Question 1

"Death qualification" means that jurors in a capital case understand that they may have to consider the death penalty if the defendant is convicted.

Accepted Answer

False

Question 2

In a closing argument to a jury it is proper for a lawyer to comment on the weight of the evidence and the credibility of the witnesses.

Accepted Answer

It is proper for a lawyer to comment on the weight of the evidence and the credibility of the witnesses in a closing argument to a jury. The purpose of a closing argument is to summarize the evidence and persuade the jury to reach a particular verdict, and commenting on the strength of the evidence and the credibility of the witnesses is an important part of this process. However, the lawyer must still follow the rules of evidence and avoid making improper or prejudicial statements.

Question 3

In 1990 the Supreme Court held that the Sixth Amendment's Confrontation Clause absolutely prohibits states from using one-way closed circuit television to receive a child's testimony in a child abuse case.

Accepted Answer

In 1990, the Supreme Court held in Maryland v. Craig that the Sixth Amendment's Confrontation Clause does not absolutely prohibit states from using one-way closed circuit television to receive a child's testimony in child abuse cases, provided that certain findings are made regarding the necessity of such a procedure to protect the child witness.

Question 4

A witness with proper credentials can be received as an expert, may testify based on personal knowledge, and may respond to hypothetical questions that assume the existence of facts the evidence tends to establish.

Accepted Answer

A witness with proper credentials, such as an expert, can testify based on personal knowledge and respond to hypothetical questions assuming the existence of facts the evidence tends to establish.

Question 5

Federal appellate courts have approved the use of an anonymous jury where there is a strong reason to believe the jury needs protection and where reasonable precautions are taken to ensure the defendant's fundamental rights are protected.

Accepted Answer

This statement is true. Federal appellate courts have allowed the use of anonymous juries in certain cases for the protection of the jury members and the defendants' rights must be protected as well.

Question 6

During their closing arguments at trial, both the prosecutor and the defense counsel may refer to matters not in evidence.

Accepted Answer

During their closing arguments, both the prosecutor and the defense counsel are limited to discussing matters that have been presented into evidence during the trial. They cannot refer to matters not in evidence as it would be considered prejudicial and could lead to a mistrial or an appeal.

Question 7

Televising criminal trials is now an accepted practice in both state and federal courts.

Accepted Answer

While some state courts allow the televising of criminal trials under certain conditions, federal courts generally prohibit cameras and the broadcasting of trials.

Question 8

A defendant in a criminal case is entitled to have the jury instructed on the law applicable to any legitimate theory of defense supported by the evidence at trial.

Accepted Answer

This is a fundamental principle of criminal procedure and is recognized in most legal systems around the world. It is also known as the "instruction on the law of the case" and ensures that the jury is able to consider all possible defenses before reaching a verdict.

Question 9

A defendant is entitled to have the jury instructed on the law applicable to any legitimate theory of defense supported by the evidence.

Accepted Answer

This is known as the theory of defense instruction, and it is a constitutional right guaranteed by the Sixth Amendment. The instruction must be based on the evidence presented at trial and must be a legitimate theory of defense, not a mere speculation or conjecture. Failure to provide such an instruction can result in a violation of the defendant's right to due process.

Question 10

The Supreme Court has approved nonunanimous verdicts by twelve-person juries, but has held that a conviction by a nonunanimous six-person jury in a state trial for a nonpetty offense violates the Sixth Amendment.

Accepted Answer

The Supreme Court has upheld nonunanimous verdicts by twelve-person juries, but has ruled in Apodaca v. Oregon (1972) that nonunanimous verdicts by six-person juries in state criminal trials do not violate the Sixth Amendment in federal cases, but has held in Ramos v. Louisiana (2020) that such verdicts do violate the Sixth Amendment in state cases.

Question 11

Although the law provides an attorney-client privilege in regard to matters discussed by a client with counsel, the attorney may waive privilege.

Accepted Answer

The attorney-client privilege is held by the client, not the attorney, meaning only the client can waive the privilege.

Question 12

In order to keep the prosecutor and the defense counsel from "trying a case in the media," a judge can issue a gag order prohibiting the attorneys from talking to the press about the case.

Accepted Answer

A judge can issue a gag order to prevent attorneys from speaking to the media about a case in order to avoid prejudicing potential jurors and to ensure a fair trial.

Question 13

The Fifth Amendment privilege against self-incrimination protects the defendant from being required to testify, absent a grant of immunity, and forbids any direct or indirect comment by the prosecution on the defendant's failure to testify.

Accepted Answer

The Fifth Amendment privilege against self-incrimination does indeed protect the defendant from being required to testify and prohibits the prosecution from commenting on their decision not to testify.

Question 14

The Sixth Amendment guarantees an accused the right to a trial by jury in a criminal case where a penalty of more than six months imprisonment can be imposed.

Accepted Answer

The Sixth Amendment does guarantee the right to a trial by jury in a criminal case where a penalty of more than six months imprisonment can be imposed.

Question 15

The United States Supreme Court has ruled that it is constitutionally permissible for a state to provide for a less-than-unanimous verdict in six-person juries in criminal trials.

Accepted Answer

The answer of The United States Supreme Court has ruled...

Question 16

The Supreme Court has held that a judge may have an unruly defendant removed from the courtroom or bound and gagged until the defendant agrees to proper decorum.

Accepted Answer

The Supreme Court has ruled that a judge may use physical restraints on a disruptive defendant as a last resort to maintain decorum in the courtroom. However, there are strict guidelines for the use of such measures and they must be necessary to prevent harm or irrevocable disruption of the court proceedings.

Question 17

The practice of a trial court receiving, without proof, certain information well known by the public is referred to as the court taking "judicial notice."

Accepted Answer

This is a correct statement. Judicial notice allows a court to accept certain facts without the need for parties to provide evidence to prove them. The facts must be commonly known and accepted by the public or capable of easy verification.

Question 18

The Federal Rules of Criminal Procedure now permit photography of judicial proceedings.

Accepted Answer

The Federal Rules of Criminal Procedure generally prohibit the taking of photographs in the courtroom during criminal proceedings to maintain the integrity of the trial and protect the privacy of the parties involved.

Question 19

For purpose of ruling whether to grant a defendant's motion for a judgment of acquittal (directed verdict), a trial judge must view the evidence in a light most favorable to the defendant.

Accepted Answer

For the purpose of ruling on a defendant's motion for a judgment of acquittal (directed verdict), a trial judge must view the evidence in the light most favorable to the prosecution, not the defendant. This standard ensures that the case only goes to the jury if there is sufficient evidence for a reasonable jury to convict.

Question 20

Once a physician offered by the prosecution as an expert witness testifies to his or her qualifications, cross-examination as to those qualifications by the defense is not permitted.

Accepted Answer

Cross-examination by the defense as to the expert witness's qualifications is permitted after the testimony on qualifications is given.

Quiz 6: The Criminal Trial