Deck 2: Administration of Criminal Justice and the Role of the Paralegal

Question 1

It is unethical for a defense attorney to represent a client zealously when the client has admitted guilt.

Answer 1

False

Question 2

Attorney General opinions do not take precedent over U.S.Supreme Court decisions.

Answer 2

False

Question 3

The FBI is the largest law enforcement agency in the federal system and is an arm of the Department of Justice.

Answer 3

True

Question 4

At the preliminary hearing,the state must show probable cause that the defendant committed the crime as charged.

Question 5

There are no ethical objections to attorneys' making contributions to judicial election campaigns.

Question 6

The goal of the adversary system is to provide motivation to find the truth.

Question 7

Police departments are included in

A)the executive branch of government
B)the judicial branch of government
C)the state's correction agency
D)an independent branch of government

Question 8

A document preventing incarceration without justification requires law enforcement to present the individual before a judge to determine whether the person has been fairly convicted and incarcerated.This document is called a

A)writ of mandamus
B)writ of certiorari
C)writ of habeas corpus
D)writ of completion

Question 9

Prosecutor Bob is engaged to Mary and has been assigned to prosecute Tony,Mary's brother,for possession of cocaine.Bob should ask his boss to reassign this case to another prosecutor as Bob has a conflict of interest.

Question 10

Federal law enforcement agencies include all except the

A)Federal Bureau of Investigation
B)Bureau of Alcohol,Tobacco,Firearms & Explosives
C)Bureau of Postal Inspection
D)Federal Emergency Management Agency

Question 11

One reason why society needs criminal laws is to provide clear guidelines for police to avoid uneven and unfair enforcement of the law.

Question 12

The quantum of evidence required in order to arrest a suspect,justify a search,or bind a defendant over for trial is

A)guilty beyond a reasonable doubt
B)clear and convincing evidence
C)reasonable suspicion
D)probable cause

Question 13

Guilt is determined by a grand jury.

Question 14

When an inmate has served a substantial portion of a sentence,he/she is eligible for early release.This early release is called

A)probation
B)parole
C)post-conviction release
D)priority release

Question 15

A prosecutor may ethically use cross examination to discredit a witness he/she knows is telling the truth.

Question 16

An indictment is an appearance before the judge where the charges are read and the plea is entered.

Question 17

In the federal system judges and justices are required to run for office every six years and may not serve more than two terms.

Question 18

The information and the indictment are both documents that formally charge the defendant with a crime.

Question 19

Defense attorneys should not accept so many cases that they cannot give each client effective representation.

Question 20

The circuit court has original trial jurisdiction over federal crimes.

Question 21

When a case involves the prosecution of high government officials,a __________________________ is appointed in order to avoid conflicts of interest.

Question 22

Because of the responsibility to represent the client zealously,a defense attorney should

A)use all means to uncover evidence
B)tell witnesses not to talk to the prosecutor
C)not accept a case when a conflict of interest will affect it
D)offer misleading evidence during discovery

Question 23

Electronic access to case files

A)has made the practice of criminal law easier
B)violates rules of confidentiality
C)is allowed in federal cases
D)has not yet been developed

Question 24

Judges should

A)take community opinion into consideration when rendering decisions
B)investigate witnesses if counsel fails to do so
C)provide the court with dignity,fairness and efficiency
D)never recuse themselves

Question 25

The prosecutor may

A)influence the opinion of an expert witness
B)use the office to gain personal publicity
C)pay the expenses of a witness
D)avoid investigating leads that will favor the accused

Question 26

Prisons are the responsibility of

A)municipalities
B)counties
C)states
D)supreme courts

Question 27

A ______________________________________ is a body of citizens chosen to hear evidence and determine whether that evidence is sufficient to bring an accused to trial.

Question 28

Pro bono work is

A)done for insurance companies
B)done to advise police agencies
C)done outside the rules of ethics
D)done for the public for free

Question 29

_______________________ is the physical or implied seizure or taking into custody of a person by police.

Question 30

Prosecutors represent the

A)legislature
B)police
C)people
D)accused

Question 31

The _____________________________ represents the interests of society and is the one who has the power to determine who should be charged and what charges ought to be brought against a defendant.

Question 32

High-tech police searches for personal information have been said to threaten

A)the court structure
B)individual privacy
C)the paralegal profession
D)attorney work product

Question 33

Public defenders are appointed

A)only in death penalty cases
B)when cases involve public policy
C)for indigent defendants
D)at the court's discretion

Question 34

An attorney may breach client confidentiality

A)never;it is never acceptable
B)to prevent reasonably certain death
C)to disclose a conflict of interest
D)upon motion by the opposing party

Question 35

Jails are the responsibility of

A)local courts
B)counties
C)states
D)federal government

Question 36

Nonbinding advisory opinions handed down by the state's highest ranking prosecutor are called _______________________________________________________.

Question 37

Ethical rules for legal professionals are found in the

A)Assimilative Crimes Act
B)Attorney General opinions
C)Model Rules of Professional Responsibility
D)Model Penal Code & Commentaries

Question 38

Defense counsel may attempt to undermine the testimony of a witness who the attorney believes is telling the truth

A)in all situations
B)if it is for the purpose of putting the state to its proof
C)if the prosecution appears to be winning
D)if the prosecution has undermined the testimony of a defense witness

Question 39

The prosecutor has no duty to

A)enforce the rights of the public
B)convict the guilty
C)guard the rights of the accused
D)seek the severest penalty

Question 40

U.S.Border and Transportation Security is administered by the

A)Department of Transportation
B)Senate Committee on Security
C)Department of Justice
D)Department of Homeland Security

Question 41

Assume that you are working for an attorney who seldom takes criminal cases,but who has just been appointed to represent an alleged rapist.At a meeting with the attorney at which you are expecting to get investigation assignments,the attorney tells you that the client confessed,so a guilty plea will be entered and,thus,there is no need for investigation.Knowing the ethical responsibility of a defense attorney,what do you do?

Question 42

Ben is a paralegal in a private defense firm.He has been given the responsibility to meet with Jamie,a new client,for an initial interview.Ben has carefully prepared for the interview and has gathered all the important information from the client.At the conclusion of the interview Ben asks Jamie if she has any questions.Jamie asks his opinion about how best to try the case and what her chances are of being found not guilty.Ben tells Jamie that he cannot answer those questions as he cannot give legal advice.Is Ben correct? If so,why can't Ben give legal advice?

Question 43

What are two criticisms against the adversary system of criminal justice?

Question 44

List the major steps of a felony case from beginning to end.

Question 45

List four occupations paralegals can hold in criminal law.

Question 46

The ABA Standards for Criminal Justice have outlined the judge's role and responsibilities in criminal matters.Please write a paragraph briefly outlining the five responsibilities for judges.

Question 47

List three kinds of decisions prosecutors must make.

Question 48

What factors establish jurisdiction?

Question 49

Assume you are assigned to a young,ambitious prosecutor.At a meeting with the prosecutor on a particularly notorious case,the prosecutor says,"The defense will want to plea bargain,so let's add a few charges and not make it easy for the defense to contact the victim or other witnesses." Having studied the ethical responsibilities of a prosecutor,what specific points should you mention?

Question 50

Why is our criminal justice system an adversarial system? Why is this so important?