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Question
Any decision to increase a prison sentence because of aggravating factors must be made by the:A) prosecutor.
B) defense attorney.
C) judge.
D) jury.
E) none of the above
Answer
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Related questions
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A ________________ is a group of men and women selected from the community to determine the truth.
Q:
Which is true?
A) The Department of Justice has never issued a subpoena for a reporter's testimony.
B) The Department of Justice does not routinely issue subpoenas for reporters' testimony.
C) The reporter's privilege to protect sources is absolute.
D) The reporter's privilege to protect sources does not exist.
E) None of the above is true.
Q:
Until recently, the crime of rape did not include a sexual assault on one's wife.
Q:
You represent a man accused of rape. He claims the victim agreed to have sex with him, but then accused him of rape afterwards. What evidence could you introduce to support his claim?
A) Evidence that the woman entered his bedroom voluntarily
B) Evidence that the woman disrobed voluntarily
C) Nude texts she had sent him prior to their meeting
D) all of the above
E) none of the above
Q:
Which statement is incorrect concerning the impeachment of a president?
A) Impeachment articles are voted on in the House of Representatives.
B) Impeachment articles are voted on in the Senate.
C) A trial is held by the Senate, which requires a two-thirds super majority for conviction.
D) The charge must be that the object of impeachment has committed high crimes or misdemeanors.
E) Congress has never established a standard burden of proof, but rather leaves this up to each individual's conscience.
Q:
Defense attorneys have the option of delivering their opening statement following the prosecution's opening statement, or after the prosecution has presented its case.
Q:
Consent is a defense to incest:
A) when both parties are over the state's age of consent.
B) when the female is older than the male.
C) always
D) never
E) none of the above
Q:
Under what circumstances, if any, should subjects be tried and convicted with an evidentiary standard short of reasonable doubt?
Q:
When DNA evidence is presented in court:
A) only the technician who processed the DNA may testify in compliance with the Constitution's confrontation clause.
B) the defense is not allowed to cross-examine the prosecution's expert, but may present its own.
C) it is presented because it is mandatory that every accused person have all relevant DNA evidence presented at trial.
D) a simple data summary is sufficient because a thorough explanation would confuse many jurors.
E) none of the above
Q:
In a rape case, prosecutors must prove:
A) that a sex act took place.
B) that the sex act took place by force or threat of force.
C) the victim did not or could not consent to the act.
D) the victim did not enjoy the act.
E) A, B, and C.
Q:
A grand jury must find that the accused committed the crime beyond a reasonable doubt in order to indict him/her.
Q:
A defendant facing charges that are punishable by more than six months has no alternatives to a trial by jury.
Q:
To get a sedition conviction, prosecutors must prove the defendant was part of a conspiracy.
Q:
Which of the following is probably a case of incest?
A) Non-consensual intercourse with a girl under age 18
B) Consensual intercourse between a man and his adult daughter
C) Consensual intercourse between a woman and her 10-year-old nephew
D) none of the above
E) both B and C
Q:
Grand juries:
A) investigate crimes.
B) can subpoena witnesses.
C) vote to issue indictments.
D) determine guilt or innocence.
E) A, B, and C.
Q:
Espionage is an example of criminalized treasonous behavior.
Q:
Discuss the controversy over euthanasia and living wills.
Q:
Which of the following statements is true concerning the difference between federal and state juries?
A) Federal juries always consist of twelve members, while some state juries may be as small as six.
B) Federal juries always require a unanimous verdict, while some state juries do not.
C) Federal juries hear cases concerning federal law violations, while state juries hear cases of alleged state law violations.
D) All of the above are true.
E) None of the above are true.
Q:
Which of the following items is a prosecutor NOT required to provide to the defense during discovery?
A) the defendant's oral statements
B) the defendant's written or oral statements
C) the defendant's prior record
D) a copy of the prosecution's opening statement
E) the names of any expert witnesses
Q:
The Patriot Act was passed during George Washington's tenure as President, and honored all those colonists who died in the War for Independence.
Q:
Habeas Corpus means "you have the body."
Q:
How many witnesses to a treasonous act does the Constitution require for proof?
A) None. This may be proven by circumstantial evidence.
B) One
C) Two
D) Three
E) The Constitution does not specify a number.
Q:
Explain the exclusionary rule and give examples of its application. Also discuss "good faith" and how it applies.
Q:
Explain the concept of "expectation of privacy" and its role in determining the need for a search warrant.