Deck 7: Criminal Courts

Question 1

Identify which of the following is NOT a primary explanation on whether a prosecutor will pursue a case.

A) credibility of victim
B) offenders background
C) seriousness of the crime
D) strength of case

Answer 1

B

Question 2

This informal and interdependent organization of lawyers and judges works together to evaluate and dispose of cases.

A) working group
B) Grand Jury
C) Pretrial motion
D) Charging decision

Answer 2

A

Question 3

Which of the following is NOT true about prosecutors?

A) They are typically elected.
B) They typically serve 4 years.
C) They have jurisdiction over offenses committed in their district.
D) They have jurisdiction over offenses committed in their state.

Answer 3

D

Question 4

During this stage of the Adversarial process the prosecutor decides whether to pursue the case.

A) arraignment
B) indictment
C) discovery
D) charging decision

Question 5

Which of the following refers to the defendant pleading guilty to a less serious charge for a lesser prison sentence?

A) sentence bargaining
B) count bargaining
C) charge bargaining
D) plea bargaining

Question 6

Identify which of the following has mandatory prosecution.

A) France
B) Illinois
C) Germany
D) New York

Question 7

Jimmy is accused of robbing a victim. The prosecution is offering Jimmy probation instead of prison time if he agrees to plead guilty. The prosecution wants Jimmy to engage in ______.

A) charge bargaining
B) count bargaining
C) sentence bargaining
D) court bargaining

Question 8

This model is based on the premise that the repression of crime is one of the most important functions of government.

A) crime control model
B) due process model
C) consensus model
D) adversarial model

Question 9

Identify which of the following is the least studied institution in the criminal justice system.

A) police
B) courts
C) prisons
D) jails

Question 10

Individuals may NOT be represented by a lawyer in ______.

A) front of a Grand Jury
B) criminal suits
C) civil suits
D) in federal court

Question 11

Jimmy is accused of kidnapping, beating, and robbing a victim. The prosecution is offering to charge Jimmy just with robbery, and to drop the other charges. The prosecution wants Jimmy to engage in ______.

A) charge bargaining
B) count bargaining
C) sentence bargaining
D) court bargaining

Question 12

Which of the following features of the grand jury refers to the fact that prosecutors who do not secure an indictment can get another jury to hear case?

A) evidence
B) proceedings
C) testimony
D) double jeopardy

Question 13

Which of the following refers to a defendant who pleads guilty to some of the charges and others are in return dropped?

A) count bargaining
B) charge bargaining
C) plea bargaining
D) sentence bargaining

Question 14

Which of the following is NOT true about assistant prosecutors?

A) They handle most of the day-to-day work of the office.
B) They supervise various divisions within the office.
C) They are paid more than private practice lawyers.
D) They are paid less than private practice lawyers.

Question 15

Identify which of the following refers to the defendant pleading guilty in return for a lenient sentence.

A) sentence bargaining
B) count bargaining
C) plea bargaining
D) charge bargaining

Question 16

During this stage of the Adversarial process the suspect is formally given a notice of plea and enters a plea.

A) arraignment
B) indictment
C) discovery
D) arrest

Question 17

Jimmy is accused of kidnapping and robbing a victim. The prosecution is offering to charge Jimmy just with robbery, a charge that carries a lesser prison sentence, if he pleads guilty. The prosecution wants Jimmy to engage in ______.

A) charge bargaining
B) count bargaining
C) sentence bargaining
D) court bargaining

Question 18

In this case, the U.S. Supreme Court held that even when a lawyer commits a serious error at trial the verdict will not be reversed unless "there is reasonable probability that but for the counsel's unprofessional errors, the results of the proceeding would have been different."

A) McCleskey v. Kemp
B) State v. N. J.
C) Gideon v. Wainwright
D) Strickland v. Washington

Question 19

In which of the following cases was there serious concern over the abuse of prosecutorial discretion?

A) North Carolina v. Adolf
B) Commonwealth v. Battis
C) Edwards v. People
D) Lafler v. Cooper

Question 20

When judges appoint private lawyers to represent indigent defendants it is an example of ______.

A) public defenders
B) contract attorneys
C) assigned counsel
D) prosecuting counsel

Question 21

In this case, the Supreme Court held that "so long as the prosecution has probable cause to believe that the accused has committed an offense defined by statutes" the decision to prosecute lies entirely in the prosecutor's discretion.

A) Strickland v. Washington
B) McCleskey v. Kemp
C) Wayte v. United States
D) State v. N. J.

Question 22

Germany has mandatory prosecution.

Question 23

The due process model focuses on the premise that the repression of crime is one of the most important functions of government.

Question 24

When deciding to offer a concession to defendants, which selection below is NOT something prosecutors look for?

A) victim cooperation
B) no prior criminal record
C) weak evidence of guilt
D) minor offense

Question 25

In which case did the U.S. Supreme Court proclaim that plea bargaining is constitutional?

A) Edwards v. People
B) North Carolina v. Adolf
C) Santobello v. New York
D) Commonwealth v. Battis

Question 26

When the state has salaried lawyers who work full time to represent indigent defendants, it is an example of ______.

A) public defenders
B) contract attorneys
C) assigned counsel
D) none of the above

Question 27

Critics state that prosecutors are guilty of this when trying to make a plea more appealing.

A) providing lesser charges in pleas
B) dropping charges in pleas
C) piling on charges at trial
D) reducing sentences in pleas

Question 28

When deciding to decline a concession to defendants, prosecutors will be least likely to look at whether there is ______.

A) uncooperative victim
B) strong evidence of guilt
C) lengthy criminal record
D) seriousness of the crime

Question 29

Which state successfully banned plea bargaining?

A) Alaska
B) Illinois
C) New York
D) California

Question 30

Private lawyers, bar associations, law firms, or groups of attorneys enter into an agreement with the government to represent indigents. This is an example of ______.

A) assigned counsel
B) contract attorneys
C) public defenders
D) none of the above

Question 31

Identify which of the following does not have prosecutorial discretion.

A) Germany
B) France
C) New York
D) Alabama

Question 32

Which of the following is NOT true about the Grand Jury?

A) allows double jeopardy
B) does not consider unlawfully obtained evidence
C) is conducted in secret
D) is used to determine probable cause

Question 33

Identify which of the following statements regarding convictions is most accurate.

A) The conviction rates of defendants represented by assigned counsel is significantly lower than those represented by contract attorneys and public defenders.
B) The conviction rates of defendants represented by public defenders is significantly lower than those represented by assigned counsel, contract attorneys, and private attorneys.
C) The conviction rates of defendants represented by private attorneys is significantly lower than those represented by assigned counsel, contract attorneys, and public defenders.
D) The conviction rates of defendants represented by assigned counsel, contract attorneys, public defenders, and private attorneys are virtually identical.

Question 34

A total of 47 states elect their prosecutors.

Question 35

This model describes the courtroom as the process of speedily moving cases through the system.

A) crime control model
B) due process model
C) consensus model
D) adversarial model

Question 36

Assigned counsel is a salaried lawyer paid by the government who works full time to provide legal defense to the indigent defenders.

Question 37

During this stage of the adversarial process, the suspect is brought before a judicial official and informed of charges.

A) arraignment
B) indictment
C) initial appearance
D) grand jury

Question 38

This model describes the court room as a battlefield ______.

A) crime control model
B) due process model
C) adversarial model
D) consensus model

Question 39

Charge bargaining refers to defendants pleading guilty to some of the charges and others are in return dropped.

Question 40

This model stresses the need for protecting suspects against the power of police, prosecutors, and judges.

A) crime control model
B) due process model
C) consensus model
D) adversarial model

Question 41

There are several justifications offered to justify public attorneys' defense of criminal defendants. Several of these are listed in Table 7.1 of your textbook. Which do you find most persuasive and why?

Question 42

Prosecutors are appointed by judges in most states.

Question 43

Charge bargaining is an incentive for defendants to plead guilty.

Question 44

A very small amount of cases result in plea bargains.

Question 45

Consensus bargaining refers to the defendant pleading guilty to a less serious charge for a lesser prison sentence.

Question 46

In Strickland v. Washington, the U.S. Supreme Court held that when a lawyer commits a serious error at trial the verdict will be automatically reversed.

Question 47

Why did plea bargaining replace the trial as the primary mechanism for determining guilt in criminal courts? Include "mutuality of advantage" in your answer.

Question 48

Count bargaining refers to the defendant pleading guilty to some of the charges and others are in return dropped.

Question 49

Identify and explain how Indigent defense came about in the United States.

Question 50

Grand Jury proceedings are conducted in public.

Question 51

Briefly explain the characteristics of legal representation before a Grand Jury.

Question 52

Public hearings were intended to protect individuals against prosecutorial abuse of power.

Question 53

In Gideon v. Washington the U.S. Supreme Court held that the 1st Amendment guarantees individuals charged with a felony access to a lawyer in criminal prosecutions.

Question 54

Explain the three stages of the inquisitorial system found in Europe.

Question 55

Europe follows the inquisitional legal system.