Deck 12: The Initiation of the Legal Process, Bail, and the Right to Counsel

Question 1

The legal assumption that prosecutors honestly, fairly, and responsibly exercise their authority except where there exists clear evidence to the contrary is known as the ______.

A)blessing of the state
B)presumption of regularity
C)prosecutor's authority
D)prosecutorial trust principle

Answer 1

B

Question 2

A sworn statement by the prosecutor charging the defendant with a specific offense is referred to as a ______.

A)sentence
B)presentence investigation report
C)complaint
D)motion

Answer 2

C

Question 3

A prosecutor who increases the charges or severity of the charges against an individual who has asserted his or her constitutional rights has engaged in ______.

A)discriminatory prosecution
B)ominous prosecution
C)selective prosecution
D)vindictive prosecution

Answer 3

D

Question 4

The provision barring "excessive bail" is found in the ______.

A)Equal Protection Clause
B)Sixth Amendment
C)Seventh Amendment
D)Eighth Amendment

Question 5

The initial appearance has all of the following purposes except ______.

A)criminal charges
B)civil liberties
C)attorney
D)pretrial release

Question 6

All of the following are powers of the prosecutor except ______.

A)deciding who to charge who with a crime
B)deciding what crime to charge
C)deciding whether to plea bargain a case
D)deciding what sentence to impose

Question 7

An individual who is released on recognizance has been ______.

A)released on bail commensurate to his or her income
B)released without being required to post any bail
C)released into a halfway house
D)released under the supervision of a parole officer

Question 8

A probable cause hearing is also referred to as a ______.

A)Boyle hearing
B)Gerstein hearing
C)Goodwin hearing
D)McLaughlin hearing

Question 9

A prosecutor who chooses to prosecute an individual due to his or her sex or religion has engaged in ______.

A)discriminatory prosecution
B)ominous prosecution
C)selective prosecution
D)vindictive prosecution

Question 10

The primary purpose of bail is to ensure ______.

A)a fair trial
B)the smooth operation of justice
C)the defendant's appearance for trial
D)the profitability of the courts

Question 11

When a prosecutor chooses to prosecute an individual due to his or her sex or religion, he or she has engaged in which of the following practices?

A)vindictive prosecution
B)selective prosecution
C)prosecutorial discretion
D)presumption of regularity

Question 12

At which point in the criminal justice process does the responsibility for the case switch over from the police to the prosecutor?

A)after the suspect's arrest
B)after the suspect's initial appearance
C)after the suspect's preliminary hearing
D)after the beginning of pretrial motions

Question 13

The U.S.Supreme Court has noted that prosecutorial authority is "______" but not "______."

A)broad; unlimited
B)limited; reviewable
C)specific; cumbersome
D)vague; unconstitutional

Question 14

Prosecutors are members of the ______.

A)legislative branch
B)executive branch
C)judicial branch
D)military branch

Question 15

Determination of probable cause for detainment of an individual is unnecessary for all of the following scenarios except ______.

A)the suspect was arrested without a warrant
B)the suspect was arrested with a warrant
C)the suspect was indicted by a grand jury
D)a probable cause determination is unnecessary in all of these scenarios

Question 16

The nonadversarial probable cause hearing must be held ______ following an arrest.

A)within 48 hr
B)within 2 weeks
C)within 1 month
D)within 3 months

Question 17

According to U.S.Supreme Court Justice Robert Jackson, the ______ is the most powerful person in the criminal justice system.

A)prosecutor
B)police chief
C)defense attorney
D)judge

Question 18

The first appearance is triggered by ______.

A)an arrest
B)the filing of a complaint
C)the motion
D)the sentencing

Question 19

All of the following are reasons judges are extremely reluctant to review prosecutorial decisions to prosecute except ______.

A)the lack of prosecutorial experience on the part of the judges
B)the traditional roles of judges going back to English common law
C)the large amount time and money required for such oversight
D)separation of powers between the executive and judicial branches

Question 20

All of the following occur at the initial appearance except ______.

A)the defendant is informed of his or her right to counsel
B)the defendant is informed of his or her right to pretrial release
C)the defendant is informed of his or her right to a speedy trial
D)the defendant is informed of his or her right of postconviction appeals

Question 21

For surety, bonds defendants are required to deposit ______ of the bond with the bondsman.

A)10%
B)20%
C)30%
D)40%

Question 22

All of the following are used to determine indigency in Washington State except ______.

A)food stamps
B)middle-class income
C)inability to pay for a lawyer
D)recipient of Medicaid

Question 23

The right to counsel attaches at all of the following stages except ______.

A)arraignment
B)bail setting
C)plea bargaining negotiations
D)preliminary hearing

Question 24

Procedural due process includes all of the following except ______.

A)representation by an attorney
B)the right to present evidence
C)the right to cross-examine witness
D)the right to provide plea bargains

Question 25

Historically, under English common law, which defendants were entitled to counsel?

A)all defendants
B)those accused of a felony
C)those accused of a misdemeanor
D)no defendant

Question 26

All of the following were identified as critical stages of the criminal process except ______.

A)arrest
B)arraignment
C)sentencing
D)DNA swab

Question 27

Individuals being held in pretrial detention are ______ until trial.

A)held in the local prisons
B)held in short-term jails
C)placed under house arrest
D)unable to leave the state

Question 28

Which of the following were identified as factors that could lead to a claim that counsel is being ineffective?

A)prejudice
B)deficient performance
C)good negotiation tactics
D)lack of knowledge of the law

Question 29

In which case did the U.S.Supreme Court establish the requirement of "effective" counsel for both indigent and nonindigent defendants?

A)Glover v.United States
B)Kimmelman v.Morrison
C)Strickland v.Washington
D)United States v.Cronic

Question 30

The U.S.Supreme Court has held that ______ are entitled to the assistance of counsel.

A)all defendants
B)all defendants sentenced to at least 1 day of incarceration
C)all defendants facing anything greater than a petty misdemeanor
D)all defendants facing felony charges

Question 31

All of the following factors are taken into consideration in some states when determining indigency except ______.

A)public assistance
B)race and ethnicity
C)income
D)available funds

Question 32

Which of the following court cases was the first major Supreme Court case to address the right to counsel?

A)Powell v.Alabama
B)Gideon v.Wainwright
C)Betts v.Brady
D)Uyeges v.Pennsylvania

Question 33

The right to legal representation is available during all of the following critical stages of the criminal process except ______.

A)custodial interrogations
B)preindictment lineup
C)preliminary hearing
D)plea bargain negotiations

Question 34

Which of the following Amendments provides for the right to counsel?

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 35

The majority of states deny bail to individuals charged with ______.

A)misdemeanors
B)infractions
C)minor felonies
D)capital offenses

Question 36

Preventive detention is designed to hold for trial all of the following except ______.

A)defendants who pose a risk to the community
B)defendants who are deemed a flight risk
C)defendants who cannot afford to post bail
D)preventive detention is designed to hold all of these

Question 37

The U.S.Supreme Court requires lawyers to conduct an investigation into possible mitigating circumstances in which cases?

A)all felonies
B)all homicides
C)first-degree murder cases
D)capital cases

Question 38

Which of the following has a right to specifically select counsel?

A)a defendant who hires his or her own attorney
B)an indigent defendant
C)a defendant charged with a felony
D)a defendant charged with a capital offense

Question 39

All of the following reasons were identified as why bail if viewed as important to defendants except ______.

A)detention
B)personal hardship
C)rehabilitation
D)preparation for trial

Question 40

In which landmark case did the U.S.Supreme Court abolish the old "special circumstances" test and hold that the right to counsel for indigent defendants applied to all individuals charged with felonies?

A)Gideon v.Wainright
B)Powell v.Alabama
C)Scott v.Illinois
D)United States v.Salerno

Question 41

All of the following are limitations on self-representation except ______.

A)defendant must inform the court in advance
B)defendant must intelligently waive his or her right to counsel
C)defendant must not be disruptive in court
D)defendant must represent himself or herself effectively

Question 42

All of the following are limitations on self-representation suggested by the decision in Faretta except ______.

A)notice
B)competence
C)strategy
D)disruptiveness

Question 43

Unlike much of the pretrial and trial process, probable cause hearings are described as "nonadversarial."

Question 44

All of the following statements regarding the first appearance are true except ______.

A)the defendant is informed of the precise charges against him or her
B)the defendant is informed of his or her rights
C)a determination is made as to whether the defendant is to be released from custody prior to trial
D)lawyers are not typically appointed to indigent defendants

Question 45

In selective prosecution, a prosecutor retaliates against a defendant who asserts his or her rights by bringing a more serious charge against the defendant.

Question 46

The probable cause standard to detain a suspect is the same as the probable cause standard to arrest a suspect.

Question 47

In Riverside County v.McLaughlin, the U.S.Supreme Court held that a two-day wait for a probable cause hearing was an unreasonably long time.

Question 48

Once the police have completed their investigation, they must decide whether to formally arrest a suspect and to turn the case over to the prosecutor.

Question 49

What does the prosecutor possess that makes him one of the most powerful individuals in the criminal justice system?

A)ethics
B)discretion
C)education
D)connections

Question 50

Defendants who interfere with the conduct of the trial forfeit the right to self-representation are considered to be ______.

A)incompetent
B)disruptive
C)perjurers
D)dishonest

Question 51

Judges are considered to be the most powerful individuals in the justice system.

Question 52

All of the following were identified as policy considerations provided in Faretta except ______.

A)personal choice
B)strategy
C)disregard for the law
D)consequences

Question 53

The first appearance is triggered by the filing of a complaint.

Question 54

What does it mean for an individual to act pro se?

A)He is represented by a public defender.
B)He is in contempt of court.
C)He is hiring a private lawyer.
D)He is representing himself.

Question 55

In which of the following court cases did the Supreme Court hold that the right of self-representation "is not absolute?"

A)Gideon v.Wainwright
B)McKaskle v.Wiggins
C)Indiana v.Edwards
D)Martinez v.Court of Appeal of California

Question 56

All of the following are justifications used in Faretta v.California to allow self-representation except ______.

A)the defendant is the one who suffers should he or she fail
B)forcing a defendant to accept representation could bring about questions of fairness
C)defendants representing themselves may elicit sympathy from the jury
D)some defendants may know strategies better than their attorneys

Question 57

Following a suspect's arrest, responsibility for the case shifts to the prosecutor.

Question 58

The defendant is informed of the charges against him or her during the probable cause hearing.

Question 59

A prosecutor is a member of the executive branch.

Question 60

The Equal Protection Clause of the Fifth and Fourteenth Amendments prohibits prosecution of an individuals based on their ______.

A)race and gender
B)education
C)income levels
D)familial ties

Question 61

Provide an example of what constitutes ineffective counsel.

Question 62

Defendants who interfere with the conduct of the trial forfeit the right to self-representation.

Question 63

The first appearance is triggered by the filing of a complaint, which is a sworn statement by the prosecutor charging the defendant with a specific offense.What are the four primary purposes of the initial appearance and why is each important?

Question 64

Courts are very reluctant to interfere with prosecutorial discretion.List and explain the three primary reasons for this given in the text.

Question 65

Identify the reasons as to why bail is viewed as important to the defendant.

Question 66

When should a probable cause hearing be held?

Question 67

The U.S.Constitution provides for bail in the Sixth Amendment of the Constitution.

Question 68

The U.S.Supreme Court has held that if a defendant faces the possibility of even one day of incarceration as part of a sentence, he or she is entitled to counsel.

Question 69

A defendant has no right to be represented by a specific appointed counsel, although a court may take the defendant's preference into consideration.

Question 70

Provide an example of how indigency is determined.

Question 71

Provide an example of vindictive prosecution.

Question 72

What is the two-pronged test for ineffective assistance of counsel?

Question 73

A defendant does not have a right to be represented by an individual who is not a member of the bar.

Question 74

To determine whether counsel was truly ineffective, one must look to the totality of the circumstances of the situation in question.

Question 75

The Sixth Amendment right to counsel and right of an indigent to appointed counsel is not limited to the criminal trial.

Question 76

What is a critical stage? Provide an example.

Question 77

By means of the Sixth Amendment right to counsel, an indigent defendant charged with any nontraffic offense is entitled to counsel.

Question 78

Most states rely on the commercial bail bond system.

Question 79

Acting pro se refers to hiring the best attorney you possibly can.

Question 80

Discuss the separation of powers when referring to prosecutors.