Deck 5: Prosecutors

Question 1

In colonial America, prosecution of a defendant was largely carried out by ______.

A) a judge
B) the local prosecutor
C) the colonial prosecutor
D) the victim

Answer 1

D

Question 2

How are federal U.S. Attorneys selected?

A) executive appointment
B) legislative vote
C) judicial appointment
D) popular vote

Answer 2

A

Question 3

Assuming good behavior, federal U.S. Attorneys serve terms for ______.

A) 4 years
B) 6 years
C) 8 years
D) life

Answer 3

A

Question 4

In the federal court system, the government is represented by ______.

A) the District Attorney
B) the Prosecuting Attorney
C) the State's Attorney
D) the U.S. Attorney

Question 5

Which of the following is true of most state systems of prosecution?

A) They are decentralized.
B) They are centralized.
C) They rarely prosecute cases.
D) none of these

Question 6

In the majority of states, how is the chief local prosecuting attorney selected?

A) executive appointment
B) legislative vote
C) judicial appointment
D) popular election

Question 7

Which of the following is not one of the elected prosecutors' daily duties?

A) manage the organization for the office
B) make court appearances
C) manage the long-term planning for the office
D) set policies and priorities

Question 8

Which model of prosecution assigns different prosecutors to each of the steps of a case?

A) step-by-step model
B) case-by-case model
C) horizontal model
D) vertical model

Question 9

Which model of prosecution assigns one single prosecutor to one entire case?

A) step-by-step model
B) case-by-case model
C) horizontal model
D) vertical model

Question 10

Under the mixed model of prosecution, which combines two other forms of prosecution, which of the two forms is used most frequently?

A) step-by-step model
B) case-by-case model
C) horizontal model
D) vertical model

Question 11

Which of the following is not a nonprosecutorial duty of prosecutors' offices?

A) victim assistance
B) civil asset forfeiture
C) alimony enforcement
D) child support enforcement

Question 12

Which of the following is not a common role of state prosecutors?

A) advising police during an investigation
B) offering opinions as to which suspect may be guilty
C) helping to prepare warrants
D) cooperating with police to work with witnesses

Question 13

Evidence that is favorable to the defendant is called ______.

A) exculpatory evidence
B) impeachment evidence
C) direct evidence
D) indirect evidence

Question 14

What must be at the core of the prosecutor's role in the criminal justice system?

A) appropriate conduct
B) prosecutorial conduct
C) ethical conduct
D) legitimate conduct

Question 15

Prosecutorial discretion is beyond judicial review unless the decision is based on which of the following?

A) race
B) gender
C) vindictiveness
D) all of these

Question 16

Typically, a prosecutor will charge a defendant with ______.

A) the most serious level of crime the defender is believed to have committed
B) the crime with the best chance of reaching a conviction
C) the crime worked out in advance with the defense attorney's office
D) the crime recommended to the prosecutor's office by the police investigator(s)

Question 17

Who establishes the starting point from which a plea bargain is reached?

A) the judge
B) the prosecutor
C) the defense attorney
D) the defendant

Question 18

What factor(s) do prosecutors consider in making a charging decision?

A) seriousness and nature of the offense
B) offender culpability
C) likelihood of conviction
D) all of these

Question 19

Impeachment evidence is any evidence that damages the ______.

A) prosecution's case
B) defendant's case
C) credibility of a witness
D) credibility of an alibi

Question 20

Which of the following is the most common result if a prosecutor deliberately fails to hand over required evidence to the defense?

A) The prosecutor is held in contempt of court.
B) The court dismisses the charges against the defendant.
C) The prosecutor is charged with obstruction of justice.
D) The evidence is handed over and the case retried.

Question 21

Which of the following will most consistently and severely chastise a young, "renegade" prosecutor?

A) the judge
B) other prosecutors
C) the defense attorney
D) the bailiff

Question 22

Which of the following is the primary purpose of the prosecutor during a trial?

A) obtain a conviction
B) seek justice
C) process the case as quickly as possible
D) secure the maximum sentence for the defendant

Question 23

Recently, the criminal justice system has moved toward which model of crime control?

A) proactive
B) retroactive
C) reactive
D) none of these

Question 24

Which of the following is not one of the core elements of community prosecution?

A) a proactive approach to crime
B) a defined target area
C) use of varied enforcement methods
D) prosecution of public order offenses

Question 25

In most offices, the chief state prosecutor functions more as a corporate manager than a prosecuting attorney.

Question 26

Prosecutorial misconduct will always result in sanctions.

Question 27

Assistant prosecutors are typically young attorneys looking for a large paycheck.

Question 28

The primary, overall job of the prosecutor's office is to represent the government in criminal cases.

Question 29

In the federal court system, the government is represented by the U.S. Attorney.

Question 30

One common role of state prosecutors is to work to legally enforce child support and child protection programs.

Question 31

In most cases, the lead police investigator of a case interviews witnesses before trial.

Question 32

Prosecutors work under a great deal of judicial oversight.

Question 33

Given their discretion, prosecutors may file charges against a suspect even if they know there is far too little evidence to obtain a conviction.

Question 34

State systems of prosecution are extremely decentralized.

Question 35

Aspects of the courtroom, such as plea bargains and its "assembly line" nature, are necessary in most cases to avoid becoming swamped by the large number of cases before them.

Question 36

Mandatory sentencing laws have increased the discretionary power of prosecutors.

Question 37

Establishing a solid partnership between the prosecutor, the community, and law enforcement is vital for community prosecution.

Question 38

What event typically causes most, if not all, of the U.S. Attorneys to be replaced?

Question 39

Discuss the significance of plea bargaining.

Question 40

Discuss the meaning of going rate.

Question 41

Discuss and define community prosecution.

Question 42

What are the three general models used by prosecutors' offices for prosecuting cases?

Question 43

Explain the dual system of criminal justice.

Question 44

What three key factors drive prosecutorial charging decisions?

Question 45

Discuss the significance of Brady v. Maryland (1963) and how it relates to exculpatory evidence.

Question 46

What are the nonprosecutorial duties of the prosecutor's office?

Question 47

Identify the three inherent contradictions in the job of the prosecutor as described in the text. Select one of these contradictions.

Question 48

Explain why it is that large prosecutors' offices have specialized units to deal with certain crimes and give the advantages of this system.

Question 49

What is community prosecution and what is the reason the criminal justice system has moved toward this form of prosecution?

Question 50

Explain the three key factors that drive a prosecutor's office in determining which cases to prosecute.

Question 51

Define exculpatory and impeachment evidence and give an example of each. What occurs if the prosecution purposefully refuses to disclose evidence? What occurs if it was due to an error in judgment rather than purposefully?