Question 1

All dismissals because of speedy trial violations are with prejudice.

Accepted Answer

Dismissals for speedy trial violations can be either with prejudice or without prejudice, depending on the severity of the violation and the specific circumstances of the case. A dismissal with prejudice means the case cannot be refiled, while a dismissal without prejudice allows for the case to be refiled.

Question 2

Prosecutors' discretionary power to charge is practically _______________.

Accepted Answer

The answer of Prosecutors' discretionary power to charge is practically...

Question 3

The formal name for the place where a trial is held is the _______________.

Accepted Answer

The answer of The formal name for the place where...

Question 4

A lawyer who gets paid by the client is called _______________ counsel.

Accepted Answer

The answer of A lawyer who gets paid by the...

Question 5

The actual prejudice test deals with the effects of harmful publicity.

Accepted Answer

The actual prejudice test is a legal standard used to determine whether a defendant's trial was unfairly prejudiced by pretrial publicity or other factors, focusing on the actual impact of such publicity on the jury's impartiality and the trial's fairness.

Question 6

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as _______________.

Accepted Answer

The answer of The pretrial release mechanism that is based...

Question 7

The pretrial detention of dangerous suspects who pose a threat to community safety is called _______________ _______________.

Accepted Answer

The answer of The pretrial detention of dangerous suspects who...

Question 8

Due process of law requires not just counsel, but effective counsel.

Accepted Answer

Due process of law, as interpreted by the U.S. Supreme Court, requires not just the provision of counsel for defendants in criminal cases (Gideon v. Wainwright, 1963) but also that the counsel provided must be effective (Strickland v. Washington, 1984). This means that defendants are entitled to representation that meets a certain standard of competence.

Question 9

Most recent legal commentary supports the grand jury process.

Accepted Answer

Legal commentary is divided on the grand jury process, with many critics arguing that it lacks transparency, is subject to prosecutorial manipulation, and often does not protect the rights of the accused.

Question 10

The Constitution ensures that a change of venue occurs only at the defendant's request and only where great _______________ would otherwise exist.

Accepted Answer

The answer of The Constitution ensures that a change of...

Question 11

Defendants may only plead nolo contendere with the permission of the court.

Accepted Answer

A nolo contendere plea, also known as a "no contest" plea, requires the court's approval because it means the defendant does not admit guilt but also does not contest the charges, which has specific legal implications.

Question 12

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.

Accepted Answer

The answer of A defendant's motion to change venue does...

Question 13

Both the state and the defense may move for a change of venue.

Accepted Answer

The answer of Both the state and the defense may...

Question 14

Criminal defendants have an absolute right to bail that is guaranteed by the United States Constitution.

Accepted Answer

The United States Constitution does not guarantee an absolute right to bail. The Eighth Amendment prohibits excessive bail but does not ensure that all defendants will be granted bail in every circumstance.

Question 15

Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of double jeopardy, according to the _______________ _______________ doctrine.

Accepted Answer

The answer of Even arising out of the same facts,...

Question 16

Preliminary hearings are adversarial proceedings.

Accepted Answer

Preliminary hearings are adversarial proceedings because they involve both the prosecution and the defense presenting their arguments and evidence to the court, with the judge deciding whether there is enough evidence to proceed to trial.

Question 17

A jury that cannot reach a verdict after lengthy deliberations is a(n)_______________ jury.

Accepted Answer

The answer of A jury that cannot reach a verdict...

Question 18

The current test used to evaluate the effectiveness of counsel only requires a defendant to show that the attorney's performance was not reasonably competent.

Accepted Answer

The current test to evaluate the effectiveness of counsel, established by the Strickland v. Washington case, requires a defendant to show two things: first, that the attorney's performance was deficient and fell below an objective standard of reasonableness; and second, that the deficient performance prejudiced the defense, meaning there is a reasonable probability that, but for the attorney's unprofessional errors, the result of the proceeding would have been different.

Question 19

A decision by a prosecutor not to bring charges for a crime if the suspect performs community service instead is called _______________.

Accepted Answer

The answer of A decision by a prosecutor not to...

Question 20

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to the charges is called the _______________.

Accepted Answer

The answer of The stage of the criminal process at...

Quiz 12: Court Proceedings I Before Trial