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Results for “Trial Rights Complete Criminal Procedure List”

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada,...

...an alley two blocks away minutes after the robbery. Jada appeared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no find...

During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no findings and did not consider alternatives, stating only, "This will be easier for the witness." Which stat...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by...

A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice a...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi wit...

A defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi witness and for making no strategic explanation for that failure. Which statement best describes the ordin...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

At a robbery trial, prosecutors offer a written police-station statement by a witness who has disappeared. The statem...

At a robbery trial, prosecutors offer a written police-station statement by a witness who has disappeared. The statement describes past events and identifies the defendant. The defendant never had a chance to cross-exami...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge w...

Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge warned the defendant about the charges, possible penalties, and risks of proceeding without counsel. The...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Lena was arrested and charged with felony embezzlement carrying a maximum sentence of three years. Her trial began 26...

...h felony embezzlement carrying a maximum sentence of three years. Her trial began 26 months later. The first four months were caused by Lena's request to replace counsel. The next 14 months resulted from repeated prosecu...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor...

...ier assaults and said Victor kept cocaine in a bedroom drawer. Before trial, the victim disappeared. Prosecutors have evidence that Victor sent messages saying, "If you testify, you will regret it," and arranged for a re...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The...

...n eyewitness who would testify that someone else threw the punch. The trial judge excludes the witness solely because the defense disclosed the witness one day late, without considering a continuance or other lesser reme...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

A defendant is charged with a misdemeanor punishable by up to one year in jail. The judge denies the defendant's requ...

...one year in jail. The judge denies the defendant's request for a jury trial, stating that misdemeanors are always tried to the court. Which statement is most accurate? The best answer applies the serious-offense threshol...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Duncan v. Louisiana, Blanton v. City of North Las Vegas

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

After a defendant was indicted and appointed counsel for robbery, police placed a paid informant in his cell. The inf...

...te-elicitation rule after attachment. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a...

Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a paid informant in Damon's jail cell. Officers told the informant not to ask direct questions but to...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | MULTIPLE_CHOICE Medium

Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until t...

...Amendment right to counsel attaches. NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County

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Question Criminal Law and Procedure | Right to Counsel and Trial Rights | ESSAY Hard

Rosa was charged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's fri...

...footage, or move to sever the representation from Eli's case. Before trial, prosecutors offered Rosa a plea to misdemeanor assault with probation. The lawyer told Rosa, incorrectly, that accepting any plea would automat...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A shooting victim briefly saw the shooter's face under a streetlight before being wounded. At the hospital, doctors t...

...m but admitted that the hospital showup was what made him certain. At trial, prosecutors want to introduce both pretrial identifications and an in-court identification. Ballistics evidence also links Sam's gun to the sho...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Stovall v. Denno, Neil v. Biggers, Manson v. Brathwaite, United States v. Wade

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

Jon was charged with extortion after the victim received a late-night phone call demanding money. The caller repeated...

...identified Jon and said the phrase made her "100 percent certain." At trial, prosecutors also want Jon to repeat the phrase in court for the jury. Jon moves to suppress the voice-lineup identification and objects to bein...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, U.S. Const. amend. VI, United States v. Wade, United States v. Dionisio, Neil v. Biggers, Manson v. Brathwaite

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

After receiving and waiving Miranda rights, a suspect answered questions for several minutes. He then said, "Maybe I...

After receiving and waiving Miranda rights, a suspect answered questions for several minutes. He then said, "Maybe I should talk to a lawyer." The detective continued questioning, and the suspect confessed. Which stateme...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Davis v. United States, Miranda v. Arizona

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Question Criminal Law and Procedure | Confessions and Miranda | MULTIPLE_CHOICE Medium

A suspect was jailed while awaiting trial on a burglary charge. Police placed an undercover informant in the suspect'...

A suspect was jailed while awaiting trial on a burglary charge. Police placed an undercover informant in the suspect's cell. The informant pretended to be another inmate and asked, "How did you get into the house?" The s...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. V, Illinois v. Perkins, Miranda v. Arizona

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Question Civil Procedure | Appeals | MULTIPLE_CHOICE Medium

After final judgment in a federal civil case, the losing party timely filed a Rule 59 motion for a new trial. Before...

...civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statement is most accurate? The appeal cl...

Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59

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Question Civil Procedure | Appeals | MULTIPLE_CHOICE Medium

At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defen...

At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defendant did not object on the record after the instructions were settled. The jury returned a verdict for...

Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103

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Question Criminal Law and Procedure | Identification and Lineups | ESSAY Hard

A jewelry-store customer saw a thief grab a bracelet and run through a mall. Mall security, acting on its own before...

...er again said yes. Police did not conduct a lineup or photo array. At trial, prosecutors plan to introduce the security-office identification, the officer's confirmation identification, and the customer's in-court identi...

Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. XIV, Perry v. New Hampshire, Neil v. Biggers, Manson v. Brathwaite

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