Deck 11: Prosecutors, Grand Juries, and Defense Attorneys

Question 1

Prosecutors are part of what branch of government?

A) Executive
B) Legislative
C) Judicial
D) Both the executive and judicial

Answer 1

Executive

Question 2

A state prosecutor's decision NOT to file a case can be challenged by the:

A) Victim.
B) Police.
C) State Attorney General.
D) Suspect.

Answer 2

State Attorney General.

Question 3

Which of the following is NOT a reason for failing to prosecute?

A) Lack of evidence
B) Defense case stronger than the prosecution's
C) Resource restrictions
D) Defendant's political connections

Answer 3

Defendant's political connections

Question 4

If a prosecutor's decision to bring charges is discriminatory in nature, this is known as:

A) Discriminatory prosecution.
B) Selective prosecution.
C) Inappropriate prosecution.
D) Criminal prosecution.

Question 5

Prosecution that impacts certain groups (e.g., minorities. only becomes selective when it is:

A) Accidental.
B) Intentional.
C) Negligent.
D) Reckless.

Question 6

The courts consider which of the following in deciding whether a prosecution is selective?

A) Whether or not similarly situated individuals are prosecuted
B) Whether or not the prosecutor intended for the charge to be selective
C) Whether or not the prosecutor's decision to prosecute was arbitrary
D) All of the above

Question 7

The Supreme Court in Yick Wo v. Hopkins addressed the issue of:

A) Selective prosecution.
B) Charge joinder.
C) Grand jury behavior.
D) Prosecutorial immunity.

Question 8

If a prosecutor's charging decision is motivated by revenge, this is known as:

A) Revenge prosecution.
B) Retaliatory prosecution.
C) Vindictive prosecution.
D) Selective prosecution.

Question 9

The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences?

A) Private admonition or reprimand
B) Public reprimand
C) Suspension from law practice
D) Permanent disbarment
E) All of the above

Question 10

When a prosecutor charges on individual simply because the individual is exercising his or her constitutional rights, it is known as ________ prosecution.

A) Selective
B) Vindictive
C) Aggressive
D) Zealous

Question 11

If joinder is inappropriate, what is required?

A) Combining
B) A single trial
C) Severance
D) Selective prosecution

Question 12

The question of whether joinder is appropriate is usually best resolved ________ trial.

A) After
B) Prior to
C) During
D) There is never a time it is best resolved.

Question 13

According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual?

A) When the charges arise from the same criminal event
B) When two separate criminal acts are tied together in some fashion
C) When two criminal acts are ?the same or similar in character"
D) All of the above

Question 14

The right to a grand jury can be found in which constitutional amendment?

A) The Fourth
B) The Fifth
C) The Sixth
D) The Fourteenth

Question 15

Nowadays, grand jury operations are:

A) Closely tied in with the prosecutor.
B) Independent from the prosecutor.
C) Only remotely connected to the prosecutor.
D) Always advised by the courts and not prosecutors.

Question 16

A criminal charge filed by a grand jury is known as a(n):

A) Information.
B) Charge.
C) Arraignment.
D) Indictment.

Question 17

Which of the following statements is TRUE concerning grand juries?

A) The right to grand jury indictment has been incorporated.
B) The right to a grand jury indictment appears in the Sixth Amendment.
C) Several states require grand jury indictments for felonies.
D) All of the above

Question 18

Grand jury indictments will be the charging mechanism of choice when:

A) The case is of great political significance.
B) The grand jury's investigative powers are useful.
C) One or more witnesses is/are hesitant to speak in open court.
D) The case is of great public interest.
E) All of the above

Question 19

Grand jury proceedings are:

A) Often open to the public.
B) Intensely secretive.
C) Off limits to the prosecution.
D) Subject to the same constitutional requirements as trials.

Question 20

The reasons for grand jury secrecy include each of the following, EXCEPT to:

A) Prevent the escape of indicted persons.
B) Encourage the free testimony of persons with information about the crime.
C) Prevent witness tampering.
D) Preserve testimony for trial.

Question 21

Which of the following is NOT a reason for grand jury secrecy?

A) To prevent the escape of those whose indictment may be contemplated
B) To insure the utmost freedom to the grand jury in its deliberations
C) To protect powerful people from damaging public prosecution
D) To protect the innocent accused

Question 22

Which of the following are rights enjoyed by people who are under grand jury investigation?

A) Right to testify
B) Right to be present
C) Right to counsel
D) None of the above

Question 23

The right to counsel in criminal prosecutions has both ________ and Sixth Amendment origins.

A) First Amendment
B) Fourth Amendment
C) Seventh Amendment
D) Due process

Question 24

The right to counsel for persons accused in criminal prosecutions:

A) Has due process origins.
B) Is mentioned in the Sixth Amendment.
C) Is important in relation to the Fifth Amendment's self-incrimination clause.
D) Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states.
E) All of the above

Question 25

A grand jury subpoena ad testificandum:

A) Compels production of documents.
B) Is no longer used.
C) Is a challenge to the secrecy of the grand jury in a particular case.
D) Compels a witness to appear before the grand jury.

Question 26

What can a grand jury do to people who fail to appear when requested?

A) Use its contempt power
B) Impose civil sanctions
C) Impose criminal sanctions
D) All of the above

Question 27

The Sixth Amendment right to counsel was incorporated in:

A) Powell v. Alabama.
B) Johnson v. Zerbst.
C) Gideon v. Wainwright.
D) Betts v. Brady.

Question 28

Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?

A) Pro bono
B) Pro se
C) Inter alia
D) Mens rea
E) Ibid

Question 29

For defense counsel to be considered ineffective, the defense attorney must:

A) Perform adequately.
B) Prejudice the defendant.
C) Be a public defender.
D) Only be unreasonable under prevailing professional norms.

Question 30

The most obvious reason for non-prosecution is lack of evidence.

Question 31

Prosecutors' decisions not to press charges are rarely challenged.

Question 32

If a prosecutor's decision to press charges is discriminatory in nature, the Fourteenth Amendment's Equal Protection Clause can be violated.

Question 33

If prosecutors' charging decisions are motivated by revenge, then resulting charges violate the Sixth Amendment.

Question 34

Prosecutors enjoy only qualified immunity in filing decisions.

Question 35

An obvious problem with joinder is the possibility of double jeopardy.

Question 36

An example of joinder is bringing several charges against the same individual in the same trial.

Question 37

The question of whether joinder is/was appropriate is best resolved after trial.

Question 38

A defense challenge to joinder is that the jury will not consider the charges separately.

Question 39

The Fifth Amendment right to grand jury indictment has been incorporated.

Question 40

Grand juries can be impaneled either by the court or the prosecutor.

Question 41

A person who is already charged may have a right to counsel when appearing before a grand jury.

Question 42

According to the Supreme Court in United States v. Mandujano there is generally a right to counsel when appearing before a grand jury.

Question 43

Grand juries can grant immunity to certain witnesses.

Question 44

The Sixth Amendment right to counsel applies after the initiation of formal adversarial proceedings.

Question 45

Inadequate performance alone constitutes ineffective assistance of counsel.

Question 46

According to the Supreme Court, prosecutors have enormous ________ in determining what charges to file.

Question 47

________ perform a valuable function; they reinforce the notion that a crime is an offense against the state.

Question 48

If the prosecutor files charges, which are discriminatory in nature, the prosecutor has violated the ________ Amendment of the U.S. Constitution.

Question 49

________ prosecution is a prosecutor's charging decision being improperly motivated by revenge.

Question 50

In Oyler v. Boles the Supreme Court held that selective prosecution violates the ________ protection clause.

Question 51

Prosecutors have ________ immunity from lawsuits arising from charging suspects with crimes.

Question 52

Joinder refers to multiple charges and/or multiple ________.

Question 53

The framers favored ________ jury indictments in certain situations for fear that the prosecutor, a representative of government, could become too powerful in terms of making charging decisions.

Question 54

Grand jury proceedings are intensely ________.

Question 55

A subpoena duces tecum compels the production of ________ evidence.

Question 56

Transactional immunity prevents future ________ for the subject of the compelled testimony.

Question 57

Non indigent accused criminals enjoy the right to ________ assistance of counsel.

Question 58

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Selective prosecution

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 59

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Pretextual prosecution

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 60

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Vindictive prosecution

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 61

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Joinder

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 62

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Gideon v. Wainwright

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 63

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Powell v. Alabama

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 64

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Johnson v. Zerbst

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 65

Match the term with the correct definition with the corresponding prosecutorial decisions.

-Strickland v. Washington

A) When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B) The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C) When an individual is targeted for prosecution merely because he or she falls into a certain group.
D) Situation in which the prosecutor either (1) brings multiple charges against the same individual in the same trial or (2) brings charges against multiple individuals in the same trial.
E) The constitutional right of an indigent defendant to be represented by counsel.
F) The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.
G) A prosecutor's charging decision is motivated by revenge.
H) The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 66

Match the right regarding prosecutors, grand juries, and defense attorneys with the corresponding Amendment.

-Equal protection clause

A) Fifth Amendment.
B) Fourteenth Amendment.
C) Sixth Amendment.

Question 67

Match the right regarding prosecutors, grand juries, and defense attorneys with the corresponding Amendment.

-Right to counsel once criminal proceedings have commenced

A) Fifth Amendment.
B) Fourteenth Amendment.
C) Sixth Amendment.

Question 68

Match the right regarding prosecutors, grand juries, and defense attorneys with the corresponding Amendment.

-A person has the right to indictment of a grand jury

A) Fifth Amendment.
B) Fourteenth Amendment.
C) Sixth Amendment.

Question 69

List several examples of when it would be inappropriate for a prosecutor to bring charges against someone.

Question 70

Explain the main purpose of the grand jury and the reasons they are secret.

Question 71

Discuss the history of the right to appoint counsel in criminal prosecutions and when it applies.

Question 72

Why do you suppose grand juries operate in some states and not others? Should grand juries be the charging mechanism of choice across the country? Why or why not?

Question 73

Do you believe the right to effective assistance of counsel is a meaningful one, given all the interpretation it has received by the Supreme Court?