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WorksheetsCrim Pro2 Review Q's
Total questions: 39
Worksheet time: 35mins
Does the D have a constitutional right to present evid and testify before a GJ?
Yes
No
Answer to #1
1 year
2 years
3 years
Answer to #2 (4 words)
(a)
Does the D have a constitutional right to have his lawyer present at the GJ
Yes
No
If the GJ returns an indictment, can the government still refuse to prosecute the accused on said indictment
Yes
No
A federal D can be detained pretrial. In order to do so, the U.S. magistrate Judge must make what finding or findings?
What is the evidentiary standard the Magistrate judge must apply to his or her finding or findings
probable cause
preponderance of the evidence
beyond a reasonable doubt
clear and convincing evidence
Al and Amy are arrested and charged with armed bank robbery of the Wells Fargo Bank. The police interrogated both, but Al asserted his 5th Amendment right and requested to speak to his lawyer. Amy on the other hand gave a full and complete vidio taped confession implicating her and Al in the bank robbery. At a joint trial, the government attempts to introduce Amy's confession and play the video in its entirety for the jury. Al's defense counsel should:
Object on the grounds of Crawford v. Washington
Move for a mistrial
Object on the grounds of Bruton v. U.S.
Call Amy as an adverse W to attack her credibility by exposing that she had a motive to lie and shift blame
Can the prosecution enforce the terms of a plea bargain against a D
Yes
No
Does the due process clause of the 5th & 14th Amendments require the prosecution to preserve evidentiary material that might be useful to the accused?
Yes, b/c the material might be exculpatory and discoverable under Brady v. Maryland and its progenies
No, absent bad faith on the part of the prosecution or any of its agents
The D moved to dismiss an otherwise valid indictment b/c the Government failed to disclose to the GJ "substantial exculpatory evid" it had in its possession at the time. The trial Court should:
Grant the motion
Deny the motion
In a claim of selective prosecution based upon race, the claimant must show what?
Apart of a class
Similarly situated individuals were treated differently
there was ineffective assistance of counsel
there was clear and convincing evid
In order to be entitled to discovery in such a selective prosecution claim, the claimant must make what type of showing?
creditable showing of facts
proof beyond a reasonable doubt
clear and convincing evid
probable cause
A claim of selective prosecution or vindictive prosecution is a defense on the merits of the underlying criminal charge?
Yes
No
Will the trial court exercise supervisory power over the GJ to determine whether the evidence was adequate to support the indictment
Yes
No
In a joint trial, mutually antagonistic defenses are prejudicial per se and require a severance of the D's
True
False
Persons designated "material witnesses" under 18 U.S.C. Sec. 3144 may be detained pretrial
Yes, under all circumstances
Yes, but only if the W does not have the ability to comply with any condition of the release
No, pretrial detention would violate the 8th Amendment
No, if the testimony of the W can adequately be secured by deposition
The 8th Amendment guarantees the accused the right of bail in all cases, except capital cases
True
False
Persons, who due to "mental abnormality" or a "personality disorder" and who are likely to engage in predatory acts of sexual violence, may be detained beyond the term of their prison sentence
Yes, b/c such a detention would b e considered a "civil committment"
No, b/c such detention would violate the 8th and 14th Amendments
A D would be entitled to have his conviction overturned and to be granted a new trial under Brady/Giglio/Bagley/Kyles for the prosecution failing to disclose material evid that is exculpatory. The standard for determining materiality is:
a sufficiency of the evid test
the outcome of the trial would have been different had the evid been disclosed to the D
the D should be granted a new trial only if the prosecution acted in bad faith in withholding the evid
there is a reasonable probability that the outcome of the trial would have been different had the evid been disclosed
Does the material W statute apply to the GJ proceedings?
Yes
No
The D entered into a plea agreement with the government pursuant to Rule 11(c)(1)(B) wherein the Government agreed to recommend a sentence at the low end of the US sentencing guidelines. At sentencing, the Court did not follow the government's recommendation and sentenced the D at the high end of the guidelines. The D then filed a motion to withdraw his guilty plea, arguing that he did not receive the benefit of his bargain and that he relied on the plea agreement in the pleading guilty. The D motion most likly will be:
Granted
Denied
Under North Carolina v. Alford, SCOTUS has held that the constitution allows a D:
to make a discovery request demanding disclosure of impeachment type evid on both prosecution W's and potential D W's
to sever his trial from the co-D's b/c of irreconcilable defenses
to keep the prosecution from using the co-D's confession against him at trial
to plead guilty to a criminal offense b/c he believes it to be in his best interest even though he protests his innocence
When the D enters a guilty plea based upon the advice of his counsel, can the lawyer's advice be the subject of a constitutional claim of ineffective assistance of counsel under Strickland v. Washington
Yes
No
What is the remedy for a violation of the Federal Speedy Trial Act?
dismissal with prejudice
dismissal without prejudice
new trial
reversal
What are the criteria set forth in Barker v. Wingo for determining whether the accused has been deprived of his right to a speedy trial?
length of the delay
reason for the delay
D’s assertion of his right to a speedy trial
was the D prejudiced
What is necessary for the D to voluntarily enter a guilty plea to a criminal charge
Knowingly, intelligently, voluntarily consent to the waiver to the constitutional rights in open court
must be a colloquy b/w the court
the D on the record
Under Rule 26.2 is the government required to disclose to the defense a W's pretrial statements after the W testifies on the direct examination
Yes
No
The U.S. Supreme Court has held that requiring the accused to provide written pretrial notice of an alibi defense violated the accused's rights under the 5th and 14th Amendments
True
False
Does the AL Rules of Criminal Procedure have a similar disclosure requirement for the Jencks Act?
yes
no
Under the rules of discovery, the D has certain reciprocal disclosure obligations
True
False
When co-D's, who have mutually antagonistic or irreconcilable defenses are joined for trial under Rule 8 FRCrP and the trial court should grant a severance pursuant to Rule 14 under which of the following circumstances
there is a serious risk that the joint trial would compromise a specific trial right of one of the D's
one of the D's plans to testify during the trial
there is a serious risk that the joint trial would prevent the jury from making a reliable judgment about guilt or innocence
the D's are pointing the fienger at each other forcing the jury to convict at least one of the D's
Indictments can be amended to correct obvious errors or to delete surplusage from the indictment. The government can also substantively amend an indictment as long as the accused is given proper notice and a reasonable time in which to prepare a defense
True
False
Prosecutorial discretion is broad. However, the decision to prosecute may not be deliberately based upon an unjustifiable standard such as race, religion, or other arbitrary classification, including the exercise of protected statutory and constitutional rights. The D who is seeking a selective prosecution claim to be successful, must show
the his prosecution has discriminatory effect
that his prosecution is based on race or religion
that his prosecution was motivated by discriminatory purpose
none of the above
Can a D successfully challenge an indictment based upon violations of the GJ process
Yes but only if he can show that he was prejudiced by th emisconduct
No
What SCOTUS case set forth the D to voluntarily enter a guilty plea to a criminal charge requirements be met before a court can accept a D's guilty plea
Padilla v. KY
Santobello v. NY
Boykin v. AL
Powell v. AL
Under the Interstate Agreement on Detainer Act, once the request is made and received, the time limit for a D's transfer from 1 jurisdiction to another to commence trial is
90 days
120 days
180 days
1 year
Who was Sheppard's famous lawyer in Sheppard v. Maxwell?
(a)
Who played Sheppard in the Fugitive 1960's tv show?
Sheppard v. Maxwell
(a)
