney in all felony cases (and misdemeanor which include possible incarceration)?

Brady v. Maryland
Gideon v. Wainright
Brown v. Topeka Board of Education
Argersinger v. Hamilin

Correct Answer

A. Gideon v. Wainright

Explanation

In the case of Gideon v. Wainright, the U.S. Supreme Court established the principle that indigent defendants have the right to an appointed attorney in all felony cases (and misdemeanor which include possible incarceration). This landmark case held that the Sixth Amendment's guarantee of counsel applies to state criminal defendants through the Due Process Clause of the Fourteenth Amendment. Gideon, who was unable to afford an attorney, argued that his right to a fair trial was violated when he was denied counsel. The Supreme Court ruled in his favor, stating that states must provide counsel to indigent defendants in order to ensure a fair trial.

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5.

Which amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions?

First Amendment
Second Amendment
Fourth Amendment
Sixth Amendment

Correct Answer

A. Sixth Amendment

Explanation

The Sixth Amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions. This means that individuals accused of a crime have the right to legal representation to ensure a fair trial. This amendment is crucial in protecting the rights of defendants and ensuring that they have access to legal counsel to assist them in their defense.

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6.

Which of the following statement is true? The privileged communication between a defense attorney and his client:

Makes the defense attorney unable to report a crime his client has told him, he plans on committing tomorrow.
Requires the defense attorney to tell the judge in open court all crimes the defendant has told him he has ever committed.
Prohibits the defense attorney from telling anyone including the court about the location of a dead body his client hid.
Requires the defense attorney to tell the judge about the location of a dead body but only in chambers outside of the presence of the jury.

Correct Answer

A. Prohibits the defense attorney from telling anyone including the court about the location of a dead body his client hid.

Explanation

The correct answer is that privileged communication between a defense attorney and his client prohibits the defense attorney from telling anyone, including the court, about the location of a dead body his client hid. This concept of attorney-client privilege ensures that clients can freely and openly communicate with their attorneys without fear of their statements being used against them. This privilege extends to information about the location of a dead body, as it is considered confidential and protected.

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7.

Please mark either True or False. The Supreme Court has held that the Sixth amendment right to counsel allows a defendant to proceed pro se, that is, to represent himself or herself without counsel.

True
False

Correct Answer

A. True

Explanation

The Supreme Court has indeed held that the Sixth amendment right to counsel allows a defendant to proceed pro se, meaning they can choose to represent themselves without the assistance of counsel. This means that individuals have the right to act as their own attorney in criminal proceedings if they wish to do so.

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8.

Please mark either true or false. Unlike the defense attorney, who is concerned with justice, truth, and fairness, the prosecutor's obligation as established by the American Bar Association's General Standards of Conduct is to use all of his or her courage, devotion, and skills to protect the rights of the accused.

True.
False.

Correct Answer

A. False.

Explanation

The correct answer is False. The explanation is that the defense attorney is the one who is primarily concerned with justice, truth, and fairness, while the prosecutor's obligation is to seek justice by representing the state and presenting evidence against the accused. The prosecutor's duty is not solely to protect the rights of the accused, but rather to ensure a fair trial and uphold the law.

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9.

True or false. Attorneys, as well as their clients, may be held in contempt of court.

True.
False.

Correct Answer

A. True.

Explanation

Attorneys, as well as their clients, may be held in contempt of court. This means that if either party disobeys or shows disrespect to the court's authority, they can be held in contempt. This can include actions such as disrupting the proceedings, refusing to comply with court orders, or engaging in disrespectful behavior towards the judge or opposing counsel. Contempt of court can result in penalties such as fines, imprisonment, or other sanctions deemed necessary by the court.

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10.

Which of the following types of misconduct might cause one to be held in contempt of court?

Insulting the judge.
The prosecutor and the defense attorney insulting each other.
Any act that embarrasses the court.
All of the above.
Only A and C.

Correct Answer

A. All of the above.

Explanation

All of the options mentioned can be considered as types of misconduct that may lead to being held in contempt of court. Insulting the judge shows disrespect towards the authority of the court, while the prosecutor and defense attorney insulting each other can disrupt the proceedings and undermine the integrity of the court. Additionally, any act that embarrasses the court can be seen as disrespectful and disruptive behavior. Therefore, all of these actions can potentially result in being held in contempt of court.

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Criminal Procedure - Ch. 10 - 11

1. Our justice system is known as an adversarial system which means that

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A trial judge has the duty to see that the

A trial judge may hold a person in direct contempt when

In which case listed below did the U.S. Supreme Court establish the principle that indigent defendants have the right to an appointed attorney in all felony cases (and misdemeanor which include possible incarceration)?

Which amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions?

Which of the following statement is true? The privileged communication between a defense attorney and his client:

Please mark either True or False. The Supreme Court has held that the Sixth amendment right to counsel allows a defendant to proceed pro se, that is, to represent himself or herself without counsel.

True or false. Attorneys, as well as their clients, may be held in contempt of court.

Which of the following types of misconduct might cause one to be held in contempt of court?