Criminal Evidence, 8e (Garland)
Chapter 2 The Trial Process
1) If the penalty for a crime is less than one year, an accused is not entitled to a jury trial.
Answer: FALSE
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2) A defendant can absolutely waive his right to counsel if the judge believes the defendant is
knowingly waiving that right.
Answer: TRUE
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3) Six-member juries are permitted in serious crimes cases only if they reach unanimous
verdicts.
Answer: TRUE
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4) In a criminal trial, the level of evidence the prosecution must present in order to get a
conviction is a preponderance of the evidence.
Answer: FALSE
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5) Venire is a pool of available jurors sent to a courtroom.
Answer: TRUE
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6) A bench trial is the same as a court trial.
Answer: TRUE
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7) A potential juror may be excused from voir dire for no articulable reason.
Answer: TRUE
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8) Alternate jurors deliberate with the jurors on the panel but do not participate in rendering the
final verdict.
Answer: FALSE
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9) The jury that finds a defendant is guilty will also determine his or her punishment.
Answer: FALSE
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10) Historically, a judge would notify the jury of its power to nullify.
Answer: FALSE
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11) The judge will ultimately decide whether a witness is credible or not.
Answer: FALSE
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12) A fine is the only punishment for being held in criminal contempt.
Answer: FALSE
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13) A judge will decide which criminal charges should be prosecuted and which should not.
Answer: FALSE
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14) A prosecutor does not have to present all available physical evidence.
Answer: TRUE
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15) A prima facie case rules out the possibility that anybody other than the defendant committed
the crime.
Answer: FALSE
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16) The same steps that were used in presenting a prosecution's case-in-chief are followed in the
defendant's case-in-chief, should the defendant choose to present a case.
Answer: TRUE
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17) The prosecutor is not at all limited as to the order of witnesses called to testify.
Answer: TRUE
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18) Leading questions usually occur during cross-examination.
Answer: TRUE
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19) Any evidence that goes to prove the innocence of an accused is known as inculpatory
evidence.
Answer: FALSE
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20) The prosecutor must prove a majority of the elements of a charged offense beyond a
reasonable doubt.
Answer: FALSE
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21) In a criminal trial, only a preponderance of the evidence must be presented on the part of one
side or the other to receive a favorable judgment.
Answer: FALSE
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22) A judge prepares jury instructions.
Answer: FALSE
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23) Juries are rarely sequestered for an entire trial.
Answer: TRUE
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24) During redirect examination, an attorney may not bring up an issue that has not already been
discussed.
Answer: TRUE
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