Criminal Litigation Quiz

Can you help me understand this Law question?

Please answer the following questions:

1. John stole Brian’s lawnmower. John can be charged under the criminal laws of the jurisdiction, as well as be sued civilly by Brian in order for Brian to recover for his monetary loss.

2. Prosecutor Bob is engaged to Mary and has been assigned to prosecute Tony, Mary’s brother, for possession of cocaine. Bob should ask his boss to reassign this case to another prosecutor as Bob has a conflict of interest.

3. Grand juries can subpoena witnesses and documents without probable cause.

4. The information serves the same purpose as the indictment.
5. A guilty plea is entered for a defendant who stands mute.

Multiple Choice (1 point each): Identify the choice that best completes the statement or answers the question.

6. Recorded judicial opinions are
a. important only as history
b. an important part of the law
c. called expost facto laws
d. available only from the U.S. Supreme Court

7. The prosecutor may
a. influence the opinion of an expert witness
b. use the office to gain personal publicity
c. pay the expenses of a witness
d. avoid investigating leads that will favor the accused

8. Defense counsel may attempt to undermine the testimony of a witness who the attorney believes is telling the truth
a. in all situations
b. if it is for the purpose of putting the state to its proof
c. if the prosecution appears to be winning
d. if the prosecution has undermined the testimony of a defense witness

9. The prosecutor has no duty to
a. enforce the rights of the public
b. convict the guilty
c. guard the rights of the accused
d. seek the severest penalty

10. Public defenders are appointed
a. only in death penalty cases
b. when cases involve public policy
c. for indigent defendants
d. at the court’s discretion

11. Pro se representation means the defendant has
a. himself or herself as counsel
b. public defender as counsel
c. private attorney as counsel
d. a qualified lay person as counsel

12. For greater efficiency and security, initial appearances are increasingly conducted
a. in jails
b. by interactive video
c. by texting
d. by instant messaging

13. The National Communication Information Center
a. is an arm of the FBI
b. keeps records on all persons convicted of crimes
c. keeps records from federal jurisdictions only
d. is open for anyone to do searches

14. For the grand jury, the prosecutor serves as
a. a facilitator
b. an advocate of indictment
c. a voting member of the panel
d. prosecutors are often not allowed to present at grand jury proceedings

15. To preserve their autonomy, grand juries work
a. in open meetings
b. in secret
c. completely independent from the rules of criminal procedure
d. closely with defense counsel

16. Which is an example of a leading question?
a. You had been smoking marijuana that evening, hadn’t you, Mr. McIntire?
b. What time did you go to work that evening, Ms. Rude?
c. How many guests did you invite to your party, Ms. Stroud?
d. Did your husband say that he wanted to keep the ring in the family when he gave it to you, Ms. Cordoba?
Short Answer (3 points each)

18. Why is our criminal justice system an adversarial system? Why is this so important?

19. Define exculpatory evidence.

20. What are two problems involving media coverage of trials? Can you think of two advantages of media coverage of trials?


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