Deck 10: Prosecution and Defense

Question 1

Most local prosecutors are elected.

Answer 1

True

Question 2

During the discovery process,it is legal for a prosecutor to hide from a defense attorney any evidence that might show that the defendant is innocent.

Answer 2

False

Question 3

Prosecutors are not influenced by the political system.

Answer 3

False

Question 4

Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict innocent people.

Question 5

The "slow plea of guilty" occurs when decision makers have already made up their minds about a case but the defense attorney goes through the motions of putting up a fight against the decision.

Question 6

Some communities prefer that prosecutors not pursue punishment for crimes such as prostitution or gambling.

Question 7

Most states use the contract counsel method of providing attorneys for those who cannot afford their own attorneys.

Question 8

Most public defense attorneys are highly qualified and motivated.

Question 9

Most criminal defense lawyers are able to become wealthy because there are many rich celebrities and professional athletes who get into trouble with the law.

Question 10

The "prosecution complex" occurs when prosecutors push to close each case with a conviction and lack the ability to objectively evaluate whether the evidence truly shows guilt.

Question 11

The majority of convicted offenders serving time in state prisons are indigent defendants who received publicly provided defense attorneys.

Question 12

Defense attorneys spend most of their time in court.

Question 13

Assigned counsel are attorneys employed full-time by the government to provide defense services to those offenders who cannot afford their own attorneys.

Question 14

In most states,no higher authority can second-guess or change the decision of a prosecutor.

Question 15

Close cooperation between prosecutors and the police is automatic in every case because of their similar views of crime and the fact that they work for the same sponsoring organization.

Question 16

Television shows that portray the relationship between defense attorneys and prosecutors as primarily adversarial is realistic.

Question 17

The largest group of attorneys in full-time criminal practice makes small fees for cases either as retained or assigned counsel.

Question 18

Although they cooperate in many cases,public defenders are sufficiently independent of prosecutors and judges to make choices about whether to seek a trial or to negotiate a plea.

Question 19

Defense attorneys rarely offer psychological support to their clients.

Question 20

Prosecutors only have influence in the early stages of the criminal justice process.

Question 21

System efficiency refers to the presence of sufficient legal elements to ensure successful prosecution of a case.

Question 22

Trial sufficiency is the policy of the prosecutor's office that encourages speedy and early disposition of cases in response to caseload pressures.

Question 23

Findings from research have indicated there is little difference between the outcomes of private attorneys,public defenders,contract counsel,and assigned counsel.

Question 24

During the accusatory process,the suspect is arrested,booked,and indictment is granted.

Question 25

Criminal sufficiency refers to the presence of the minimum legal elements necessary for prosecution of a case.

Question 26

A state's chief legal officer,usually responsible for both civil and criminal matters,is the state attorney general.

Question 27

What is the most common method of selection for the job of county prosecutor?

A)Merit selection
B)Appointment
C)Election
D)Volunteering

Question 28

Which is not a name given to a prosecuting attorney?

A)District attorney
B)State's attorney
C)Commonwealth attorney
D)The people's attorney

Question 29

Scholars often view public defenders as better than assigned counsel because public defenders are full-time government employees who are specialists in criminal law.

Question 30

What is a "prosecution complex"?

A)When an offender fears unfair treatment by the prosecutor
B)When a judge sides with the prosecutor in a court decision
C)When a defense attorney comes to believe he or she represents the state
D)When prosecutors view themselves as an instrument of law enforcement

Question 31

Most cases are handled by criminal lawyers who must quickly process a large volume of cases for small fees.

Question 32

How might public opinion affect a prosecutor's decision to try a certain case?

A)Prosecutors conduct surveys of the community to determine which cases are most important.
B)Since prosecutors are elected,their decisions should reflect community values.
C)Prosecutors have no discretion to try cases-they must bring every case they receive to court.
D)Prosecutors keep the community happy by having low conviction rates.

Question 33

Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that they are paid by the state.

Question 34

Prosecutors represent accused or convicted offenders in their dealings with criminal justice officials.

Question 35

Which is a factor that increases the power of prosecutors?

A)Many of their decisions are hidden from public view.
B)They must have a judge sign off on any decision to drop a case.
C)They are dependent on the defense attorney for witness statements.
D)Jurisdictional boundaries are sometimes confusing.

Question 36

Contract counsel occurs when an attorney in private practice contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.

Question 37

Which is considered a distinct role of a prosecutor?

A)Trial counsel for the police
B)House counsel for the police
C)Representative of the court
D)Servant of the truth

Question 38

Which best describes the discretion given to a prosecutor?

A)Limited discretion
B)Variant discretion
C)Broad discretion
D)Relative discretion

Question 39

The U.S.Supreme Court has clearly defined the term "ineffective counsel."

Question 40

Because most cases are decided by plea bargains,defense attorneys feel it is unimportant to maintain good relations with those in the criminal justice system.

Question 41

Who represents accused and convicted persons in the criminal justice system?

A)The clerk of courts
B)The state's attorney
C)The defense attorney
D)The prosecuting attorney

Question 42

A defense attorney who works to prepare the defendant for the likely outcome of punishment and who helps persuade the defendant to plead guilty is said to be performing the role of

A)agent-mediator.
B)"slow plea of guilty."
C)beleaguered dealer.
D)beleaguered guilty.

Question 43

Why might a prosecutor not seek to file charges on behalf of a prostitute who is raped?

A)She has a criminal record.
B)The jury believes she played a role in her victimization.
C)Prosecutors do not believe the victim is deserving of their attention.
D)All of these are reasons that a prosecutor may not seek to file charges on behalf of a prostitute who was raped.

Question 44

The trial sufficiency model depends on the likelihood of

A)prosecution.
B)conviction.
C)a trial.
D)a plea bargain.

Question 45

After deciding that a case should be filed against an offender,the next step of the prosecutor is to determine

A)whether to seek the death penalty.
B)which charges to file against the offender.
C)whether the evidence was collected in accordance with constitutional regulations.
D)whether the police used excessive force in apprehending the offender.

Question 46

The system efficiency model is based on

A)likelihood of conviction in a trial.
B)speed.
C)fairness.
D)a series of accusations.

Question 47

When a defense attorney makes arguments for a client who the attorney expects will actually accept a plea bargain rather than face the risk of a jury verdict,this is called

A)"agent-mediator."
B)the "slow plea of guilty."
C)"beleaguered dealers."
D)"agent guilty."

Question 48

When a prosecutor decides to drop a case,this is called

A)nolle prosequi.
B)evidence sufficiency.
C)probable cause.
D)discovery.

Question 49

Which U.S.Supreme Court case involved setting standards for effective assistance of counsel?

A)United States v.Cronic (1984)
B)United States v.Leon (1984)
C)New York v.Quarles (1984)
D)Mapp v.Ohio (1961)

Question 50

Prosecutors are considered to have a central role in the justice process because they

A)issue verdicts that determine defendants' guilt.
B)have exchange relations with many other actors.
C)issue indictments to initiate charges.
D)hire and supervise police chiefs and sheriffs.

Question 51

Charges are not likely to be brought against offenders when victims

A)are upstanding members of society.
B)are not credible.
C)want the offender prosecuted.
D)are trustworthy.

Question 52

Defense attorneys

A)rarely provide psychological support for defendants and their families.
B)do not need to advise defendants of their constitutional rights.
C)often work with prosecutors and judges.
D)are accurately portrayed in television dramas.

Question 53

The television image of defense attorneys as strong advocates for their clients is based on the ______ model.

A)crime control
B)due process
C)equal protection
D)celebrity

Question 54

A prosecutor

A)has little discretion in the criminal justice system.
B)is not influenced by other actors in the criminal justice system.
C)does not have independent authority to decide how to handle each case.
D)has enormous influence in the early stages of the criminal justice process.

Question 55

Public defenders

A)must work pro bono.
B)typically have strong bonds with their clients.
C)usually discourage their clients from entering plea bargains.
D)are often overwhelmed with work.

Question 56

Which role played by prosecutors is most responsive to public opinion?

A)Trial counsel for the police
B)House counsel for the police
C)Representative of the court
D)Elected official

Question 57

_____ is the term for an attorney who is employed on a full-time,salaried basis by the government to represent indigents.

A)Public defender
B)Assigned counsel
C)Contract counsel
D)Legal aid attorney

Question 58

Community prosecution

A)is similar to the crime control model of law enforcement.
B)gives prosecutors responsibility for specific neighborhoods.
C)gives prosecutors limited access to police.
D)is an impersonal method of prosecution compared to current systems.

Question 59

Which is true about attorney competence?

A)The U.S.Supreme Court has ruled that defendants are entitled to adequate counsel.
B)Attorneys assigned to death penalty cases must have appropriate training.
C)The only attorneys allowed to serve on criminal cases must have degrees in criminal law.
D)The U.S.Supreme Court has not clearly defined what "competent" means.

Question 60

What is discovery?

A)The decision of the prosecutor to drop a case
B)The process of determining probable cause
C)The questioning of a jury in a criminal case
D)The prosecutor sharing information with the defense

Question 61

Jacob is an attorney who works in the local public defender's office.His caseload is overwhelming and his salary low.Jacob grew up wealthy and wants to spend his time helping the less fortunate.The stress of his job is significant but he enjoys the work.The clients Jacob represents are likely

A)guilty.
B)indigent.
C)innocent.
D)unstable.

Question 62

The _________ sufficiency model aims for speedy and early disposition of a case.

A)legal
B)trial
C)system
D)justification

Question 63

Dianne works for the federal governor as a prosecutor in District 5,which is located in Dallas,Texas.In her three years at the job,she has spent much of her time prosecuting drug crimes.She loves the discretion and the attendant power her job gives her. Dianne spends a great deal of her time prosecuting drug crimes.What is another type of crime that would occupy much of her time?

A)Murder
B)White-collar crime
C)Sexual assault
D)Robbery

Question 64

_______ defendants are those who are too poor to afford their own lawyers.

A)Immigrant
B)Poor
C)Indigent
D)Minority

Question 65

Dianne works for the federal governor as a prosecutor in District 5,which is located in Dallas,Texas.In her three years at the job,she has spent much of her time prosecuting drug crimes.She loves the discretion and the attendant power her job gives her.Who appointed Dianne?

A)The Speaker of the House
B)The president
C)The governor
D)The Senate majority leader

Question 66

John is a district attorney for a large metropolitan area,facing election in the coming year.During the course of John's day,he receives news that a well-known professional football player has attempted to murder his wife,who was having an affair with a state senator.John knows that the way he prosecutes this media-driven case may determine if he is reelected. John is facing a great deal of pressure to bring the football player to justice.He knows what he would do if the suspect was an ordinary citizen.He also knows that his election is coming soon.Despite the media pressure for a trial,John makes plans to meet with the defense to see if they are willing to work out an agreement.John would prefer to _________ the case.

A)charge
B)withdraw
C)drop
D)plea-bargain

Question 67

Jacob is an attorney who works in the local public defender's office.His caseload is overwhelming and his salary low.Jacob grew up wealthy and wants to spend his time helping the less fortunate.The stress of his job is significant but he enjoys the work.Because Jacob is overworked,some cases are given to private lawyers on a ______ basis.

A)quid pro quo
B)loaner
C)contract
D)nonbinding

Question 68

John is a district attorney for a large metropolitan area,facing election in the coming year.During the course of John's day,he receives news that a well-known professional football player has attempted to murder his wife,who was having an affair with a state senator.John knows that the way he prosecutes this media-driven case may determine if he is reelected. John is facing a great deal of pressure to bring the football player to justice.He knows what he would do if the suspect was an ordinary citizen.He also knows that his election is coming soon.The pressure that John is facing is known as the "prosecutor's

A)dilemma."
B)discretion."
C)role."
D)factor."

Question 69

Dianne works for the federal governor as a prosecutor in District 5,which is located in Dallas,Texas.In her three years at the job,she has spent much of her time prosecuting drug crimes.She loves the discretion and the attendant power her job gives her.Because Dianne works as a prosecutor for the federal government,her title is _______ attorney.

A)state
B)U.S.
C)district
D)county

Question 70

Each separate offense of which a person is accused in an indictment or an information is called a

A)rap sheet.
B)bill of attainder.
C)count.
D)discovery.

Question 71

________ defense attorneys now handle up to 85% of the cases in many places.

A)Publicly funded
B)Retained counsel
C)Corporate
D)Federal

Question 72

John is a district attorney for a large metropolitan area,facing election in the coming year.During the course of John's day,he receives news that a well-known professional football player has attempted to murder his wife,who was having an affair with a state senator.John knows that the way he prosecutes this media-driven case may determine if he is reelected. John is facing a great deal of pressure to bring the football player to justice.He knows what he would do if the suspect was an ordinary citizen.He also knows that his election is coming soon.John knows the final decision to go to trial is his; he therefore has __________ in making his decision.

A)responsibility
B)judiciousness
C)discretion
D)precedent

Question 73

John is a district attorney for a large metropolitan area,facing election in the coming year.During the course of John's day,he receives news that a well-known professional football player has attempted to murder his wife,who was having an affair with a state senator.John knows that the way he prosecutes this media-driven case may determine if he is reelected. John is facing a great deal of pressure to bring the football player to justice.He knows what he would do if the suspect was an ordinary citizen.He also knows that his election is coming soon.John needs to meet the expectations of police,judges,and the community.This is commonly known as building ________ relationships.

A)exchange
B)interaction
C)community
D)cohesive

Question 74

Dianne works for the federal governor as a prosecutor in District 5,which is located in Dallas,Texas.In her three years at the job,she has spent much of her time prosecuting drug crimes.She loves the discretion and the attendant power her job gives her. The U.S.Department of Justice has guidelines which Dianne must follow to determine whether a case should be dismissed.Which guideline would Dianne likely use in determining whether to dismiss a felony drug case?

A)Federal law enforcement priorities
B)Nature and seriousness of the offense
C)Deterrent effect of prosecution
D)None of these are correct.

Question 75

Some scholars have called defense attorneys ______ because they often work to prepare the defendant for the likely outcome of the case (usually conviction).

A)"case builders"
B)"agent-mediators"
C)"arrangement-mediators"
D)"prison builders"

Question 76

Which is not one of the U.S.Department of Justice's guidelines to determine whether a case should be dismissed?

A)Federal law enforcement priorities
B)Nature and seriousness of the offense
C)Person's history with respect to criminal activity
D)Reputation of the defense attorney representing the person in question

Question 77

Dianne works for the federal governor as a prosecutor in District 5,which is located in Dallas,Texas.In her three years at the job,she has spent much of her time prosecuting drug crimes.She loves the discretion and the attendant power her job gives her.If Dianne was prosecuting a white-collar criminal,which defense attorney would she likely confront in court?

A)Public defender
B)Assigned counsel
C)Contract counsel
D)Private attorney

Question 78

An entry made by a prosecutor on the record of a case and announced in court to indicate that the charges specified will not be prosecuted is referred to as

A)discovery.
B)counts.
C)nolle prosequi.
D)trial.

Question 79

Prosecutors' relationships and interactions with police,victims,defense attorneys,judges,and the community form the core of the _______ relations that shape decision making in criminal cases.

A)exchange
B)casual
C)discretionary
D)decision-making

Question 80

Dianne works for the federal governor as a prosecutor in District 5,which is located in Dallas,Texas.In her three years at the job,she has spent much of her time prosecuting drug crimes.She loves the discretion and the attendant power her job gives her.Dianne works in Dallas,Texas,for District 5.How many districts are within the United States?

A)88
B)90
C)94
D)96