Question 1

Which of the following is not one of the powers of the prosecutor?

Accepted Answer

All of the listed options are powers of the prosecutor. Therefore, D is not the correct option as it includes all the options listed.

Question 2

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

Accepted Answer

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

Question 3

At which of the following stages in the criminal process does the right to counsel not attach?

Accepted Answer

The right to counsel does not attach at the bail setting stage in the criminal process. The right to counsel attaches at the point of arraignment, preliminary hearing, and plea bargaining negotiations.

Question 4

The primary purpose of bail is to ensure _____.

Accepted Answer

Bail is a monetary deposit or property relinquished by the defendant to ensure that they will appear for their trial. This helps to ensure the defendant's appearance for trial.

Question 5

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

Accepted Answer

A probable cause hearing is also known as a Gerstein hearing. This legal proceeding is held to determine whether there is sufficient evidence to hold a suspect in custody until trial or to issue an arrest warrant. It is named after the landmark 1979 case Gerstein v. Pugh, which established that a person arrested without a warrant is entitled to a prompt hearing before a judge to determine whether there is probable cause for detention or release.

Question 6

Determination of probable cause for detainment of an individual is unnecessary for all but which of the following scenarios?

Accepted Answer

When a suspect is arrested without a warrant, a determination of probable cause is necessary to comply with the Fourth Amendment of the US Constitution, which protects citizens against unreasonable searches and seizures. In all other scenarios (B, C, and D), probable cause has already been determined through the legal process.

Question 7

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 typically switches from the police to the prosecutor after the suspect's arrest, as the prosecutor then decides whether to file charges and proceed with the case.

Question 8

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 legal assumption that prosecutors honestly, fairly, and responsibly exercise their authority except where there exists clear evidence to the contrary is known as the presumption of regularity. It is based on the idea that the legal system relies on the integrity of prosecutors to uphold justice and that the burden of proof is on the defendant to prove otherwise.

Question 9

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 10

Historically, under English common law, which defendants were entitled to counsel?

Accepted Answer

The answer of Historically, under English common law, which defendants...

Question 11

An individual who is released on recognizance has been ____.

Accepted Answer

When an individual is released on recognizance, they are released without being required to post any bail. This is typically granted to individuals who have a low flight risk and are not deemed a danger to society.

Question 12

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

Accepted Answer

Vindictive prosecution occurs when a prosecutor retaliates against a defendant for exercising his/her constitutional rights, such as the right to remain silent or the right to an attorney. This can include increasing the charges against the defendant or seeking harsher penalties as a form of punishment for asserting these rights.

Question 13

Which of the following is not a reason judges are extremely reluctant to review prosecutorial decisions to prosecute?

Accepted Answer

The answer of Which of the following is not a...

Question 14

The U.S. Supreme Court has held that _____ are entitled to the assistance of counsel.

Accepted Answer

The U.S. Supreme Court has ruled that defendants are entitled to the assistance of counsel if they are sentenced to any period of incarceration, even if it is just one day.

Question 15

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

Accepted Answer

Selective prosecution refers to the choice of prosecutors to target individuals based on their characteristics, such as their sex, race, religion or political affiliation. This practice is unconstitutional and violates the equal protection clause of the Fourteenth Amendment. Discriminatory prosecution, on the other hand, specifically targets individuals based on their race or ethnicity, while ominous and vindictive prosecution involve different motives for prosecution.

Question 16

If a defendant posts bond via a bail bondsman but then does not appear for trial, all but which of the following is likely to happen?

Accepted Answer

The answer of If a defendant posts bond via a...

Question 17

Which of the following does not occur at the initial appearance?

Accepted Answer

The defendant is not typically informed of his/her right of postconviction appeals at the initial appearance. This is because it pertains to the possibility of being convicted and sentenced, which would occur at a later stage in the criminal justice process. The other options (A, B, and C) are rights that are typically addressed at the initial appearance.

Question 18

In which landmark case did the U.S. Supreme Court abolish the old "special circumstances" test and hold that the right to counsel for indigent defendants applied to all individuals charged with felonies?

Accepted Answer

In Gideon v. Wainwright (1963), the U.S. Supreme Court held that the right to counsel for indigent defendants applied to all individuals charged with felonies, thereby abolishing the old "special circumstances" test.

Question 19

Individuals being held in pretrial detention are _____ until trial.

Accepted Answer

Individuals being held in pretrial detention are usually held in short-term jails, which are facilities specifically designed to hold pretrial detainees until their court date. Local prisons are typically used for individuals who have been convicted of a crime and sentenced to serve time. House arrest is a possible option for some pretrial detainees, but it is not the typical approach. There are no restrictions on leaving the state for pretrial detainees as long as they comply with any conditions of their release.

Question 20

Preventive detention is designed to hold for trial all but which of the following?

Accepted Answer

Preventive detention is not designed to hold defendants who cannot afford to post bail. It is meant to keep defendants who pose a risk to the community or are deemed a flight risk detained until their trial.

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