Deck 9: The Defense and Constraint on State Power

Question 1

According to the text, what are some of the main concerns of the procedural law?

A) the right to have a judge who shares the defendant's racial/ethnic status
B) the right to have the state post bail for the defendant
C) protection from double jeopardy
D) the right to have the defendant's attorney determine the charge

Answer 1

C

Question 2

Which is a limit of the discretionary power of the criminal justice system?

A) The state can only prosecute cases in which there is an eyewitness.
B) The police have the discretionary power to investigate, arrest, and interrogate subjects based upon probable cause that a criminal offense has been committed.
C) The state can only prosecute cases in which the defendant pleads guilty.
D) The state is not allowed to use more than $20,000 to prosecute each case.

Answer 2

B

Question 3

Jurisdiction does not include:

A) the level of court, state or federal
B) the authority to handle felony versus misdemeanor offenses
C) whether the case includes a constitutional issue
D) the obligation of the state to hear federal appeals

Answer 3

D

Question 4

Which is a compelling reason for the government to tread on Fourth Amendment rights and conduct a warrantless search?

A) It is permitted by the Eighth Amendment.
B) Permission is given by the chief of police or county sheriff.
C) The police have no idea what they're looking for.
D) Police may search if they believe evidence is likely to be destroyed before a warrant can be obtained.

Question 5

What information is not necessary in a warrant?

A) who is to be arrested
B) the place that is to be searched
C) the name of the prosecutor
D) the property or documents to be seized

Question 6

What is the grand jury's main purpose?

A) to provide unreasonable doubt
B) to gather enough information for a search warrant
C) to gather enough information for the defense attorney to mount an appeal
D) to require that the prosecutor to show enough evidence to indict the accused

Question 7

What is the ending of a trial before its regular conclusion because of procedural errors, the prejudicing of a jury, jury deadlock, or failure to complete the trial within a specified time limit called?

A) mistrial
B) pretrial
C) hung jury
D) arraignment

Question 8

The _____ specifies that suspects are not required to present evidence that can be used against them in court.

A) Fourth Amendment
B) Eighth Amendment
C) Fifth Amendment
D) Fourteenth Amendment

Question 9

Suspects may voluntarily waive these rights only after they have heard them.

A) Fifth Amendment rights
B) civil rights
C) Fourth Amendment rights
D) Miranda rights

Question 10

Which legislation requires the federal government to initiate prosecutions within 100 days of arrest?

A) Brady Act
B) Speedy Trial Act
C) USA PATRIOT Act
D) Timely Prosecution Act

Question 11

This is evidence in which the witness tells what others have said instead of telling what he or she knows.

A) third-party evidence
B) gossip evidence
C) exclusionary evidence
D) hearsay evidence

Question 12

What is the most common type of pretrial release?

A) bail
B) release-on-recognizance
C) probation
D) continuance

Question 13

This case set forth that indigent defendants have the right to court-appointed attorneys in felony cases.

A) Miranda v. Arizona
B) Gideon v. Wainwright
C) Weeks v. United States
D) In re Gault

Question 14

This is the traditional, customary, unwritten law of England that began to develop more than a thousand years before U.S. law.

A) English common law
B) English customary law
C) Magna Carta
D) English traditional law

Question 15

Under the_____, the courts decided that the inability to pay for an attorney should not be a limiting factor in the due process provided in the criminal trial.

A) Sixth Amendment
B) Fifth Amendment
C) Fourteenth Amendment
D) Eighth Amendment

Question 16

According to the text, what is not an advantage of a private defense attorney?

A) A private attorney works for the defendant.
B) A private attorney is likely able to invest more time and resources in investigating possible defenses.
C) A private attorney may know the courtroom workgroup better than a public defender.
D) Private defense attorneys may spend a great deal of time preparing for a case.

Question 17

This report assists a judge in sentencing and usually contains information about the offender's arrests, convictions, work history, and family.

A) post-sentence investigation report
B) presentence investigation report
C) discovery report
D) habeas corpus report

Question 18

A _____ is employed by the government and is assigned to provide legal defense to those who cannot afford a private attorney.

A) paralegal
B) private defense attorney
C) state prosecutor
D) public defender

Question 19

Which is not a primary indigent defense system?

A) contract system
B) state prosecutor
C) assigned counsel program
D) pro bono publico

Question 20

This is the initial hearing in which a defendant is advised of his or her rights and the procedure the court will follow.

A) first appearance
B) initial appearance
C) arraignment
D) all of the above

Question 21

Under what type of indigent defense system are attorneys assigned to cases as needed?

A) coordinated assigned counsel system
B) pro bono assigned counsel system
C) contract assigned counsel system
D) ad hoc assigned counsel program

Question 22

Pro bono means _____.

A) for no payment
B) for the common good
C) for the best clients
D) for the state

Question 23

In working within the courtroom workgroup, the defense attorney interacts most extensively with the _____.

A) judge
B) prosecutor
C) jury
D) witnesses

Question 24

Which is not a consideration the defense attorney will tell the client about when considering whether to plea bargain?

A) strength of the prosecutor's case
B) the composition of the jury
C) strength of the defense case
D) severity of charges

Question 25

According to the text, what is the ideal kind of jury for the defense?

A) sympathetic to the defendant
B) hostile to the defendant
C) completely objective
D) Any of the above would be ideal.

Question 26

In which type of defense reasoning must the prosecution prove that the defendant committed the offense?

A) I didn't do it (reasonable doubt).
B) I didn't do it (alibi).
C) I didn't do it (presumption of innocence).
D) all of the above

Question 27

In which type of defense reasoning does the defense attorney present evidence showing that the defendant could not have committed the offense because he or she was not at the location when the offense was committed?

A) I didn't do it (alibi).
B) I did it but ... (I was insane).
C) I didn't do it (presumption of innocence).
D) I did it, but ... (It was entrapment).

Question 28

In these cases, the defendant argues that the government enticed them to break the law.

A) exclusionary
B) alibi
C) insanity
D) entrapment

Question 29

In this type of case, the defense may argue that the court no longer has jurisdiction over the case because it was not considered in a timely fashion.

A) statute of limitations
B) entrapment
C) insanity
D) alibi

Question 30

One of the Constitution's founding principles is that the executive branch of government should have more power than the legislative or judicial branches.

Question 31

As a member of the courtroom workgroup, the defense attorney is usually considered the most important actor.

Question 32

The defense attorney must ensure that the prosecution follows the procedural rules in presenting the case against the defendant.

Question 33

Defense attorneys do not need to know exactly what charges are pressing against the accused and under what statute the case is being prosecuted to mount an effective defense.

Question 34

It is the defense attorney's job to prove innocence.

Question 35

At several points during the case, the defense attorney will question the prosecutor's case, both in private conversations with the prosecutor and in open court.

Question 36

The right to counsel is an ancient protection that dates back to Babylonian legal codes.

Question 37

Public defenders are employed by defendants and work only for defendants who can afford to pay them.

Question 38

The federal government and each state provide legal counsel for those who are indigent and cannot afford their own private defense counsel.

Question 39

Some jurisdictions neither elect nor appoint public defenders, but rather contract with local law firms to provide indigent defense services.