Deck 8: Intake and Drafting the Complaint

Question 1

The system for electronic access to federal court criminal file documents is

A)E-FILE
B)Accesscourt.gov
C)Criminalfile.gov
D)PACER

Answer 1

A

Question 2

Federal and parallel state rules authorize service of a summons in accordance with the

A)judge's preference
B)local sheriff's procedure
C)respective rule of civil procedure
D)ABA Model Rules

Answer 2

C

Question 3

The intake interview is the only time the prosecution team needs to be in contact with the victim.

Answer 3

False

Question 4

Prosecutors are members of

A)the executive branch of government
B)the judicial branch of government
C)the legislative branch of government
D)an agency independent of the other branches of government

Question 5

When police file reports with the prosecutor's office,the paralegal then

A)begins investigation
B)interviews the victim
C)incorporates the information from the report into a draft of the complaint
D)interviews the suspect

Question 6

A criminal summons must be signed by a judge.

Question 7

A victim impact statement is used to establish guilt at trial.

Question 8

Medical release forms must comply with HIPPO.

Question 9

Most criminal incidents are reported directly to prosecutors by victims.

Question 10

To be successful,claims of prosecutorial discrimination must show

A)racial discrimination
B)equal protection
C)purposeful discrimination
D)negligent discrimination

Question 11

The person swearing out a complaint is called the complainer.

Question 12

Using the word alleged helps raise consciousness

A)that a complaint might not be filed
B)of the presumption of innocence
C)of the possibility of an error in the complaint
D)that the complainant's information is not believable

Question 13

Prosecutors working within the scope of their office are immune from civil suits for malicious prosecution.

Question 14

An arrest warrant should always

A)be issued in a criminal case if the arrest has not yet been made
B)contain a clear identification of the defendant
C)be signed by the complainant
D)be signed by the arresting police officer

Question 15

Prosecutors do not need to honor plea bargains.

Question 16

After the complaint is drafted,correct procedure includes all of the following except

A)review by the prosecuting attorney
B)signature by the prosecuting attorney
C)filing with the judge
D)filing with the clerk of the court

Question 17

Most state attorney general offices have victim assistance divisions.

Question 18

An interview of a young child should be conducted as follows except

A)by anyone in the office who is a parent
B)by an experienced psychologist
C)on videotape
D)by an expert

Question 19

The burden of proving prejudice arising from joinder of defendants rests with the prosecution.

Question 20

Items needed for efficient intake include all except

A)a motion to suppress
B)a criminal statute excerpt
C)a criminal complaint form
D)a private setting
E)information on community resources for victims

Question 21

Why should a records check on the defendant's prior convictions be done before the complaint is completed?

Question 22

List in logical order four areas to be discussed during an intake interview.

Question 23

When is a criminal summons used? An arrest warrant?

Question 24

List three areas that require special care in drafting a complaint.

Question 25

What are the limits on prosecutors' decisions to bring criminal charges?