Question 1

The legal assumption that prosecutors honestly, fairly, and responsibly exercise their authority except where there exists clear evidence to the contrary is known as the ______.

Accepted Answer

The presumption of regularity refers to the legal principle that assumes officials have properly discharged their official duties unless clear evidence indicates otherwise. This principle applies broadly within the legal system, including the actions of prosecutors, suggesting they act within the bounds of the law and their ethical obligations until proven otherwise.

Question 2

A sworn statement by the prosecutor charging the defendant with a specific offense is referred to as a ______.

Accepted Answer

A complaint is a sworn statement by the prosecutor charging the defendant with a specific offense. It is the initial step in bringing a criminal charge and outlines the charges against the defendant.

Question 3

A prosecutor who increases the charges or severity of the charges against an individual who has asserted his or her constitutional rights has engaged in ______.

Accepted Answer

Vindictive prosecution occurs when a prosecutor increases the severity of charges or adds additional charges because an individual has exercised a legal right, such as filing a pretrial motion or refusing to plead guilty. This is seen as a punishment for asserting one's rights, which is considered vindictive or retaliatory by the legal system.

Question 4

The provision barring "excessive bail" is found in the ______.

Accepted Answer

The provision barring "excessive bail" is found in the Eighth Amendment of the United States Constitution, which also prohibits excessive fines and cruel and unusual punishment.

Question 5

The initial appearance has all of the following purposes except ______.

Accepted Answer

The answer of The initial appearance has all of the...

Question 6

All of the following are powers of the prosecutor except ______.

Accepted Answer

Prosecutors have the authority to decide who to charge, what charges to bring, and whether to offer plea bargains, but they do not have the power to impose sentences; that is the role of the judge.

Question 7

An individual who is released on recognizance has been ______.

Accepted Answer

Being released on recognizance means that the individual has been released without the requirement to post bail, based on a promise to appear in court when required.

Question 8

A probable cause hearing is also referred to as a ______.

Accepted Answer

A probable cause hearing is also referred to as a Gerstein hearing, based on the Supreme Court case Gerstein v. Pugh, which requires a judicial determination of probable cause for detaining arrested individuals pending trial.

Question 9

A prosecutor who chooses to prosecute an individual due to his or her sex or religion has engaged in ______.

Accepted Answer

The answer of A prosecutor who chooses to prosecute an...

Question 10

The primary purpose of bail is to ensure ______.

Accepted Answer

The primary purpose of bail is to ensure the defendant's appearance for trial by providing a financial incentive for the defendant to return to court.

Question 11

When a prosecutor chooses to prosecute an individual due to his or her sex or religion, he or she has engaged in which of the following practices?

Accepted Answer

Selective prosecution occurs when a prosecutor unfairly targets an individual for prosecution based on protected characteristics such as sex, religion, race, etc., rather than the merits of the case.

Question 12

At which point in the criminal justice process does the responsibility for the case switch over from the police to the prosecutor?

Accepted Answer

The responsibility for the case switches over from the police to the prosecutor after the suspect's arrest. At this point, the prosecutor reviews the evidence gathered by the police and decides whether to file charges.

Question 13

The U.S.Supreme Court has noted that prosecutorial authority is "______" but not "______."

Accepted Answer

The U.S. Supreme Court has characterized prosecutorial authority as "broad" to indicate the wide discretion prosecutors have in making decisions about whom to prosecute, what charges to file, and how to allocate resources. However, it is not "unlimited," acknowledging that there are legal and ethical boundaries constraining prosecutorial decisions.

Question 14

Prosecutors are members of the ______.

Accepted Answer

Prosecutors are part of the executive branch of government. They are responsible for enforcing the law, including bringing charges against individuals accused of crimes.

Question 15

Determination of probable cause for detainment of an individual is unnecessary for all of the following scenarios except ______.

Accepted Answer

In scenarios B and C, the determination of probable cause has already been made either by a judge (who issued the arrest warrant) or by a grand jury (which indicted the suspect). However, when a suspect is arrested without a warrant, a determination of probable cause for the detainment must be made to ensure the arrest was justified.

Question 16

The nonadversarial probable cause hearing must be held ______ following an arrest.

Accepted Answer

A nonadversarial probable cause hearing must be held within 48 hours following an arrest to determine if there is sufficient reason to continue detaining the individual. This timeframe is designed to protect the rights of the accused by ensuring a prompt review of the grounds for arrest.

Question 17

According to U.S.Supreme Court Justice Robert Jackson, the ______ is the most powerful person in the criminal justice system.

Accepted Answer

U.S. Supreme Court Justice Robert Jackson famously stated that the prosecutor has more control over life, liberty, and reputation than any other person in America, highlighting the prosecutor's significant power within the criminal justice system.

Question 18

The first appearance is triggered by ______.

Accepted Answer

The first appearance is triggered by the filing of a complaint, which formally initiates legal proceedings against the defendant.

Question 19

All of the following are reasons judges are extremely reluctant to review prosecutorial decisions to prosecute except ______.

Accepted Answer

The answer of All of the following are reasons judges...

Question 20

All of the following occur at the initial appearance except ______.

Accepted Answer

At the initial appearance, the defendant is informed of rights such as counsel, pretrial release, and a speedy trial, but the right of postconviction appeals is not typically addressed at this stage.

Quiz 12: The Initiation of the Legal Process, Bail, and the Right to Counsel