Question 1

In this case, the Supreme Court held that "so long as the prosecution has probable cause to believe that the accused has committed an offense defined by statutes" the decision to prosecute lies entirely in the prosecutor's discretion.

Accepted Answer

The Supreme Court's decision in Wayte v. United States clarified that as long as there is probable cause to believe the accused has committed a crime, the decision to prosecute is at the discretion of the prosecutor. This case addressed the balance between prosecutorial discretion and the rights of the accused.

Question 2

Germany has mandatory prosecution.

Accepted Answer

In Germany, the principle of mandatory prosecution requires prosecutors to proceed with charges if there is sufficient evidence of a crime, unlike systems with discretionary prosecution where prosecutors can decide whether or not to pursue a case.

Question 3

The due process model focuses on the premise that the repression of crime is one of the most important functions of government.

Accepted Answer

The due process model emphasizes the protection of individual rights and fair treatment in the judicial process, rather than prioritizing the repression of crime.

Question 4

When deciding to offer a concession to defendants, which selection below is NOT something prosecutors look for?

Accepted Answer

Prosecutors typically look for victim cooperation when deciding to offer a concession, as it can impact the strength of the case and the likelihood of a successful prosecution.

Question 5

In which case did the U.S. Supreme Court proclaim that plea bargaining is constitutional?

Accepted Answer

Santobello v. New York (1971) is the case where the U.S. Supreme Court recognized plea bargaining as a legitimate and constitutional practice, emphasizing the need for promises made during such agreements to be fulfilled.

Question 6

When the state has salaried lawyers who work full time to represent indigent defendants, it is an example of ______.

Accepted Answer

Public defenders are salaried lawyers employed by the government to provide legal defense for individuals who cannot afford to hire a private attorney.

Question 7

Critics state that prosecutors are guilty of this when trying to make a plea more appealing.

Accepted Answer

Critics argue that prosecutors may "pile on" charges at trial to pressure defendants into accepting plea deals, making the plea seem more appealing by comparison.

Question 8

When deciding to decline a concession to defendants, prosecutors will be least likely to look at whether there is ______.

Accepted Answer

Prosecutors are less likely to consider an uncooperative victim when deciding to decline a concession, as factors like strong evidence of guilt, a lengthy criminal record, and the seriousness of the crime are more directly related to the legal aspects of the case.

Question 9

Which state successfully banned plea bargaining?

Accepted Answer

Alaska is the state that successfully banned plea bargaining. This move was aimed at ensuring that the sentencing process remains transparent and that justice is served without compromise.

Question 10

Private lawyers, bar associations, law firms, or groups of attorneys enter into an agreement with the government to represent indigents. This is an example of ______.

Accepted Answer

Contract attorneys are lawyers, law firms, or groups of attorneys who enter into agreements with the government specifically to provide legal representation for indigents, distinguishing this option from assigned counsel systems or public defender offices.

Question 11

Identify which of the following does not have prosecutorial discretion.

Accepted Answer

In Germany, the legal system is based on civil law, and prosecutors are required to pursue all prosecutable offenses, leaving them with limited discretion compared to common law jurisdictions like the United States.

Question 12

Which of the following is NOT true about the Grand Jury?

Accepted Answer

The Grand Jury does not consider unlawfully obtained evidence.

Question 13

Identify which of the following statements regarding convictions is most accurate.

Accepted Answer

Research indicates that conviction rates do not significantly differ based on the type of legal representation, suggesting that the rates are virtually identical across different types of defense counsel.

Question 14

A total of 47 states elect their prosecutors.

Accepted Answer

In the United States, 47 states elect their prosecutors, allowing the public to vote for the individuals who will serve as their district attorneys or equivalent positions. This system is designed to ensure that prosecutors are accountable to the public.

Question 15

This model describes the courtroom as the process of speedily moving cases through the system.

Accepted Answer

The answer of This model describes the courtroom as the...

Question 16

Assigned counsel is a salaried lawyer paid by the government who works full time to provide legal defense to the indigent defenders.

Accepted Answer

Assigned counsel refers to private lawyers appointed by the court to represent indigent defendants on a case-by-case basis, rather than being salaried, full-time government employees.

Question 17

During this stage of the adversarial process, the suspect is brought before a judicial official and informed of charges.

Accepted Answer

During the initial appearance, a suspect is brought before a judicial official and informed of the charges against them, their rights, and the bail conditions if applicable. This is an early step in the criminal justice process, distinct from arraignment (where pleas are entered), indictment (the formal charge issuance by a grand jury), and the grand jury process itself (which determines whether enough evidence exists for an indictment).

Question 18

This model describes the court room as a battlefield ______.

Accepted Answer

The adversarial model describes the court room as a battlefield where two opposing parties present their arguments and evidence before an impartial judge or jury. This model emphasizes the conflictual nature of legal proceedings, contrasting with models that might emphasize consensus or procedural safeguards.

Question 19

Charge bargaining refers to defendants pleading guilty to some of the charges and others are in return dropped.

Accepted Answer

The answer of Charge bargaining refers to defendants pleading guilty...

Question 20

This model stresses the need for protecting suspects against the power of police, prosecutors, and judges.

Accepted Answer

The due process model emphasizes the need to protect the rights of individuals, ensuring fair treatment under the law and safeguarding against abuses of power by the criminal justice system, including police, prosecutors, and judges.

Quiz 7: Criminal Courts