Article 310 Flashcards Preview

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Flashcards in Article 310 Deck (13)
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1

T/F? A jury may deliberate in a place inside the courtroom

False

CPL 310.10

2

Upon retiring to deliberate, the jurors may take with them ______

any exhibits received in evidence at the trial which the court, after according the parties an opportunity to be heard, permits them to take

CPL 310.20

3

T/F? The defendant must be present if court gives jurors additional instructions or information

True

CPL 310.20

4

When may a judge give copies of a statute to the jury?

If the jury requests and the parties consent

CPL 310.30

5

Who must be present in the courtroom when the foreperson announces the verdict?

Prosecutor, defendant's counsel and the defendant

CPL 310.40

6

T/F? After a verdict has been rendered, jurors must be individually asked if such is their verdict

False

CPL 310.80

7

If the court orders that a verdict be replaced by a JD fact determination, the court must order the action removed to the family court pursuant to ______.

CPL 725

CPL 310.85

8

Which of the following statements regarding jury deliberations is false?
A. Jury retires to deliberate following court's charge
B. Jury must deliberate in a place outside courtroom
C. The jury must be kept continuously together
D. Court officer(s) must supervise the jurors

D. Court officer(s) must supervise the jurors

CPL 310.10

9

Upon retiring to deliberate, jurors may take with them exhibits received in evidence at the trial which
A. the court, after hearing both attorneys, permits the jurors to take
B. were also marked for identification
C. the defendant and the people do not object to
D. a majority of the jurors demand to take into the jury room

A. the court, after hearing both attorneys, permits the jurors to take

CPL 310.20

10

The jurors may take with them a copy of any statute if
A. jury demands and there is no objection by either side
B. jury asks for it, and both sides and court consent
C. jury asks for it and defendant and court consent
D. jury asks for it and statute is NYS law

B. jury asks for it, and both sides and court consent

CPL 310.30

11

If the court accepts a verdict which is defective or incomplete because the jury did not render a verdict upon every count, such verdict is deemed an acquittal upon every count _________.
A. submitted to the jury
B. not submitted to the jury
C. improperly ignored in the verdict
D. none of the above

C. improperly ignored in the verdict

CPL 310.50

12

Which is false? Deliberating jury may be discharged by court without having rendered a verdict when
A. jury deliberating extensively and court decides to discharge jury
B. a mistrial is declared pursuant to 280.10
C. court, defendant, and people all consent to such discharge
D. jurors do not wish to continue deliberations

D. jurors do not wish to continue deliberations

CPL 310.50

13

Which of the following is correct? After a verdict has been rendered
A. it does not have to be recorded in the minutes
B. the jurors must be immediately discharged
C. jurors must be collectively asked if such is their verdict
D. jurors are not required to be present in courtroom when verdict is read

C. jurors must be collectively asked if such is their verdict

CPL 310.70