Question 1

The prosecutor in federal criminal cases is called the:

Accepted Answer

The U.S. Attorney is the prosecutor in federal criminal cases. Defense attorneys represent the defendant, while public prosecutors and district attorneys typically refer to state or local prosecutors.

Question 2

During the pretrial process, prosecutors have a great deal of discretion. Which of the following is NOT one of the areas where prosecutors have a great deal of discretion?

Accepted Answer

Prosecutors do not have discretion in choosing which judge will hear the case. The judge assigned to the case is typically determined by a random assignment or court scheduling system.

Question 3

Which of the following holds that the government must provide a public defender
For those defendants too poor to hire one for themselves?

Accepted Answer

The Gideon Protection is the legal principle that requires the government to provide a public defender for those defendants who are too poor to hire one for themselves. This principle comes from the landmark Supreme Court case of Gideon v. Wainwright.

Question 4

Grand juries are often compared to which of the following?

Accepted Answer

Grand juries are often referred to as "the shield and the sword" because they protect individuals from unfounded charges (the shield) and authorize prosecution when there is probable cause (the sword).

Question 5

The Strickland Standard deals with which of the following?

Accepted Answer

The Strickland Standard is a legal precedent that established the constitutional requirements for effective assistance of counsel for a defendant in a criminal case. It requires that counsel's representation must meet an objective standard of reasonableness and that any errors or omissions of counsel must have been so serious as to deprive the defendant of a fair trial.

Question 6

A(n) __________ is a(n) erroneous prediction that a defendant, if given pretrial release, would commit a crime, when in fact they would not

Accepted Answer

A false positive is a type of error in which a test or measurement result indicates the presence of something, such as a condition or substance, that is not actually present. In this case, it refers to an erroneous prediction that a defendant will commit a crime if given pretrial release, when in fact they would not.

Question 7

Statistics show that the conviction rates of defendants with private counsel and those represented by publicly funded attorneys are:

Accepted Answer

Studies have shown that there is generally no significant difference in conviction rates between defendants who have private counsel and those who are represented by publicly funded attorneys. Therefore, choice A is the correct answer. Choices B and C are incorrect. The option D is also incorrect because statistics are available on who has private and public defense.

Question 8

Which of the following is true regarding defense attorneys?

Accepted Answer

The Sixth Amendment to the U.S. Constitution guarantees an indigent defendant's right to counsel, but the defendant cannot insist on a defense attorney that he cannot afford. However, the court must provide the defendant with an attorney if they cannot afford one. A, B, and C are incorrect statements.

Question 9

A written accusation that probable cause exists to believe that a named person has
Committed a crime is known as:

Accepted Answer

An indictment is a formal, written accusation that probable cause exists to believe that a named person has committed a crime. It is issued by a grand jury, after it has heard evidence from a prosecutor. Actus reus refers to the physical act of committing a crime, while a conviction is a legal finding of guilt after a trial or plea. A subpoena is a court order compelling a person to appear in court or provide testimony or evidence.

Question 10

An initial hearing in which a judge decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged is called a(n):

Accepted Answer

A preliminary hearing, also known as a probable cause hearing, is the initial hearing in which a judge decides if there is sufficient evidence to believe that the defendant committed the crime with which he or she is charged. This hearing takes place before trial and may result in the defendant being indicted or the case proceeding to trial. A discovery refers to the process of exchanging evidence between the prosecution and defense, an information is a formal accusation of a crime, and an indictment is a formal charging document issued by a grand jury.

Question 11

Which of the following is an exception to the attorney-client privilege requirement?

Accepted Answer

The attorney-client privilege does not protect information that pertains to future crimes or legal violations. If the defendant admits to knowledge of a crime that has yet to be committed, the attorney is required to report it to the proper authorities.

Question 12

Which of the following is NOT one of the required basic features of the adversary system of justice?

Accepted Answer

Testimony by the defendant is not a required basic feature of the adversary system of justice. In fact, defendants have the right to remain silent and not testify in their own trial under the Fifth Amendment's protection against self-incrimination. The other options A, B, and C are indeed required basic features of the adversary system of justice.

Question 13

The chief law officer of the nation is the:

Accepted Answer

The Attorney General is the chief law officer of the nation, responsible for enforcing federal laws, advising the President and the heads of executive departments, and representing the United States in legal matters. The Director of the FBI is a law enforcement official who reports to the Attorney General, while the President serves as the Commander in Chief of the military and has broader responsibilities beyond law enforcement. A public prosecutor is a legal official responsible for prosecuting criminal cases in a given jurisdiction, but they do not hold the role of chief law officer of the nation.

Question 14

What is the MOST important screening factor the prosecutor considers when making the decision to prosecute?

Accepted Answer

The most important screening factor the prosecutor considers when making the decision to prosecute is whether or not there is sufficient evidence for conviction. Without sufficient evidence, a case is unlikely to result in a conviction, which is the ultimate goal of prosecution. The other factors listed may also be considered but are not as crucial as the evidence.

Question 15

A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure is called:

Accepted Answer

The rule of evidence described in the question is known as the attorney-client privilege, where communications made in the context of a legal relationship between client and attorney are protected from disclosure without the client's consent.

Question 16

The grand jury is often compared to being little more than a __________ for the
Prosecution.

Accepted Answer

A rubber stamp is an object used to make a mark or a seal of approval on documents, without any consideration of the actual content. In the context of a grand jury, the term "rubber stamp" implies that the grand jury simply approves the prosecution's case without sufficiently scrutinizing it.

Question 17

Which of the following is NOT another name for a prosecutor?

Accepted Answer

A mediator is a neutral third party who helps facilitate communication and negotiation between parties in a dispute. This role is not the same as a prosecutor, who represents the government in criminal cases. The other choices, attorney general, county prosecutor, and district attorney, are all other names for a prosecutor.

Question 18

There is no uniform system for pretrial detention; each jurisdiction has its own general guidelines concerning the proper amount of bail that are called:

Accepted Answer

The answer of There is no uniform system for pretrial...

Question 19

The amount or conditions set by the court to ensure that an individual accused of a crime will appear for further criminal proceedings is called:

Accepted Answer

Bail is the amount of money or conditions set by the court to ensure an individual accused of a crime appears for further criminal proceedings. Property bond refers to using property as collateral instead of cash, release on recognizance is a type of bail where the accused is released without having to post bail. Preventative detention is the imprisonment of a person without the possibility of bail, typically for those considered a danger to society or a flight risk.

Question 20

In court the interests of the state or federal government are represented by the:

Accepted Answer

The public prosecutor represents the interests of the state or federal government in a criminal case. They are responsible for presenting the case against the defendant and seeking justice on behalf of the victim and the community.

Quiz 9: Pretrial Procedures: The Adversary System in Action