Deck 10: Prosecution and Defense

Question 1

Which of the following best describes the discretion given to a prosecutor?​

A) ​Limited discretion
B) ​Variant discretion
C) ​Broad discretion
D) ​Relative discretion

Answer 1

C

Question 2

The process of a prosecutor sharing information with the defense is called​

A) ​nolle prosequi.
B) ​legal sufficiency.
C) ​probable cause.
D) ​discovery.

Answer 2

D

Question 3

Which of the following is a factor that increases the power of prosecutors?​

A) ​Many of their decisions are hidden from public view.
B) ​They must have a judge sign off on any decision to drop a case.
C) ​They are dependent on the defense attorney for witness statements.
D) ​Jurisdictional boundaries are sometimes confusing.

Answer 3

A

Question 4

When prosecutors are merely asking whether there is enough evidence to serve as a basis for prosecution,they are operating according to the _______ model.

A) ​system efficiency
B) ​legal sufficiency
C) ​trial sufficiency
D) ​trial efficiency

Question 5

Nolle prosequi refers to the​

A) ​decision of the prosecutor to drop a case.
B) ​process of determining probable cause.
C) ​questioning of a jury in a criminal case.
D) ​power of the prosecutor to bring charges.

Question 6

Which of the following is not a name given to a prosecuting attorney?​

A) ​District attorney
B) ​State's attorney
C) ​Commonwealth attorney
D) ​The people's attorney

Question 7

Which of the following is considered a distinct role of a prosecutor?​

A) ​Trial counsel for the police
B) ​House counsel for the police
C) ​Representative of the court
D) ​All of the above

Question 8

What is the most common method of selection for the job of county prosecutor?​

A) ​Merit selection
B) ​Appointed
C) ​Elected
D) ​Volunteer

Question 9

Prosecutors are considered to have the central role in the justice process because they​

A) ​issue verdicts that determine defendants' guilt.
B) ​have exchange relations with many other actors.
C) ​issue indictments to initiate charges.
D) ​hire and supervise police chiefs and sheriffs.

Question 10

How might public opinion affect a prosecutor's decision to try a certain case?​

A)​Prosecutors conduct surveys of the community to determine which cases are most important.
B)​Prosecutors are elected, so their decisions should reflect community values.
C)Prosecutors have no discretion to try cases-they must bring every case they receive to court.
D) ​Prosecutors keep the community happy by having low conviction rates.

Question 11

The person who represents accused and convicted persons in the criminal justice system is called the​

A) ​clerk of courts.
B) ​state's attorney.
C) ​defense attorney.
D) ​judicial attorney.

Question 12

Which of the following is true concerning public attitudes about admitting a voluntary admission when received before the suspect's retained lawyer was present?​

A) ​A majority of the public supports the admitting of the evidence.
B) ​A majority of the public opposes the admitting of evidence.
C) ​The public unanimously opposes the admitting of evidence.
D) ​None of the above apply.

Question 13

When a defense attorney makes arguments for a client,whom the attorney expects will actually accept a plea bargain rather than face the risk of a jury verdict,this is called​

A) ​agent-mediator.
B) ​slow plea of guilty.
C) ​beleaguered dealers.
D) ​agent guilty.

Question 14

After deciding that a case should be filed against an offender,the next step of the prosecutor is to determine​

A) ​whether to seek the death penalty.
B) ​which charges to file against the offender.
C) ​whether the evidence was collected in accordance with constitutional regulations.
D) ​whether the police used excessive force in apprehending the offender.

Question 15

What is a "prosecution complex"?​

A) ​When an offender fears unfair treatment by the prosecutor
B) ​When a judge sides with the prosecutor in a court decision
C) ​When a defense attorney comes to believe he or she represents the state
D) ​When prosecutors view themselves as an instrument of law enforcement

Question 16

Charges are not likely brought against offenders when victims​

A) ​are upstanding members of society.
B) ​are not credible.
C) ​want the offender prosecuted.
D) ​are trustworthy.

Question 17

When a case is accepted and charges are made only if there is enough evidence to ensure conviction,a prosecutor is operating according to the _______ model.

A) ​system efficiency
B) ​legal sufficiency
C) ​trial sufficiency
D) ​legal efficiency

Question 18

Which of the following is not true about defense attorneys?​

A) ​Defense attorneys often provide psychological support for defendants and their families.
B) ​Defense attorneys advise defendants of their constitutional rights.
C) ​Defense attorneys act in accordance with their image on television dramas.
D) ​Defense attorneys must maintain relationships with prosecutors and judges to be effective.

Question 19

The television image of defense attorneys as strong advocates for their clients is based on the ______ model.

A) ​crime control
B) ​due process
C) ​equal protection
D) ​celebrity

Question 20

Which of the following is not true concerning the role of a prosecutor?​

A) ​A prosecutor has considerable discretion in the criminal justice system.
B) ​A prosecutor is influenced by other actors in the criminal justice system.
C) ​A prosecutor has independent authority to decide how to handle each case.
D) ​A prosecutor has limited influence in the early stages of the criminal justice process.

Question 21

The chief legal officer of the state is the ____________________.

Question 22

A defense attorney who works to prepare the defendant for the likely outcome of punishment and who helps persuade the defendant to plead guilty is said to be performing which role?​

A) ​Agent-mediator
B) ​Slow plea of guilty
C) ​Beleaguered dealer
D) ​Beleaguered guilty

Question 23

Information is made available by prosecutors to defense attorneys during the ____________________ process.

Question 24

A prosecutor who believes his or her main function is to give legal advice so arrests will stand up in court has taken on the role of ____________________ for the police.

Question 25

Which of the following roles played by prosecutors is most responsive to public opinion?​

A) ​Trial counsel for the police
B) ​House counsel for the police
C) ​Representative of the court
D) ​Elected official

Question 26

The legal attorney who represents the accused is called a(n)____________________.

Question 27

Which of the following statements is true about attorney competence?​

A) ​The U.S. Supreme Court has ruled that defendants are entitled to adequate counsel.
B) ​Attorneys assigned to death penalty cases must have appropriate training.
C) ​The only attorneys allowed to serve on criminal cases must have degrees in criminal law.
D) ​The U.S. Supreme Court has not clearly defined what "competent" means.

Question 28

Why might a prosecutor not seek to file charges on behalf of a prostitute who is raped?​

A) ​She has a criminal record.
B) ​The jury may believe she played a role in her victimization.
C) ​Prosecutors may not believe the victim is deserving of their attention.
D) ​All of the above are correct.

Question 29

What U.S.Supreme Court case involved setting standards for effective assistance of counsel?​

A) ​United States v. Cronic (1984)
B) ​United States v. Leon (1984)
C) ​New York v. Quarles (1984)
D) ​Mapp v. Ohio (1961)

Question 30

____________________ defendants cannot afford to hire a private attorney.

Question 31

Officials responsible for prosecuting crimes against the federal government are called ____________________.

Question 32

Which of the following is an attorney who is employed on a full-time,salaried basis by the government to represent indigents?​

A) ​public defender
B) ​assigned counsel
C) ​contract counsel
D) ​legal aid attorney

Question 33

Community prosecution​

A) ​is similar to the crime control model of law enforcement.
B) ​gives prosecutors responsibility for specific neighborhoods.
C) ​gives prosecutors limited access to police.
D) ​is an impersonal method of prosecution compared to current systems.

Question 34

Each separate offense for which a person is charged is called a (n)____________________.

Question 35

_________ evidence is not available to prove innocence in most cases.

Question 36

An attorney employed on a full-time basis by the government to represent the poor is called a(n)____________________.

Question 37

Which of the following is true about public defenders?​

A) ​They represent the state against criminal defendants.
B) ​They easily gain the trust of their clients.
C) ​They often face a heavy caseload.
D) ​Their interests are purely financial.

Question 38

Prosecutors wishing to maintain a high ____________________ rate will drop cases with weak evidence.

Question 39

The series of events from the arrest of a suspect to the filing of a formal charge is called the ____________________ process.

Question 40

The ____________________ model seeks to determine whether there is enough evidence to serve as a basis for prosecution.

Question 41

Some communities may prefer that punishment for crimes such as prostitution or gambling are not important for the prosecutor to pursue.

Question 42

The "slow plea of guilty" occurs when decision makers have already made up their minds about the case,but the defense attorney goes through the motions of putting up a fight against the decision.

Question 43

The prosecutor's complex occurs when prosecutors push to close each case with a conviction and lack the ability to objectively evaluate whether the evidence truly shows the defendant is guilty.

Question 44

The largest group of attorneys in full-time criminal practice makes small fees for cases either as retained or assigned counsel.

Question 45

Prosecutors are not influenced by the political system.

Question 46

The development of ____________________ testing has freed many innocent people who were wrongly incarcerated.

Question 47

In most cases involving plea bargains and dismissals,defense attorneys are more like a cooperating partner and less like an all-out adversary to a prosecutor.

Question 48

During the discovery process,it is legal for a prosecutor to hide from a defense attorney any evidence that tends to show that the defendant is actually innocent.

Question 49

Defense attorneys should never offer psychological support to their clients.

Question 50

When a private attorney is chosen by a court to represent an indigent,this is referred to as ____________________.

Question 51

The state's governor appoints most local prosecutors.

Question 52

Most criminal defense lawyers are able to become wealthy because there are so many rich celebrities and professional athletes who get into trouble with the law.

Question 53

Prosecutors have great influence at virtually every stage of the criminal justice process.

Question 54

The job of the defense attorney is accurately depicted in most legally themed television shows.

Question 55

A private attorney who contracts with the government to represent all indigents is called ____________________.

Question 56

In most states,no higher authority can second guess or change the decision of a prosecutor.

Question 57

Close cooperation between prosecutors and police is automatic in every case because of their similar views of crime and the fact that they work for the same sponsoring organization.

Question 58

Because trials are so infrequent,defense attorneys' working lives tend to be quite different than the lives of attorneys as portrayed on television.

Question 59

Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict innocent people.

Question 60

Although they cooperate in many cases,public defenders are sufficiently independent of prosecutors and judges to make choices about whether to seek a trial or to negotiate a plea.

Question 61

Some say that prosecutors have more power than judges in the courtroom.Would you agree or disagree with this statement? Be sure to explain your answer.

Question 62

Most cases are handled by criminal lawyers who must quickly process a large volume of cases for small fees.

Question 63

Findings from research have indicated there is little difference in outcomes between private attorneys,public defenders,contract counsel,and assigned counsel.

Question 64

Prosecutors' _________ and interactions with police,victims,defense attorneys,judges,and the community form the core of the exchange relations that shape decision making in criminal cases.

A) ​relationships
B) ​cases
C) ​discretion
D) ​decisions

Question 65

What method would you suggest for providing effective counsel to indigent defendants?​

Question 66

The U.S.Supreme Court has clearly defined the term "ineffective counsel."​

Question 67

Assigned counsel are attorneys employed full time by the government to provide defense services to those offenders who cannot afford their own attorneys.

Question 68

________ defense attorneys now handle up to 85% of the cases in many places.

A) ​Publicly funded
B) ​Retained counsel
C) ​Corporate
D) ​Federal

Question 69

Most states use the "contract counsel" method of providing attorneys for those who cannot afford their own attorneys.

Question 70

Discuss the key relationships of the prosecutor with others in the criminal justice system.

Question 71

Some scholars have called defense attorneys ______ because they often work to prepare the defendant for the likely outcome of the case-usually conviction.

A) ​case builders
B) ​agent-mediators
C) ​arrangement-mediators
D) ​prison builders

Question 72

_______ defendants are those who are too poor to afford their own lawyers.

A) ​Guilty
B) ​Innocent
C) ​Indigent
D) ​Retained

Question 73

What impact do budget cuts have for both prosecutors' officers and public defenders? Does this affect your view of how justice is served?​

Question 74

The _________ sufficiency model aims at speedy and early disposition of a case.

A) ​legal
B) ​trial
C) ​system
D) ​justification

Question 75

Defense attorneys frequently work with prosecutors to process cases,which is inconsistent with the idea of an "adversarial" court system.In your opinion,does this help or harm criminal defendants? Explain why you feel that way.

Question 76

The prosecutor represents the accused or convicted offenders in their dealings with criminal justice officials.

Question 77

Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that they are paid by the state.

Question 78

Scholars often view public defenders as generally better than assigned counsel because public defenders are full-time government employees who are specialists in criminal law.

Question 79

An entry made by a prosecutor on the record of a case and announced in court to indicate that the charges specified will not be prosecuted is referred to as​

A) ​discovery.
B) ​counts.
C) ​nolle prosequi.
D) ​trial.

Question 80

The majority of convicted offenders serving time in state prisons were indigent defendants who received publicly provided defense attorneys.