Deck 9: Pretrial Procedures the Adversary System in Action

Question 1

The purpose of the arraignment is to allow the defendant an opportunity to hear the charges against him or her,and enter a plea.

Answer 1

True

Question 2

The primary purpose of discovery is for the

A)prosecutor to seek evidence for conviction.
B)judge to set the trial parameters for evidence.
C)defense to obtain information from the judge.
D)defense to request information from the prosecutor.

Answer 2

D

Question 3

Prosecutors have the option to dismiss cases through a nolo contendere.

Answer 3

False

Question 4

The American justice system is classified as

A)democratic.
B)autocratic.
C)symbolic.
D)adversarial.

Question 5

What is the defense attorney's largest responsibility?

A)Ensure a not guilty verdict
B)Make sure the defendant does not serve time in prison or jail
C)File motions to dismiss charges
D)Serve as advocate for the defendant

Question 6

The right to counsel is guaranteed in the Sixth Amendment.

Question 7

Why would a defendant sign a Boykin form?

A)To acknowledge waiving his or her right to counsel
B)To acknowledge waiving his or her right to a trial
C)To acknowledge voluntarily making a guilty plea
D)To admit what crime he or she committed

Question 8

Who is responsible for issuing an indictment?

A)Judge or magistrate
B)Prosecutor
C)Grand jury
D)Attorney general

Question 9

Prosecutors have discretion to do all of the following EXCEPT

A)stop the prosecution of a defendant.
B)issue an indictment.
C)determine the level of criminal charges to be brought against a suspect.
D)determine if an individual will be charged with a crime.

Question 10

The relationship between law enforcement and the prosecutor's office is symbiotic in nature.

Question 11

About 50% of all criminal convictions are the result of plea bargaining.

Question 12

What is one reason prosecutors may decide to dismiss cases?

A)Failure of plea bargain
B)unreliable victims
C)application of nolo contendere
D)reputation of defense attorney

Question 13

The plea bargaining process takes place once a guilty plea has been entered.

Question 14

Which of the following is the most important factor when prosecutor consider whether or not to proceed with a prosecution?

A)Whether or not there is sufficient evidence for conviction
B)Whether or not the defendant is willing to testify against his or her accomplices
C)Whether or not the victim is willing to cooperate with the prosecution
D)Whether the community desires the prosecution of the offender

Question 15

Police officers are often concerned with ,while prosecutors are concerned with .

A)factual guilt,legal guilt
B)assumed guilt,real guilt
C)practical guilt,assessed guilt
D)legal guilt,evidential guilt

Question 16

Indigent defendants may choose the attorney who will serve as their public defender.

Question 17

Release on recognizance is a condition of sentencing.

Question 18

Bail is a constitutional right.

Question 19

The attorney general within each state has direct control over all prosecutors within the state's boundaries on all
legal matters.

Question 20

What is the most important factor a prosecutor considers when deciding on criminal prosecution?

A)Existing caseloads
B)Police certainty of guilt
C)Sufficient evidence for conviction
D)The victim's wishes

Question 21

Which case did the U.S.Supreme Court hold that the state must provide counsel to those who cannot afford to hire one for themselves?

A)Berger v.United States(1935)
B)Gideon v.Wainwright(1963)
C)Argersinger v.Hamlin(1972)
D)United States v.Zolin(1989)

Question 22

If a grand jury finds that probable cause exists,they will issue a(n) against the defendant.

A)indictment
B)complaint
C)information
D)verdict

Question 23

Under what circumstance may an attorney break attorney-client privilege?

A)His or her client discloses information about a crime that has not yet been committed
B)The client confesses to crimes that remain officially unsolved.
C)The client confesses to the murder of a child
D)The client confesses to sexual assaults or rapes

Question 24

What title is given to the chief law officer of the state?

A)Attorney general
B)Chief Prosecutor
C)District attorney
D)General counsel

Question 25

As an elected official,the prosecutor must answer to

A)law enforcement.
B)the voters.
C)judges.
D)the American Bar Association.

Question 26

The requires the court,in effect,to take the place of the bond agent.

A)property bond
B)ten percent bond
C)ten percent cash bail
D)IOU

Question 27

What factor would not influence a judge's decision­making process in setting bail?

A)age of defendant
B)uncertainty
C)risk
D)overcrowding of jails

Question 28

During which proceeding is an accused advised of the charges,right to counsel,and applicable bail?

A)Initial appearance
B)Preliminary hearing
C)Time of arrest
D)Arraignment

Question 29

In which case did the U.S.Supreme Court uphold preventive detention?

A)Santobello v.New York(1971)
B)Boykin v.Alabama(1969)
C)Brady v.United States(1970)
D)United States v.Salerno(1987)

Question 30

Which Amendment addresses bail?

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

Question 31

According to the text,which of the following is not a factor in a judge's decision to set bail?

A)The risk the defendant will commit another offense
B)The victim's wishes
C)The risk the defendant will fail to appear
D)Overcrowded jails

Question 32

A(n) is an alternative to posting bail in cash by which the defendant may gain pretrial release.

A)property bond
B)ten percent bond
C)ten percent cash bail
D)IOU

Question 33

When the prosecutor raises the level of the charges above where it should be in order to induce a plea bargain,(s)he is participating in

A)vertical overcharging.
B)unethical overcharging.
C)horizontal overcharging.
D)lateral overcharging.

Question 34

An alternative a judge may use to the bail system is

A)release on recognizance
B)parole
C)preventative detention
D)revocation of bail

Question 35

Which action occurs during the arraignment?

A)The defendant is sentenced
B)The prosecutor presents evidence establishing probable cause
C)The defense files a motion to dismiss charges
D)The defendant enters a plea

Question 36

Which of the following is not one of the methods used for assigning attorneys to represent indigent defendants?

A)Public defender programs
B)Law school training programs
C)Assigned counsel programs
D)Contracting attorney programs

Question 37

Unless the defendant consents to disclosure,communication between client and attorney is subject to

A)attorney-client privilege
B)discovery
C)rules of engagement
D)private conversation

Question 38

Which case did the U.S.Supreme Court extended the entitlement to state-provided counsel to juveniles?

A)Berger v.United States(1935)
B)Gideon v.Wainwright(1963)
C)Argersinger v.Hamlin(1972)
D)In re Gault(1967)

Question 39

In which case did the U.S.Supreme Court hold that plea bargaining is "an essential [and] highly desirable" part of the criminal justice process.

A)Santobello v.New York(1971)
B)Boykin v.Alabama(1969)
C)Brady v.United States(1970)
D)North Carolina v.Alford(1970)

Question 40

A judge's order that releases an accused from jail with the understanding that he or she will return of his or her own will for further proceedings is called

A)release on recognizance
B)house arrest
C)home stay
D)revocation of bail

Question 41

Robert Champion died as a result of physical abuse.Which screening factor might be important given the fact that he died during a time-honored tradition at Florida A&M as opposed to being killed during a robbery?

A)a defendant who is willing to testify against other offenders
B)uncooperative victim
C)offense seriousness
D)sufficient evidence for conviction

Question 42

If the manslaughter charge brought by Jeff Ashton evolved out of sympathy for the victim and his family,this might constitute a

A)conflict of interest
B)bargain down
C)post bail
D)flee the county

Question 43

Upwards of twenty-five students participated in the hazing of Champion.How does this complicate the prosecutors ability to bring a case to a jury?

A)It may be difficult to determine which blow actually caused the death of Champion.
B)There is no way to tell who struck hardest.
C)The law requires specificity,while the situation in legal terms was ambiguous.
D)All of these choices

Question 44

The defendant is informed of the charges,advised of the right to counsel,told the amount of bail,and given a date for the preliminary hearing during the .

Question 45

The textbook points out that police officers often focus on factual guilt,whereas prosecutors are ultimately concerned with guilt.

A)legal
B)obvious
C)abstract
D)Constitutional

Question 46

What reason may possibly explain why Phillip Cheatham,Jr.'s defense attorney would describe him as a "shooter of people?"

A)He wanted to show the voting public he was "tough on crime."
B)Cheatham had privately confessed to the attorney.
C)He was tired and confused from running a gubernatorial campaign.
D)He wasn't making a lot of money defending Cheatham.

Question 47

The manslaughter charge brought by Jeff Ashton,the new prosecutor,may induce the defendants to

A)plea bargain
B)bargain down
C)post bail
D)flee the county

Question 48

Lamar charged some of the participants during the hazing incident with third degree felony hazing,which carries a maximum penalty of fiveyears in prison.This lower charge,as opposed to manslaughter with a fifteen year maximum,is not likely to induce a

A)All of these choices
B)guilty plea
C)plea of nolo contendere
D)plea bargain

Question 49

The system is the legal system in which the court arrives at a decision of guilt or innocence based
on evidence presented by the contestants-prosecutor and defender.

Question 50

Both Lawson Lamar and Jeff Ashton's job title might have been any of the following except

A)state's attorney
B)public prosecutor
C)county prosecutor
D)attorney general

Question 51

Police officers often focus on factual guilt,whereas prosecutors are ultimately concerned with
.

Question 52

As was the case in this instance,the prosecutor examined the evidence in order to potential cases.

A)pursue
B)delegate
C)join
D)screen

Question 53

Based on information in the preface,why might Cheatham's defense attorney have wished to project a "tough on crime" persona?

A)He was running for governor.
B)He considered himself a crime fighter.
C)He really wanted to be a prosecutor.
D)His supervisor expected him to behave in this way.

Question 54

Who was responsible for presenting evidence during the trial that Cheatham was driving to Chicago at the time of the shootings?

A)defense attorney
B)judge
C)prosecutor
D)baliff

Question 55

Most prosecutors consider several factors in making the decision to prosecute or "noll." Given the information in the preface,which of those factors might provide the best opportunity to the prosecutor not to noll?

A)a defendant who is willing to testify against other offenders
B)uncooperative victim
C)offense seriousness
D)sufficient evidence for conviction

Question 56

Which defense responsibility did Cheatham's defense attorney fail at?

A)Preparation of the case for trial
B)Submission of valid expense vouchers
C)Communication with the prosecutor(including plea bargaining)
D)Representation of the defendant during the custodial process

Question 57

detention allows judges to deny bail to suspects with prior records of violence or nonappearance for trial.

Question 58

Court-appointed attorneys who are paid by the state to represent those unable to afford counsel are called
.

Question 59

When Jeff Ashton,the new prosecutor,increased the charges to manslaughter with its fifteen year maximum sentence,might be an example of

A)plea bargaining
B)bargaining down
C)horizontal overcharging
D)vertical overcharging

Question 60

A charge or written accusation,issued by a grand jury is a(n) .

Question 61

The formal investigation by each side prior to trial is called .

Question 62

Nolo contendere means "I will not contest it" referring to the criminal charges.

Question 63

A is the group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged.

Question 64

is the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings.

Question 65

are often young attorneys recently graduated from law school whom the prosecutor are assigned to particular sections of the organization.

Question 66

The chief law officer of a state; also,the chief law officer of the nation is called the .

Question 67

The hearing is conducted in the manner of a mini-trial.

Question 68

Individuals,acting as trial lawyers,who initiate and conduct cases in the government's name and on behalf of the
people are called .

Question 69

In Gideon v.Wainwright(1963),the U.S.Supreme Court held that any person coming to court whose freedom is jeopardized is entitled to .

Question 70

The American criminal court operates as an system.

Question 71

If a judge authorizes ,the defendant is released once the security is posted.

Question 72

A form must be completed by each defendant who pleads guilty,stating that he or she has done so voluntarily and with full comprehension of the consequences.

Question 73

After an arrest has been made,the first step towards determining innocence or guilt is the .

Question 74

The grand jury is responsible for determining .

Question 75

is a tool used to induce a defendant to plead guilty.

Question 76

The one who agrees,for a fee,to pay the bail amount if the accused fails to appear in court is called a

Question 77

List the different names given to public prosecutors and the general powers that they have.

Question 78

Public are trial lawyers who initiate and conduct cases in the name of the people.

Question 79

is the term used to describe the process through which prosecutors decide whether to prosecute each person arrested.

Question 80

is the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.