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Question 1
Bart has asked his father to testify on his behalf at his upcoming trial. Bart's father says he has a beer tasting to attend that day and can't make it, sorry. Which of the following should Bart's attorney request of the court?
Correct Although many defense attorneys would be thrilled if (D) were viable, all we can do at this point is request that the judge issue a subpoena for Bart's father to appear. If he refuses to answer the subpoena, other measures then become available.
Incorrect! Although many defense attorneys would be thrilled if (D) were viable, all we can do at this point is request that the judge issue a subpoena for Bart's father to appear. If he refuses to answer the subpoena, other measures then become available.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Bart has asked his father to testify on his behalf at his upcoming trial. Bart's father says he has a beer tasting to attend that day and can't make it, sorry. Bart's father receives and ignores the subpoena to appear. Bart's attorney requests that the judge issues a bench warrant for his arrest. Will the bench warrant issue?
Correct If a witnesses refuses to appear to testify and ignores a properly issued and delivered subpoena, the court may issue a bench warrant to secure the witness' testimony.
Incorrect! If a witnesses refuses to appear to testify and ignores a properly issued and delivered subpoena, the court may issue a bench warrant to secure the witness' testimony.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Bart has asked his father to testify on his behalf at his upcoming trial. Bart's father, Homer, says he has a beer tasting to attend that day and can't make it, sorry. When Homer finally appears to testify the judge gives him the following warning: "We've been waiting a while for you, sir, and I do hope it was worth the wait. Be aware that I don't like drunks. My uncle was a drunk. I don't like people coming in here smelling of beer and making stuff up on the stand, and I've been known to throw a guy or two like that in the jail downstairs for a few weeks until the stench of alcohol is no longer oozing from his pores." Bart's father yells "D-oh" and clams up, refusing to open his mouth for fear of letting loose the odors therein. Evaluate the following statement: The judge has effectively nullified Bart's right to compulsory process.
Correct If a judge is not equitable in giving warnings to witnesses regarding perjury and intimidates a defense witness such that the witness does not testify at all for fear of reprisal, the defendant's Sixth Amendment right to present witnesses may have been violated.
Incorrect! If a judge is not equitable in giving warnings to witnesses regarding perjury and intimidates a defense witness such that the witness does not testify at all for fear of reprisal, the defendant's Sixth Amendment right to present witnesses may have been violated.
Correct
Incorrect!
Question 4
Which of the following is the most accurate explanation for the rationale underlying the Sixth Amendment Right to Compulsory Process?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The prosecution has the power to compel appearance under threat of arrest, and the Sixth Amendment provision, according to Washington v. Texas, is to level the playing field so that the defendant is not at a disadvantage. If (C) sounds vaguely familiar it is because it's similar to (but not quite accurately so) the rationale underlying the Confrontation Clause.
Incorrect! The prosecution has the power to compel appearance under threat of arrest, and the Sixth Amendment provision, according to Washington v. Texas, is to level the playing field so that the defendant is not at a disadvantage. If (C) sounds vaguely familiar it is because it's similar to (but not quite accurately so) the rationale underlying the Confrontation Clause.