Chapter 10: The Criminal Trial Process

A challenge for cause does not have to specify a reason that a prospective juror should be excused.

False

with a writ of habeas corpus, a lawyer orders an incarcerated person to be produced in court.

False

The United States Supreme Court does not require a trial by jury for defendents charged with misdemeanor crimes

True

The burden of proof in a criminal trial lies with the defense

False

Double jeopardy always prevents a criminal defendant from being tried twice for the same crime.

False

Evidence is anything used to prove the existence or nonexistence of a fact. 

True

A defendant has the right to “take the fifth” without prejudicing the jury in the prosecution’s favor.

True

The “charge” sets forth the rules of law to be applied by the jury in reaching a decision.

true

Evidence seen by a jury in court is real evidence.

True

A dying declaration would usually qualify as an exception to the hearsay rule.

True

Both the prosecution and the defense have the opportunity to question prospective jurors in a proceeding known as venire.

False

A directed verdict in a state court is known as a “motion for judgment as a  matter of law” in the federal courts.

True

Evidence is anything that is used to prove or disprove a fact.   

True

When the defense presents an alibi to refute the defendant’s culpability, this is an example of an affirmative defense. 

False

The Fifth Amendment requires a speedy trial for those accused of a criminal act.

False

What type of evidence tends to make a fact in question more or less probable than it would be without the evidence?

Relevant

What type of evidence is offered to establish, by inference, the likelihood of a fact that is in question?

Circumstantial

When a witness takes the stand to offer testimony during a criminal trial, both the defense and the prosecutor have ___________ opportunities to question them.

Two

What crime is exempt from the statute of limitations?

Murder

Which of the following is true regarding peremptory challenges?

limited in number.

The standard of guilt in criminal trials is

beyond a reasonable doubt

Which of the following is not a requirement to serve on a jury?

A citizen must be a registered voter

Voir dire  translates from French as

“to speak the truth”

When the jury comes back with a vote for acquittal and the case evidence clearly points to the defendant’s guilt, this is known as

jury nulification