MBE Question of the Day – Answer
With results from the July 2023 bar exam being released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!
MBE Question of the Day – Answer
(D) is correct
Issue: What rules apply to grand jury proceedings.
Rule: The grand jury determines the existence of probable cause for the prosecution of a
particular defendant. Upon a return of a “true bill” by a grand jury, the prosecution decides
whether to prosecute or not. Many of the rules that apply to criminal trials do not apply to grand
jury proceedings.
particular defendant. Upon a return of a “true bill” by a grand jury, the prosecution decides
whether to prosecute or not. Many of the rules that apply to criminal trials do not apply to grand
jury proceedings.
Analysis: Here, alternative (D) is an inaccurate statement regarding grand jury proceedings. A
subpoenaed witness does not have the right to have an attorney present in the grand jury room,
although the witness may consult with an attorney outside the proceedings. All of the other
statements are true statements.
subpoenaed witness does not have the right to have an attorney present in the grand jury room,
although the witness may consult with an attorney outside the proceedings. All of the other
statements are true statements.
(D) is correct because the witness does not have the right to have an attorney present.
(A) is incorrect because it accurately states a fact about the secrecy of grand jury proceedings.
Grand juries meet in secret. Defendants do not have the right to know that a grand jury is
Grand juries meet in secret. Defendants do not have the right to know that a grand jury is
considering an indictment against them, the right to be present, the right to confront witness who
testify, or the right to introduce evidence at the grand jury proceeding.
testify, or the right to introduce evidence at the grand jury proceeding.
(B) is incorrect because Miranda warnings do not apply to grand jury proceedings. If a
defendant testifies before a grand jury, there is no right to Miranda warnings even if subpoenaed.
defendant testifies before a grand jury, there is no right to Miranda warnings even if subpoenaed.
(C) is incorrect because hearsay evidence is admissible, even if it would be inadmissible at
trial.
trial.