Question 1

After grand jurors are sworn in, they are charged by the:

Accepted Answer

After grand jurors are sworn in, they are charged by the judge with their duties and responsibilities. The judge explains the law and what is expected of them during their service on the grand jury.

Question 2

A factor that the court can consider in deciding a motion for change of venue include is:

Accepted Answer

Trials at a distant location can place a burden on the witnesses, such as causing them to incur travel and lodging expenses, resulting in difficulty in their work and personal lives, and potentially affecting their testimony. This means that the court can consider the convenience of the witnesses in determining whether to grant a change of venue motion. The other options, such as the courts' workload, the prosecutor's staffing, or police preferences, are not relevant factors in deciding a change of venue motion.

Question 3

The qualifications for federal grand jurors include which of the following?
I. U.S. citizenship
II. be 18 years or older
III. ability to speak, write, and read English
IV. no felony convictions

Accepted Answer

Federal grand jurors must be U.S. citizens, at least 18 years old, able to speak, write, and read English, and have no felony convictions.

Question 4

The prohibition against double jeopardy attaches:

Accepted Answer

The answer of The prohibition against double jeopardy attaches:
...

Question 5

The prohibition against double jeopardy is found in:

Accepted Answer

The Fifth Amendment prohibits double jeopardy, which means that a person cannot be tried twice for the same crime.

Question 6

If an arrested person does not receive a judicial determination of probable cause within 48 hours, the state bears the burden of proving that there has not been an unreasonable delay.

Accepted Answer

This is a requirement under the Fourth Amendment of the U.S. Constitution, known as the "48-hour rule." If probable cause is not determined within 48 hours, the state must show that the delay was reasonable.

Question 7

If a defendant's constitutional right to a speedy trial is violated:

Accepted Answer

When a defendant's constitutional right to a speedy trial is violated, the typical remedy is the dismissal of the charges against the defendant. This is because the right to a speedy trial is fundamental, and its violation undermines the fairness of the judicial process.

Question 8

Misdemeanor defendants commonly enter a plea at their first appearance.

Accepted Answer

It is common for misdemeanor defendants to enter a plea at their first appearance, also known as an arraignment. However, they may choose to enter a plea later in the proceedings.

Question 9

The prohibition against double jeopardy prohibits all of the below, except:

Accepted Answer

The prohibition against double jeopardy only applies to multiple punishments for the same offense, and to a second prosecution for the same offense after either conviction or acquittal. It does not prohibit multiple punishments for multiple crimes stemming from the same act(s), as long as each crime is considered a separate offense.

Question 10

The speedy trial clause prohibits:

Accepted Answer

The speedy trial clause only prohibits undue delays in prosecution. Delays caused by the state or due to trials of other defendants may be reasonable and necessary for a fair trial process.

Question 11

According to the Supreme Court, the Fourth Amendment requires that the police take suspects detained without arrest warrants promptly to a judge or magistrate for a determination of probable cause.

Accepted Answer

This is known as the "prompt arraignment" or "Gerstein hearing" requirement, and was established in the Supreme Court case Gerstein v. Pugh (1975).

Question 12

Which of the following actions are prohibited by the double jeopardy clause?
I. a second prosecution for the same offense after a hung jury
II. multiple punishments for the same offense
III. a second prosecution for the same offense after conviction
IV. a second prosecution for the same offense after acquittal

Accepted Answer

The answer of Which of the following actions are prohibited...

Question 13

Preliminary hearings and grand jury review differ in several important respects. These differences include:
I. preliminary hearings are secret; grand jury proceedings are public.
II. preliminary hearings are adversary proceedings; grand jury proceedings are not.
III. judges preside at preliminary hearings; prosecutors manage grand jury proceedings.
IV. grand jury proceedings determine probable cause to prosecute a defendant; preliminary hearings do not.

Accepted Answer

Preliminary hearings are adversary proceedings with a judge presiding, while grand jury proceedings are not adversarial and are managed by prosecutors. Grand jury proceedings are secret, not public, and both determine probable cause.

Question 14

According to the dual sovereignty doctrine:

Accepted Answer

The dual sovereignty doctrine holds that different jurisdictions (such as state and federal governments) can prosecute and punish someone for the same conduct, because each sovereign has its own interest in enforcing its laws. This means that someone can be tried and punished by both the state and federal governments for the same crime, without violating the double jeopardy clause.

Question 15

The principal mechanisms for testing the government's case against defendants prior to trial include:
I. grand jury review.
II. first appearance.
III. arrest warrants.
IV. preliminary hearings.

Accepted Answer

Grand jury review and preliminary hearings are the primary mechanisms for testing the government's case against defendants prior to trial.

Question 16

According to the Supreme Court, the four elements that determine whether a delay violates the speedy trial clause include:
I. the length of the delay.
II. the reason for the delay.
III. the defendants' assertion of their right to a speedy trial.
IV. the prejudice that the delay causes to the defendants' case.

Accepted Answer

The Supreme Court in Barker v. Wingo established a four-factor balancing test to determine if a delay violates the speedy trial clause, which includes all four elements: the length of the delay, the reason for the delay, the defendant's assertion of their right, and the prejudice to the defendant.

Question 17

The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.

Accepted Answer

The answer of The rights of jailed defendants awaiting trial...

Question 18

Preliminary hearings:
I. are adversary proceedings.
II. are open public proceedings.
III. require the prosecutor to present evidence of the defendant's guilt.
IV. permit the defense to present evidence.

Accepted Answer

Preliminary hearings are adversary proceedings (I) where both sides can present evidence (IV), they are typically open to the public (II), and the prosecutor must present evidence to show probable cause of the defendant's guilt (III).

Question 19

The speedy trial clause of the Sixth Amendment promotes/protects which of the following interests?
I. prevents prolonged detention prior to trial
II. guards against weakening the defense's case
III. reaching the correct result in individual cases
IV. organizational interests in efficiency and economy

Accepted Answer

The speedy trial clause of the Sixth Amendment is designed to prevent prolonged detention prior to trial (I), guard against weakening the defense's case due to delays (II), and also serves organizational interests in efficiency and economy (IV). While it indirectly supports reaching the correct result (III), this is not its primary focus.

Question 20

The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof.

Accepted Answer

The probable cause needed to detain someone is lower than the probable cause needed to go to trial. Probable cause to detain only requires a reasonable belief that a person has committed a crime or is about to commit a crime, while probable cause to go to trial requires a higher standard of evidence, such as a preponderance of evidence or proof beyond a reasonable doubt.

Quiz 12: Basic Constitutional Rights of the Accused During Trial