We meet again...

My time this past year has really been mundane. Not doing to much. Been in a depression hell. This dark abyss that is so hard to conquer alone that this is my very reason why I am in this pit. How do you just let a quarter of you life go? How can you be happy without trying to find doppelgangers of your first true love. Why is it so hard to move on. Hell it has been years that we have no been together. Still the ever longing to even just to say Hi or even be back in his arms where home really felt. What did I do to deserve this four year streak of a endless journey that still has yet to end. I need human emotion like I need water and food. I can't survive or feel whole and complete without this. I grew up with my first love "Aaron" for over 7 or 8 years total but officially where together by each others side for 6. I miss my best friend. I just want to reminisce all of our memory we had together growing up. Most of what we accomplished where mile stones that non other have achieved at such a young age. Myself being alone since I was 13 and living in California alone without my mother or father, Her moving to Colorado and my father moving to Indiana. Left alone I strive to be the best kid I was. Using the doohboy pool water outside my backyard to flush the toilet. No electricity and begging people to use there showers. Until the bank came and foreclosed on my house by the time I was 14 with a padlock and sold every item that made me and my family whole. Aaron was there for me the entire way. He helped me with bus fair to get to jr high to support myself and walk the stage. He was even there for my when I went to about 14 different high schools. Never once letting my family get in trouble or any public school officials know what I was going through. It has been a constant battle in my life. I have yet to call a place home no more then three months at time. Sometimes a lot less. But for the past  10 years of this I would call that my average rate at each place. My mother and father where so caught up in their own world that there three children just couldn't budget. 5 people became 5 strangers. 5 people became an acquaintance and fear of despair. Although Things have changed just recently my mom is letting me stay with her for a bit, but It is not a welcoming stay. For which I am so desperate to get out of her hair and  let her be. Small tiny room in a trailer is not sufficient safety or security for one. As a grown male who is depressed with social anxiety and trans issues. It is hard to love myself when in fact all I love is my first love. Looking for him. Trying to find him. Trying to find my last hug and talk. A never ending search for someone who doesn't want me around. Barely having family I hold onto the hope and memories of what I call my Book of Smiles. I have this uncanny thing where I take many photos only when I am happy or feeling some great emotion. While I was with Aaron I accumulated well about one hundred thousand photos. While I was with him it never mattered. I was never used or abused and never mistreated. He truly loved me. Men these days just ruin me and it seams to get worse and worse. I pray everyday. I cry everyday. That I can have my day with him one last time. Just to be best friends for that single moment and laugh about all the adventures we had. From dating off myspace for two years. Then ending up going to the same high school together, Our first apartment at my age of 16 with going to high school full time and working double part time. We got our first apartment. Great place. I would travel 1200 miles again to go back to my first apartment in CO with him and laugh at the memory's. From following each other to wearing the same outfits daily and not just living together but also working side by side with each other. Starbucks was my fav. We both bounced ideas, or this one time we worked at McDonald's together and pretended to be brothers since it was a small hick town. Now that ended in disaster then someone walked in on us making out in the freezer. good times. walking miles in the snow with each other treading and holding each other to stay warm. Then we moved back to Cali where his mother took care of me for a bit while he got a bank job. Then it was Modesto junior college and our second apartment together. From my ties with real estate we had our 2 bedroom apartment for only 225 a month. Well it helped being the owners of the lot 's best friend and her mother loved me. So being a complex manager we barely even had to work and or do anything to succeed. I went to MJC and studied Administration of Justice. While he worked at his bank but helped me a lot since his father is internal affairs for the Modesto PD. Also his wife is also a detective but pretty sure she is also in internal affairs. These people inspired me. Made me want to be them. Gave me a real father to look up to and a real dream then just being called names from a redneck. My dream was to be a police office. Although I came in to something with a guy that when I am scared I do whatever they tell me to do. Something I would have never done in my right mind if I was not threatened. No body listened to me. No one understood my troubles of this horror and how I am where I am now. What's the point. Being lost in love that even if I jumped over that fence that was redone with diamonds that are impenetrable unlike the dead grass that I got when I thought it was greener in the first place. No body believes me that my conviction was out of me running away from a stranger because I was scared for my life. Only two days in a state and not knowing numbers and no phone how do people survive these days? I didn't plead the fifth because I am a good person and told the officers the truth. But didn't listen to me because he was training a new officer and didn't care about me. When someone begs for help then doesn't get it then why do we even have a system. I told the truth. So now my entire life has been taken away from me. What is someone who had dreams in being a cop or at least a correctional officer for delinquents who are in the system. So now I can't find any job depressed because i seek out the look a likes to ease my time.  But on that note. I can tell I am just a cash out to many people who have been trying to get at me. I am a happy caring loving person who just wants safety and security in life. I don't want to feel like a criminal because of a incident where I could have been dead from "actual real death threats" that once i got away I got away. No shoes roaming the streets. lost. Just looking for my mommy. Two major fails in my life. So now I dunno how I keep putting myself in the situations where these people are everywhere. That just use me, lie to me, and lately have been unknowingly drugging me. Yes I agree on doing drinking and accept this and that. But I was always told lies that its nothing bad. Or I have to sit there and listen to people create stories in their head out loud. I don't even understand why people would make up stuff and say it out loud like it had actually happened. I am observant. And when people start acting crazy I treat crazy how they want to be treated. With full understanding and the reassurance that yes whatever you think in your mind is to be true then go for it. I know the truth. I know that I am just a good little nerd just searching for my pooh bear. In the end. It may just lead me to my 100 acre forest where I can finally meet my personification love of stuffed animals wearing short shorts.




rant 101



lost :/ help find me

self help report

Kenneth Ward

12/13/2015

Self-Help

What Is Your Legacy?

      To
          The better you,

       Hope. What is hope and why do we as a person in today's society of a young transgendered man struggling through loss, pain, and anguish to strive for this so called goals with a four letter but yet so confusing word. These are the main questions that go through my mind every second. This will causes me to feel helpless, lost, and confused. understanding my definition of what I believe what "hope" means; Well let's just say that it would be the equivalent of a four month course in A fundamental facility where as myself would be the teacher of this course. My feelings on what I have to say about "hope" could take up that much time to understand. Even though knowing that hope is a daily battle that I strive for in order to be a functioning person withen today's society. I am not trying to realize that hope is my only beacon to do well in life but to better understand myself in life. I have to know that hope isn't the only item that can improve my outcome of what my legacy is.
Which appeals to more questions; am I actually suicidal? In fact I am not, I have just grown to be scared of this world now. I have to let others help me in order to live and if I try to be 100% independent but in today's socity being a millennial and even from the X and or Y generations that a Full time job in America does not mean that you can be on your own without dual income of a partner.

You make the sad into a trophy. A trophy of completing that emotion and taking it as another emotion

As we sit here today and ponder what the meaning to life is just really comes down to what I think and strive for mostly. A single word that is so powerful that it keeps me going.

This is my spiritual, mentality, and the reason I can withstand and strive to be who I am and find what my legacy really is

How to Understand me in 11 astonishing ways

the reason I am feeling hurt, lost, and destroyed that this little article of how to understand me is sp phenomenal. It is making me think that even with the world at my finger tips. These 11 items summed up me and why only other gay men can understand the way of life that we have to become. From being the 10% of the population that is of the homosexual decent and the 2% of the world that is HIV-positive. On top of that I am a woman trapped inside a mans body, that fights himself everyday in "my" mind of who the fuck am I?!?!?!






the artical/link is as cited:Fem Guy
By Zac11 Excellent Reasons Date Fem Guy. [Unkown Date (possibly Winter 2015) ] http://www.pride.com/gay/2015/12/10/11-excellent-reasons-date-fem-guy

I just feel the need to recreate withis blog so it is easier for myself and others (if i ever make this not private) to better understand me as a Moral and to present you with my character as a person. Since it is 12 different web pages in order to find out each reason.

As written:

  Fem guys get a lot of undeserved flak in the dating world. Many gay/bi men are only interested in “masc” guys. A real “manly man” who spends his free time chopping firewood while drinking whiskey, neat. While there’s nothing wrong with a man like that, there’s more to masculinity than hair, muscles, hand grip, and an inability to cry. So I challenge all those "No Fems" men to expand their mind, and stop being, well … basic. Here are 11 reasons you should date a guy who identifies as fem (in case you needed reasons).

1. He’s not afraid to express himself
He won’t bottle up his emotions or hold back tears, which leads to problems. He’ll tell you what he’s feeling.

2. He’s got tough skin

There’s a good chance he was bullied in high school for "acting gay", which probably thickened his skin.\

3. He can actually dance well

And pop that booty like no other.

4. He takes care of himself

                                              

He manscapes, works out regularly, and keeps himself looking and feeling as healthy as possible.

5. He’s sensitive

Which, no, is not a bad thing. It makes him more empathetic, less judgmental, and more honest.

6. He knows how to communicate

He will not only tell you what’s on his mind, but also say it in a manner that is beneficial to both you and him.

7. He’s fashionable

He always knows what’s hip and what’s in.

8. He can (probably) cook

Which beats the hell out of your hot pockets and canned soup.

9. You can borrow his grooming products

    His lotions, hair gels, and shampoo will definitely be nicer than yours.

10. He’s beautiful

Call him whatever you  want: Sexy, beautiful, stunning. He's all of it.

11. He’s just as “man” as you are

You know... ‘cause he’s a man.

My Legacy: Autobigraphy/will

If you're reading this then you have now discovered I am no longer with you in reality. I have moved on and will be watching you from up above in heaven if such place exists. Ten years of never having a stable life and being alone with no financial help but living on the floor of a trailer that I am ridiculed over everyday. I have tried so hard but I am still left off being alone and or used and abused. My only legacy that will live on is my child, (my baby boy Gotham Warrington) and a shit ton of clothes to that could make a teenager in jr high super happy. Please donate or sell all my items with first pickings to my family and friends. Which only friends I have will forever be Jessica Lynn Kelley without her I would have been a 13 year old living on the street. I give major love to Aaron Delgado for being my first boyfriend and my first real partner. He was also more then that and the five years we were together he raised me and made me who I am today as a caring but loving individual who in life just wants respect and love. Without both of these individuals my parents abandoning me and my brothers at such a young age I would not be around to be able to say that I tried for ten years after watching the bank buy all my items in front of my eyes. My mother was my best friend growing up and she was my everything I didn't fathom that she could have just skipped off to Colorado and leave us in Modesto California and then shortly my father having a break down and leaving us too, to go to Indiana. As parents even in separation because of your needs was wrong. I still put myself through Jr High school and High School. Might not have walked the stage with my class but I was able to pass. Growing up I never knew my father or brothers since I was mommys boy. The only good that came in play was the bond that me and my brothers grew out of that which really was only because we all were able to have a disability and receive legal marijana from the state of California. I might not have been the poster child but I always had the face of always being happy and giving a great smile with respect and kindness. Even if proved they don't deserve the respect that I would give to someone I still would Curry on :). My motto in life has always been if you truly knew me was why live in the past. Yesterday was the past so let's live in the future and strive for tomorrow. No matter how many different ways I told it, it has always meant the same threw and though. My father and I finally was able to bond once he put out differences aside and once I stopped acting like a rude cunt towards him because of his health ways and laziness. But once I grew up I ended up slowly becoming him and we were finally able to bond over a carton of cigarettes and his proud look which now I have to this date been a smoker of ten years. To me I am lonely and without smoking I probably would never ever have a reason to step outside but to work and home. Moving to so many different states has really taught me a lot in my life to wear I have lived my life already. I may be near to 25 by just a few short months but I have done everything I have wanted but the year cruise around the world which is my only desire in life to do after retirement to see the major wonders of this planet that I do not belong in. Living in a society that is controlled by a dumb worthless dyed piece of parchment sounds like the most ridiculous thing in the world. What ever happened to being kind to one another, not stealing, giving to your family, being one. My circle of five family members is the biggest hodgepodge anyone could ever receive. My father the hippie/redneck all white guy that grew up in Massachusetts with a large amount of brothers and sister like seven. My mother the half Portuguese second generation Americans to come from the islands of Portugal named Santa Maria in the Azores. Which gives me quarter Portuguese and the only thing that I am the most of and I try to stay as proud of that as possible that I could ever be since I believe I have just about every settlement of white that is in United stated and then bam European white Latino. But my mother was not apart of her heritage as much as I wished for myself then hoped. Having that difference around has always made me happy. My oldest brother who was into rap music and sagging all his clothes standing at 5'5" and the whitest guy around. Nearly translucent since he would blind you. Hah I love you jimmy! My middle brother Danny who is a hard rocker with long black curly hair and is darker then a Mexican from Mexico. He was there to destroy my life growing up but we bonded as the divorce finalized which was the biggest 180 any sibling could ever have. Who wanted to be the middle brother when the youngest was cuter and got all the new clothes since jimmys' hand me downs couldn't go to a third but just to him which I believe how he ended up becoming grunge. Then there is me. I faster became the princess of the family as soon as my 5th birthday came around and I knew how to make a huge smile and make things happen. Being the mommas boy I grew up differently. While my brothers had each other to compete and hangout with they grew up more manly because of the fact. My I grew up watching my mother do everything and me at her side. So I learned more femme roles in life. I love my family. All in All. I may be disliked or unwanted by all or most. Just know that I gave it my all. For the past ten years I have been fighting this. And the only person that was real should have never left my side. I was dumb and young and just thought I had the world. I wish I had never messed Aaron and I up, because we could probably still be together till this day. I think about him everyday still. You never forget your first love right? Well I am coming to my last days left on this earth. And it has just gotten worse and worse. I live in my car with my cat. I am tired of this and don't want to go on anymore I have tried I really have. I can't get up from where I am. Bank account is negative 1000 my car hasn't been paid off in awhile I have no insurance car insurance I have no friends I have no family that wants to care alanymote. I am a lost cause and I am fed up with it all. People talk about me behind my back all the time I am only ever used until I can't be used anymore then bam I'm thrown out like yesterday's trash. I needed help. I've asked for it. I just give others heart ache. None in my family can take care of me while I go through this depression battle. And now I feel as if I could just go to jail. I wouldn't ever have to worry about being homeless again not having food not having a man to sleep with me I am scared. I try not to drive anymore but it's hard not to. I need help. If my car gets taken away I will be on the road insteaD. This was a thought night for me so it was good to write this bibliography for when I am gone. I've tried for far too long ms it doesn't get better. Ten years of never having a real place to call home. I can't go on any longer like this. It sucks that even in the United States working full time still means you have you have duel income of you don't make 20/hr. I work so hard just to be broke everyday all day. Men use me and get why they want and my friends use me me until I have nothing left and then bam. Left all alone again. This is why I needed my cat. He was the only thing in this world that loved me unconditionally. And I had to go and get rid of him yesterday. I feel as if losing him was the last straw. People say keep going but why. I'm just gonna bust my ass off to be alone in a small town that I don't even know anyone in. I have no friends, no real family. I have to use chat apps and talk to random men just to feel wanted and or needed. I can't sleep I can't eat. I can't even go to my new job right now and I have to. Everyone's happy is too loud and it hurts me trying to put on a fake smile and fake attitude for the world To not see that I need help. I need someone to be there for me. I need to be loved again. Everyone I try to talk to they use me for sex then never talk to me again or until I stop putting out then I would be all alone. I'm a 50 year old soul traPped in this 20 year olds body. I wish chivalry was real in the gay world. Not just hi "BAMMM" dick pic and cum over. Is it so hard to just want one man and live a monotonous life where we can be happily ever after. Wrong. This is why children should not grow up on fairy tales. Because in my mind true loves kiss fixes everything, right? No. I just wanted to be loved. Is that too much to ask for?

December 2013?!?!

How the hell did I end up at the end of the year already. I still don't see how this happened so quick. I just can't understand time right now. I am in South Utah right now working full time at walmart and it is fun. I love my workers and employees. I have a good time. I am always just so busy that my life is work and sleep now. I have yet to do anything worth my time other now that i have my own car. Which I am scared it needs new tires already. THis is kinda of a step back but i need to save up for it now. I make a lot of money which it all just goes to bills. ick. I feel like i should be making a lot more for how much I am working and how hard I work. I need a vacation and I need a man to love me. THis will be the first year that I will not be celebrating Christmas... THis really sucks. The first year without a tree and the first year without family. It is rough. But I will not pout. I didn't get anything for christmas this year so I went and bought this laptop I am on for myself. WHich i needed and it has made me somewhat happy. You can't live these days without some kind of computer and I have been doing it for a few months since all my crap is ni my moms storage. Ick. I just want so badly for a man to love me and not just that cheap simple love I want him to look at me and want me as bad as I want him. It has been awhile that anyone has felt like that. NOw that I think about jared and aaron just about all day now because I have no life other then work and work and more work. I even have to get a third job now just to be able to buy crap I want. WHich I will sacrifice more of my life just so I can buy clothes to enternally be happy. WEll for now I am off to bed but it was nice to try to catch up on here a lil. I should come back and try to do my blog every more once in awhile. I am planning another chemical peel after christmas so I will be doing a real day by day to show the results. Unlike my bail a few months back <3 Kenners

Compound Peel Level 2

Hey guys so I am back with another peel experience. I have gotten a new one. This one is compound peel level 2 from medical md. So far This has been a experience. I probably should have gotten level one first because this one is a strong strong peel. Probably the strongest I have ever tried. I wasnted to do a peel since my birthday is just 2 and a half weeks away. Looking fresh from a peel is always an amazing feeling. I just wanted to say. I barely lasted thirty seconds of this one. I frosted imediatally and had to run around the house with a fan at hand just to try to stay longer. But i Couldn't I threw on that baking soda in the shower and rinsed it right off. I will be deluting the solution after my birthday so that I can actually get a full on peel around the entire face without frosting. Since I have this entire bottle I will be doing them at least once a month or even twice a month so I can look pretty for christmas time. Well thats hope. I will also be trying out my derma roller after the peel is done. So every week I will be doing something to my face that hurts. Sounds crazy but I am all in for this one. I am tired of my face looking nasty and I want that perfect face. So this peel Is like none other that I have tried. It is called Compound Peel 100ml Level 2 : Pro Choice - A Fusion of Glycolic, Lactic, Salicylic, TCA, Resorcinol, and Fruit Enzymes. It doesn't say what every single ones percentage is but it def is a strong formula. It was either this or trying the pumpkin peel. Which I probably will get in 2014. Or when this one is gone. I just can't wait to see some sort of results. I also hope my frosting problem doesn't become a scarring problem which I already have enough holes in my face from acne scarring. Important Information Indications Acne, Oily Skin, Acne Scars, Blackheads, Whiteheads, , Eczema, Melasma, Rosacea, Warts, Hyperpigmentation, Fine Lines, Wrinkles, Enlarged Pores, Age Spots, Sun Spots, Seborrheic Keratosis, Hyperkeratosis, Pilaris, Actinic Keratosis, Keratosis. Ingredients Deionized Water, Isopropyl Alcohol, Trichloroacetic Acid, Lactic Acid, Salicylic Acid, Resorcinol, Glycolic Acid, Papaya Enzyme, Pumpkin Enzyme, Pineapple Enzyme, L-ascorbic Acid, Cellulose Gum, Phenoxyethanol, Caprylyl Glycol, Potassium Sorbate, Hexylene Glycol. Directions Thoroughly wash the area you are going to apply the peel too. We recommend using a pre-peel cleanser or you can use a light soap. Apply peel evenly for 2-4 minutes depending on skin sensitivity, with an appropriate applicator (pad or brush). Rinse thoroughly with cold water. You can repeat 1-2 times per week, up to 4-6 weeks. Note: Peel may be layered to enhance effectiveness.

As you can see I ordered it offline and when I got the product it was compltely broken. And was oozing out of the side. But their was half of the product left inside the flask so I just said F it and used it since I paid a good 40 bucks for this. I am trying to have amazon give me money back since it was destroyed. Here are my results Before THis was maybe a week before. I just had no photos without makeup on. I should have taken a photo before I put on the compound peel.

THis is right after I put on the peel. You can see that I frosted right at my cheeks.

Then this was maybe a few hours later once the white went away.

This is 24 hours after. I have scabbed up. I don't feel tight around the face yet. That usually happens around the third day

To be continued. I will post pictures on a daily bases of my results.

Goodbye Cali

Good bye farewell

I'm gone

I attempted to kill myself today. I passed out but ended up waking up. I can't take my life anymore. I have nothing, I am nothing, I have no one, I am in constant pain, I can't find anywhere that I belong, I can't find positive friends, I can't get a man to stay with me, I can't stop loving people, I'm lonely, people want to use me, I have no one to talk to, I use chat rooms just to talk to anyone, I dont fit into society anymore. I need to find something that I can just fall asleep forever. I need a poisoned apple. Please god. Please take my life away. I don't need it anymore. I don't have a place in this world. I don't even have a place to live. What kind of person am I? Am I even a person. I need help. I need someone to smile at me. I need someone to love me. Please someone love me. Please someone take me in their arms. Please someone just look at me. I need you. I need you to look in my eyes and hold me. Cradle me. I'm so lost. What has my life become? I beg for him to love me everyday. I miss you. You made me feel like I mattered in this world. Please. Please do it again. I need you. I don't even have family. I have no one. Blogger and Twitter are the only things I have.

I need you someone.

March?!??

Wow so much has been going on in ny life lately. Since I am back in California living with my brother.

To be continued... Something came up                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           
                             

Where is life going?

My life has changed so much. It's going way to fast. I feel lost in all the problems I have. Utah was so perfect for me that I feel as if moving back to California has been nothing but problems. I moved in with my brother which doesn't live at the house. So I live with his wife and they are taking care of my Dad. He is the most laziest piece of shit anyone has ever seen. He doesn't want to do anything with his life and just give reasons to not do anything. They think I am drugs. Only because I actually do things with my life. I don't like to sit on a couch all day and watch tv for 16 hours a day. I would much rather be outdoors for 8 hours come home and watch a few shows and chill on the internet until bed. They think I do meth because I like to move around. Fuck I'm sorry I'm not lazy and smoke my life away. My Dad shouldn't even care because he hasn't supported me since I was 14. Hell we take care of his ass and he's not even handicap. I go to college and trying to do something with my life. They complain about everything I do. I bet they would like me if I sat on the couch with them wasting my life away. But that's not me. I have my desktop in my room upstairs and I go on it a lot. But they think I am sleeping all day. Fuck at least I am doing something kinda active (google search) lol. However active you would take that. Then I get threatened to be kicked out because I went out two days in a row. Saying that I am out partying when I was actually out cooking Christmas cookies with mu friends family. Was told I need to grow up. I can't have anyone over either. I don't see what's wrong with having someone come over and chill while I get ready or what not. I can have my boyfriend over. But we are pretty much over since I moved back to Cali and he's in Utah. I have been so stressed out and depressed. Which is leading me to have insomnia. Well I pass out before three am since three am scares me hella bad. The whole ghost thing at three am. And if I can't get to bed before 2:40 then I have to wait till four am. Which sometimes really suck. I have gained a lot of weight this past summer. So I am trying to lose weight now that I am back in Cali and possibly Single. I have lost like ten pounds. I weighed myself two months ago and it said 165 and I weight myself this morning and it said 155. I didn't eat yet and was naked. But I think the scale is broken because I weighed myself again after going poop and It said 157. Which is really funny because I should have lost, not gained. I can't fit into my clothes so it's not that I want to lose weight to look better because I love my checks being full instead of sinked in. The reason I "need" to is because I have no money to go out and buy new jeans. Which I bought six new pairs for winter that I can't even zip up let alone button up that still have tags on. I have been babling to get this crap off my chest. I just been feeling like crap and feeling like no one wants me around anymore. So I feel as if it would be best if I were just gone. I know I could never actually cause pain to myself so I just can't wait till it actually just happens by accident. Or by a heart attack. I have noticed that I can't breath so good so I hope I'd just fall asleep and never wake up. Would be the best way to go. Blah. Anyway... Since everyone thinks I do drugs I feel as if I should just go out and get fucked up. The problem is I would so rather drink a bottle of Bacardi then to actually smoke. If they had a way to smoke liquor, I would so be in. That would be my new choice of poison.  Sorry if you read this. Just needed to talk to someone and since I don't this is the best way to get it off my chest. Ps I still think of Aaron everyday

204-3281 discussion postings

This is incase I have to retake my 204 class Chapter 2 Do you believe that the methods of appointing judges are the best way to date? Why or why not? What are the advantages and disadvantages? In our society we have two different ways we appoint our judges which election and appointment.With the election we the people have a group of people to choose from which in the end usually ends up with only two on the ballet. Most people argue with this method because it is the democratic way of doing things. Showing that it is the third person's voice to which appointing the judge to office.The advantage to using election increases the diversity on the bench of judges. The second way of doing things is by having a chief executive, such as a governor, county, executive, or mayor grant the power to decide whom to appoint into the bench which many would call this "one-person-judicial selection". The disadvantage to this would be that no one else has a say into this so by possible of what I believe is that the person to be getting this is either paying the chief executive or they have been best buds for some time and are all apart of each others schemes. So I believe the best way to choose a new judge would to be by election. Election proves to the people that we have a choice no matter what to whom we want on the bench. Some sort of security to a real election makes the people more calm other then just telling someone to go and sit on the bench. Chapter 3 Presumptions are in an area of evidence law that arises where a fact may be presumed once one or more other facts are established on the record. The weight of a presumption depends on the credibility of underlying facts on which it is based, and some presumptions are rebuttable while others are not. Presumptions are the product of courts and legislatures that decide certain facts can be determined from other facts as a matter of law. Some presumptions arise as a matter of law while others arise merely by inference. An inference is a presumed fact, however, unlike a presumption, an inference arises not from the application of law but from common-sense reasoning. In court, the making of inferences often results in disaster, because inferences can be extremely far from the truth. Judicial notice is the obligation of a court to adjudge certain known facts upon the record of the case, provided that those facts are so generally known within the court’s jurisdiction. The court has discretion whether or not to take judicial notice of some matters once it is moved to do so, however in other matters it has no discretion and must take notice once a party makes the motion. All three function as evidence although they are not all frequently used. Chapter 5 Discussion Question: What are some exceptions to the right of privacy? Do you believe the Supreme Court's ruling of right to privacy is acceptable in our common society? Why or why not? In 1974 the privacy act was passed and it was also placed as on of the amendments in our bill of rights within the United States constitution The Fourth Amendment which explain no unreasonable searches or seizures. This act was also made famous because of the infamous terry vs ohio which is now known to many people as a terry stop. Thanks to weeks v. United States and the U.S. Supreme court in 1914 that established the Exclusionary Rule. The Exclusionary Rule prohibits the admission of all evidence obtained by law enforcement officers that is considered unconstitutional. A good exception to the right of privacy is that a warrant must be obtained by a judge that permits authorities to search the persons place of residence or where agreed upon by the warrant. I don't believe that the Supreme Court's ruling of right to privacy was acceptable at all. I feel as if because we are able to keep such secrets in our home that we are also able to hide a lot more from the authorities Usually if we have something to hide then we probably shouldn't be doing it in the first place. I feel as if cops should be able to just walk into someones home without a warrant. If you where a law-abiding citizen then there probably should be no reason to fear a cop coming into your home or work or residence. I feel like a warrant is a waste of time because by the time the person knows the cop wants inside for a certain thing that the person would have already vacated the premises or clean everything out of the house within the time frame given to obtain a search warrant. Chapter 6 In your opinion, should third-party consent be allowed in warrant-less searches? Give some examples to support your opinion. In my opinion third-party consent should only be allowed in warrant-less searches because not everyone would think it would be ok to actually go inside someone's house but yet another person would. To get a few other's opinions on the subject should be ideal. Under the Fourth Amendment to the United States Constitution which is part of the Bill of Rights which says warentless searches are restricted. The Fourth Amendment says "The right of the people to be secure...against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath oraffirmation, and particularly describing the place to be searched, and the persons or things to be seized." I feel as if this should protect us completely from any kind of search even if there would be to have probably cause. Probable cause doesn't seam like that is enough for a cop to come in without permission. Does the state pay for me to live in this house, NO. Does the cop own my residence and place of stay, NO. So why should they have the writes to just invite them selves in without a warrant and just do whatever they want. If I where to be the president I would get rid of probable cause. It is a bad law around the whole needing a warrant. Writing assignment Art DeWerk MADJU-204-3281 (3281) Legal Aspects Evidence 29 October 2012 Criminal Case: Death of Caylee Anthony The court case is against Casey Marie Anthony and is in regards to her daughter Caylee Marie Anthony who was found missing on July 15, 2008. Caylee Anthony’s skeletal remains were found in a wooded area near her home on December 11, 2008. During this time of about five months, Casey Anthony was charged and tried for the first-degree murder of Caylee. Casey Anthony had a few stories to tell the cops; which lead nowhere and where she fabricated evidence that led to her only getting away with a misdemeanor. Caylee Marie Anthony was a two-year-old child who lived in Orlando Florida and possibly also died there as well. She lived with her mother Casey Marie Anthony who was a single 22-year-old mother and her two grandparents, George and Cindy Anthony. On the day of July 15th of 2008, Caylee was reported missing by her grandmother Cindy Anthony who reported that she hasn’t seen Caylee Anthony for about 31 days. She had also reported to 9-1-1 that Casey Anthony’s car had smelt like a dead body was inside it and that Casey had not seen her own daughter for a few weeks. On June 9th 2008 Casey Anthony had fabricated a fake story about her daughters disappearance. She had stated to detectives that a fictitious nanny had kidnapped her child and that she had been trying to find her. She had also told the detectives that she was too frightened to alert the authorities. This story led to a later misdemeanor in fabrication of story. While the child was still missing, Casey Anthony was charged with first-degree murder in October that would have led the prosecution to the death penalty. A few months later on December 11, Caylee Anthony’s skeletal remains were found with a blanket inside a trash bag in a wooded area just around the block in a wooded swamp area near the family’s home. A medical investigator ruled death by homicide because there was duct tape found near the front of the skull and on the mouth of the skull. This ended up officially becoming listed as “death by undetermined means”. The medical examiner had put to court that Casey Anthony murdered her daughter by administering chloroform, then applying duct tape. The court had believed that she wanted to rid herself from the parental obligations and responsibilities of having a child since she was at the time only twenty-two. After all, a defense team and the leader of the defense team Jose Baez, found that Caylee Anthony had drowned accidentally in the family’s swimming pool on June 16, 2008. Most of the evidence that Casey Anthony had told the detectives where found to be “fantasy forensics” and had said Caylee was sexually abused by her biological father and lied about the dysfunctional upbringing since she was a single mother. Casey ended up not testifying during the trial about these assumptions. The trial of Caylee’s death went on for six weeks, from May to July 2011. Casey Anthony was looking at the death penalty of first-degree murder with all the misleads of stories she fabricated. But on July 5th 2011 Casey Anthony’s jury had found her to be not guilty of first-degree murder, aggravated child abuse, and aggravated manslaughter of a child, but the jury did find her guilty of four misdemeanor counts. She was given misdemeanors for providing false information to a law enforcement officer. Since Casey Anthony was held in jail for a few years already, that gave her credit to get released out of jail on July 17th. She spent only about twelve days in jail after the court hearing. During this time the public had became outraged at the fact that she was released; which the media had both attacked and defended her with legal commentators. The public had also complained that the jury misunderstood the meaning of reasonable doubt, and another said the trial was inconclusive because forensics could not figure out how Caylee Anthony had officially died since they had only found a bag of bones. In this case there was a massive amount of evidence that showd me that Casey Marie Anthony should have been the person who took the first-degree murder prosecution. Caylee’s case had over four hundred pieces of evidence brought to the court. The fact that they had found dead human hair in the back of her trunk belonging to Caylee and chemicals that can decompose a body showed significant signs that Casey was guilty. Also her car smelled like dead human remains. Just knowing the evidence found in her car and the fact that the remains of her daughter were found only around the block, really should push the red button that alerts someone that she in fact did the crime and needs to pay the time.

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Question 1 0 out of 1 points Which of the statements below is correct regarding common law? Answer Selected Answer: d. All of the above statements are correct. Question 2 1 out of 1 points After a person is arrested, unless the charge against him or her is dismissed, some prosecutive action must be taken. Answer Selected Answer: a. True Question 3 1 out of 1 points Guilt or innocence has always been decided by a jury trial. Answer Selected Answer: a. False Question 4 1 out of 1 points One of the first known attempts to establish a written code of conduct was the Answer Selected Answer: b. Code of Hammurabi. Question 5 0 out of 1 points Judicial opinions do not construe the constitutionality of state statutes. Answer Selected Answer: [None Given] Question 6 1 out of 1 points The Magna Charta Answer Selected Answer: a. was the forerunner of the right to due process. Question 7 0 out of 1 points Court rules consist of the various standard procedures used by the courts. Answer Selected Answer: a. False Question 8 1 out of 1 points Originally the common law of England was nothing more than an unwritten set of regulations and customs. Answer Selected Answer: b. True Question 9 0 out of 1 points Criminal laws do not vary among states. Answer Selected Answer: b. True Question 10 0 out of 1 points Our justice system should be viewed as a set of rules and is fixed in stone. Answer Selected Answer: b. True Question 11 1 out of 1 points Which of the below is a pragmatic goal of the justice system? Answer Selected Answer: b. preventing crime Question 12 1 out of 1 points Trial by compurgation was used to replace trial by ordeal. Answer Selected Answer: b. False Question 13 1 out of 1 points Only admissible evidence may be presented in appellate court hearings. Answer Selected Answer: a. False Question 14 0 out of 1 points A dual system of state and federal court systems exists today. Answer Selected Answer: a. False Question 15 1 out of 1 points Generally, courts of general jurisdiction are granted authority to hear and decide all issues that are brought before them. Answer Selected Answer: a. True Question 16 1 out of 1 points Trial by compurgation was the forerunner of the present use of character witnesses. Answer Selected Answer: b. True Question 17 1 out of 1 points Many of the early societal guidelines were developed by trial and error. Answer Selected Answer: b. True Question 18 1 out of 1 points Trial by ordeal Answer Selected Answer: a. was a trial requiring the accused to perform some physical feat. Question 19 1 out of 1 points Criminal laws should be vaguely worded in order to facilitate the prosecution of offenders. Answer Selected Answer: b. False Question 20 1 out of 1 points Laws are considered to be essential in order to mold human conduct in a well-regulated society. Answer Selected Answer: b. True Question 1 1 out of 1 points The Magna Charta Answer Selected Answer: a. was the forerunner of the right to due process. Question 2 0 out of 1 points Guilt or innocence has always been decided by a jury trial. Answer Selected Answer: b. True Question 3 0 out of 1 points Court rules consist of the various standard procedures used by the courts. Answer Selected Answer: a. False Question 4 1 out of 1 points A dual system of state and federal court systems exists today. Answer Selected Answer: a. True Question 5 1 out of 1 points Today, the criminal law of the states is based on a written set of regulations that is largely the result of Answer Selected Answer: a. legislative action. Question 6 1 out of 1 points Trial by compurgation was the forerunner of the present use of character witnesses. Answer Selected Answer: b. True Question 7 0 out of 1 points Originally the common law of England was nothing more than an unwritten set of regulations and customs. Answer Selected Answer: b. False Question 8 1 out of 1 points Historically, as societies become more complex so do the laws. Answer Selected Answer: a. True Question 9 0 out of 1 points Criminal laws do not vary among states. Answer Selected Answer: b. True Question 10 0 out of 1 points The settlement of criminal charges by atonement was the forerunner of our present procedures for fining criminals. Answer Selected Answer: a. False Question 11 0 out of 1 points Our system of justice is based on the ________ process. Answer Selected Answer: b. group Question 12 0 out of 1 points Many of the early societal guidelines were developed by trial and error. Answer Selected Answer: [None Given] Question 13 1 out of 1 points One of the first known attempts to establish a written code of conduct was the Answer Selected Answer: c. Code of Hammurabi. Question 14 0 out of 1 points Venue is Answer Selected Answer: a. the court which will hear the appeal. Question 15 0 out of 1 points Which of the below is an orientation goal of the justice system? Answer Selected Answer: b. efficiency Question 16 0 out of 1 points Laws are considered to be essential in order to mold human conduct in a well-regulated society. Answer Selected Answer: b. False Question 17 1 out of 1 points Trial by ordeal Answer Selected Answer: a. was a trial requiring the accused to perform some physical feat. Question 18 0 out of 1 points In some states, the state supreme court does not deal with criminal cases. Answer Selected Answer: b. False Question 19 0 out of 1 points The least serious category of crime is a(n) Answer Selected Answer: b. felony. Question 20 1 out of 1 points Only admissible evidence may be presented in appellate court hearings. Answer Selected Answer: a. False Question 1 0 out of 1 points The exclusionary rule was applied to the states by the case of Answer Selected Answer: d. all of the above. Question 2 0 out of 1 points Search warrants generally have no restrictions on when they may be executed. Answer Selected Answer: b. True Question 3 0 out of 1 points The below judicial officer may issue a valid search warrant: Answer Selected Answer: d. federal attorney general. Question 4 1 out of 1 points The Fruits of the Poisonous Tree Doctrine applies to Answer Selected Answer: d. all of the above. Question 5 1 out of 1 points The plain view doctrine is a judicially established exception to the Fourth Amendment. Answer Selected Answer: a. True Question 6 1 out of 1 points The U. S. Supreme Court in 1914 established the exclusionary rule for federal courts. Answer Selected Answer: b. True Question 7 1 out of 1 points The Fourth Amendment does not protect a person's papers. Answer Selected Answer: a. False Question 8 1 out of 1 points The Fruits of the Poisonous Tree Doctrine applies only to arrests and not searches. Answer Selected Answer: b. False Question 9 1 out of 1 points The Fourth Amendment deals with Answer Selected Answer: e. all of the above. Question 10 1 out of 1 points A person's garbage bags left on a public sidewalk may be searched without a warrant. Answer Selected Answer: b. True Question 11 1 out of 1 points The U.S. Supreme Court has a long history of expressing a strong preference for the use of a search warrant. Answer Selected Answer: a. True Question 12 1 out of 1 points If a party consents to the search, he or she is not protected by the Fourth Amendment as to that search. Answer Selected Answer: b. True Question 13 1 out of 1 points In the Wong Sun case, the Supreme Court held that Answer Selected Answer: d. All of the above statements are correct. Question 14 0 out of 1 points The drafters of the Bill of Rights were influenced by Answer Selected Answer: b. our English heritage. Question 15 1 out of 1 points The courts always allow the use of other information to be brought in at a later date to rehabilitate an otherwise defective warrant. Answer Selected Answer: a. False Question 16 1 out of 1 points In the Katz case, the Supreme Court expanded the scope of the Fourth Amendment by Answer Selected Answer: b. establishing an expectation of privacy zone. Question 17 1 out of 1 points There are no exceptions to the Fourth Amendment requirements. Answer Selected Answer: a. False Question 18 1 out of 1 points The major purpose of the exclusionary rule was to Answer Selected Answer: a. deter unreasonable searches and seizures. Question 19 0 out of 1 points Probable cause is a subjective test. Answer Selected Answer: a. True Question 20 1 out of 1 points Wolf v. Colorado applied the exclusionary rule to state civil proceedings. Answer Selected Answer: b. False Question 1 1 out of 1 points The use of telephonic warrants is not permitted by the U. S. Supreme Court. Answer Selected Answer: a. False Question 2 1 out of 1 points An arrest has been defined as the taking of a person into custody in a manner authorized by the law. Answer Selected Answer: b. True Question 3 1 out of 1 points Which of the classes of persons below has at least limited immunity from arrest? Answer Selected Answer: e. only C and D Question 4 1 out of 1 points Mere temporary detention for questioning is not considered as an arrest. Answer Selected Answer: a. True Question 5 0 out of 1 points A federal marshal has jurisdiction to make an arrest in which of the below locations? Answer Selected Answer: a. only in a state when accompanied by a local law enforcement officer Question 6 1 out of 1 points A peace officer has much greater authority to make an arrest without a warrant than does a private person. Answer Selected Answer: b. False Question 7 0 out of 1 points A stop based on a "wanted flyer" issued by another police department does not justify the stopping of a vehicle and its occupants. Answer Selected Answer: b. True Question 8 0 out of 1 points In which of the cases listed below did police use a rookie police officer to trick the defendant into confessing? Answer Selected Answer: e. Brown v. Mississippi Question 9 0 out of 1 points Diplomatic officials have unlimited immunity from arrest. Answer Selected Answer: b. False Question 10 0 out of 1 points In which of the cases listed below did the police refuse the defendant's request to see his attorney? Answer Selected Answer: b. Ashcraft v. Tennessee Question 11 0 out of 1 points In which of the cases listed below was the defendant taken to the police station and questioned continuously for two days before he confessed? Answer Selected Answer: d. Escobedo v. Illinois Question 12 1 out of 1 points When is it permissible for a law enforcement officer to use non-deadly force in making an arrest? Answer Selected Answer: c. in any case where an arrest is authorized Question 13 1 out of 1 points Until 1967, a search was an all-or-nothing concept. Answer Selected Answer: b. True Question 14 1 out of 1 points Failure of an arrested person to demand the right to make a telephone call is considered as a waiver of that right. Answer Selected Answer: a. False Question 15 0 out of 1 points An accused must be booked before he or she is released on a citation. Answer Selected Answer: b. True Question 16 1 out of 1 points In which of the cases listed below did the Supreme Court establish certain safeguards for individuals being interrogated by the police? Answer Selected Answer: e. Miranda v. Arizona Question 17 1 out of 1 points Legislators of state legislative bodies have limited immunity from arrest. Answer Selected Answer: b. True Question 18 1 out of 1 points A warrant for an arrest and a citation to appear are one and the same. Answer Selected Answer: b. False Question 19 0 out of 1 points Only a citizen of the United States may make a citizen's or private person arrest. Answer Selected Answer: b. True Question 20 1 out of 1 points The Uniform Act of Fresh Pursuit provides that under some circumstances a peace officer of one state may enter another state to arrest a fleeing felon. Answer Selected Answer: b. True Question 1 1 out of 1 points The term "arrest" is derived from Answer Selected Answer: a. French. Question 2 1 out of 1 points In which of the cases listed below did the Supreme Court establish certain safeguards for individuals being interrogated by the police? Answer Selected Answer: a. Miranda v. Arizona Question 3 1 out of 1 points The federal department responsible for securing our national borders is the Answer Selected Answer: a. Department of Homeland Security. Question 4 1 out of 1 points Consuls have unlimited immunity from arrest. Answer Selected Answer: b. False Question 5 1 out of 1 points Only a citizen of the United States may make a citizen's or private person arrest. Answer Selected Answer: a. False Question 6 1 out of 1 points In which of the cases listed below did the police refuse the defendant's request to see his attorney? Answer Selected Answer: d. Escobedo v. Illinois Question 7 1 out of 1 points In which of the cases listed below did police use a rookie police officer to trick the defendant into confessing? Answer Selected Answer: e. Spano v. New York Question 8 1 out of 1 points Failure of an arrested person to demand the right to make a telephone call is considered as a waiver of that right. Answer Selected Answer: b. False Question 9 1 out of 1 points The Uniform Act of Fresh Pursuit provides that under some circumstances a peace officer of one state may enter another state to arrest a fleeing felon. Answer Selected Answer: a. True Question 10 1 out of 1 points Until 1967, a search was an all-or-nothing concept. Answer Selected Answer: a. True Question 11 1 out of 1 points The use of telephonic warrants is not permitted by the U. S. Supreme Court. Answer Selected Answer: b. False Question 12 1 out of 1 points Mere temporary detention for questioning is not considered as an arrest. Answer Selected Answer: b. True Question 13 1 out of 1 points Diplomatic officials have unlimited immunity from arrest. Answer Selected Answer: a. True Question 14 1 out of 1 points When is it permissible for a law enforcement officer to use non-deadly force in making an arrest? Answer Selected Answer: c. in any case where an arrest is authorized Question 15 1 out of 1 points In most states, the Uniform Act of Fresh Pursuit covers only felony violations. Answer Selected Answer: a. True Question 16 0 out of 1 points A federal marshal has jurisdiction to make an arrest in which of the below locations? Answer Selected Answer: d. None of the above answers are correct. Question 17 1 out of 1 points An arrest has been defined as the taking of a person into custody in a manner authorized by the law. Answer Selected Answer: a. True Question 18 0 out of 1 points The elements of an arrest include: Answer Selected Answer: d. All of the above. Question 19 1 out of 1 points A stop based on a "wanted flyer" issued by another police department does not justify the stopping of a vehicle and its occupants. Answer Selected Answer: a. False Question 20 1 out of 1 points An accused must be booked before he or she is released on a citation. Answer Selected Answer: b. False Question 1 1 out of 1 points The right to post bail was found in the early history of England. Answer Selected Answer: b. True Question 2 1 out of 1 points The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required. Answer Selected Answer: d. Eighth Question 3 1 out of 1 points Which of the statements below is correct regarding a complaint? Answer Selected Answer: d. All of the above statements are correct. Question 4 1 out of 1 points The term "arraignment" has different meaning in different states. Answer Selected Answer: b. True Question 5 1 out of 1 points An accused may be released on his or her own recognizance only on misdemeanor charges. Answer Selected Answer: a. False Question 6 1 out of 1 points Prior to the initial appearance, a legal document must be filed with the court setting forth the charges against the accused. Answer Selected Answer: a. True Question 7 1 out of 1 points The amount of bail that is required to be posted depends on the amount the accused can pay. Answer Selected Answer: b. False Question 8 1 out of 1 points A demur is a formal mode of disputing the legal sufficiency of pleadings. Answer Selected Answer: a. True Question 9 0 out of 1 points Bail may be denied only if the person is a danger to the community. Answer Selected Answer: a. True Question 10 0 out of 1 points The importance of the initial appearance of the accused before the court was discussed in which landmark case? Answer Selected Answer: b. United States v. Miranda Question 11 0 out of 1 points Which of the below statements are correct regarding bail? Answer Selected Answer: d. Only answers A and C are correct. Question 12 1 out of 1 points The purpose of the initial appearance is to determine what charges should be brought against the accused. Answer Selected Answer: a. False Question 13 1 out of 1 points An arrested person must be taken before a magistrate Answer Selected Answer: d. without unnecessary delay. Question 14 1 out of 1 points The initial appearance must take place without unnecessary delay. Answer Selected Answer: a. True Question 15 1 out of 1 points The right to post bail is a guarantee included in the Bill of Rights. Answer Selected Answer: a. False Question 16 1 out of 1 points In some cases, witnesses may be required to post bail to ensure presence in court. Answer Selected Answer: a. True Question 17 0 out of 1 points The phrase "exoneration of bail" means Answer Selected Answer: c. the case has been dismissed and bail is no longer required. Question 18 1 out of 1 points The right to an initial appearance is included in the Bill of Rights. Answer Selected Answer: a. False Question 19 1 out of 1 points Which of the statements below is correct regarding bail? Answer Selected Answer: c. The original purpose of bail was to ensure the accused's presence at trial. Question 20 1 out of 1 points Which of the below statements is correct regarding bounty hunters? Answer Selected Answer: b. Most states require bounty hunters to receive state-approved training. Question 1 0 out of 1 points Which of the below statements is correct regarding bounty hunters? Answer Selected Answer: d. Ex-convicts may be bounty hunters in most states. Question 2 0 out of 1 points The importance of the initial appearance of the accused before the court was discussed in which landmark case? Answer Selected Answer: c. Mapp v. Ohio Question 3 1 out of 1 points In many states, the initial appearance is referred to as an arraignment. Answer Selected Answer: a. True Question 4 0 out of 1 points An accused may be released on his or her own recognizance only on misdemeanor charges. Answer Selected Answer: a. True Question 5 1 out of 1 points The initial appearance must take place without unnecessary delay. Answer Selected Answer: a. True Question 6 0 out of 1 points In some cases, witnesses may be required to post bail to ensure presence in court. Answer Selected Answer: b. False Question 7 0 out of 1 points The phrase "exoneration of bail" means Answer Selected Answer: a. the bail is forfeited. Question 8 1 out of 1 points Which of the statements below is correct regarding a complaint? Answer Selected Answer: d. All of the above statements are correct. Question 9 0 out of 1 points Which of the statements below is correct regarding bail? Answer Selected Answer: a. At common law, bail was generally approved in capital cases. Question 10 0 out of 1 points An arrested person must be taken before a magistrate Answer Selected Answer: c. as soon as possible. Question 11 1 out of 1 points One of the most common reasons for the dismissal of a criminal case is the agreement by the accused to participate in a pretrial diversion program. Answer Selected Answer: b. True Question 12 0 out of 1 points To establish uniformity in the amounts required, many jurisdictions use Answer Selected Answer: b. citations. Question 13 1 out of 1 points The right to post bail was found in the early history of England. Answer Selected Answer: b. True Question 14 0 out of 1 points The right to post bail is a guarantee included in the Bill of Rights. Answer Selected Answer: a. True Question 15 1 out of 1 points The purpose of the initial appearance is to determine what charges should be brought against the accused. Answer Selected Answer: b. False Question 16 1 out of 1 points The term "arraignment" has different meaning in different states. Answer Selected Answer: a. True Question 17 0 out of 1 points Which of the below statements are correct regarding bail? Answer Selected Answer: a. The form of bail must be in U.S. currency or certified bank instruments. Question 18 1 out of 1 points The right to an initial appearance is included in the Bill of Rights. Answer Selected Answer: a. False Question 19 0 out of 1 points A demur is a formal mode of disputing the legal sufficiency of pleadings. Answer Selected Answer: b. False Question 20 1 out of 1 points The ________ Amendment to the U.S. Constitution provides that excessive bail shall not be required. Answer Selected Answer: d. Eighth Question 1 1 out of 1 points Which of the statements below is correct regarding the preliminary hearing? Answer Selected Answer: a. A preliminary hearing is much like a junior trial. Question 2 1 out of 1 points The grand jury vote must be unanimous in order to return a true indictment. Answer Selected Answer: b. False Question 3 1 out of 1 points A trial judge is required to accept a defendant's plea of guilty. Answer Selected Answer: b. False Question 4 1 out of 1 points Which of the below statements are False concerning the protection against double jeopardy? Answer Selected Answer: a. The defendant may never be tried twice for the same act. Question 5 1 out of 1 points The question as to whether the defendant has been placed in jeopardy involves complications. Answer Selected Answer: a. True Question 6 1 out of 1 points A defendant has a right to plead nolo contendere. Answer Selected Answer: a. False Question 7 0 out of 1 points When the accused refuses to enter a plea, the judge may enter a plea of not guilty for him or her. Answer Selected Answer: a. False Question 8 1 out of 1 points An indictment and a "true bill" are two completely different documents. Answer Selected Answer: a. False Question 9 1 out of 1 points An information is another name for an indictment. Answer Selected Answer: b. False Question 10 1 out of 1 points Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing? Answer Selected Answer: d. The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial. Question 11 0 out of 1 points If the defendant enters a plea of guilty, the trial judge may Answer Selected Answer: d. None of the above answers are correct. Question 12 1 out of 1 points The grand jury proceeding is a carry over from common law procedure. Answer Selected Answer: b. True Question 13 1 out of 1 points A court trial is considered to have begun when the first witness has been sworn. Answer Selected Answer: b. True Question 14 1 out of 1 points Once a guilty plea has been accepted by the court, it may not be withdrawn. Answer Selected Answer: b. False Question 15 1 out of 1 points A jury trial is considered to have begun when the jury is sworn. Answer Selected Answer: a. True Question 16 1 out of 1 points An accused may never be tried twice for the same misconduct. Answer Selected Answer: b. False Question 17 0 out of 1 points At the preliminary hearing, if a judge holds the defendant to answer for trial, the prosecuting attorney must Answer Selected Answer: c. try the case before a jury. Question 18 1 out of 1 points If a defendant does not plead "not guilty by reasons of insanity," he or she may be presumed to be sane at the time the crime was committed. Answer Selected Answer: b. True Question 19 1 out of 1 points A plea of nolo contendere is equivalent to a not guilty plea. Answer Selected Answer: b. False Question 20 1 out of 1 points In some jurisdictions, a plea of former judgment would be proper if the defendant has been acquitted of one charge and retried on a lesser charge arising out of the same act. Answer Selected Answer: a. True Question 1 0 out of 1 points A trial judge is required to accept a defendant's plea of guilty. Answer Selected Answer: a. True Question 2 1 out of 1 points In some jurisdictions, a plea of former judgment would be proper if the defendant has been acquitted of one charge and retried on a lesser charge arising out of the same act. Answer Selected Answer: b. True Question 3 0 out of 1 points Once a guilty plea has been accepted by the court, it may not be withdrawn. Answer Selected Answer: b. True Question 4 0 out of 1 points If the defendant enters a plea of guilty, the trial judge may Answer Selected Answer: a. accept the plea without advising the defendant of his or her rights. Question 5 0 out of 1 points An accused may never be tried twice for the same misconduct. Answer Selected Answer: a. True Question 6 1 out of 1 points Which of the actions below may be taken at an arraignment? Answer Selected Answer: e. All of the above may occur. Question 7 0 out of 1 points An indictment and a "true bill" are two completely different documents. Answer Selected Answer: a. True Question 8 1 out of 1 points A court trial is considered to have begun when the first witness has been sworn. Answer Selected Answer: a. True Question 9 0 out of 1 points If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate Answer Selected Answer: d. orders the defendant to appear before a grand jury. Question 10 1 out of 1 points The grand jury proceeding is a carry over from common law procedure. Answer Selected Answer: b. True Question 11 0 out of 1 points At the preliminary hearing, if a judge holds the defendant to answer for trial, the prosecuting attorney must Answer Selected Answer: b. dismiss the case. Question 12 0 out of 1 points Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing? Answer Selected Answer: d. The magistrate has the primary duty of determining if the accused is guilty. Question 13 1 out of 1 points An indictment serves which of the purposes listed below? Answer Selected Answer: e. All of the above are correct. Question 14 0 out of 1 points An information is another name for an indictment. Answer Selected Answer: b. True Question 15 0 out of 1 points The primary purpose of a grand jury is to Answer Selected Answer: d. None of the above statements are correct. Question 16 1 out of 1 points Which of the statements below is correct regarding the preliminary hearing? Answer Selected Answer: a. A preliminary hearing is much like a junior trial. Question 17 1 out of 1 points If a defendant does not plead "not guilty by reasons of insanity," he or she may be presumed to be sane at the time the crime was committed. Answer Selected Answer: b. True Question 18 0 out of 1 points A defendant has a right to plead nolo contendere. Answer Selected Answer: a. True Question 19 1 out of 1 points Which of the below statements are False concerning the protection against double jeopardy? Answer Selected Answer: a. The defendant may never be tried twice for the same act. Question 20 0 out of 1 points The grand jury vote must be unanimous in order to return a true indictment. Answer Selected Answer: a. True Question 1 1 out of 1 points If venue is not established at trial, it is considered as waived. Answer Selected Answer: a. False Question 2 1 out of 1 points The defense of insanity refers to the defendant's mental state at the time the alleged crime was committed. Answer Selected Answer: b. True Question 3 1 out of 1 points The statute of limitations places a limit on the number of continuances that the state may be given. Answer Selected Answer: a. False Question 4 1 out of 1 points The statute of limitations places limit on the time in which the prosecutive action must be started after the crime has been committed. Answer Selected Answer: a. True Question 5 1 out of 1 points Any requests for continuances must be approved by the state. Answer Selected Answer: b. False Question 6 1 out of 1 points Criminal trials may take place in the county selected by the prosecutor. Answer Selected Answer: a. False Question 7 1 out of 1 points The Smith v. Hooey case Answer Selected Answer: c. discussed the right of an accused to have a speedy trial. Question 8 1 out of 1 points The statute of limitations and the right to a speedy trial cover the same rights. Answer Selected Answer: a. False Question 9 1 out of 1 points A defendant may waive Answer Selected Answer: d. B and C. Question 10 0 out of 1 points If the defendant in a state criminal case contends that she will not get a fair trial in the judicial district in which the crime was committed, she may Answer Selected Answer: d. None of the above are correct. Question 11 1 out of 1 points The Barker case held that the prosecution is responsible for bringing the defendant to trial. Answer Selected Answer: a. True Question 12 1 out of 1 points Even though the accused may be incarcerated in another state, he or she must be brought back for trial when he or she demands a speedy trial. Answer Selected Answer: a. True Question 13 1 out of 1 points The accused may waive venue. Answer Selected Answer: a. True Question 14 0 out of 1 points The right of an accused to a speedy trial as guaranteed by the "Bill of Rights" of the U.S. Constitution was made applicable to the states by the Answer Selected Answer: a. 4th Amendment. Question 15 0 out of 1 points Which of the below statements are correct concerning the issue of competency to stand trial? Answer Selected Answer: d. None of the above statements are correct. Question 16 1 out of 1 points If the accused requests a change of venue and his or her request is denied Answer Selected Answer: d. the defendant may use the denial as grounds for an appeal. Question 17 1 out of 1 points The Fourth Amendment assures the defendant the right to a speedy trial. Answer Selected Answer: a. False Question 18 1 out of 1 points If no issue is raised as the defendant's competency to stand trial, then it is assumed that she is competent. Answer Selected Answer: a. True Question 19 1 out of 1 points Which of the below statements is correct regarding the statute of limitations? Answer Selected Answer: d. Answers A and C are correct. Question 20 1 out of 1 points The prosecution may order a change in venue in order to ensure a fair trial. Answer Selected Answer: b. False Question 1 0 out of 1 points Which of the below statements is correct regarding the statute of limitations? Answer Selected Answer: c. The statute is incorporated into the laws of all states. Question 2 0 out of 1 points The defendant's right to a speedy trial is different from his or her other rights in that Answer Selected Answer: b. it is impossible to pin point a precise time which constitutes a violation of the right. Question 3 0 out of 1 points Which of the below statements are correct concerning the issue of competency to stand trial? Answer Selected Answer: c. Competency must be proven by the prosecution in all cases. Question 4 1 out of 1 points If no issue is raised as the defendant's competency to stand trial, then it is assumed that she is competent. Answer Selected Answer: b. True Question 5 0 out of 1 points The Barker case held that the prosecution is responsible for bringing the defendant to trial. Answer Selected Answer: b. False Question 6 1 out of 1 points Even though the accused may be incarcerated in another state, he or she must be brought back for trial when he or she demands a speedy trial. Answer Selected Answer: b. True Question 7 0 out of 1 points If the defendant in a state criminal case contends that she will not get a fair trial in the judicial district in which the crime was committed, she may Answer Selected Answer: a. request a change of venue to a different state. Question 8 1 out of 1 points The defense of insanity refers to the defendant's mental state at the time the alleged crime was committed. Answer Selected Answer: b. True Question 9 1 out of 1 points The accused may waive venue. Answer Selected Answer: a. True Question 10 0 out of 1 points The right of an accused to a speedy trial as guaranteed by the "Bill of Rights" of the U.S. Constitution was made applicable to the states by the Answer Selected Answer: a. 5th Amendment. Question 11 1 out of 1 points Criminal trials may take place in the county selected by the prosecutor. Answer Selected Answer: b. False Question 12 0 out of 1 points If the accused requests a change of venue and his or her request is denied Answer Selected Answer: a. the denial is evidence that the judge is biased against the defendant. Question 13 0 out of 1 points If venue is not established at trial, it is considered as waived. Answer Selected Answer: b. True Question 14 1 out of 1 points Any requests for continuances must be approved by the state. Answer Selected Answer: b. False Question 15 1 out of 1 points A defendant may waive Answer Selected Answer: d. B and C. Question 16 0 out of 1 points The prosecution may order a change in venue in order to ensure a fair trial. Answer Selected Answer: b. True Question 17 1 out of 1 points A defendant may request a change of venue. Answer Selected Answer: b. True Question 18 0 out of 1 points The statute of limitations places limit on the time in which the prosecutive action must be started after the crime has been committed. Answer Selected Answer: b. False Question 19 0 out of 1 points The statute of limitations places a limit on the number of continuances that the state may be given. Answer Selected Answer: b. True Question 20 0 out of 1 points The Smith v. Hooey case Answer Selected Answer: a. discussed the right of an accused to have his or her case moved to a different county. Question 1 1 out of 1 points The right of the accused to a jury trial is contained in what U.S. Constitutional Amendment? Answer Selected Answer: a. Sixth Question 2 1 out of 1 points The below case held that the prosecutor could not comment on the defendant's failure to testify. Answer Selected Answer: b. Griffin v. California Question 3 1 out of 1 points The U.S. Supreme Court has defined a petty case as one in which the Answer Selected Answer: d. maximum penalty is six months confinement. Question 4 1 out of 1 points A trial by judge alone is referred to as a jury trial. Answer Selected Answer: b. False Question 5 1 out of 1 points The U.S. Supreme Court has held that a jury trial may not be composed of less than six persons. Answer Selected Answer: b. True Question 6 1 out of 1 points The accused is entitled to a public trial. A public trial is one in which Answer Selected Answer: a. the public is free to attend. Question 7 1 out of 1 points A public trial has been described as one that is not secret. Answer Selected Answer: a. True Question 8 1 out of 1 points The right to trial by jury is part of the Fifth Amendment to the U.S. Constitution. Answer Selected Answer: b. False Question 9 1 out of 1 points A gag order is an order to gag an unruly defendant. Answer Selected Answer: b. False Question 10 1 out of 1 points A trial by judge alone Answer Selected Answer: a. is called a court trial. Question 11 1 out of 1 points Before a prosecutor releases information to the media, she should consider: Answer Selected Answer: d. All of the above. Question 12 1 out of 1 points The court case that held that lie detector results were not admissible in criminal cases was? Answer Selected Answer: a. United States v. Scheffer Question 13 0 out of 1 points The U.S. Supreme Court has held that a jury in a criminal trial may not be composed of less than Answer Selected Answer: d. 12 persons. Question 14 1 out of 1 points The U.S. Supreme Court has held that an accused may waive his or her right to a jury trial. Answer Selected Answer: a. True Question 15 1 out of 1 points The U.S. Supreme Court has held that in all criminal cases the defendant has a right to a jury trial. Answer Selected Answer: a. False Question 16 1 out of 1 points In which of the situations below does the accused have the right to a jury trial? Answer Selected Answer: a. where the maximum punishment is one year's confinement Question 17 1 out of 1 points If no member of the public is present at a trial, the trial must be delayed until some member of the public is present. Answer Selected Answer: b. False Question 18 1 out of 1 points The accused has a right to demand a court trial. Answer Selected Answer: a. False Question 19 1 out of 1 points A court trial is a trial held in the judge's chambers. Answer Selected Answer: b. False Question 20 1 out of 1 points The below case held that the prosecutor could not exclude from the jury a racial group solely because of their membership in the group. Answer Selected Answer: c. Batson v. Kentucky The Magna Charta Question 1 0 out of 1 points The below case held that the prosecutor could not exclude from the jury a racial group solely because of their membership in the group. Answer Selected Answer: d. Griffin v. California Question 2 1 out of 1 points The accused has a right to demand a court trial. Answer Selected Answer: b. False Question 3 1 out of 1 points In which of the situations below does the accused have the right to a jury trial? Answer Selected Answer: d. where the maximum punishment is one year's confinement Question 4 1 out of 1 points A trial by judge alone is referred to as a jury trial. Answer Selected Answer: b. False Question 5 0 out of 1 points The U.S. Supreme Court has held that in all criminal cases the defendant has a right to a jury trial. Answer Selected Answer: b. True Question 6 0 out of 1 points The U.S. Supreme Court has held that an accused may waive his or her right to a jury trial. Answer Selected Answer: b. False Question 7 0 out of 1 points Before a prosecutor releases information to the media, she should consider: Answer Selected Answer: a. potential prejudice to the pending case. Question 8 0 out of 1 points The U.S. Supreme Court has defined a petty case as one in which the Answer Selected Answer: b. charge is a misdemeanor. Question 9 1 out of 1 points A public trial has been described as one that is not secret. Answer Selected Answer: b. True Question 10 0 out of 1 points The court case that held that lie detector results were not admissible in criminal cases was? Answer Selected Answer: b. Apprenti v. New Jersey Question 11 0 out of 1 points If no member of the public is present at a trial, the trial must be delayed until some member of the public is present. Answer Selected Answer: b. True Question 12 0 out of 1 points A court trial is a trial held in the judge's chambers. Answer Selected Answer: b. True Question 13 0 out of 1 points The U.S. Supreme Court has held that a jury in a criminal trial may not be composed of less than Answer Selected Answer: b. 9 persons. Question 14 0 out of 1 points The right of the accused to a jury trial is contained in what U.S. Constitutional Amendment? Answer Selected Answer: c. Tenth Question 15 1 out of 1 points A trial by judge alone Answer Selected Answer: a. is called a court trial. Question 16 1 out of 1 points The U.S. Supreme Court has held that a jury trial may not be composed of less than six persons. Answer Selected Answer: b. True Question 17 1 out of 1 points A gag order is an order to gag an unruly defendant. Answer Selected Answer: b. False Question 18 1 out of 1 points The right to trial by jury is part of the Fifth Amendment to the U.S. Constitution. Answer Selected Answer: b. False Question 19 0 out of 1 points The accused is entitled to a public trial. A public trial is one in which Answer Selected Answer: b. the public may attend without paying admission fee. Question 20 0 out of 1 points The below case held that the prosecutor could not comment on the defendant's failure to testify. Answer Selected Answer: b. United States v. Maxwell User Kenneth R Ward Course 2012MFA-MADJU-202-2752 Test Mid-Term opens 10/19/12@5am closes 10/22/12@10pm Started 10/21/12 2:11 PM Submitted 10/21/12 2:54 PM Status Completed Score 93 out of 100 points Time Elapsed 43 minutes out of 1 hour and 30 minutes. Instructions Question 1 1 out of 1 points The settlement of criminal charges by atonement was the forerunner of our present procedures for fining criminals. Answer Selected Answer: a. True Question 2 1 out of 1 points After a person is arrested, unless the charge against him or her is dismissed, some prosecutive action must be taken. Answer Selected Answer: a. True Question 3 1 out of 1 points Which of the below is a pragmatic goal of the justice system? Answer Selected Answer: b. preventing crime Question 4 1 out of 1 points Our justice system should be viewed as a set of rules and is fixed in stone. Answer Selected Answer: b. False Question 5 1 out of 1 points In some states, the state supreme court does not deal with criminal cases. Answer Selected Answer: b. True Question 6 1 out of 1 points A dual system of state and federal court systems exists today. Answer Selected Answer: a. True Question 7 1 out of 1 points Many of the early societal guidelines were developed by trial and error. Answer Selected Answer: a. True Question 8 1 out of 1 points Criminal laws should be vaguely worded in order to facilitate the prosecution of offenders. Answer Selected Answer: a. False Question 9 0 out of 1 points Which of the statements below is correct regarding common law? Answer Selected Answer: a. Common law was not used by the colonists as guidelines for conduct. Question 10 1 out of 1 points The Magna Charta Answer Selected Answer: a. was the forerunner of the right to due process. Question 11 1 out of 1 points Today, the criminal law of the states is based on a written set of regulations that is largely the result of Answer Selected Answer: a. legislative action. Question 12 1 out of 1 points The least serious category of crime is a(n) Answer Selected Answer: c. infraction. Question 13 1 out of 1 points Our system of justice is based on the ________ process. Answer Selected Answer: a. adversarial Question 14 0 out of 1 points All states have eliminated treason as a category of crime and listed it merely as a felony. Answer Selected Answer: b. True Question 15 1 out of 1 points Search warrants generally have no restrictions on when they may be executed. Answer Selected Answer: b. False Question 16 1 out of 1 points Telephonic search warrants have been eliminated by the U.S. Supreme Court. Answer Selected Answer: b. False Question 17 0 out of 1 points The exclusionary rule was applied to the states by the case of Answer Selected Answer: c. Wolf v. Colorado. Question 18 1 out of 1 points The test for any expectation of privacy is based upon the requirement that Answer Selected Answer: c. both of the above. Question 19 1 out of 1 points The major purpose of the exclusionary rule was to Answer Selected Answer: a. deter unreasonable searches and seizures. Question 20 1 out of 1 points In the Katz case, the Supreme Court expanded the scope of the Fourth Amendment by Answer Selected Answer: b. establishing an expectation of privacy zone. Question 21 1 out of 1 points The drafters of the Bill of Rights were influenced by Answer Selected Answer: d. All of the above are correct. Question 22 1 out of 1 points A person's garbage bags left on a public sidewalk may be searched without a warrant. Answer Selected Answer: a. True Question 23 1 out of 1 points The U.S. Supreme Court has a long history of expressing a strong preference for the use of a search warrant. Answer Selected Answer: b. True Question 24 0 out of 1 points The Fourth Amendment deals with seizures of property, not persons. Answer Selected Answer: b. True Question 25 1 out of 1 points The Fourth Amendment does not protect a person's papers. Answer Selected Answer: b. False Question 26 1 out of 1 points There are no exceptions to the Fourth Amendment requirements. Answer Selected Answer: b. False Question 27 1 out of 1 points The Fruits of the Poisonous Tree Doctrine applies only to arrests and not searches. Answer Selected Answer: b. False Question 28 1 out of 1 points Chimel v. California discussed the permissible scope of a search incident to an arrest. Answer Selected Answer: b. True Question 29 1 out of 1 points Failure of an arrested person to demand the right to make a telephone call is considered as a waiver of that right. Answer Selected Answer: a. False Question 30 1 out of 1 points In most states, the Uniform Act of Fresh Pursuit covers only felony violations. Answer Selected Answer: b. True Question 31 1 out of 1 points Only a citizen of the United States may make a citizen's or private person arrest. Answer Selected Answer: b. False Question 32 1 out of 1 points Consuls have unlimited immunity from arrest. Answer Selected Answer: a. False Question 33 1 out of 1 points A peace officer has much greater authority to make an arrest without a warrant than does a private person. Answer Selected Answer: a. False Question 34 1 out of 1 points The elements of an arrest include: Answer Selected Answer: e. Only answers B and C above are correct. Question 35 1 out of 1 points Which of the classes of persons below has at least limited immunity from arrest? Answer Selected Answer: e. only C and D Question 36 1 out of 1 points An arrest has been defined as the taking of a person into custody in a manner authorized by the law. Answer Selected Answer: a. True Question 37 1 out of 1 points The use of telephonic warrants is not permitted by the U. S. Supreme Court. Answer Selected Answer: a. False Question 38 1 out of 1 points The term "arrest" is derived from Answer Selected Answer: b. French. Question 39 1 out of 1 points Until 1967, a search was an all-or-nothing concept. Answer Selected Answer: a. True Question 40 1 out of 1 points Legislators of state legislative bodies have limited immunity from arrest. Answer Selected Answer: a. True Question 41 1 out of 1 points The federal department responsible for securing our national borders is the Answer Selected Answer: c. Department of Homeland Security. Question 42 1 out of 1 points When is it permissible for a law enforcement officer to use non-deadly force in making an arrest? Answer Selected Answer: a. in any case where an arrest is authorized Question 43 1 out of 1 points Prior to the initial appearance, a legal document must be filed with the court setting forth the charges against the accused. Answer Selected Answer: b. True Question 44 1 out of 1 points The phrase "exoneration of bail" means Answer Selected Answer: b. the property or money is returned to the surety. Question 45 1 out of 1 points The purpose of the initial appearance is to determine what charges should be brought against the accused. Answer Selected Answer: b. False Question 46 1 out of 1 points The term "arraignment" has different meaning in different states. Answer Selected Answer: b. True Question 47 1 out of 1 points The initial appearance of the accused before the court is often referred to as the Answer Selected Answer: d. arraignment. Question 48 1 out of 1 points The amount of bail that is required to be posted depends on the amount the accused can pay. Answer Selected Answer: a. False Question 49 1 out of 1 points Bail may be denied only if the person is a danger to the community. Answer Selected Answer: a. False Question 50 1 out of 1 points The purpose of the initial appearance is to provide the accused with the opportunity to make a confession. Answer Selected Answer: a. False Question 51 1 out of 1 points The importance of the initial appearance of the accused before the court was discussed in which landmark case? Answer Selected Answer: d. none of the above Question 52 1 out of 1 points In some cases, witnesses may be required to post bail to ensure presence in court. Answer Selected Answer: a. True Question 53 1 out of 1 points An accused may be released on his or her own recognizance only on misdemeanor charges. Answer Selected Answer: b. False Question 54 1 out of 1 points The initial appearance must take place without unnecessary delay. Answer Selected Answer: b. True Question 55 1 out of 1 points One of the most common reasons for the dismissal of a criminal case is the agreement by the accused to participate in a pretrial diversion program. Answer Selected Answer: b. True Question 56 1 out of 1 points Which of the statements below is correct regarding bail? Answer Selected Answer: c. The original purpose of bail was to ensure the accused's presence at trial. Question 57 1 out of 1 points A demur is a formal mode of disputing the legal sufficiency of pleadings. Answer Selected Answer: a. True Question 58 0 out of 1 points If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate Answer Selected Answer: c. dismisses the charges. Question 59 1 out of 1 points When the accused refuses to enter a plea, the judge may enter a plea of not guilty for him or her. Answer Selected Answer: b. True Question 60 1 out of 1 points The grand jury vote must be unanimous in order to return a true indictment. Answer Selected Answer: a. False Question 61 1 out of 1 points An accused may never be tried twice for the same misconduct. Answer Selected Answer: a. False Question 62 1 out of 1 points Which of the below statements are False concerning the protection against double jeopardy? Answer Selected Answer: a. The defendant may never be tried twice for the same act. Question 63 1 out of 1 points A jury trial is considered to have begun when the jury is sworn. Answer Selected Answer: b. True Question 64 1 out of 1 points If a defendant does not plead "not guilty by reasons of insanity," he or she may be presumed to be sane at the time the crime was committed. Answer Selected Answer: b. True Question 65 1 out of 1 points Which of the actions below may be taken at an arraignment? Answer Selected Answer: e. All of the above may occur. Question 66 1 out of 1 points An information is another name for an indictment. Answer Selected Answer: b. False Question 67 1 out of 1 points Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing? Answer Selected Answer: b. The magistrate has the primary duty of determining if there is probable cause to hold the accused over for trial. Question 68 1 out of 1 points Which of the statements below is correct regarding the preliminary hearing? Answer Selected Answer: a. A preliminary hearing is much like a junior trial. Question 69 1 out of 1 points The primary purpose of a grand jury is to Answer Selected Answer: b. determine whether there are sufficient facts to hold the accused for trial. Question 70 1 out of 1 points An indictment and a "true bill" are two completely different documents. Answer Selected Answer: a. False Question 71 1 out of 1 points An indictment serves which of the purposes listed below? Answer Selected Answer: e. All of the above are correct. Question 72 1 out of 1 points The Barker case held that the prosecution is responsible for bringing the defendant to trial. Answer Selected Answer: a. True Question 73 0 out of 1 points If the defendant in a state criminal case contends that she will not get a fair trial in the judicial district in which the crime was committed, she may Answer Selected Answer: b. submit a writ of habeas corpus to require the trial judge to move the place of trial. Question 74 1 out of 1 points The accused may waive his or her right to a speedy trial. Answer Selected Answer: a. True Question 75 1 out of 1 points Criminal trials may take place in the county selected by the prosecutor. Answer Selected Answer: b. False Question 76 1 out of 1 points If venue is not established at trial, it is considered as waived. Answer Selected Answer: a. False Question 77 1 out of 1 points A defendant may request a change of venue. Answer Selected Answer: b. True Question 78 1 out of 1 points The defendant's right to a speedy trial is different from his or her other rights in that Answer Selected Answer: d. All of the above are correct. Question 79 1 out of 1 points The statute of limitations and the right to a speedy trial cover the same rights. Answer Selected Answer: b. False Question 80 1 out of 1 points The prosecution may order a change in venue in order to ensure a fair trial. Answer Selected Answer: b. False Question 81 1 out of 1 points Which of the below statements is correct regarding the statute of limitations? Answer Selected Answer: d. Answers A and C are correct. Question 82 1 out of 1 points The Fourth Amendment assures the defendant the right to a speedy trial. Answer Selected Answer: b. False Question 83 1 out of 1 points Any requests for continuances must be approved by the state. Answer Selected Answer: b. False Question 84 1 out of 1 points The accused may waive venue. Answer Selected Answer: a. True Question 85 1 out of 1 points If no issue is raised as the defendant's competency to stand trial, then it is assumed that she is competent. Answer Selected Answer: b. True Question 86 1 out of 1 points The accused has a right to demand a court trial. Answer Selected Answer: a. False Question 87 1 out of 1 points The below case held that the prosecutor could not comment on the defendant's failure to testify. Answer Selected Answer: d. Griffin v. California Question 88 1 out of 1 points In which of the situations below does the accused have the right to a jury trial? Answer Selected Answer: c. where the maximum punishment is one year's confinement Question 89 1 out of 1 points The right of the accused to a jury trial is contained in what U.S. Constitutional Amendment? Answer Selected Answer: c. Sixth Question 90 1 out of 1 points A court trial is a trial held in the judge's chambers. Answer Selected Answer: b. False Question 91 1 out of 1 points The U.S. Supreme Court has defined a petty case as one in which the Answer Selected Answer: d. maximum penalty is six months confinement. Question 92 1 out of 1 points A trial by judge alone is referred to as a jury trial. Answer Selected Answer: a. False Question 93 1 out of 1 points The court case that held that lie detector results were not admissible in criminal cases was? Answer Selected Answer: c. United States v. Scheffer Question 94 1 out of 1 points If no member of the public is present at a trial, the trial must be delayed until some member of the public is present. Answer Selected Answer: a. False Question 95 1 out of 1 points The below case held that the prosecutor could not exclude from the jury a racial group solely because of their membership in the group. Answer Selected Answer: b. Batson v. Kentucky Question 96 0 out of 1 points The U.S. Supreme Court has held that a jury in a criminal trial may not be composed of less than Answer Selected Answer: a. 12 persons. Question 97 1 out of 1 points The U.S. Supreme Court has held that in all criminal cases the defendant has a right to a jury trial. Answer Selected Answer: a. False Question 98 1 out of 1 points A trial by judge alone Answer Selected Answer: c. is called a court trial. Question 99 1 out of 1 points Before a prosecutor releases information to the media, she should consider: Answer Selected Answer: d. All of the above. Question 100 1 out of 1 points The accused is entitled to a public trial. A public trial is one in which Answer Selected Answer: a. the public is free to attend. Question 1 0 out of 1 points The Cureton test requires Answer Selected Answer: c. defendant be present at all stages of the trial except the sentencing. Question 2 0 out of 1 points A defendant is entitled to effective counsel; a counsel is deemed ineffective during a criminal trial if the trial: Answer Selected Answer: b. was not error free as to the defendant. Question 3 0 out of 1 points Under the common law of England, one on trial for a felony was not entitled to the assistance of counsel. Answer Selected Answer: b. False Question 4 1 out of 1 points The right to the assistance of counsel is embodied in the Fifth Amendment to the U.S. Constitution. Answer Selected Answer: a. False Question 5 0 out of 1 points The U.S. Supreme Court has held that a defendant may waive the assistance of counsel and represent him or herself Answer Selected Answer: a. if the defendant feels his or her attorney cannot be trusted. Question 6 0 out of 1 points Once a trial has commenced and a defendant has knowingly and voluntarily absented himself or herself, the trial judge Answer Selected Answer: c. must grant a continuance. Question 7 0 out of 1 points The constitutional guarantee to the assistance of counsel is made obligatory upon the states by the Fourteenth Amendment. Answer Selected Answer: b. False Question 8 1 out of 1 points When must the court appoint a counsel to represent the defendant? Answer Selected Answer: a. when defendant is indigent and faces potential punishment of confinement Question 9 1 out of 1 points An accused does not have the right to counsel in petty cases. Answer Selected Answer: b. False Question 10 1 out of 1 points For many years, the interpretation of the right of the accused to be present during trial was so rigid that, if a defendant was not present, a trial had to be halted until he or she was in attendance. Answer Selected Answer: a. True Question 11 0 out of 1 points The Faretta case authorized a trial judge to appoint standby counsel in which of the following situations? Answer Selected Answer: b. only with consent of the defendant Question 12 0 out of 1 points For many years the constitutional guarantee to the assistance of counsel was interpreted to mean at trial time only and not before. Answer Selected Answer: b. False Question 13 1 out of 1 points The U.S. Supreme Court has held that if a defendant represents himself or herself, the trial judge Answer Selected Answer: a. may inform the defendant that the judge has no constitutional duty to assist the defendant. Question 14 1 out of 1 points The Sixth Amendment gives the defendant the right to be present at his or her trial. Answer Selected Answer: b. True Question 15 0 out of 1 points The defendant in a misdemeanor case tried before a jury has the right Answer Selected Answer: d. None of the above are correct. Question 16 1 out of 1 points Faretta v. California held that a defendant must be provided counsel in felony cases. Answer Selected Answer: b. False Question 17 0 out of 1 points The Illinois v. Allen decision held that an unruly defendant could be Answer Selected Answer: b. removed from the courtroom. Question 18 0 out of 1 points In which case did the U.S. Supreme Court hold that the defendant has the right to counsel during the course of any police interrogation? Answer Selected Answer: c. Faretta v. California Question 19 1 out of 1 points At common law in England, an accused had the right to the assistance of counsel in misdemeanor cases. Answer Selected Answer: b. True Question 20 0 out of 1 points An accused has the right to waive the assistance of counsel and represent him or herself. Answer Selected Answer: b. False Question 1 1 out of 1 points Under the common law of England, one on trial for a felony was not entitled to the assistance of counsel. Answer Selected Answer: b. True Question 2 1 out of 1 points The Faretta case authorized a trial judge to appoint standby counsel in which of the following situations? Answer Selected Answer: d. in all felony cases where the defendant has waived counsel Question 3 1 out of 1 points For many years, the interpretation of the right of the accused to be present during trial was so rigid that, if a defendant was not present, a trial had to be halted until he or she was in attendance. Answer Selected Answer: a. True Question 4 1 out of 1 points The U.S. Supreme Court has held that if a defendant represents himself or herself, the trial judge Answer Selected Answer: c. may inform the defendant that the judge has no constitutional duty to assist the defendant. Question 5 1 out of 1 points For many years the constitutional guarantee to the assistance of counsel was interpreted to mean at trial time only and not before. Answer Selected Answer: b. True Question 6 1 out of 1 points The Sixth Amendment gives the defendant the right to be present at his or her trial. Answer Selected Answer: b. True Question 7 1 out of 1 points At common law in England, an accused had the right to the assistance of counsel in misdemeanor cases. Answer Selected Answer: b. True Question 8 1 out of 1 points When must the court appoint a counsel to represent the defendant? Answer Selected Answer: a. when defendant is indigent and faces potential punishment of confinement Question 9 1 out of 1 points The constitutional guarantee to the assistance of counsel is made obligatory upon the states by the Fourteenth Amendment. Answer Selected Answer: b. True Question 10 1 out of 1 points An accused does not have the right to counsel in petty cases. Answer Selected Answer: b. False Question 11 1 out of 1 points The right to the assistance of counsel is embodied in the Fifth Amendment to the U.S. Constitution. Answer Selected Answer: a. False Question 12 0 out of 1 points The Cureton test requires Answer Selected Answer: a. defendant to be present during the main portion of the trial. Question 13 0 out of 1 points Once a trial has commenced and a defendant has knowingly and voluntarily absented himself or herself, the trial judge Answer Selected Answer: a. may declare a mistrial. Question 14 1 out of 1 points The U.S. Supreme Court has held that a defendant may waive the assistance of counsel and represent him or herself Answer Selected Answer: b. if the defendant knowingly and intelligently waives counsel. Question 15 1 out of 1 points Faretta v. California held that a defendant must be provided counsel in felony cases. Answer Selected Answer: b. False Question 16 1 out of 1 points The defendant in a misdemeanor case tried before a jury has the right Answer Selected Answer: b. not to be tried in jail clothes. Question 17 1 out of 1 points The Illinois v. Allen decision held that an unruly defendant could be Answer Selected Answer: d. any of the above. Question 18 1 out of 1 points A defendant is entitled to effective counsel; a counsel is deemed ineffective during a criminal trial if the trial: Answer Selected Answer: b. was fundamentally unfair to the defendant. Question 19 1 out of 1 points An accused has the right to waive the assistance of counsel and represent him or herself. Answer Selected Answer: a. True Question 20 0 out of 1 points In which case did the U.S. Supreme Court hold that the defendant has the right to counsel during the course of any police interrogation? Answer Selected Answer: a. Douglas v. California Question 1 1 out of 1 points Few motions are filed in criminal cases. Answer Selected Answer: b. False Question 2 1 out of 1 points If the accused commits a series of crimes of the same nature, those crimes may not be tried together. Answer Selected Answer: b. False Question 3 0 out of 1 points The right of discovery permits the opposite side to inspect the evidence held by the opposition. Answer Selected Answer: a. False Question 4 0 out of 1 points The right of discovery was created primarily for the benefit of the prosecution. Answer Selected Answer: b. True Question 5 0 out of 1 points The most frequently used reason to request the suppression of evidence is that the evidence was unlawfully seized. Answer Selected Answer: b. False Question 6 0 out of 1 points The state laws generally provide that a continuance may not be granted except Answer Selected Answer: a. on request of the trial judge. Question 7 0 out of 1 points If the competency of the defendant is in question Answer Selected Answer: d. the trial proceeds with the defense having the assistance of a psychiatrist. Question 8 1 out of 1 points The right of discovery comes into being by legislative action only. Answer Selected Answer: b. False Question 9 0 out of 1 points A motion for a continuance is based on Answer Selected Answer: a. needs of the prosecution. Question 10 1 out of 1 points The U.S. Supreme Court has not sanctioned plea bargaining. Answer Selected Answer: b. False Question 11 0 out of 1 points Two defendants are being tried together for the robbery of a bank. The defendants do not want to be tried at the same time in the same court. Their counsel should submit a motion for Answer Selected Answer: a. joiner of offences Question 12 0 out of 1 points The right of pretrial discovery was originally granted to the defendant upon the theory that the right would assist the defendant Answer Selected Answer: b. in obtaining the names of key witnesses. Question 13 1 out of 1 points When the prosecutor enters a nolle prosequi, he or she takes the following action: Answer Selected Answer: c. requests that the trial court dismiss the action. Question 14 1 out of 1 points The U.S. Supreme Court has sanctioned the right of discovery by the prosecution. Answer Selected Answer: b. True Question 15 0 out of 1 points The right of pretrial discovery may come into being by Answer Selected Answer: a. appellate court decisions. Question 16 1 out of 1 points The right of discovery existed at common law. Answer Selected Answer: b. False Question 17 0 out of 1 points If two or more persons jointly commit a crime, they must be tried together. Answer Selected Answer: b. True Question 18 0 out of 1 points The police searched Jerry's home without a warrant and found drugs under his bed. To contest the legality of the search, his counsel may file a motion to Answer Selected Answer: c. determine the legality of the search. Question 19 0 out of 1 points The chief argument against granting the prosecution any right of discovery is that the right would be compelling the defendant to Answer Selected Answer: a. subject the witnesses to harassment. Question 20 1 out of 1 points In states where pretrial discovery is not recognized, generally the defendant must rely on Answer Selected Answer: c. preliminary hearing. Question 1 1 out of 1 points The chief argument against granting the prosecution any right of discovery is that the right would be compelling the defendant to Answer Selected Answer: c. be a witness against himself or herself. Question 2 0 out of 1 points If the competency of the defendant is in question Answer Selected Answer: b. a plea of not guilty by reason of insanity is entered. Question 3 1 out of 1 points The right of discovery was created primarily for the benefit of the prosecution. Answer Selected Answer: a. False Question 4 1 out of 1 points The police searched Jerry's home without a warrant and found drugs under his bed. To contest the legality of the search, his counsel may file a motion to Answer Selected Answer: c. suppress the evidence. Question 5 1 out of 1 points When the prosecutor enters a nolle prosequi, he or she takes the following action: Answer Selected Answer: b. requests that the trial court dismiss the action. Question 6 1 out of 1 points The most frequently used reason to request the suppression of evidence is that the evidence was unlawfully seized. Answer Selected Answer: b. True Question 7 1 out of 1 points The U.S. Supreme Court has not sanctioned plea bargaining. Answer Selected Answer: b. False Question 8 1 out of 1 points The right of discovery existed at common law. Answer Selected Answer: b. False Question 9 0 out of 1 points The right of pretrial discovery was originally granted to the defendant upon the theory that the right would assist the defendant Answer Selected Answer: a. in suppressing unfavorable testimony. Question 10 1 out of 1 points In states where pretrial discovery is not recognized, generally the defendant must rely on Answer Selected Answer: c. preliminary hearing. Question 11 1 out of 1 points The right of pretrial discovery may come into being by Answer Selected Answer: a. appellate court decisions and/or legislative actions. Question 12 1 out of 1 points The right of discovery comes into being by legislative action only. Answer Selected Answer: b. False Question 13 1 out of 1 points Few motions are filed in criminal cases. Answer Selected Answer: b. False Question 14 0 out of 1 points Two defendants are being tried together for the robbery of a bank. The defendants do not want to be tried at the same time in the same court. Their counsel should submit a motion for Answer Selected Answer: c. severance of offenses. Question 15 1 out of 1 points If the accused commits a series of crimes of the same nature, those crimes may not be tried together. Answer Selected Answer: b. False Question 16 1 out of 1 points The state laws generally provide that a continuance may not be granted except Answer Selected Answer: b. as may be required by law. Question 17 1 out of 1 points A motion for a continuance is based on Answer Selected Answer: d. the discretion of the trial judge. Question 18 1 out of 1 points The U.S. Supreme Court has sanctioned the right of discovery by the prosecution. Answer Selected Answer: b. True Question 19 1 out of 1 points If two or more persons jointly commit a crime, they must be tried together. Answer Selected Answer: a. False Question 20 1 out of 1 points The right of discovery permits the opposite side to inspect the evidence held by the opposition. Answer Selected Answer: a. True Question 1 0 out of 1 points Which of the below statements of fact may a trial court take judicial notice? Answer Selected Answer: a. The defendant has a prior felony conviction. Question 2 0 out of 1 points Relevant evidence may be excluded by the trial judge if he or she considers that the evidence will waste the court or jury's time. Answer Selected Answer: b. False Question 3 0 out of 1 points Under a rape shield statute, when the victim is testifying, generally which of the below questions is not admissible? Answer Selected Answer: c. Have you ever made a false accusation of rape? Question 4 1 out of 1 points A trial judge has the discretion to fashion evidentiary procedures to deal with situations not specifically covered by the rules of evidence. Answer Selected Answer: a. True Question 5 1 out of 1 points Impeachment is a legal term referring to the process of establishing that a witness has a tendency to testify correctly or accurately. Answer Selected Answer: b. False Question 6 0 out of 1 points Federal Rule of Evidence 102 establishes a principle of flexibility in the application of the rules of evidence. A similar rule Answer Selected Answer: d. exists in a few state courts. Question 7 0 out of 1 points Relevant evidence may be excluded on the grounds of Answer Selected Answer: b. confusion. Question 8 1 out of 1 points Evidence that a defendant is a "bad character" is generally admissible to establish that defendant committed the crime being charged. Answer Selected Answer: b. False Question 9 0 out of 1 points Character evidence may be admissible to establish Answer Selected Answer: d. None of the above statements are correct. Question 10 0 out of 1 points Which of the below statements is NOT an exception to the general rules on the inadmissibility of hearsay? Answer Selected Answer: a. Statement made for the purpose of medical diagnosis. Question 11 1 out of 1 points A ruling on evidence cannot be assigned as error unless Answer Selected Answer: c. Both A and B are correct. Question 12 0 out of 1 points Under modern rules of evidence, the general rule is that all persons are competent to testify. Answer Selected Answer: b. False Question 13 0 out of 1 points Hearsay is never admissible in a criminal trial. Answer Selected Answer: a. True Question 14 1 out of 1 points The "fairness rule" requires the exclusion of certain portions of a statement when the statement is admitted into evidence. Answer Selected Answer: b. False Question 15 0 out of 1 points For evidentiary purposes, a person who makes a statement is considered as Answer Selected Answer: b. a proponent. Question 16 1 out of 1 points Invoking the rule means that Answer Selected Answer: a. witnesses are excluded from the courtroom when other witnesses are testifying. Question 17 0 out of 1 points "Former testimony" is not considered as hearsay. Answer Selected Answer: b. False Question 18 0 out of 1 points A non-expert witness may never be allowed to testify as to his or her opinion on a relevant issue before the court. Answer Selected Answer: a. True Question 19 1 out of 1 points The U.S. Supreme Court has sanctioned the right of discovery by the prosecution. Answer Selected Answer: b. True Question 20 0 out of 1 points The right of discovery comes into being by legislative action only. Answer Selected Answer: a. True Question 1 1 out of 1 points The "fairness rule" requires the exclusion of certain portions of a statement when the statement is admitted into evidence. Answer Selected Answer: a. False Question 2 1 out of 1 points A trial judge has the discretion to fashion evidentiary procedures to deal with situations not specifically covered by the rules of evidence. Answer Selected Answer: b. True Question 3 1 out of 1 points Invoking the rule means that Answer Selected Answer: b. witnesses are excluded from the courtroom when other witnesses are testifying. Question 4 0 out of 1 points Which of the below statements is NOT an exception to the general rules on the inadmissibility of hearsay? Answer Selected Answer: c. A memorandum used to refresh recollection. Question 5 0 out of 1 points Federal Rule of Evidence 102 establishes a principle of flexibility in the application of the rules of evidence. A similar rule Answer Selected Answer: b. does not exist in most state courts. Question 6 1 out of 1 points Relevant evidence may be excluded by the trial judge if he or she considers that the evidence will waste the court or jury's time. Answer Selected Answer: a. True Question 7 1 out of 1 points Hearsay is never admissible in a criminal trial. Answer Selected Answer: a. False Question 8 1 out of 1 points A non-expert witness may never be allowed to testify as to his or her opinion on a relevant issue before the court. Answer Selected Answer: a. False Question 9 0 out of 1 points Which of the below statements of fact may a trial court take judicial notice? Answer Selected Answer: b. The defendant has made a voluntary confession. Question 10 1 out of 1 points Evidence that a defendant is a "bad character" is generally admissible to establish that defendant committed the crime being charged. Answer Selected Answer: a. False Question 11 1 out of 1 points "Former testimony" is not considered as hearsay. Answer Selected Answer: b. True Question 12 1 out of 1 points Relevant evidence may be excluded on the grounds of Answer Selected Answer: d. All of the above are reasons to exclude relevant evidence. Question 13 0 out of 1 points Character evidence may be admissible to establish Answer Selected Answer: b. that defendant is a bad person. Question 14 0 out of 1 points For evidentiary purposes, a person who makes a statement is considered as Answer Selected Answer: c. an expert witness. Question 15 1 out of 1 points A ruling on evidence cannot be assigned as error unless Answer Selected Answer: c. Both A and B are correct. Question 16 1 out of 1 points Impeachment is a legal term referring to the process of establishing that a witness has a tendency to testify correctly or accurately. Answer Selected Answer: a. False Question 17 1 out of 1 points Under a rape shield statute, when the victim is testifying, generally which of the below questions is not admissible? Answer Selected Answer: c. Have you had sex with other men? Question 18 1 out of 1 points Under modern rules of evidence, the general rule is that all persons are competent to testify. Answer Selected Answer: a. True Question 19 1 out of 1 points The U.S. Supreme Court has sanctioned the right of discovery by the prosecution. Answer Selected Answer: a. True Question 20 1 out of 1 points The right of discovery comes into being by legislative action only. Answer Selected Answer: b. False Question 1 0 out of 1 points In most jurisdictions, if the prosecutor fails to perform his or her duties, the state attorney general may prosecute local cases. Answer Selected Answer: b. False Question 2 0 out of 1 points Assistants to trial judges who may hold hearing on motions are called Answer Selected Answer: c. court clerks. Question 3 0 out of 1 points A trial judge may hold a person in direct contempt when Answer Selected Answer: a. the person fails to obey a written order from the court. Question 4 1 out of 1 points Which amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions? Answer Selected Answer: b. Sixth Amendment Question 5 0 out of 1 points The officer of the court that is responsible to maintain all records of a particular court is the Answer Selected Answer: c. trial judge. Question 6 0 out of 1 points Our justice system is known as an adversarial system which means that Answer Selected Answer: a. in most trials the judge is adverse to one side or the other. Question 7 0 out of 1 points In which case did the Supreme Court hold that the suppression of evidence by the prosecutor that was favorable to defendant was a violation of due process? Answer Selected Answer: b. Gideon v. Wainwright Question 8 0 out of 1 points Indirect and constructive contempt are synonymous terms. Answer Selected Answer: b. False Question 9 1 out of 1 points Indirect contempt is an act that indirectly affects the judge. Answer Selected Answer: a. False Question 10 1 out of 1 points The terms "judge" and "court" are used interchangeably. Answer Selected Answer: b. True Question 11 0 out of 1 points When a judge abuses his or her power, the only corrective action that may be taken is to impeach the judge. Answer Selected Answer: b. True Question 12 0 out of 1 points The court clerk as an officer of the court is not an importance participant in the trial proceedings. Answer Selected Answer: b. True Question 13 1 out of 1 points Which of the below statements is privileged? Answer Selected Answer: a. statement by accused telling his attorney that he committed the crime Question 14 0 out of 1 points Before a person can be held guilty of indirect contempt a hearing must be held. Answer Selected Answer: b. False Question 15 0 out of 1 points Because of the supervisory powers of the judge, the prosecuting attorney has little power. Answer Selected Answer: a. True Question 16 0 out of 1 points The primary function of the prosecutor is to convict the defendant. Answer Selected Answer: b. True Question 17 0 out of 1 points In which case listed below did the U.S. Supreme Court establish the principle that indigent defendants have the right to an appointed attorney in all felony cases? Answer Selected Answer: b. Brown v. Topeka Board of Education Question 18 1 out of 1 points The basic types of defense attorney include Answer Selected Answer: e. all of the above Question 19 0 out of 1 points Direct contempt of court is an act of misconduct committed in front of the judge. Answer Selected Answer: b. False Question 20 0 out of 1 points A trial judge has the duty to see that the Answer Selected Answer: b. defendant's interests are protected when there is a not guilty finding. Question 1 0 out of 1 points Assistants to trial judges who may hold hearing on motions are called Answer Selected Answer: c. legal assistants. Question 2 0 out of 1 points In which case listed below did the U.S. Supreme Court establish the principle that indigent defendants have the right to an appointed attorney in all felony cases? Answer Selected Answer: b. Argersinger v. Hamilin Question 3 1 out of 1 points The terms "judge" and "court" are used interchangeably. Answer Selected Answer: b. True Question 4 1 out of 1 points The court clerk as an officer of the court is not an importance participant in the trial proceedings. Answer Selected Answer: b. False Question 5 0 out of 1 points Our justice system is known as an adversarial system which means that Answer Selected Answer: b. the jury system is adverse to a court trial. Question 6 1 out of 1 points When a judge abuses his or her power, the only corrective action that may be taken is to impeach the judge. Answer Selected Answer: a. False Question 7 0 out of 1 points A trial judge has the duty to see that the Answer Selected Answer: c. defense witnesses do not commit perjury. Question 8 1 out of 1 points The primary function of the prosecutor is to convict the defendant. Answer Selected Answer: a. False Question 9 1 out of 1 points In most jurisdictions, if the prosecutor fails to perform his or her duties, the state attorney general may prosecute local cases. Answer Selected Answer: b. True Question 10 1 out of 1 points Indirect and constructive contempt are synonymous terms. Answer Selected Answer: b. True Question 11 0 out of 1 points Before a person can be held guilty of indirect contempt a hearing must be held. Answer Selected Answer: a. False Question 12 1 out of 1 points Which amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions? Answer Selected Answer: a. Sixth Amendment Question 13 1 out of 1 points Which of the below statements is privileged? Answer Selected Answer: a. statement by accused telling his attorney that he committed the crime Question 14 1 out of 1 points The officer of the court that is responsible to maintain all records of a particular court is the Answer Selected Answer: d. clerk. Question 15 0 out of 1 points In which case did the Supreme Court hold that the suppression of evidence by the prosecutor that was favorable to defendant was a violation of due process? Answer Selected Answer: c. Brown v. Topeka Board of Education Question 16 1 out of 1 points Because of the supervisory powers of the judge, the prosecuting attorney has little power. Answer Selected Answer: a. False Question 17 1 out of 1 points Direct contempt of court is an act of misconduct committed in front of the judge. Answer Selected Answer: b. True Question 18 1 out of 1 points The basic types of defense attorney include Answer Selected Answer: e. all of the above Question 19 1 out of 1 points Indirect contempt is an act that indirectly affects the judge. Answer Selected Answer: a. False Question 20 0 out of 1 points A trial judge may hold a person in direct contempt when Answer Selected Answer: d. all of the above situations. Question 1 0 out of 1 points Direct examination means Answer Selected Answer: c. asking questions to which a direct answer must be given. Question 2 1 out of 1 points A subpoena and a subpoena duces tecum serve the same purpose. Answer Selected Answer: b. False Question 3 1 out of 1 points After prosecution rests and the defense presents its evidence, the prosecution may then Answer Selected Answer: d. Both B and C are correct. Question 4 1 out of 1 points Statements made by counsel during opening statements may be considered by the jurors as evidence. Answer Selected Answer: b. False Question 5 1 out of 1 points Because of the right of confrontation most of the evidence presented by the prosecution during a trial will be through the testimony of witnesses. Answer Selected Answer: a. True Question 6 0 out of 1 points If the witness objects to taking an oath, the trial judge may Answer Selected Answer: b. disqualify the witness. Question 7 0 out of 1 points The prosecution has a duty to call all eye-witnesses to a crime. Answer Selected Answer: b. True Question 8 0 out of 1 points An out of court statement taken of a witness under oath and before a court reporter and the counsel is called a/an Answer Selected Answer: b. declaration. Question 9 1 out of 1 points The meaning of the term "reasonable doubt" is easy to define. Answer Selected Answer: b. False Question 10 0 out of 1 points When the defendant claims that he did not know that what he was doing was wrong, he is invoking what insanity test? Answer Selected Answer: a. Substantial capacity Question 11 0 out of 1 points If a defendant does not take the stand in his or her own behalf Answer Selected Answer: b. it means that he or she is guilty. Question 12 1 out of 1 points Leading questions may be asked of a hostile witness during direct examination. Answer Selected Answer: b. True Question 13 1 out of 1 points A person must be served with a subpoena in order to be a witness. Answer Selected Answer: b. False Question 14 0 out of 1 points When the judge sustains an objection to a question, it means Answer Selected Answer: d. that the question may be answered. Question 15 0 out of 1 points A leading question is one which Answer Selected Answer: c. is used mostly during direct examination. Question 16 0 out of 1 points The purpose of the opening statement is to outline the evidence that is to be introduced during the trial. Answer Selected Answer: b. False Question 17 0 out of 1 points If a witness does not want to take an oath, the witness may make an affirmation Answer Selected Answer: b. False Question 18 1 out of 1 points Incriminating questions includes questions which would subject the witness to embarrassment. Answer Selected Answer: b. False Question 19 1 out of 1 points A witness has a right not to incriminate him or herself. Answer Selected Answer: b. True Question 20 0 out of 1 points Which below standard is presently used in federal courts? Answer Selected Answer: b. Could not control his or her conduct test Question 1 1 out of 1 points Incriminating questions includes questions which would subject the witness to embarrassment. Answer Selected Answer: b. False Question 2 1 out of 1 points A witness has a right not to incriminate him or herself. Answer Selected Answer: b. True Question 3 1 out of 1 points Statements made by counsel during opening statements may be considered by the jurors as evidence. Answer Selected Answer: a. False Question 4 0 out of 1 points An out of court statement taken of a witness under oath and before a court reporter and the counsel is called a/an Answer Selected Answer: d. affirmation. Question 5 1 out of 1 points Because of the right of confrontation most of the evidence presented by the prosecution during a trial will be through the testimony of witnesses. Answer Selected Answer: a. True Question 6 1 out of 1 points The prosecution has a duty to call all eye-witnesses to a crime. Answer Selected Answer: b. False Question 7 1 out of 1 points Direct examination means Answer Selected Answer: a. questioning by the side that called the witness. Question 8 0 out of 1 points When the defendant claims that he did not know that what he was doing was wrong, he is invoking what insanity test? Answer Selected Answer: a. ALI Question 9 1 out of 1 points After prosecution rests and the defense presents its evidence, the prosecution may then Answer Selected Answer: d. Both B and C are correct. Question 10 1 out of 1 points A person must be served with a subpoena in order to be a witness. Answer Selected Answer: b. False Question 11 0 out of 1 points Which below standard is presently used in federal courts? Answer Selected Answer: c. Right from wrong test Question 12 1 out of 1 points Leading questions may be asked of a hostile witness during direct examination. Answer Selected Answer: a. True Question 13 0 out of 1 points After the prosecution has completed its redirect examination of a witness, the defense may then conduct Answer Selected Answer: b. concluding examination. Question 14 1 out of 1 points A subpoena and a subpoena duces tecum serve the same purpose. Answer Selected Answer: a. False Question 15 0 out of 1 points When the judge sustains an objection to a question, it means Answer Selected Answer: c. that the witness must wait until the judge makes up his or her mind. Question 16 1 out of 1 points If a witness does not want to take an oath, the witness may make an affirmation Answer Selected Answer: b. True Question 17 1 out of 1 points If a defendant does not take the stand in his or her own behalf Answer Selected Answer: d. his or her failure to do so may not be commented on by the prosecution. Question 18 1 out of 1 points The meaning of the term "reasonable doubt" is easy to define. Answer Selected Answer: a. False Question 19 1 out of 1 points The purpose of the opening statement is to outline the evidence that is to be introduced during the trial. Answer Selected Answer: a. True Question 20 0 out of 1 points If the witness objects to taking an oath, the trial judge may Answer Selected Answer: b. order the witness to take an oath. Question 1 0 out of 1 points Instructing the jury and charging the jury are synonymous terms. Answer Selected Answer: False Question 2 1 out of 1 points The purpose of instructing the jury is to summarize the law applicable to the case. Answer Selected Answer: True Question 3 0 out of 1 points Unless requested by the prosecution or defense, the judge has no responsibility to instruct the jury. Answer Selected Answer: True Question 4 1 out of 1 points The judge may not give any instructions except those provided by the attorneys in the case. Answer Selected Answer: False Question 5 0 out of 1 points The defendant is entitled to instructions being given on all pertinent evidence regardless of its importance. Answer Selected Answer: False Question 6 1 out of 1 points Often the instructions to the jury are long and boring. Answer Selected Answer: True Question 7 1 out of 1 points During deliberations only the jurors and the officer in charge of the jurors are present. Answer Selected Answer: False Question 8 1 out of 1 points If the trial ends in a hung jury, it must be retried with the same jury. Answer Selected Answer: False Question 9 1 out of 1 points At the conclusion of evidence, the judge gives the jury a set time to deliberate. Answer Selected Answer: False Question 10 1 out of 1 points The U.S. Supreme Court does not approve of less than unanimous verdicts. Answer Selected Answer: False Question 11 0 out of 1 points The judge has the responsibility of instructing the jury in a language that is Answer Selected Answer: a. understood by a majority of the jurors. Question 12 1 out of 1 points The following persons may be present in the jury room during deliberations Answer Selected Answer: b. jurors only. Question 13 0 out of 1 points How long the jury may deliberate on a case before reaching a verdict depends upon Answer Selected Answer: d. how good the attorneys were. Question 14 0 out of 1 points Which of the statements below is correct regarding comments by the judge on the evidence? Answer Selected Answer: b. All states allow the judge to comment on the strength of the evidence. Question 15 0 out of 1 points The duties of the foreperson include Answer Selected Answer: d. all of the above Question 16 1 out of 1 points Which of the following materials may not be taken into a jury room during deliberations? Answer Selected Answer: a. depositions of witnesses Question 17 0 out of 1 points The purpose of the Allen charge is to Answer Selected Answer: b. to discipline the jury. Question 18 0 out of 1 points In a case where the defendant is tried for a minor crime by a jury composed of only six jurors, how many jurors are required to reach a verdict? Answer Selected Answer: d. depends on state statutes Question 19 1 out of 1 points In Williams v. Florida, the U.S. Supreme Court held that a state statute requiring the defense to give notice of an alibi was Answer Selected Answer: a. constitutional. Question 20 1 out of 1 points The jury has deliberated for four days and sends a message to the trial judge that they can not reach a verdict. The trial judge may Answer Selected Answer: d. All of the above options are available to the trial judge. Question 1 1 out of 1 points Instructing the jury and charging the jury are synonymous terms. Answer Selected Answer: True Question 2 1 out of 1 points The purpose of instructing the jury is to summarize the law applicable to the case. Answer Selected Answer: True Question 3 1 out of 1 points Unless requested by the prosecution or defense, the judge has no responsibility to instruct the jury. Answer Selected Answer: False Question 4 1 out of 1 points The judge may not give any instructions except those provided by the attorneys in the case. Answer Selected Answer: False Question 5 1 out of 1 points The defendant is entitled to instructions being given on all pertinent evidence regardless of its importance. Answer Selected Answer: True Question 6 1 out of 1 points Often the instructions to the jury are long and boring. Answer Selected Answer: True Question 7 1 out of 1 points During deliberations only the jurors and the officer in charge of the jurors are present. Answer Selected Answer: False Question 8 1 out of 1 points If the trial ends in a hung jury, it must be retried with the same jury. Answer Selected Answer: False Question 9 1 out of 1 points At the conclusion of evidence, the judge gives the jury a set time to deliberate. Answer Selected Answer: False Question 10 1 out of 1 points The U.S. Supreme Court does not approve of less than unanimous verdicts. Answer Selected Answer: False Question 11 1 out of 1 points The judge has the responsibility of instructing the jury in a language that is Answer Selected Answer: b. clear and understandable. Question 12 1 out of 1 points The following persons may be present in the jury room during deliberations Answer Selected Answer: b. jurors only. Question 13 1 out of 1 points How long the jury may deliberate on a case before reaching a verdict depends upon Answer Selected Answer: c. how convincing the evidence may have been. Question 14 0 out of 1 points Which of the statements below is correct regarding comments by the judge on the evidence? Answer Selected Answer: c. No state allows the judge to comment on the strength of the evidence. Question 15 0 out of 1 points The duties of the foreperson include Answer Selected Answer: b. reporting to the judge regarding the present status of all votes taken. Question 16 1 out of 1 points Which of the following materials may not be taken into a jury room during deliberations? Answer Selected Answer: a. depositions of witnesses Question 17 1 out of 1 points The purpose of the Allen charge is to Answer Selected Answer: c. encourage the jury to reach a verdict. Question 18 0 out of 1 points In a case where the defendant is tried for a minor crime by a jury composed of only six jurors, how many jurors are required to reach a verdict? Answer Selected Answer: a. four Question 19 1 out of 1 points In Williams v. Florida, the U.S. Supreme Court held that a state statute requiring the defense to give notice of an alibi was Answer Selected Answer: a. constitutional. Question 20 1 out of 1 points The jury has deliberated for four days and sends a message to the trial judge that they can not reach a verdict. The trial judge may Answer Selected Answer: d. All of the above options are available to the trial judge. Question 1 0 out of 1 points Crime victim compensation programs exist Answer Selected Answer: a. to coordinate restitution payments from offenders to victims. Question 2 1 out of 1 points In the United States, we have always been concerned about victims' rights. Answer Selected Answer: b. False Question 3 0 out of 1 points MADD was founded by Answer Selected Answer: a. Charlotte Hullinger. Question 4 0 out of 1 points NOVA, MADD, and POMC are examples of Answer Selected Answer: b. representation of victims in court. Question 5 0 out of 1 points Restitution is Answer Selected Answer: b. the right of the victim's family to sue the perpetrator in court to recover for any injuries. Question 6 0 out of 1 points The U. S. Supreme Court initially addressed the use of victim impact statements in the case of Answer Selected Answer: b. Payne v. North Carolina. Question 7 1 out of 1 points The modern concept of restitution in the criminal justice system serves a variety of purposes in the administration of justice. Answer Selected Answer: b. True Question 8 1 out of 1 points The use of victim impact statements is a controversial issue. Answer Selected Answer: a. True Question 9 0 out of 1 points Which U.S. President proposed a Victims' Rights Constitutional Amendment to the U.S. Constitution? Answer Selected Answer: b. Ronald Regan Question 10 1 out of 1 points Victim Impact Statements provide victims of crimes and/or their families with an opportunity to address the sentencing authority regarding their views of what type of punishment should be imposed on the offender. Answer Selected Answer: b. True Question 11 0 out of 1 points When a writ of habeas corpus is granted, the individual is entitled a hearing on the legality of his or her confinement. Answer Selected Answer: b. False Question 12 1 out of 1 points Upon receipt of extradition papers the governor of the asylum state will review them to determine if the fugitive Answer Selected Answer: a. should be surrendered to the demanding state. Question 13 0 out of 1 points The primary purpose of the writ of habeas corpus is to Answer Selected Answer: d. bring a case to trial. Question 14 0 out of 1 points The Uniform Criminal Extradition Act makes it unnecessary to prove that the accused Answer Selected Answer: c. has committed a crime. Question 15 1 out of 1 points A governor is forced to abide by the request of another state to honor an extradition request. Answer Selected Answer: b. False Question 16 0 out of 1 points A writ is defined as a mandatory precept. Answer Selected Answer: a. False Question 17 1 out of 1 points Interstate extradition is also known as Answer Selected Answer: b. rendition. Question 18 0 out of 1 points The primary purpose of the writ of habeas corpus is prevent unfair searches. Answer Selected Answer: b. True Question 19 0 out of 1 points The state which is seeking the fugitive is generally referred to as the ________ state. Answer Selected Answer: a. requesting Question 20 1 out of 1 points Presently, the federal Unlawful Flight Statute applies only to a few major crimes. Answer Selected Answer: b. False Question 21 0 out of 1 points A consecutive sentence is one that must be served before the next sentence begins. Answer Selected Answer: b. False Question 22 0 out of 1 points A sentence to four years in the state correctional institution is a ________ sentence. Answer Selected Answer: b. stacked Question 23 0 out of 1 points If an offender violates the terms of his or her probation, the offender Answer Selected Answer: a. must be returned to prison. Question 24 0 out of 1 points Imprisonment is the earliest form of punishment and the one most frequently used. Answer Selected Answer: b. True Question 25 1 out of 1 points In early England, imprisonment was not a form of punishment. Answer Selected Answer: b. True Question 26 1 out of 1 points Most offenders are sentenced to imprisonment. Answer Selected Answer: b. False Question 27 1 out of 1 points Under early Roman law, imprisonment as a form of punishment was an accepted sentence. Answer Selected Answer: a. False Question 28 0 out of 1 points The sentencing of a convicted offender is Answer Selected Answer: a. a simple matter of following the law. Question 29 0 out of 1 points The offender when convicted Answer Selected Answer: c. has no rights. Question 30 0 out of 1 points Retaliation during a ________ feud was often brutal and usually ended in the death of the offender. Answer Selected Answer: c. feudal Question 31 0 out of 1 points A defendant may not appeal any case in which he or she pleaded guilty. Answer Selected Answer: b. True Question 32 0 out of 1 points A guilty plea is equal to a conviction; if a defendant enters a plea of guilty, the defendant Answer Selected Answer: a. may always appeal the findings of guilty in the case. Question 33 0 out of 1 points A mistrial may be granted when any error is committed. Answer Selected Answer: b. True Question 34 1 out of 1 points A verdict of acquittal may never be appealed by the prosecution. Answer Selected Answer: b. False Question 35 0 out of 1 points Before a trial judge may declare a mistrial, he or she must conclude that there is Answer Selected Answer: b. advise the defendant regarding the defendant's rights when a mistrial is declared. Question 36 0 out of 1 points If a mistrial is granted by the judge, it means that the Answer Selected Answer: a. trial is started over again from the point of the error. Question 37 1 out of 1 points The word "verdict" literally means Answer Selected Answer: a. a true declaration. Question 38 1 out of 1 points The verdict need not be announced in open court. Answer Selected Answer: b. False Question 39 0 out of 1 points Prejudicial error may be a statement or an act of misconduct which will Answer Selected Answer: a. cause the witnesses to be prejudiced against the defendant. Question 40 0 out of 1 points If the defendant is found not guilty, the next step in the proceedings is the sentencing. Answer Selected Answer: b. True Question 1 0 out of 1 points Crime victim compensation programs exist Answer Selected Answer: d. Both A and C are correct. Question 2 1 out of 1 points In the United States, we have always been concerned about victims' rights. Answer Selected Answer: a. False Question 3 1 out of 1 points MADD was founded by Answer Selected Answer: b. Candy Lighter. Question 4 0 out of 1 points NOVA, MADD, and POMC are examples of Answer Selected Answer: a. victims rights organizations. Question 5 0 out of 1 points Restitution is Answer Selected Answer: d. Both B and C are correct. Question 6 0 out of 1 points The U. S. Supreme Court initially addressed the use of victim impact statements in the case of Answer Selected Answer: b. Payne v. Tennessee. Question 7 1 out of 1 points The modern concept of restitution in the criminal justice system serves a variety of purposes in the administration of justice. Answer Selected Answer: a. True Question 8 1 out of 1 points The use of victim impact statements is a controversial issue. Answer Selected Answer: a. True Question 9 0 out of 1 points Which U.S. President proposed a Victims' Rights Constitutional Amendment to the U.S. Constitution? Answer Selected Answer: d. George Bush Question 10 1 out of 1 points Victim Impact Statements provide victims of crimes and/or their families with an opportunity to address the sentencing authority regarding their views of what type of punishment should be imposed on the offender. Answer Selected Answer: a. True Question 11 1 out of 1 points When a writ of habeas corpus is granted, the individual is entitled a hearing on the legality of his or her confinement. Answer Selected Answer: b. True Question 12 0 out of 1 points Upon receipt of extradition papers the governor of the asylum state will review them to determine if the fugitive Answer Selected Answer: a. has committed a crime. Question 13 0 out of 1 points The primary purpose of the writ of habeas corpus is to Answer Selected Answer: c. appeal a conviction. Question 14 0 out of 1 points The Uniform Criminal Extradition Act makes it unnecessary to prove that the accused Answer Selected Answer: d. has committed a crime. Question 15 1 out of 1 points A governor is forced to abide by the request of another state to honor an extradition request. Answer Selected Answer: b. False Question 16 1 out of 1 points A writ is defined as a mandatory precept. Answer Selected Answer: a. True Question 17 1 out of 1 points Interstate extradition is also known as Answer Selected Answer: b. rendition. Question 18 1 out of 1 points The primary purpose of the writ of habeas corpus is prevent unfair searches. Answer Selected Answer: a. False Question 19 1 out of 1 points The state which is seeking the fugitive is generally referred to as the ________ state. Answer Selected Answer: b. demanding Question 20 1 out of 1 points Presently, the federal Unlawful Flight Statute applies only to a few major crimes. Answer Selected Answer: a. False Question 21 1 out of 1 points A consecutive sentence is one that must be served before the next sentence begins. Answer Selected Answer: b. True Question 22 1 out of 1 points A sentence to four years in the state correctional institution is a ________ sentence. Answer Selected Answer: a. definite Question 23 0 out of 1 points If an offender violates the terms of his or her probation, the offender Answer Selected Answer: b. must be sent to jail. Question 24 1 out of 1 points Imprisonment is the earliest form of punishment and the one most frequently used. Answer Selected Answer: a. False Question 25 1 out of 1 points In early England, imprisonment was not a form of punishment. Answer Selected Answer: a. True Question 26 1 out of 1 points Most offenders are sentenced to imprisonment. Answer Selected Answer: a. False Question 27 1 out of 1 points Under early Roman law, imprisonment as a form of punishment was an accepted sentence. Answer Selected Answer: a. False Question 28 1 out of 1 points The sentencing of a convicted offender is Answer Selected Answer: c. one of the most complex parts of the justice system. Question 29 0 out of 1 points The offender when convicted Answer Selected Answer: a. has a right to probation. Question 30 1 out of 1 points Retaliation during a ________ feud was often brutal and usually ended in the death of the offender. Answer Selected Answer: b. blood Question 31 1 out of 1 points A defendant may not appeal any case in which he or she pleaded guilty. Answer Selected Answer: a. False Question 32 0 out of 1 points A guilty plea is equal to a conviction; if a defendant enters a plea of guilty, the defendant Answer Selected Answer: b. may not appeal the plea under any circumstances. Question 33 1 out of 1 points A mistrial may be granted when any error is committed. Answer Selected Answer: b. False Question 34 1 out of 1 points A verdict of acquittal may never be appealed by the prosecution. Answer Selected Answer: a. False Question 35 1 out of 1 points Before a trial judge may declare a mistrial, he or she must conclude that there is Answer Selected Answer: a. a manifest necessity for such action. Question 36 0 out of 1 points If a mistrial is granted by the judge, it means that the Answer Selected Answer: b. defendant was absent for part of the trial. Question 37 1 out of 1 points The word "verdict" literally means Answer Selected Answer: a. a true declaration. Question 38 1 out of 1 points The verdict need not be announced in open court. Answer Selected Answer: b. False Question 39 0 out of 1 points Prejudicial error may be a statement or an act of misconduct which will Answer Selected Answer: d. cause the judge to be prejudiced against the defendant. Question 40 1 out of 1 points If the defendant is found not guilty, the next step in the proceedings is the sentencing. Answer Selected Answer: b. False