Chapter 9 Quiz - Constitutional Law for Criminal Justice

Jeopardy attaches in a jury trial when:

as soon as a jury has been empaneled and sworn in

after criminal prosecution has been initiated

when the defense rests

when the jury reaches a verdict

None

Double jeopardy does not apply if the following takes place:

a mistrial is declared at the request of the defense

the defendant’s conviction is overturned on appeal

the first trial ends in a hung jury

all of the above

None

Laws like those requiring sex offenders to register with local police are constitutional under the Eighth Amendment because:

the Eighth Amendment distinguishes between criminal and civil punishments

double jeopardy has not attached

of “manifest necessity”

both a & c

None

The right to a speedy trial is protected under:

due process

the Sixth Amendment

the Eighth Amendment

the Fifth Amendment

None

Voir dire refers to:

examination of potential jurors

cruel and unusual punishment

grand jury proceedings

double jeopardy

None

Courts consider the following factors when deciding whether prejudicial news coverage compromised the impartiality of the jury, except for:

extent of the publicity

the defendant’s inability to make bail

proximity of time to trial

the nature of the publicity

None

The prosecutor’s duty to disclose exculpatory information to the defense was established in:

Baldwin v. New York

Barker v. Wingo

Brady v. Maryland

United States v. Marion

None

The following crimes are eligible for the death penalty:

third conviction for a violent felony

rape of a young child

murder

all of the above

None

One or more of these must be present to impose the death penalty:

mitigating factors

aggravating factors

prior convictions for violent crimes

all of the above

None

10.

The following Supreme Court case highlights the unfairness in application of the death penalty:

McClesky v. Kemp

Arizona v. Youngblood

California v. Trombetta

United States v. Perez

None

11.

Protection against double jeopardy is provided in the:

the first trial must end in acquittal

both prosecutions must involve a felony

both prosecutions must be brought under the same section of the penal code

both prosecutions must be brought by the same sovereign entity for the same offense

None

12.

The accused is placed in jeopardy (i.e., jeopardy attaches) when:

he or she is indicted

he or she is arraigned and enters a plea to the indictment

the jury is sworn or, in cases tried without a jury, when the judge begins hearing testimony

the jury returns a verdict

None

13.

The Sixth Amendment guarantees the right to:

cross-examine prosecution witnesses

a jury trial

a speedy trial

all of the above

None

14.

The “same element” test is used to determine when:

prosecutions brought under different portions of the penal code represent the same offense

multiple punishments violate double jeopardy

the federal government can prosecute a defendant who has previously been tried in a state court

all of the above

None

15.

Trial by a jury of one’s peers was a unique invention of the U.S. justice system.

TRUE

FALSE

None

16.

The right to a public trial does not apply to grand jury proceedings.

TRUE

FALSE

None

17.

For most crimes, criminal charges must be made within a fixed number of years.

TRUE

FALSE

None

18.

The right to a jury trial does not apply to juvenile court proceedings.

TRUE

FALSE

None

19.

For jury trials brought both in federal and state courts, the number of jurors must be 12.

TRUE

FALSE

None