Deck 9: Pretrial Procedures: The Adversary System in Action

Question 1

The prosecutor in federal criminal cases is called the:

A) defense attorney
B) public prosecutor
C) U.S. Attorney
D) district attorney

Answer 1

C

Question 2

During the pretrial process, prosecutors have a great deal of discretion. Which of the following is NOT one of the areas where prosecutors have a great deal of discretion?

A) Whether an individual who has been arrested by the police will be charged with a crime.
B) The level of the charges to be brought against the suspect.
C) If and when to stop the prosecution.
D) Which judge will hear the case.

Answer 2

D

Question 3

Which of the following holds that the government must provide a public defender
For those defendants too poor to hire one for themselves?

A) The Strickland Standard
B) The Gideon Protection
C) attorney-client privilege
D) adversarial standard

Answer 3

B

Question 4

Grand juries are often compared to which of the following?

A) plea bargaining
B) assembly lines
C) the shield and the sword
D) wedding cake

Question 5

The Strickland Standard deals with which of the following?

A) attorney-client privilege between a defense attorney and a defendant
B) constitutional requirements of counsel
C) professional relationship between the prosecutor and the defense attorney
D) the judge's appointment of a public defender

Question 6

A(n) __________ is a(n) erroneous prediction that a defendant, if given pretrial release, would commit a crime, when in fact they would not

A) false positive
B) negative
C) risk
D) uncertainty

Question 7

Statistics show that the conviction rates of defendants with private counsel and those represented by publicly funded attorneys are:

A) generally the same
B) different in that those who have private attorneys are more likely to be convicted
C) different in that those who have public defenders are more likely to be convicted
D) are immeasurable because statistics regarding who has private or public defense are not kept

Question 8

Which of the following is true regarding defense attorneys?

A) They do not have to uphold attorney-client privilege.
B) They are required by law to conduct their work for indigent defendants from the goodness of the heart and without pay.
C) They are less likely than private attorneys to have a conviction that results in a prison sentence.
D) An indigent defendant cannot insist on a defense attorney that he cannot afford.

Question 9

A written accusation that probable cause exists to believe that a named person has
Committed a crime is known as:

A) actus reus
B) a conviction
C) an indictment
D) a subpoena

Question 10

An initial hearing in which a judge decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged is called a(n):

A) discovery
B) information
C) preliminary hearing
D) indictment

Question 11

Which of the following is an exception to the attorney-client privilege requirement?

A) If the defendant has committed an especially heinous crime.
B) If the defendant admits guilt to his attorney.
C) If the defendant admits knowledge of a crime that has yet to be committed.
D) If the defendant reveals a crime he has committed in the past that he is not currently being charged with.

Question 12

Which of the following is NOT one of the required basic features of the adversary system of justice?

A) Consists of a neutral and passive decision maker, either the judge or the jury.
B) There is a presentation of evidence from both parties.
C) There is a highly structured set of procedures.
D) There is testimony by the defendant if there is a trial.

Question 13

The chief law officer of the nation is the:

A) Director of the FBI
B) Attorney General
C) Commander in Chief
D) Public Prosecutor

Question 14

What is the MOST important screening factor the prosecutor considers when making the decision to prosecute?

A) whether or not there is sufficient evidence for conviction
B) whether or not the victim is reliable
C) whether or not the victim is cooperative
D) whether or not the defendant is willing to testify against others

Question 15

A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure is called:

A) attorney-client privilege
B) Gideon protection
C) Strickland standard
D) adversary

Question 16

The grand jury is often compared to being little more than a __________ for the
Prosecution.

A) stepping stone
B) rubber stamp
C) road block
D) mediator

Question 17

Which of the following is NOT another name for a prosecutor?

A) mediator
B) attorney general
C) county prosecutor
D) district attorney

Question 18

There is no uniform system for pretrial detention; each jurisdiction has its own general guidelines concerning the proper amount of bail that are called:

A) bail sentencing
B) bail guidelines
C) bail discovery
D) bail tariffs

Question 19

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

A) property bond
B) release on recognizance
C) bail
D) preventative detention

Question 20

In court the interests of the state or federal government are represented by the:

A) defendant
B) defense attorney
C) public prosecutor
D) victim

Question 21

In __________ cases, the primary responsibility to set bail lies with the judge.

Question 22

U.S. attorneys are nominated by the __________ and confirmed by the __________.

Question 23

Which of the following is a criticism of some defense attorneys when it comes to plea bargaining?

A) They have a desire to increase profit margins by quickly disposing of cases.
B) They encourage their client to plea bargain because they earn more money from the defendant by doing so.
C) They damage their relationship with the courtroom workgroup by doing so.
D) They are more competent than their private counterparts.

Question 24

Ideally, the defense attorney assures that the government proves every point against that client under the preponderance of evidence standard, even for cases that do not go to trial.

Question 25

_________ is a formal investigation prior to trial

Question 26

Defendants who plea bargain receive __________ sentences on average than those who go to trial and are convicted.

A) the same
B) slightly longer
C) slightly shorter
D) significantly shorter

Question 27

Many defendants plea bargain because it removes the risk that they may go to trial and face a less severe conviction.

Question 28

Plea bargaining accounts for what percent of convictions in state courts

A) 10%
B) 25%
C) 50%
D) 94%

Question 29

Preventive detention is the retention of an accused person in custody as a punishment for dangerous individuals.

Question 30

Most chief prosecutors are appointed (versus elected) officials in the United
States.

Question 31

Many lawyers rarely do trial work and focus on drafting documents and doing legal research instead.

Question 32

Which of the following is NOT a type of plea bargaining?

A) charge bargaining
B) sentence bargaining
C) count bargaining
D) discovery bargaining

Question 33

A(n) __________ system is a legal system in which the prosecution and defense are opponents and present their cases in the light most favorable to themselves.

Question 34

If a prosecutor does not have a very strong case, but still feels that the defendant is guilty, they may turn to plea bargaining to "save" a questionable case.

Question 35

What is the single goal of the prosecutor after charging a defendant with a crime?

A) rebuttal
B) acquittal
C) rehabilitation
D) conviction

Question 36

In the Miranda vs. Arizona case, the U.S. Supreme Court held that a defendant cannot be "assured a fair trial unless counsel is provided for him," and therefore the state must provide a public defender to those who cannot afford to hire one for themselves.

Question 37

A prosecutor is not usually willing to drop a case or reduce the charges against a defendant who is willing to testify against other offenders

Question 38

The average bail amount for violent felonies is highest for the crime of rape.

Question 39

Most criminal cases in the United States conclude with negotiated deals rather than trials.

Question 40

A __________ is a court-appointed attorney who is paid by the state to represent defendants who are unable to hire private counsel

Question 41

List and briefly explain the different forms of plea bargaining agreements.

Question 42

A businessperson who agrees, for a fee, to pay the bail amount if the accused fails
to appear in court as ordered is called a _______________.

Question 43

Explain the Strickland Standard and why it came about. Is it difficult to prove
both prongs of the Strickland standard? Why or why not?

Question 44

______________ is a Latin term describing the prosecutor's decision not to prosecute a defendant based on his or her determination that a conviction is either unlikely or undesirable.

Question 45

Explain the various different types of discretion prosecutor's have and when and why might a prosecutor exercise this discretion.

Question 46

The process through which prosecutors effect an overall reduction in the number of persons prosecuted is called __________.

Question 47

Explain the factors that affect case attrition.

Question 48

The __________ is a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment and where the suspect may enter a plea.

Question 49

Explain at least three of the screening factors that prosecutors consider in deciding
to prosecute.

Question 50

A(n) __________ is a written accusation that probable cause exists to believe that a named person has committed a crime.