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MMLU / One day, an 11-year-old boy came home from school with red lipstick stains on…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

One day, an 11-year-old boy came home from school with red lipstick stains on his collar. When the boy's mother inquired about the lipstick stains, the boy said that his teacher had kissed him. The mother then contacted the police, who subsequently conducted an investigation and arrested the teacher, charging her with two felony counts of child molestation. In accord with state law, a preliminary hearing was scheduled. After the boy was subpoenaed to testify at the preliminary hearing, the prosecution filed a motion to exclude the teacher from the courtroom during the boy's appearance. The motion, with supporting affidavits from a child psychologist, claimed that having the boy and the teacher in the same room would cause irreparable emotional and psychological harm to the alleged victim. The judge should

choices

  1. deny the motion, because a pretrial proceeding is an early stage of trial, and a defendant has a constitutional right of confrontation at every stage of the trial.
  2. deny the motion, because the teacher's exclusion from the courtroom would have prejudicial impact on receiving effective assistance of counsel.
  3. grant the motion, because the teacher's attorney still has an opportunity to cross-examine the witness despite the teacher's absence from the courtroom.
  4. grant the motion, because cross-examination at a preliminary hearing is not required by the confrontation clause of the Sixth Amendment.

subject

professional_law

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Source and history

task_id
855c21f5-4e9b-5d6d-8176-469c301c0f5b
task_key
all--test--855c21f5-4e9b-5d6d-8176-469c301c0f5b
task_revision_id
1
config / split
all / test

Official source

initial import