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91 Cards in this Set
- Front
- Back
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In most cases, if a dying declaration is to be introduced at a trial for criminal homicide, in what condition must the person be at the time of trial?
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Dead
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Which is an exception to hearsay testimony?
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Res gestae
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What is Res gestae?
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Involuntary exclamations or acts made at the time the offense was committed.
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During trial, evidence is first introduced by?
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The prosecution
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When may one witness be present in court while another witness testifies?
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When the trial counsel and defense counsel agree to the presence of the witnesses.
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Objection to a witness on grounds of incompetence is made at what time?
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At any time during trial
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A Court Martial convened by the Navy can require the appereance of witnesses from which of the following services
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All Armed Forces
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Whent the witness is stationed near the location where the court convenes, by whom is the witness notified?
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Trial Counsel
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When a request for the attendance of a military witness is made, what is the minimum allowed time for notice before court convenes.
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24 Hours
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A subpoena is normally issued for a civilian witness a minimum of how many hours before the witness must travel from home to comply with the subpoena?
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24 Hours
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When may an accused be forced to testify?
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Never
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When is an accomplice competent to testify?
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At all times
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When may a trial counsel be required to testify?
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When his/her testimony is desired
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A child must be 16 years of age in order for his/her testimony to be admissible?
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False
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When may a husband testify to confidential communications received from his wife?
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When the wife has given consent
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In cross-examination, what type of evidence many NOT be introduced to attack the credibility of the witness?
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Testimony as to the character of the witness
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Who decides whether or not a witness is competent to testify?
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The trial counsel, the defense counsel, or the judge
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The testimony of a witness may be impeached if it is proved that the witness made contradictory statements during the present trial.
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True
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What is a deposition?
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A written declaration under oath or affirmation made by a witness in the presence of the adverse party.
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A deposition may be taken by who?
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A legal officer, a court officer, a notary public
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Depositions are NOT in violation of the hearsay rule for what reasons?
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Because the witness is under oath and there is an opportunity for cross-examination
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What is different from a affidavit and a deposition?
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A affidavit is made without giving the other side an opportunity to ask questions of the declarer.
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Explain the examination process of witnesses.
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First-direct examination by the party who called the witness.
Second-cross examination by the opposite party Third-redirect examination Fourth-re-cross-examination |
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Leading questions are allowed in court proceedings at which of the following times.
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When the witness appears hostile to the party who called him/her.
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Are double questions allowed in court?
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No
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During trial, which type of questions are NOT forbidden.
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Degrading question dealing with a minor issue of a trial.
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A witness may NOT give his/her opinion regarding what characteristic of person at trial?
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Guilt
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Are witness allowed to discuss their testimony?
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No
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Which one should be tried at a summary court martial
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Minor offenses
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A summary court martial has no civilian equivalent.
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True
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The power to convene a summary court martial rests with what authority?
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Authorized command
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An individual tried by a state court may only be retried by a summary court martial with the permission of what authority?
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Officer exercising general court martial jurisdiction
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What personnel may be tried by a summary court martial.
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Petty Officer
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If the number of charges exceed the amount of room provided on a charge sheet, what action should be taken?
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Place them on a separate sheet of paper as attachment A
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The signature of the accuser should appear in what block of the charge sheet?
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III
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For what reason is an accused informed of the charges?
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To provide a reasonable notice of impending prosecution
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Once a referral of a summary court martial case has been properly executed, what action should be taken next?
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Forward the case file to the summary court martial officer
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After referral, are changes allowed on the charge sheet?
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Yes; but the changes must be initiated by the summary court martial officer.
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What document contains information on a pretrial conference for a summary court martial?
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MCM, Appendix IX
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May reduction in grade be awarded at a summary court martial for E5 and above. If so, to what maximum number of inferior paygrades?
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Yes; one
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What document constains a trial guide for a summary court martial?
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MCM, Appendix IX
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Who is responsable for making sure only legal and competent evidence is presented at a summary court martial?
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The court martial officer
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If a summary court-martial officer has a question regarding the admissibility of evidence, from what source should assistance be obtained?
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Navy legal service office
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What are the major steps of a summary court martial?
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Arraignment, motions, pleas, presentation of the evidence, findings, and sentence.
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At a summary court martial, an accused may change any plea at any time before which event?
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Findings are announced
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When evidence is presented at a summary court martial, the witnesses for the accussed are called first
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False
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A special court-martial must have a minimum of how many members?
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Three
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A special court martial, consisting of three members, counsel, but not military judge may NOT award which of the following punishments?
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Confinement for six months
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In a special court martial with a military judge, what person is responsible for presiding during deliberations
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Senior member
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What are the elements needed for a court-martial to properly try a case?
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Jurisdiction over the offense, defendant, and proper convening authority
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When an enlistee accused requests enlisted members sit on a special court martial, what fraction of the court must consists of enlisted members
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One-third
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When enlisted members are requested, but cannot be assigned due to extraordinary circumstances, what action must be taken?
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The convening authority must forward a detailed explanation to the trial counsel.
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The military judge of a special court martial should have which of the following qualifications?
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Commisioned officer, a member of the bar of a Federal court, certified by the Judge Advocate General
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When charges are officially withdrawn on the charge sheet, who must initial and date the changes?
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The convening authority
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In what way should a convening authority withdraw a case from one court and refer it to a new court
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By executing a new block 14 referral to the charge sheet
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While awaiting trial, an accused commits new offenses. How should these additional charges be referred?
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By completing a new charge sheet
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At a special court martial in times of peace, an accused be brought to trial a minimum of how many days after formal charges have been served?
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Three
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What means of communication should the trial counsel use to notify the accused?
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In person
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Which plea is the strongest form of proof known to the law?
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Guilty
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How many members in a special court martial must agree on finding a guilty verdict.
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Three
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In court-martial, for what reason are matters in mitigation of an offense introduced?
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To lessen the punishment adjudged by the court
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In a member's trial, who is responsible for announcing the sentence?
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President of the Court
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Which type of court martial provides the greatest penalties provided by military law?
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General Court Martial
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Which type of investigation must be conducted before a general court martial may lawfully occur?
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Pretrial
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What is the purpose of an Article 32 pretrial investigation?
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To formally inquire into the allegations contained in the charge sheet.
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What action initiates an Article 32 pretrial investigation?
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Written request from the trial counsel.
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A military counsel must be qualified under what article of the UCMJ?
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Art. 27
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What official is responsible for making the initial determination on the availability of military witnesses.
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Convening authority
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During an Article 32 investigation, a witness is not reasonably available. If the defense objects, what type of statement may the investigating officer consider?
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Sworn
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The pretrial advice by the CO's staff judge advocate does NOT include which of the following elements?
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A recomended punishment for the offense.
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A general court martial should be comprised of at least how many members?
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Five
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The effects of a BCD on the benefits of a veteran depend on which of the following factors?
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Type of court martial
The facts of the case Who administers the benefits |
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A special court martial may adjudge hard labor without confinement for a maximum of how many months?
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Three
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What term identifies a lump sum judgement against an accused payable to the United States
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Fine
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Automatic reduction to paygrade E1 is affected upon what approved punishment.
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Confinement in excess of 90 days or 3 months only
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The escalator clause permits a punitive discharge to those personnel involved in what type of cases?
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Chronic offenders
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What is the maximum sentence a special court martial may award?
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BCD, confinement for 6 months, a forfeiture of 2/3 pay per month for 6 months, and reduction in rate to E1
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Counsel Tactics: An attempt to lead the witness...?
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Suggestive
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To confuse the witness
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Rapid fire questions
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To give the impression that the witness is unreliable
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Condescending counsel
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To force inconsistent answers
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Rapid fire questions
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To lull the witness into a false sense of security
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Friendly counsel
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Procedures and directives for MA personnel assigned to duty at courts martial are set forth by...?
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Individual commands
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When assigned to guard a prisioner in court, where should the MAA be stationed?
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In a position to observe the prisioner
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If a prisioner is delivered to a court in handcuffs, when may the handcuffs be removed?
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During the proceedings
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Arrangements for the location of witnesses are made by whom?
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The trial counsel
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During a trial, administrative errands are performed by whom?
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The court bailiff
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Before and after each session of court, the court bailiff receives specific instructions from whom?
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The military judge
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In the deliberation room, the bailiff performs which of the following duties?
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Ensures the court members have pencils and pads of voting paper
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If a member of the news media insists on bringing a camera into the courtroom, the bailiff should report the incident to..?
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The trial counsel
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A court bailiff should be prepared to furnish which of the following services?
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Summon witnesses, summon court members, collect written questions
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