Criminal Court Proceedings

QUIZ

Criminal Court Proceedings

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QUESTION 1/6

Settling on jury instructions means ...

The jury gives instructions to the judge about the sentence.

The judge and prosecutors determine a set of instructions for the jury

The judge gives instructions to the jury about sentencing.

CORRECT!

The prosecution and defense get together with the judge and determine a final set of instructions that the judge will give the jury.

QUESTION 2/6

Who has the right to choose a jury trial?

The judge

The defense

The state

Correct!

The defense often has the right to decide whether a case will be tried by a judge or jury, but in some jurisdictions, both the prosecution and the defense have the right to demand a jury trial. Juries typically consist of 12 people, but some states allow for juries as small as six members.

question 3/6

Who is in charge of passing sentence?

The judge together with the jury.

Only the jury

Only the judge

CORRECT!

Assuming a conviction (a verdict of "guilty"), the judge either sentences the defendant on the spot or sets sentencing for another day.

QUESTION 4/6

Opening statements are made by...

Prosecution and Defense

The Judge

Only the defense

CORRECT!

The prosecution and then the defense make opening statements to the judge or jury. These statements provide an outline of the case that each side expects to prove. Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver

QUESTION 5/6

During jury deliberations, how many jurors need to agree on the verdict?

12 out of 12

7 out of 12

10 out of 12

CORRECT!

The jury deliberates and tries to reach a verdict. Juries must be unanimous. If less than the requisite number of jurors agrees on a verdict, the jury is "hung" and the case may be retried.

QUESTION 6/6

How is the jury selected?

By the defense and prosecution

By the prosecution

By the defense

CORRECT!

If the trial will be held before a jury, the defense and prosecution select the jury through a question-and-answer process called "voir dire." In federal courts and many state courts, the judge carries out this process using questions suggested by the attorneys, as well as questions that the judge comes up with on his or her own.

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