Question 1

In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case on to trial:

Accepted Answer

D

Question 2

According to the Supreme Court opinion in U.S. v. Salerno, involving pre-trial detention, of defendants due to the threat they posed to public safety:
I. preventive detention is not punishment.
II. pretrial detention can only be imposed for the purpose of securing the defendant's appearance at trial.
III. pretrial detention can be imposed to secure the defendant's appearance at trial and if the court finds that the defendant poses a risk to the safety of the community.
IV. pretrial detention violates the Eight Amendment.

Accepted Answer

The Supreme Court in U.S. v. Salerno held that preventive detention is regulatory, not punitive, and can be used if the defendant poses a risk to community safety, not just to ensure appearance at trial.

Question 3

According to the Supreme Court opinion in Scott v. Illinois, involving the right to counsel in a shoplifting case punishable by up to one year in jail and a fine:

Accepted Answer

The Supreme Court in Scott v. Illinois held that the Sixth Amendment right to counsel is required only in cases where the defendant is actually sentenced to imprisonment.

Question 4

Pro bono counsel is:

Accepted Answer

Pro bono counsel is a lawyer who represents someone in court without a fee. This is typically done as a form of volunteer work or community service.

Question 5

What percentage of cases are dropped because of the exclusionary rule?

Accepted Answer

The exclusionary rule results in fewer than 2% of cases being dropped, as it is applied in a limited number of situations where evidence is deemed inadmissible due to being obtained unlawfully.

Question 6

In determining bail, courts take which of the following into account?
I. seriousness of the offense
II. weight of the evidence against the defendant
III. prior criminal record
IV. length of defendant's residence in the community

Accepted Answer

Courts consider all listed factors: seriousness of the offense, weight of the evidence, prior criminal record, and length of residence in the community when determining bail.

Question 7

According to the Supreme Court's decision in Strickland v. Washington, in order for a convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction, the defendant must show:
I. counsel's performance was deficient.
II. counsel made errors so serious that he/she was not functioning as guaranteed by the Sixth Amendment.
III. the deficient performance of counsel prejudiced the defense.
IV. because of defense counsel's performance, the trial result is not reliable.

Accepted Answer

The Supreme Court's decision in Strickland v. Washington established a two-pronged test for evaluating claims of ineffective assistance of counsel: (I) counsel's performance was deficient and (III) the deficient performance prejudiced the defense. This encompasses II and IV as well, as they are part of demonstrating deficiency and prejudice.

Question 8

According to the Supreme Court opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:
I. due process entitles all persons not convicted of crimes a single cell.
II. strip searches violate the constitutional rights of persons not yet convicted of crimes.
III. double bunking amounts to unconstitutional punishment.
IV. prison administrators should be accorded wide ranging deference in the adoption of jail policies.

Accepted Answer

The Supreme Court in Bell v. Wolfish held that prison administrators should be given wide-ranging deference in the adoption of jail policies, and did not find that the conditions mentioned in I, II, and III were unconstitutional.

Question 9

Which of the following standards have states adopted for deciding whether a case should be bound over for trial after a preliminary hearing?
I. clear and convincing standard
II. beyond a reasonable doubt standard
III. prima facie standard
IV. directed verdict standard

Accepted Answer

The answer of Which of the following standards have states...

Question 10

With respect to bail and pretrial detention:
I. most defendants are not detained until trial.
II. detention can last for considerable periods.
III. pretrial detention is one of the factors contributing significantly to the jail overcrowding problem.
IV. under the Constitution, pretrial detention may never exceed 90 days.

Accepted Answer

Most defendants are released on bail or their own recognizance, so they are not detained until trial. Pretrial detention can last for long periods, especially if there are delays in the legal process. Pretrial detention contributes significantly to jail overcrowding. However, there is no constitutional limit of 90 days for pretrial detention.

Question 11

In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel, courts interpreted that right to mean:

Accepted Answer

In the early years after the adoption of the Sixth Amendment, courts interpreted the right to counsel to mean that defendants have a right to counsel at trial, but only if they can afford one. This interpretation was based on the language of the Amendment itself, which states "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defense." However, this interpretation was later expanded to include the right to counsel at other critical stages of a criminal proceeding, such as arraignment and plea bargaining, regardless of the defendant's ability to pay for a lawyer.

Question 12

If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:

Accepted Answer

The prosecutor charges an individual with a crime by filing a complaint, information, or indictment with the court. This initiates the legal process of formally accusing the accused of a crime and sets the stage for the trial proceedings. Notification by letter or memo to the judge or the accused's lawyer may also occur, but filing the complaint, information, or indictment is the formal method of charging someone with a crime.

Question 13

In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:

Accepted Answer

The answer of In the Supreme Court case County of...

Question 14

Which of the following are considered critical stages in a criminal proceeding?
I. All lineup proceedings
II. First Appearance
III. Preliminary hearing
IV. Lineup after formal charges

Accepted Answer

The answer of Which of the following are considered critical...

Question 15

Which of the following are considered "administrative steps incident to arrest" that are allowed to be completed prior to the warrantless arrestee's appearance to a magistrate?
I. searching the suspect
II. conducting a lineup
III. interrogating the suspect
IV. completing paperwork

Accepted Answer

The answer of Which of the following are considered "administrative...

Question 16

In most jurisdictions, when the police take a criminal case to the prosecutor's office, prosecutors may:
I. release suspects outright by not charging them.
II. divert the case into a program for community service.
III. start formal judicial proceedings by filing an information.
IV. divert the case into a restitution program.

Accepted Answer

Prosecutors have the discretion to release suspects by not charging them, divert cases into community service or restitution programs, and start formal proceedings by filing an information.

Question 17

In Strickland v. Washington, the Supreme Court adopted which standard to evaluate the performance of defense counsel in a criminal case?

Accepted Answer

The Supreme Court in Strickland v. Washington established the "reasonably effective assistance" standard to evaluate defense counsel's performance, requiring that the attorney's performance be objectively reasonable.

Question 18

Which of the following duties do magistrates perform at the first appearance?
I. determination to set bail or detain suspects
II. inform defendants of their rights
III. ask felony defendants to plead to charges
IV. read the charges against the defendant

Accepted Answer

Magistrates typically determine whether to set bail or detain suspects, inform defendants of their rights, and read the charges against the defendant at the first appearance. They do not ask felony defendants to plead to charges at this stage.

Question 19

Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:

Accepted Answer

An indigent accused is typically appointed an attorney by a magistrate at the first appearance, also known as an arraignment. At this time, the accused is informed of the charges against them and has the opportunity to enter a plea. It is important for the accused to have an attorney present to ensure their rights are protected and they are able to make informed decisions regarding their case. While an attorney may be appointed at other stages of the legal process, the first appearance is typically when this occurs.

Question 20

The right to counsel attaches:

Accepted Answer

The right to counsel attaches when the government files formal charges against defendants. This means that once a defendant has been charged with a crime, they have the right to an attorney.

Quiz 12: Basic Constitutional Rights of the Accused During Trial

In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case on to trial:

According to the Supreme Court opinion in Scott v. Illinois, involving the right to counsel in a shoplifting case punishable by up to one year in jail and a fine:

Pro bono counsel is:

What percentage of cases are dropped because of the exclusionary rule?

In determining bail, courts take which of the following into account? I. seriousness of the offense II. weight of the evidence against the defendant III. prior criminal record IV. length of defendant's residence in the community

Which of the following standards have states adopted for deciding whether a case should be bound over for trial after a preliminary hearing? I. clear and convincing standard II. beyond a reasonable doubt standard III. prima facie standard IV. directed verdict standard

In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel, courts interpreted that right to mean:

If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:

Which of the following are considered critical stages in a criminal proceeding? I. All lineup proceedings II. First Appearance III. Preliminary hearing IV. Lineup after formal charges

Which of the following are considered "administrative steps incident to arrest" that are allowed to be completed prior to the warrantless arrestee's appearance to a magistrate? I. searching the suspect II. conducting a lineup III. interrogating the suspect IV. completing paperwork

In Strickland v. Washington, the Supreme Court adopted which standard to evaluate the performance of defense counsel in a criminal case?

Which of the following duties do magistrates perform at the first appearance? I. determination to set bail or detain suspects II. inform defendants of their rights III. ask felony defendants to plead to charges IV. read the charges against the defendant

Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:

The right to counsel attaches: