Article 260 Jury Trial Generally Flashcards
CPL 260.10
Select the correct answer.
In the trial of an indictment, all trials may be non-jury trials:
(a) without exception
(b) except for class A felonies
(c) except for violent felony offenses
(d) except for murder in the first degree
(e) except for homicide and kidnapping.
Answer: (d)
Choice (d) is correct (CPL 260.10).
CPL 320.10 provides that defendant in all cases may waive a jury trial and consent to trial without a jury, except for murder first degree.
CPL 260.20
Select the correct answer.
At the trial of an indictment, the defendant begins acting in a manner that is so unruly and disruptive that the trial cannot continue. The court:
(a) may, in its discretion, make the trial a non-jury trial
(b) may order that the defendant be removed from the courtroom if he continues acting in a disruptive fashion, after the court has warned him that such behavior could result in his removal
(c) must declare a mistrial
(d) must allow the defendant to remain in the courtroom because a defendant must be personally present during the trial of an indictment.
Answer: (b)
Choice (b) is correct (CPL 260.20). Two factors should be noted: this is the only circumstance in which defendant need not be personally present, and defendant must be warned that his continued disruptive conduct will result in his removal from the courtroom.
CPL 200.63
Select the correct answer.
In connection with the previous conviction of a specified offense as an element of finding a defendant guilty of an Aggravated Family Offense (PL 240.75) such previous conviction must be proven (if not admitted):
(a) by a preponderance of the evidence
(b) by clear and convincing evidence
(c) beyond a reasonable doubt
(d) by a reasonable standard of evidence.
Answer: (c)
Choice (c) is correct. (CPL 200.63(2)) provides that the standard, as should be for any criminal conviction, is beyond a reasonable doubt.
CPL 260.30
Select the correct answer.
From the choices given, select the proper order of trial.
1. Prosecutor may open to the jury
2. Prosecutor must open to the jury
3. Defendant may open to the jury
4. Defendant must open to the jury
5. Prosecutor must prove his case
6. Defendant must prove his case
7. Defendant may prove his case
8. Defendant may make closing argument
9. Defendant must make closing argument
10. Prosecutor must make closing argument
11. Prosecutor may make closing argument
(a) 1, 3, 5, 6, 8 and 10
(b) 2, 3, 5, 6, 9 and 10
(c) 2, 3, 5, 7, 8 and 11
(d) 2, 4, 5, 7, 10 and 11.
Answer: (c)
Choice (c) is correct (CPL 260.30). The prosecution must deliver an opening address to the jury, and must present evidence supporting the indictment. Counsel on both sides will usually use other permitted opportunities to strengthen their respective positions, but they are not required to do so. Note, also, that the prosecutor, who has made the first opening address, also is the last who may deliver a summation before the court’s charge to the jury.
