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Worksheets5th+Testimonial
Total questions: 45
Worksheet time: 23mins
Name
Class
Date
1.
According to the facts in Padgett vs Commonwealth, Padgett saw his son….
a)
run across the street towards him and nearly get hit by a car
b)
in court, and it made him cry
c)
running across his lawn playing
d)
playing with a firecracker, nearly getting hurt
2.
According to the facts in Padgett vs Commonwealth, Padgett decided to show his ex-wife that her supervision …
a)
was unacceptable, so he grabbed an SKS rifle and entered a laundromat to find her
b)
was unacceptable, so he called his lawyer to sue her
c)
was getting better, so he called her to tell her
d)
was getting better, so he called his son to talk to him about it
3.
According to the facts in Padgett vs Commonwealth, witnesses testified that Padgett pointed his rifle at …
a)
his ex-wife as she ran down the street
b)
the ground and said he was only kidding
c)
the ground and said he was only trying to protect his ex-wife
d)
the suspect who was running away from the scene
4.
1. According to the facts in Padgett vs Commonwealth, when Padgett saw his son nearly get hurt for the second time, he …
a)
got so upset that he could not feel the ground beneath his feet
b)
got very upset, but then began using special breathing techniques to cool down
c)
got somewhat sad, and told P.J. he was taking his mom to court to request full custody
d)
got very upset, but then cooled off when he was able to speak with his ex-wife about it
5.
1. According to the facts in the Padgett vs Commonwealth case, Padgett asked the Judge to add a jury instruction about...
a)
his extreme emotional disturbance
b)
the great pain he suffered when his wife left him
c)
his regrets and the pain he suffered
d)
his wife’s attacks on him
6.
1. According to the facts in the Padgett vs Commonwealth case, Padgett asked the Judge to...
a)
add a jury instruction about a defense
b)
add a jury instruction about a lower charge
c)
remove a jury instruction about a charge
d)
remove a jury instruction about an incorrect defense
7.
1. According to the facts in the Padgett vs Commonwealth case, the judge refused to add his requested jury instruction because…
a)
no evidence was presented to prove Padgett experienced an extreme emotional disturbance
b)
evidence proved Padgett experienced an extreme emotional disturbance
c)
evidence proved Padgett suffered great pain when his wife left him
d)
no evidence proved Padgett regretted his actions and suffered now because of them
8.
-According to the facts in the Padgett vs Commonwealth case, the Judge told Padgett he could testify to support the requested jury instruction -After considering the Judge’s offer, Padgett decided to…
a)
refuse to testify based on the 5th amendment
b)
testify based on the 5th amendment
c)
testify so he could support his jury instruction
d)
refuse to testify because the Judge intimidated him
9.
1. According to the facts in the Padgett vs Commonwealth case, Padgett claimed the judge’s refusal to include the jury instruction forced him to…
a)
choose between testifying or losing the case
b)
choose between lying or telling the truth
c)
lie at the expense of his integrity
d)
tell the truth at the expense of his case
10.
1. In the Padgett vs Commonwealth case, the appellant claimed the judge violated his rights by...
a)
refusing to include a jury instruction if Padgett didn’t testify
b)
including a jury instruction if Padgett didn’t testify
c)
instructing the jury with incorrect sentence lengths
d)
instructing the jury with incorrect charges
11.
-In the Padgett vs Commonwealth case, the Greene v. Commonwealth precedent was relevant -This precedent states that an extreme emotional disturbance instruction must be supported by...
a)
definite, non-speculative evidence of a triggering event
b)
speculative evidence of a triggering event
c)
indefinite evidence of a triggering event
d)
provable evidence and assertions of a triggering event
12.
-In the Padgett vs Commonwealth case, the Greene v. Commonwealth precedent was relevant -This precedent states that an extreme emotional disturbance instruction must be supported by proof that the defendant had a temporary state of mind…
a)
so enraged as to overcome one's judgment
b)
so enraged as to cause them great bitterness and anger
c)
so emotional that they begin to cry or weep for a minimum of 1 hour
d)
so emotional that they have physical signs such as red skin tone, raised heartbeat, and shortness of breath
13.
-In the Padgett vs Commonwealth case, the Hilbert v. Commonwealth precedent was relevant -This precedent states that if a defendant refused to testify to support a self-protection instruction, it...
a)
did NOT violated the defendant’s 5th amendment rights because not testifying was the defendant’s choice
b)
violated the defendant’s 5th amendment rights because they are basically forcing the defendant to testify or lose
c)
violated the defendant’s 5th amendment rights because they forced the defendant to make a plea deal or lose the case
d)
created a situation that can only be remedied with a mistrial
14.
1. According to the court’s ruling in Padgett vs Commonwealth, Padgett’s 5th amendment right to protection from self-incrimination was...
a)
not violated because the judge did not require Padgett to testify or not testify
b)
not violated because Padgett did not plead the 5th
c)
violated because the Judge did allow Padgett to testify
d)
violated because the Judge forced the defendant to testify or lose
15.
1. According to the court’s ruling in Padgett vs Commonwealth, Padgett’s rights were…
a)
not violated because he made the strategic choice to NOT testify
b)
not violated because he made the strategic choice to testify
c)
violated because he was prevented from testifying
d)
violated because he was threatened/coerced into not testifying
16.
1. According to the facts in the Ryan Jones vs Commonwealth case, the judge …
a)
probated a 7 year sentence to 5 years of probation
b)
refused to probate sentence because of the severity of the charge
c)
refused to probate sentence because Jones was a flight risk
d)
refused to probate sentence because Jones stated that he would likely commit another crime
17.
1. According to the facts in the Ryan Jones vs Commonwealth case, during Jone’s...
a)
probation, Jones was charged with possession of a controlled substance
b)
incarceration, Jones was arrested for possession of a controlled substance in a penal institution
c)
incarceration, Jones was not arrested for any violations so his prison term ended on the expected date
d)
probation, Jones was charged with possession of a controlled substance Jones was not arrested for any violations so his probation term ended on the expected date
18.
1. According to the facts in the Ryan Jones vs Commonwealth case, Jones’s probation officer submitted a report requesting …
a)
a bench warrant for Jones's arrest and a revocation hearing
b)
Jones’s release for good behavior
c)
that Jones be released from prison and granted probation
d)
further details about why Jones’s probation was not ending
19.
1. According to the facts in the Ryan Jones vs Commonwealth case, Jones asked the Judge if he could testify, but plead the 5th in order to...
a)
prevent his testimony from being used against him in a future case
b)
completely refuse to testify at the revocation hearing
c)
re-use his testimony in a future case
d)
use his testimony to help him in the upcoming meeting with his probation officer
20.
1. According to the facts in the Ryan Jones vs Commonwealth case, the judge said that pleading the 5th would…
a)
not prevent Jones’s testimony from being used at a future trial
b)
cause Jones to lose the revocation hearing
c)
cause Jones to lose his future trial
d)
cause Jones to lose his probation
21.
1. According to the facts in the Ryan Jones vs Commonwealth case, at Jones’s revocation hearing, Jones decided…
a)
to plead the 5th because he believed his testimony would be used in a future trial
b)
not to plead the 5th because he believed his testimony would be used in a future trial
c)
to waive his revocation hearing because he believed he would lose his probation anyway
d)
to testify because he believed he should not have his probation revoked
22.
1. In the Ryan Jones vs Commonwealth case, the appellant claimed a probationer’s revocation hearing testimony can...
a)
NOT be used against them in a future trial if they plead the 5th amendment
b)
be used against them in a future trial if they plead the 5th amendment
c)
be used against them in a future trial if they do not plead the 5th amendment
d)
NOT be used against them in a future trial if they do not plead the 5th amendment
23.
1. In the Ryan Jones vs Commonwealth case, the term “liberty interest” is used. This term refers to someone’s...
a)
freedom to travel, buy/sell items, and have privacy
b)
right to retain their citizenship in the USA
c)
right to be free from the rule of governments outside the United States
d)
freedom that that is restricted by the constitution
24.
1. In the Ryan Jones vs Commonwealth case, the term “conditional liberty interest” is used. This term refers to...
a)
freedom that that is restricted by certain conditions
b)
someone’s right to retain their citizenship in the USA
c)
someone’s right to be free from the rule of governments outside the United States
d)
someone’s freedom to travel, buy/sell items, have privacy, and more
25.
1. According to the vocabulary in the Ryan Jones vs Commonwealth case, a probationer has...
a)
a conditional liberty interest
b)
a full liberty interest
c)
no liberty interest
d)
an unrestricted liberty interest
26.
-In the Ryan Jones vs Commonwealth case, the Morrissey v. Brewer precedent was relevant -This precedent states that...
a)
only a conditional liberty interest is at stake during revocation hearings
b)
only a liberty interest is at stake during revocation hearings
c)
only a conditional liberty interest is at stake during revocation hearings and criminal trials
d)
only a conditional liberty interest is at stake during criminal trials
27.
-In the Ryan Jones vs Commonwealth case, the Morrissey v. Brewer precedent was relevant -This precedent states that suspects in revocation hearings receive...
a)
less trial rights than suspects in criminal trials
b)
more trial rights than suspects in criminal trials
c)
no trial rights because revocation hearings are not trials
d)
the right to the 5th amendment, because the difference is not significant
28.
-In the Ryan Jones vs Commonwealth case, the Morrissey v. Brewer precedent was relevant -This precedent states that the 5th amendment right to protection from self-incrimination...
a)
does NOT apply during revocation hearings
b)
applies during revocation hearings
c)
will always apply because a revocation hearing is like a trial
d)
is the most important right during a revocation hearing
29.
-In the Ryan Jones vs Commonwealth case, the Gamble v. Commonwealth precedent was relevant -This precedent states that a probationer can invoke the 5th Amendment in a revocation hearing in order to prevent their testimony from being used against them in...
a)
a future criminal trial
b)
the revocation hearing and a future criminal trial
c)
the revocation hearing, a future criminal trial, and a future civil trial
d)
the revocation hearing and a future civil trial
30.
-In the Ryan Jones vs Commonwealth case, the Gamble v. Commonwealth precedent was relevant -This precedent states that if a probationer invokes the 5th Amendment in a revocation hearing, the probationer...
a)
still must testify in the hearing
b)
will automatically have their obation revoked because they are refusing to cooperate with an investigation
c)
will always apply because a revocation hearing is like a trial
d)
is the most important right during a revocation hearing
31.
1. According to the court’s ruling in Ryan Jones vs Commonwealth, probationers cannot invoke the 5th amendment…
a)
in order to completely refuse to testify at a revocation hearing
b)
at a revocation hearing
c)
c. at a criminal trial if the suspect was in probation during their arrest
d)
at a criminal trial if the suspect lost a revocation hearing before the trial
32.
1. According to the court’s ruling in Ryan Jones vs Commonwealth, a probationer can invoke the 5th amendment to prevent their testimony from being used against them in...
a)
a future trial about the same events that the revocation is based on
b)
a revocation hearing and a future criminal trial
c)
c. a revocation hearing, a future criminal trial, and a future civil trial
d)
a revocation hearing and a future civil trial
33.
1. According to the court’s ruling in Ryan Jones vs Commonwealth, Jones’s rights were violated because the judge did not allow Jones to testify...
a)
without his statements being used against him in a future case
b)
at the revocation hearing
c)
. after he pled the 5th amendment
d)
. in his future criminal tr
34.
1. According to the facts in the Blincoe vs Commonwealth case, Linzy Harris...
a)
witnessed the shooting
b)
worked with Blincoe
c)
helped Blincoe commit the murder
d)
was shot by Blincoe
35.
1. According to the facts in the Blincoe vs Commonwealth case, Linzy Harris...
a)
pled the 5th amendment and refused to testify against Blincoe
b)
refused to plead the 5th amendment and testified against Blincoe
c)
refused to plead the 5th amendment, but did not testify against Blincoe
d)
refused to plead the 5th amendment and testified on behalf of Blincoe’s defense
36.
1. According to the facts in the Blincoe vs Commonwealth case, the Commonwealth offered Lindzy Harris...
a)
. use immunity, but Harris refused to take the offer
b)
use immunity, so Harris took the offer
c)
a plea deal, so Harris took the offer
d)
a plea deal, but Harris refused to take the offer
37.
1. According to the facts in the Blincoe vs Commonwealth case, the Commonwealth told Harris she could not refuse to testify because they offered her …
a)
immunity that would prevent them from prosecuting her
b)
. a plea deal that would give her a reasonable sentence
c)
. immunity that would prevent them from using the evidence against Blincoe
d)
. immunity that would prevent them from releasing her identity
38.
1. According to the facts in the Blincoe vs Commonwealth case, the Judge told the Commonwealth that their unilateral promise to Harris was...
a)
not enough to force her to testify
b)
. enough to force her to testify in this trial only
c)
. binding on Harris
d)
. binding on the court
39.
1. In the Blincoe vs Commonwealth case, the appellant claimed a witness is… *Note - The Commonwealth is the appellant in this case
a)
required to testify if the Commonwealth unilaterally offers the witness immunity
b)
. NOT required to testify if the Commonwealth unilaterally offers the witness immunity
c)
required to testify if the Commonwealth bilaterally offers the witness immunity
d)
NOT required to testify if the Commonwealth bilaterally offers the witness immunity
40.
-In the Blincoe vs Commonwealth case, the Cash v. Commonwealth precedent was relevant -This precedent states that the prosecution may enter into an immunity agreement with a witness so the witness can testify at a trial…
a)
without the testimony being used against the witness
b)
without the testimony being used against the defendant
c)
with the guarantee of a reasonable sentence
d)
. with the guarantee that their identity would not be released to the public
41.
-In the Blincoe vs Commonwealth case, the Boulton v. Commonwealth precedent was relevant -This precedent states that an immunity agreement provides immunity from charges in…
a)
both state and federal court
b)
. state court
c)
. federal court
d)
. state court, federal court, and international courts
42.
1. “Use immunity” prevents a citizen from...
a)
. having their testimony used against them, but they can still be charged with a crime based on other evidence
b)
. having their testimony used against their friend or family member
c)
. ever being charged with a crime related to their testimony
d)
being charged within the next year ith a crime related to their testimony
43.
“Transactional immunity” prevents a citizen from...
a)
ever being charged with a crime related to their testimony
b)
having their testimony used against their friend or family member
c)
c. having their testimony used against them, but they can still be charged with a crime based on other evidence
d)
being charged within the next year with a crime related to their testimony
44.
According to the court’s ruling in Blincoe vs Commonwealth, the unilateral immunity agreement from the prosecution is …
a)
not binding on Harris
b)
binding on Harris
c)
binding on the court
d)
enough to force her to testify in this trial only
45.
According to the court’s ruling in Blincoe vs Commonwealth, the immunity offer was not accepted, therefore …
a)
the witness retained their power to invoke the 5th amendment
b)
the witness chose not to invoke the 5th amendment
c)
the witness lost their power to invoke the 5th amendment
d)
the witness would be charged for a crime if they tried to invoke the 5th amendment again
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