Question 1

The investigatory process of the criminal justice system does not include:&#10;A)arrest.&#10;B)interrogation.&#10;C)search and seizure.&#10;D)preliminary hearings.

Accepted Answer

The investigatory process includes arrest, interrogation, search and seizure. However, preliminary hearings occur during the adjudicatory process, after the suspect has been formally charged.

Question 2

The right to counsel attaches at the commencement of:&#10;A)the booking process.&#10;B)grand jury investigations.&#10;C)adversary judicial proceedings.&#10;D)police investigation of a suspect.

Accepted Answer

The Sixth Amendment of the U.S. Constitution guarantees the right to counsel in "all criminal prosecutions." The Supreme Court has interpreted this to mean that the right to counsel attaches at the commencement of "adversary judicial proceedings," which includes any proceedings where the defendant's liberty is at stake, such as arraignments, preliminary hearings, and trials. The right does not attach during police investigations or booking, although the suspect has the right to remain silent and the police must advise them of that right. The right also does not attach during grand jury investigations, which are considered part of the pre-indictment investigative process. The right to counsel attaches at the commencement of adversary judicial proceedings, which includes any formal charges being brought against an individual in court. This does not include the booking process or police investigations, where a suspect has not yet been formally charged with a crime. It also does not include grand jury investigations, which are not considered adversarial proceedings.

Question 3

The states may:&#10;A)reduce individual rights below the federal constitutional level.&#10;B)increase individual rights beyond the federal level.&#10;C)violate due process to serve a compelling state need.&#10;D)accept or reject due process according to the state constitution.

Accepted Answer

States cannot reduce individual rights below the federal constitutional level or violate due process, but they can increase individual rights beyond the federal level.

Question 4

Legal guilt focuses on:&#10;A)a showing that in all probability the defendant committed the crime.&#10;B)the procedurally correct manner of determining guilt.&#10;C)definitions of proof beyond a reasonable doubt.&#10;D)direct, not circumstantial evidence.

Accepted Answer

Legal guilt focuses on the procedurally correct manner of determining guilt. It is not necessarily about proving that the defendant committed the crime beyond a reasonable doubt, or relying on direct evidence over circumstantial evidence. It is about ensuring that the appropriate legal process is followed in determining whether someone is guilty of a crime.

Question 5

Factual guilt focuses on:&#10;A)a showing that in all probability the defendant committed the crime.&#10;B)obtaining the defendant's confession.&#10;C)definitions of proof beyond a reasonable doubt.&#10;D)methods used to establish guilt.

Accepted Answer

Factual guilt refers to proving that the defendant most likely committed the crime through evidence and testimony presented in court. This includes establishing a strong case "beyond a reasonable doubt" that the defendant is guilty of the crime. Obtaining a confession may support factual guilt, but it is not essential for proving the defendant's guilt. Similarly, methods used to establish guilt are important but do not define factual guilt itself. Factual guilt focuses on proving with evidence, beyond a reasonable doubt, that the defendant committed the crime. It is not solely dependent on obtaining a confession or the method used, but rather on the probability of the defendant's involvement in the crime.

Question 6

An indigent is entitled to court-appointed counsel when:&#10;A)arrested.&#10;B)charged with any crime.&#10;C)tried for an offense involving confinement.&#10;D)charged with a felony.

Accepted Answer

According to the Sixth Amendment of the U.S. Constitution, an indigent defendant is entitled to court-appointed counsel in criminal cases that involve confinement, such as misdemeanors or felonies. Therefore, option C is the correct answer as it specifies an offense involving confinement. The other options (A, B, and D) are not necessarily accurate as an individual may not always be entitled to court-appointed counsel if they are only arrested or charged with a crime, regardless of whether it is a felony or not. According to the Supreme Court case Gideon v. Wainwright, an indigent defendant is entitled to court-appointed counsel when they are tried for an offense involving confinement. This includes any offense that carries the possibility of imprisonment, such as a felony, as well as some misdemeanors that can result in jail time. However, simply being arrested or charged with a crime does not automatically entitle an indigent defendant to court-appointed counsel.

Question 7

Attorney-client communications are privileged unless:&#10;A)the attorney is court appointed.&#10;B)the court orders that the communications be revealed.&#10;C)the communications were recorded by eavesdropping.&#10;D)the communications involve a crime or fraud.

Accepted Answer

Attorney-client privilege can be waived if the communications involve committing a crime or fraud. This exception allows the attorney to reveal information conveyed by the client in order to prevent harm that could be caused by criminal or fraudulent behavior. Choices A, B, and C are incorrect because court appointment, court orders, and eavesdropping do not automatically waive attorney-client privilege. Attorney-client communications are generally considered privileged and cannot be disclosed unless the client waives the privilege or an exception applies. One such exception is if the communication involves a crime or fraud. In this case, the attorney may be required to disclose the information to the court or authorities. Choices A and C are incorrect because court-appointed attorneys and illegally obtained communications are still subject to privilege. Choice B is partially correct, as a court order may override the privilege, but it is not a general exception to the privilege itself.

Question 8

The adjudicative stage does not include:&#10;A)interrogation.&#10;B)preliminary hearings.&#10;C)bail determinations.&#10;D)pretrial motions.

Accepted Answer

Interrogation is not a part of the adjudicative stage, which is the stage of the criminal justice system in which a judge or jury determines the guilt or innocence of a defendant. Interrogation typically occurs during the investigative stage of a criminal case, before charges are filed and before the case reaches the adjudicative stage. The other options - preliminary hearings, bail determinations, and pretrial motions - are all proceedings that can occur during the adjudicative stage of a criminal case. Interrogation occurs during the investigative stage, before the adjudicative stage begins. The adjudicative stage includes all actions that occur after a person has been charged with a crime, such as preliminary hearings, bail determinations, and pretrial motions.

Question 9

The defendant's right to self-representation is:&#10;A)subject to the trial court's discretion.&#10;B)absolute, if a voluntary waiver of counsel is made.&#10;C)a matter of grace, not a right.&#10;D)balanced against the state's interest in efficient proceedings.

Accepted Answer

The defendant's right to self-representation is absolute if a voluntary waiver of counsel is made. This was established in the landmark case Faretta v. California in 1975. However, the court can still revoke this right if the defendant is disruptive or acting against their own best interest. The defendant's right to self-representation is an absolute right if the defendant makes a voluntary and knowing waiver of the right to counsel. However, if the defendant is deemed incompetent or unable to represent themselves, the court may exercise its discretion to appoint counsel.

Question 10

The Crime Control Model emphasizes:&#10;A)determination of factual guilt or innocence.&#10;B)victims' rights.&#10;C)adherence to procedure.&#10;D)the regulation of police.

Accepted Answer

The Crime Control Model emphasizes determination of factual guilt or innocence, advocating for swifter and more efficient justice through the use of aggressive policing and prosecution. It prioritizes the protection of society through the apprehension and conviction of criminals, over individual rights and liberties. The Crime Control Model emphasizes determination of factual guilt or innocence through swift and efficient processing of cases to ensure that the guilty are apprehended and punished, which can result in sacrificing some individual rights and due process protections.

Question 11

The Due Process Model emphasizes:&#10;A)victims' rights.&#10;B)the needs of law enforcement agencies.&#10;C)adherence to procedure.&#10;D)determination of factual guilt or innocence.

Accepted Answer

The answer of The Due Process Model emphasizes:&#10;A)victims' rights.&#10;B)the needs...

Question 12

Due process of law means:&#10;A)absolute adherence to all procedural requirements.&#10;B)controlling the means by which the government enforces the law.&#10;C)determining the truth by whatever means are necessary.&#10;D)that the end justifies the means.

Accepted Answer

The answer of Due process of law means:&#10;A)absolute adherence to...

Deck 8: Introduction to Procedure and the Right to Counsel