Chapter 10 - Criminal Procedure - Concepts

Question 1

Criminal procedure consists of the processes by which crimes are (1), (2), and (3).

Answer 1

1. investigated
2. prosecuted
3. punished

Question 2

5 things that set requirements for criminal procedure

Answer 2

1. federal constitutions
2. state const.
3. federal statutes
4. state statutes
5. court rules of criminal procedure

Question 3

Most search/seizure requires a (1), and all require a standard of reasonableness–set out by (2), and the less strict standard of (3) for limited searches such as pat downs.

Answer 3

1. warrant
2. probable cause
3. reasonable suspicion

Question 4

In 1949 the search and seizure protection was (1) in states via the (2) of the 14th Amendment. While the 4th Amendment sets a minimum standard, many (3) provide greater levels of protection.

Answer 4

1. incorporated
2. Due Process Clause
3. state courts

Question 5

3 exceptions to unreasonable search and seizure limitations

Answer 5

1. private individuals (unless acting under direction of police)
2. US agents outside US territory
3. border searches

Question 6

4 things protected under unreasonable search and seizure

Answer 6

1. person (person and clothes)
2. house (houses, offices, stores)
3. papers
4. effects (property)

Question 7

An exception to protections on property/house search is (1).

Answer 7

1. abandoned premises/property (including trash)

Question 8

Police are not required to inform suspects of their right to refuse to (1), including whether motorists are (2) before allowing a search. Consent must be (3) and not coerced. A (4) cannot consent to search of a lessee’s dwelling, and neither can a (5). Only one (6) is needed to prevent search of common areas.

Answer 8

1. consent to a search
2. “free to go”
3. truly voluntary
4. landlord
5. roommate

Question 9

Seizure refers to taking into custody (1), (2) or a (3). But what constitutes a (4) is less clear.

Answer 9

1. physical evidence
2. property
3. person
4. search

Question 10

Originally (1) and (2) were immune to unreasonable search, but in (3), which involved a suspected bookie using a wiretapped phone booth, the new standard was that an intrusion occurs if it violates a (4).

Answer 10

1. wiretapping
2. electronic eavesdropping
3. Katz v. United States
4. reasonable expectation of privacy

Question 11

In (1), the SC ruled that surveillance evidence obtained GPS placed on a car parked on private property was inadmissible as evidence, in part because of the (2) standard.

Answer 11

1. United States v. Jones

2. reasonable expectation of privacy

Question 12

5 cases where expectations of privacy are considered diminished

Answer 12

1. prison inmates (strip searches, sweeps)
2. parolees (routine person searches)
3. electronic communication in the workplace
4. most “safety-sensitive” government jobs (drug testing of railway operators)
5. airline travel

Question 13

Case in which two officers sending sexually explicit texts over company phones were not protected by SC ruling (diminished expectation of privacy)

Answer 13

1. City of Ontario v. Quon

Question 14

The SC has upheld brief, warrantless search of passenger compartments at (1), but this does not extend to (2), like drug possession.

Answer 14

1. sobriety checkpoints

2. ordinary lawbreaking

Question 15

The requirement of a warrant allows interposition of a (1) between citizens and state. Probable cause requires (2) police officers to have (3) leading them to believe that (4) may be obtained through a specific search. The SC has said the courts should view probably cause in light of (5) of a given case.

Answer 15

1. judges/magistrates
2. prudent
3. trustworthy
4. evidence of a crime
5. totality of circumstances

Question 16

In requesting issuance of a search warrant, a police office usually submits an (1) that contains a description of the (2) or (3) to be searched and the things to be seized, and must be specific as to the (4). The information must also be (5).

Answer 16

1. affidavit
2. place
3. person
   4, facts of probably cause
4. fresh

Question 17

A magistrate’s finding of probable cause may be based on (1). This permits obtaining tips from (2). Recently, the rules on (3) were relaxed by the Supreme Court, though some states still apply more rigorous standards.`

Answer 17

1. hearsay evidence
2. confidential informants
3. anonymous tips

Question 18

8 exigent circumstances in which warrantless searches may be exercised because of presumed probable cause

Answer 18

1. Evidence in plain view (such as airplane surveillance, but not infrared)
2. emergency searches (bombs, etc.)
3. preservation of evidence (in case of evanescent evidence–has extended to intoxicated blood sample)
4. Roadside searches of motor vehicles previously pulled over on reasonable suspicion of crime (if smell of drugs emitting, etc.)
5. Canine searches (drug-sniffing dogs)
6. Search incident to lawful arrest (person and area within person’s control)
7. Hot pursuit (fleeing = probable cause)
8. Inventory searches (eg, impounded vehicles)

Question 19

3 standards to apply to “plain view” doctrine

Answer 19

1. officer has a legal justification to be in constitutionally-protected area
2. evidence seized is in plain view of the officer
3. it is apparent the object is evidence of a crime

Question 20

3 situations in which search rights are held to a lesser standard of “reasonable suspicion” instead of “probable cause”

Answer 20

1. Stop-and-frisk
2. School searches
3. Drug testing (public employees, public school athletes)

Question 21

The (1) prohibits use of illegally obtained evidence in criminal prosecution. This was upheld in (2), in which cops found sexually explicit material while searching for a bombing suspect. When the exclusionary rule came under attack, the (3) was added that still accepted evidence even if the warrant was later held to be invalid.

Answer 21

1. exclusionary rule
2. Mapp v. Ohio
3. good-faith exception

Question 22

An (1) is routine in cases where an arrest is to be made based on an indictment by a grand jury. When a prosecutor files an (2), a (3) is issued by the court directing arrest.

Answer 22

1. arrest warrant
2. information
3. capias

Question 23

2 cases in which warrantless arrests are approved by SC

Answer 23

1. crime committed in plain view of officer

2. probably cause to make arrest + exigent circumstances

Question 24

Force used by police in making arrests is often challenged in (1). The courts have said police officers may use such force as is (2) and to (3). A famous case was (4), in which the initial acquittal of the officers sparked riots.

Answer 24

1. civil cases
2. necessary to effect the arrest
3. prevent escape of the suspect
4. Rodney King beatings

Question 25

Another term for stop-and-frisk is (1). In (2), the SC upheld that police may stop and pat down people if they have reasonable suspicion of criminal activity.

Answer 25

1. investigatory detention

2. Terry v. Ohio

Question 26

The Supreme Court has upheld the controversial use of (1) to detain suspected drug couriers as valid with consideration of the totality if circumstances.

Answer 26

1. drug courier profiles

Question 27

Many states have taken steps to curtailing the use of (1) as a primary factor in traffic stops. In (2) SB1070 was brought under question when a federal appeals court issued an injunction to bar the its provisions, but the SC upheld it pending a trial by district court.

Answer 27

1. race

2. Arizona v. United States

Question 28

In (1) the SC held that before interrogating suspects in custody, police must warn them of their right to remain silent. This came under fire when a (2) was invoked in the (3) basing admissibility of confession on whether it is voluntary. The SC disagreed that (4) could legislate against what had become a (5).

Answer 28

1. Miranda v. Arizona
2. federal statute
3. US Court of Appeals
4. Congress
5. constitutional right

Question 29

In (1), the Court clarified the meaning of Miranda rights to extend only to those who specifically invoke them, rather than simply remaining silent. In (2) it was ruled that if a suspect asks for an attorney, the interrogation must cease.

Answer 29

1. Berghuis v, Thompkins

2. Maryland v. Shatzer

Question 30

In the (1) evidence derived from inadmissible evidence is likewise inadmissible. In other words, the (2) is tainted. Even among a tainted case, however, the (3) holds that lawfully obtained information can exempt a piece of evidence from the poisonous tree.

Answer 30

1. fruit of the poisonous tree doctrine
2. derivative evidence
3. independent source doctrine

Question 31

Two exceptions to the Miranda rule

Answer 31

1. public safety exceptions (incriminating statement made alongside location of weapons, etc.) (set out in New York v. Quarles)
2. “spontaneous declarations” before reasonable time to read rights

Question 32

A suspect has a right to (1) at line-ups and they should not be (2). Physical identifying evidence is not subject to the 5th Amendment rule against self-incrimination, but (3) and (4) may apply.

Answer 32

1. counsel
2. unnecessarily suggestive
3. due process rights
4. warrant rules

Question 33

The right to counsel is a (1) right. In (2) it was applied to states too via the Due Process Clause of the 14th Amendment.

Answer 33

1. 6th Amendment

2. Gideon v. Wainwright

Question 34

The Gideon case also established that the 14th Amendment requires states to (1) in all felony cases. This at first applied only to (2) but was later extended to (3). Some states have established successful public defender offices; others rely on (4).

Answer 34

1. provide counsel to indigent defendants
2. felonies
3. misdemeanors
4. ad hoc appointments

Question 35

A defendant who chooses to represent herself does not have to demonstrate (1), but a trial court must hold a hearing to determined that (2). A defendant does not have a right to (3) from a trial judge, and sometimes (4) will be appointed by judges.

Answer 35

1. knowledge of law
2. the right has been exercised intelligently
3. receive personal instruction
4. standby counsel

Question 36

Minor misdemeanors are often disposed by (1), in which the accused is summoned to court, issued a (2), and can waive court appearance by (3). If found guilty in court, they usually (4).

Answer 36

1. summary justice
2. citation
3. paying a fine
4. pay a fine

Question 37

People placed under arrest must promptly be taken before a judge or magistrate; this (1) is usually 24-48 hours within arrest.

Answer 37

1. initial appearance

Question 38

3 functions of the initial appearance

Answer 38

1. charges read so accused is formally notified
2. accused is informed of relevant constitutional rights (silent, counsel)
3. determination made of whether accused should be released pending trial or remain in custody

Question 39

(1), or bail, is usually granted by statutes or court rules. The court considers things related to the defendant’s (2) as well as the (3) and (4) of current charges. (5) also increasingly helps a judge decide whether to allow pretrial release.

Answer 39

1. pretrial release
2. character
3. nature
4. scope
5. drug testing

Question 40

With regard to excessive bail, the amount necessary should be what is required to (1), not to (2). However, the Excessive Bail Clause of the (3) has bot been held enforceable against (4). There is no definite constitutional right to bail, and often dangerous arrestees are held in (5)

Answer 40

1. ensure the appearance of the accused in court
2. inflict punishment
3. 8th Amendment
4. states
5. pretrial detention

Question 41

3 decisions a prosecutor might make

Answer 41

1. proceed with criminal charges as set forth in the complaint
2. drop the case
3. proceed on lesser charges

Question 42

Prosecutorial discretion facilitates the widespread yet controversial practice of (1). There are limitations on (2), meaning prosecutors may not single out for prosecution defendants based on race, religion, etc.

Answer 42

1, plea bargaining

2. selective prosecution

Question 43

A (1), in which a judge decides whether to hold a suspect over for grand jury, is necessary to determine sufficiency of a (2), where an arrest is made without a warrant. The PH is the inquiry into (3), a screening device for (4), and a chance for the defense counsel to (5) the prosecutor’s case.

Answer 43

1. preliminary hearing
2. information
3. probable cause
4. prosecutors
5. discover

Question 44

In addition to the PH, many jurisdictions require prosecutors obtain an (1), or (2), from the grand jury in order to proceed. Some states use a grand jury primarily in an (3) or (4) capacity. Grand jury hearings are closed and only a (5) is needed to hand down an indictment.

Answer 44

1. indictment
2. true bill
3. investigatory
4. supervisory
5. majority vote

Question 45

4 powers of grand juries

Answer 45

1. compel appearance of witnesses
2. subpoena documents
3. hold individuals in contempt
4. grant immunity in exchange for testimony

Question 46

2 types of immunity

Answer 46

1. Transactional immunity (bars further prosecution in exchange for something)
2. Use immunity (bars use of witness’s testimony against him/her)

Question 47

The grand jury may consider evidence (1) but may not violate valid (2) established by Constitution, statutes, or common law.

Answer 47

1. inadmissible at trial

2. evidentiary privilege

Question 48

7 most common pretrial motions

Answer 48

1. Motion for continuance (postponement)
2. Motion to dismiss (indictment or infomation)
3. Motion to suppress (def.’s confession)
4. Motion to require the government to identify a confidential informant (CI)
5. Motion to determine accused’s competency to stand trial
6. Motion to take deposition (for witnesses who may not be available during trial)
7. Motion for change of venue

Question 49

The (1) is the chance to the accused to enter a plea. The options are (2), (3) and, in some jurisdictions, (4). An guilty or no contest plea must be determined to be make knowingly and voluntarily, and (5).

Answer 49

1. arraignment
2. not guilty
3. guilt
4. nolo contendere (no contest)
5. based on facts

Question 50

(1), which allow guilty pleas in exchange for things like reduced sentences, are usually arrived at by experienced counsel on both sides and (2). Sometimes judges will (3). Prosecutors are expected to act in (4) with promises made.

Answer 50

1. Plea bargains
2. approved by the court
3. participate in negotiations
4. good faith

Question 51

The case of Brady v. Maryland set forth what kinds of (1) is required by the plaintiff to disclose to defense. This is considered part of (2) and includes the stipulation that the prosecutor may not knowingly allow (3) against the accused.

Answer 51

1. exculpatory information
2. due process
3. perjured testimony

Question 52

4 things courts consider under the SC’s “balance test” used to ensure the 6th Amendment guarantee of speedy trial

Answer 52

1. length of delay
2. reason for delay
3. defendant’s assertion of the right
4. prejudice to the defendant

Question 53

In 1974, replacing the “balance test” was the (1), which set forth more specific time limits on trial parts.

Answer 53

1. Speedy Trial Act

Question 54

Unlike preponderance of evidence in civil trials, criminal trials use a standard of (1). As in civil trials, admission of evidence uses (2) and (3) standards and (4) are not admissible as evidence.

Answer 54

1. proof beyond a reasonable doubt
2. Daubert
3. Frye
4. lie detector tests

Question 55

Per the 6th Amendment, the right to (1) adversarial witnesses is absolute. It is limited to the right to (2) and (3). (4) are allowed, though not in direct exam.

Answer 55

1. cross-examine
2. question the witness about matters testified on direct
3. ask questions to impeach the witness’s credibility
4. Leading questions

Question 56

5 ways to impeach a witness

Answer 56

1. showing inability to have viewed or heard the matters, or to recall the event
2. showing conflicting prior statements
3. showing witness’s conviction of a crime
4. establishing a bad reputation for truth in the community
5. showing bias, prejudice, interest, or motive to misrepresent facts

Question 57

A case about a sexual assault of two 13 year old girls in Iowa left open the interpretation of (1) as not necessarily face-to-face. Similarly, having sensitive witnesses testify by television was upheld by the SC in (2). Both of these cases have been grounds for legislation of (3).

Answer 57

1. right of confrontation
2. Maryland v. Craig
3. child-shield statutes

Question 58

3 situations that do not necessarily guarantee the right to a jury trial

Answer 58

1. juvenile cases
2. military tribunals
3. petty offenses (sentences < 6 months)

Question 59

Juries for criminal trials range from (1) to (2) members, and in most states decisions must be (3)

Answer 59

1. 6
2. 12
3. unanimous

Question 60

The basic building blocks of civil trials–(1). (2), (3) and (4)–also apply to criminal cases. In addition, the SC has upheld (5)–exclusion of jurors in capital cases who do not believe in the death penalty.

Answer 60

1. venire
2. voir dire
3. challenges for cause
4. peremptory challenges
5. death qualification of a jury

Question 61

The SC has held that trials may not be closed without findings sufficient to overcome the presumption of openness–this is the tug of war between (1) and (2). Most state courts now allow (3) and (4) coverage of court proceedings, at the discretion of the judge.

Answer 61

1. free press
2. fair trial
3. television
4. photographic

Question 62

How to deal with unruly defendants is a matter of (1), and two solutions are (2) or (3).

Answer 62

1. power of contempt
2. removal from courtroom
3. binding and gagging

Question 63

Just like in a civil trial, (1) are given, prosecution presents evidence and defense may move for a (2), (3) are made and the judge gives (4). Juries elect a (5) and may or may not be (6). If the jury is (7) they may be urged to further deliberate.

Answer 63

1. opening arguments
2. directed verdict (judgment of acquittal)
3. closing arguments
4. jury instructions
5. foreperson
6. sequestered
7. deadlocked

Question 64

Per (1), if no final verdict is reached, a defendant may be retried on the same counts.

Answer 64

1. Blueforth v. Arkansas

Question 65

In (1) cases, sentencing is handed down immediately. In felony cases, it may be postponed to allow a (2). This includes a report of the (3) and may include an order for a (4).

Answer 65

1. misdemeanor
2. presentence hearing
3. defendant’s history
4. mental evaluation

Question 66

In a (1) the judge considers evidence, presentence report and aggravation/mitigation evidence which may include an (2) by the defendant, and then the court makes a (3) in open court. A defendant of a nonviolent or first crime may be given a (4).

Answer 66

1. sentencing hearing
2. allocation
3. pronouncement of sentencing
4. suspended sentence

Question 67

4 types of sentencing

Answer 67

1. indeterminate (for rehabilitation)
2. definite sentencing (no individualization–set by legislature–ensures equality)
3. determinate sentencing (judge sets sentence within statutory parameters)
4. indefinite sentencing (judicial discretion, allows early release from prison on parole)

Question 68

(1) are statutes that set minimum sentences for certain crimes. To incapacitate (2), many laws have increased penalties for repeat felons–known colloquially as (3). The (4) was the federal statute of this. Some statutes increase severity of punishment for crimes in which the victim is (5). Another punishment enhancement used is for (6).

Answer 68

1. Mandatory setencings
2. habitual offenders
3. “three strikes and you’re out”
4. Violent Crime Control and Law Enforcement Act of 1994
5. chosen based on certain characteristics
6. drug trafficking in “drug free” zones

Question 69

To remove judicial discretion from sentencing, Congress and many states have adopted (1). With the Sentencing Reform Act of 1984 came the (2), who sets many of these federally. However, in 2005. an SC decision ruled that these violated 6th Amendment (3) since judges determined sentences within guidelines based on (4). Now guidelines take an (5) instead. Sentencing guidelines, still under experimentation largely, are known to promote (6).

Answer 69

1. sentencing guidelines
2. US Sentencing Commission
3. right to a jury trial
4. factual evidence
5. advisory
6. higher incarceration rates

Question 70

3 things that preclude the possibility of parole

Answer 70

1. offense is a felony sentenceable to 25+ years, life or death penalty
2. offense is one for which probation is excluded
3. another offense is sentenced at the same time

Question 71

Probation–suspended sentence for good behavior–helps clear the prisons of (1) and (2) offenders. Probation is limited to (3). Broad discretion is given to (4) to revoke it, but a hearing must be given and the defendant has a (5).

Answer 71

1. first-time
2. non-violent
3. five years confinement
4. probationers
5. right to counsel

Question 72

Disciplinary measures in prisons often consist of removal of (1). This removal requires (2) and the inmate has a right to an (3). The inmate may present evidence and witnesses but does not have a (4). (5) function similarly, except they are allowed a right to counsel.

Answer 72

1. good-time credit
2. written notice
3. administrative hearing
4. right to counsel
5. parole revocation hearings

Question 73

To impose a death penalty, laws require a (1), in the second part of which one or more (2) must be found. The (3) and people under (4) are exempt from the death penalty. During the second stage, (5) are also introduced and then addressed by (6).

Answer 73

1. bifurcated trials
2. aggravating factors
3. mentally retarded
4. 18
5. mitigating factors
6. victim impact evidence

Question 74

The recent trend has been to recognize (1) in statutes, and attempts have been made to make an amendment in the Constitution to recognize these. The (2) attempts to make these rights uniform, and includes the victim’s right to attend (3). (4) refers to returning to the victims money, etc. wrongfully obtained in the course of committing a crime, and if unpayable by the defendant, is sometimes paid by a (5).

Answer 74

1. victims’ rights
2. Uniform Victims of Crime Act (UVCA)
3. any hearing the defendant may attend
4. Restitution
5. state commission

Question 75

Though no right to appeal is (1), many statutes account for it.

Answer 75

1. guaranteed by the US Constitution

Question 76

4 types of appellate review

Answer 76

1. trial de novo (trial court of gen. jur. reviews court of lim. jur.)
2. appeal of right (appellate review of trial court)
3. discretionary review (higher than appeal of right, must be petitioned for)
4. post-conviction relief (challenge conviction after appeals exhausted)(habeas corpus)

Question 77

Defense may appeal objections made during the (1), (2) or (3) phases of the case, and they may appeal (4) such as jurisdiction and rulings. Not all errors are reversed and the defense must prove that the (5) in the absence of the error. Errors that involve the (6), however, must be found beyond a reasonable doubt to have been harmless.

Answer 77

1. pre-trial
2. trial
3. post-trial
4. fundamental errors
5. outcome of the trial would probably have been different
6. Constitution

Question 78

Counsel must be provided during (1) but not (2).

Answer 78

1. right to appeal

2. discretionary review

Question 79

In recent decades, (1) has become a common and controversial form of appellate procedure. The prisoner, unlike in the past does not have to (2) but does have the burden of proof of (3) the error created.

Answer 79

1. federal habeas corpus review
2. have exhausted all appellate options
3. actual prejudice

Question 80

A defendant may challenge his or her judgments and sentences through (1), or (2). One of these is (3), for which the defendant must show that, aside from the gross errors made, the outcome would (4).

Answer 80

1. collateral attack
2. post-conviction relief
3. ineffective counsel
4. likely have been different

Question 81

Lecture: Only the (1) may file action against a crime–the (2) may not press charges alone. The only recourse against an inactive prosecutor is (3).

Answer 81

1. state
2. victim
3. voting him out

Question 82

Lecture: Arrest begins when the defendant is (1). He does not need to be (2) and it can be as simple as the different in shutting a police car door.

Answer 82

1. deprived of liberty

2. formally notified of the arrest

Question 83

Lecture: 3 ways an arrest can be made

Answer 83

1. police personally witnesses crime
2. obtains arrest warrant (capias)
3. exigent circumstances - suspect already at police station

Question 84

Lecture: 2 elements of probable cause to obtain a search warrant

Answer 84

1. belief in certain facts that a crime has been committed

2. some grounds for belief (even unnamed tipster)

Question 85

Lecture: Within 24 hours, an arrestee must be brought before a (1). This is called the (2) and kicks off the process. In this stage the defendant can plead guilty to (3) but not to (4).

Answer 85

1. judge or magistrate
2. initial appearance
3. misdemeanors
4. felonies

Question 86

Lecture: Bail is not for (1) but is for (2). It is set by the judge who factors in things like (3).

Answer 86

1. punishment
2. assurance of appearance at hearing
3. community ties

Question 87

Lecture: After the initial appearance is the (1). In this the defendant is held by an (2) which are charges filed in affidavit form. The defendant enters a (3)–if this is not guilty, he moves on to an (4) to decide whether there is enough evidence to hold him over for trial.

Answer 87

1. preliminary hearing
2. information
3. formal plea
4. arraignment

Question 88

Lecture: States rarely use (1)–they are usually for white-collar or investigated crime. In these deliberations, (2) may not be present or cross-examine witnesses. If it is decided there is enough evidence to indict, an (3) or issued. The constitutional guarantee of a grand jury has not been (4)

Answer 88

1. grand juries
2. defense
3. arrest warrant/capias
4. incorporated into states

Question 89

Lecture: (1) after the arraignment help keep the court up to snuff on evidence, motions, plea bargaining efforts, etc.

Answer 89

1. Pretrial conferences

Question 90

Lecture: (1) is intrusion into legally protected privacy, which is based on (2) . (3) is the government’s taking control of property. The process of obtaining a search warrant is similar to that of an (4).

Answer 90

1. search
2. expectation
3. seizure
4. arrest warrant

Question 91

Lecture: 9 exceptions to need for a warrant in search/seizure

Answer 91

1. abandoned property
2. travelers crossing the border
3. TSA at airports (implied consent)
4. plain view (includes airplanes and drones)
5. emergency searches (plain view while responding to an emergency)
6. preservation of evidence
7. roadside searches of autos (after reasonable suspicion to stop in the first place)
8. hot pursuit
9. canine (car, but not house)

Question 92

Lecture: 3 cases in which probable cause is not required for searches

Answer 92

1. stop-and-frisk (safety of officer is at stake)
2. school lockers
3. drug testing for public employees

Question 93

Lecture : Miranda Rights only need to be given if there is a (1). An addendum to MRs are (2). Evidence obtained without Miranda Rights is inadmissible per the (3).

Answer 93

1. threat of incarceration
2. non-US citizens are told they may contact their consulate or embassy
3. fruit of the poisonous tree doctrine

Question 94

Lecture: The right to counsel used to be up to the (1), but the (2) case established the right to an attorney at all stages of prosecution. If a def. waives that right and represents himself, this is called (3). The defendant does not have to (4) or give any (5). A jury verdict must be (6).

Answer 94

1. judge
2. Gideon
3. pro se
4. take the stand
5. evidence
6. unanimous

Question 95

Lecture: The defense atty can make opening arguments after the (1). Instead of arguing the case, all the defense really has to do is offer (2). In closing arguments, the state (3). Per the SC, defendants have no constitutional right to be (4).

Answer 95

1. prosecutor rests his case
2. alternative theories to cast doubt
3. goes twice
4. paroled