Question 1

To say that a defendant had "ineffective counsel" means ______.

Accepted Answer

"Ineffective counsel" refers to a situation where the defense attorney's inadequate assistance or performance negatively impacts the outcome of the defendant's case, which is a violation of the Sixth Amendment right to effective assistance of counsel.

Question 2

Who is considered the single most powerful person in the American criminal justice system?

Accepted Answer

The prosecutor is considered the most powerful person in the American criminal justice system because they make critical decisions on whether to charge individuals with crimes, what charges to file, and recommendations for sentencing, significantly influencing the outcome of criminal cases.

Question 3

Which member of the courtroom workgroup is considered the "gatekeeper" of the criminal justice system?

Accepted Answer

The prosecutor is considered the "gatekeeper" of the criminal justice system because they decide whether to bring criminal charges, what charges to bring, and how to pursue each case, effectively controlling the flow of cases through the system.

Question 4

What is the primary responsibility of the defense attorney?

Accepted Answer

The primary responsibility of a defense attorney is to ensure that the state does not incarcerate innocent people by providing a robust defense for the accused, ensuring their rights are protected, and challenging the prosecution's case.

Question 5

The ______ of a criminal proceeding include interrogation, arraignment, and trial--the points at which rights of the accused can be lost.

Accepted Answer

The term "critical stages" refers to specific points in a criminal proceeding where the rights of the accused can be significantly affected, such as during interrogation, arraignment, and trial. These are moments when legal representation and the protection of the accused's rights are paramount.

Question 6

A ______ defendant is one who chooses to represent him or herself.

Accepted Answer

The term "pro se" is used to describe a defendant who chooses to represent themselves in court, without the assistance of a lawyer.

Question 7

Which of the following represents a common defense strategy undertaken by defense counsel?

Accepted Answer

The answer of Which of the following represents a common...

Question 8

Which of the following professions enjoys "civil immunity" for misconduct they engaged in during their official duties?

Accepted Answer

Prosecutors enjoy civil immunity for actions taken as part of their official duties, protecting them from lawsuits related to their prosecutorial functions.

Question 9

Which member of the criminal justice system is responsible for coming up with ways to compensate a victim?

Accepted Answer

The answer of Which member of the criminal justice system...

Question 10

Judge Stone has been a jurist for decades.Recently, he has been experiencing some issues with cognitive decline, which have caused him to make mistakes on the bench.Judge Stone would be considered to have ______.

Accepted Answer

"Black robe disease" is a colloquial term sometimes used to describe a judge who may exhibit signs of arrogance or infallibility, but in this context, it refers to the issues Judge Stone is facing, which is a misapplication of the term. The correct term for cognitive decline affecting professional duties isn't listed among the options, making all choices technically incorrect for describing cognitive decline. However, given the options, none directly relate to cognitive decline, making the task of choosing an accurate answer based on the provided information challenging.

Question 11

Who does the prosecutor represent in a criminal case?

Accepted Answer

The prosecutor represents the people, particularly the victims, in a criminal case.

Question 12

Defendants cannot sue ______ for civil damages for how they handle a case.

Accepted Answer

Prosecutors have absolute immunity from civil suits for damages when they are performing acts that are intimately associated with the judicial phase of the criminal process. This means that defendants cannot sue prosecutors for how they handle a case, as this immunity is designed to allow prosecutors to perform their duties without fear of personal liability.

Question 13

Which of the following is an advantage of the contract system of appointed counsel?

Accepted Answer

The contract system can attract attorneys with greater expertise because they are often selected based on their qualifications and experience.

Question 14

Which of the following factors would a prosecutor take into consideration with regard to filing charges or not?

Accepted Answer

The number of counts in the complaint is a relevant factor for a prosecutor when deciding whether to file charges, as it reflects the severity and scope of the alleged criminal activity.

Question 15

What do prosecutors have which gives them power to decide what charges to file and whether or not to negotiate a plea agreement?

Accepted Answer

Prosecutorial discretion gives prosecutors the power to decide what charges to file and whether or not to negotiate a plea agreements, allowing them to assess the specifics of each case individually.

Question 16

A defendant who was found guilty of murder and complains that his defense attorney did not check out the defendant's alibi or interview witnesses could potentially claim ______ counsel.

Accepted Answer

The defendant could claim ineffective counsel, as this term refers to a situation where a defense attorney's performance falls below an objective standard of reasonableness, potentially affecting the outcome of the trial.

Question 17

Which courtroom player is responsible for the charging decision, the bail decision, and offering plea agreements?

Accepted Answer

The prosecutor is responsible for making the charging decision, deciding on bail recommendations (though the final bail decision is made by a judge), and offering plea agreements to the defense.

Question 18

What is the possible strategy of a defense attorney who repeatedly asks the court for a continuance in the case?

Accepted Answer

A defense attorney may request continuances to delay the case in hopes that media attention and public interest will decrease, potentially benefiting their client.

Question 19

Which of the following examples would be discouraged by The Committee on Codes of Conduct of the Judicial Conference of the United States?

Accepted Answer

Forwarding inappropriate jokes from a work email would be discouraged as it can undermine the integrity, professionalism, and impartiality expected of a judge.

Question 20

A prosecutor receives a case with insufficient evidence and some concerns about how evidence was collected.Which of the following options are open to the prosecutor?

Accepted Answer

A prosecutor has the discretion to decide whether or not to file charges based on the evidence and circumstances of the case.

Quiz 10: The Bench and the Bar: Those Who Judge, Prosecute, and Defend