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Home » Counseling » Page 53

Counseling

Q: ____ evidence is any evidence presented by jurors tto see and understand without testimony.

Q: If a juror's responses indicate that he or she will not be able to make fair decisions, an attorney may request a(n) ______.

Q: Although challenges for cause fall ultimately under the judge's control, the prosecution and defense can exert their own control over the jury's composition through the use of _____.

Q: Oral evidence provided by a legally competent witness is called ______.

Q: A request to a higher court to review actions taken in a completed trial is called a(n) ______.

Q: _______ -member juries must vote unanimously to convict a defendant.

Q: Traditionally, jury trials involve _______ -person juries.

Q: The values and norms shared by the court community are referred to as the _______.

Q: ______ evidence includes items such as weapons, fingerprints, or stolen property, which are real items used in the commission of a crime.

Q: In the U.S. Supreme Court case of ________, it was decided that prosecutors must fulfill their promises in regard to plea bargains.

Q: In the U.S. Supreme Court case of ______, it was decided that defendants must uphold the plea agreement or suffer the consequences.

Q: A plea of guilty must be _______.

Q: A shared understanding that creates an expectation that a guilty plea will lead to a less-than-maximum sentence is called a(n) ______.

Q: For most cases, the most important step in the criminal justice process is _____.

Q: The local view of the proper sentence is called the _______.

Q: If individuals interact in the workplace and develop norms and shared goals, this is called a(n) ________.

Q: Slate recently received evidence, from discovery,regarding his client who is awaiting trial for armed robbery and attempted murder. There are two eye witness accounts, both of which identify Slate's client. There is also the weapon used in the crime and gunshot shells. Slates is convinced his client is going to have a long trial ahead of him. One of the witnesses became very ill just as the trial was scheduled to begin. How could the prosecutor delay the trial until the witness has recovered? a. Invent a delaying tactic. b. Ask the judge for acontinuance. c. Demand that justice be served. d. Don't show up at the beginning of the trial.

Q: Slate recently received evidence, from discovery,regarding his client who is awaiting trial for armed robbery and attempted murder. There are two eye witness accounts, both of which identify Slate's client. There is also the weapon used in the crime and gunshot shells. Slates is convinced his client is going to have a long trial ahead of him. The gun and shells that were recovered at the crime scene in Slate's case would be considered what type of evidence? a. Real evidence b. Demonstrative evidence c. Direct evidence d. Circumstantial evidence

Q: Slate recently received evidence, from discovery,regarding his client who is awaiting trial for armed robbery and attempted murder. There are two eye witness accounts, both of which identify Slate's client. There is also the weapon used in the crime and gunshot shells. Slates is convinced his client is going to have a long trial ahead of him. Slate states that eyewitness testimony exists stating that his client committed the crime. What type of evidence would this be considered? a. Real evidence b. Demonstrative evidence c. Direct evidence d. Circumstantial evidence

Q: Eli is a public defender who is representing his client in a first-degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify. Lacking DNA evidence and an eye witness to the crime, Eli believes the prosecutor may use his defendant's poverty to create a case based on the jury drawing conclusions from ______ evidence. a. circumstantial b. direct c. real d. demonstrative

Q: Eli is a public defender who is representing his client in a first-degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify. If a prospective juror states that all people who are poor are just lazy and deserve to be in prison, Eli can request that the juror be removed by requesting a a. peremptory challenge. b. challenge for cause. c. voir dire. d. dismissal.

Q: Eli is a public defender who is representing his client in a first-degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify. During ________, Eli will be able to determine what biases prospective jurors may have against his client. a. challenge for cause b. voir dire c. peremptory challenges d. testimony

Q: Eli is a public defender who is representing his client in a first-degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify. Because Eli's client's case is going before a judge with a reputation for "being tough on crime", it is safe to say the defendant will not opt for a a. bench trial. b. plea of guilty. c. jury trial. d. plea bargain.

Q: Eli is a public defender who is representing his client in a first-degree murder case. A plea arrangement could not be arranged, so the case is going to trial. In a matter of weeks, Eli will be forced to help seat a jury. He is hoping to have a chance to select jurors who will sympathize with his client, who grew up in abject poverty and has a low IQ. Eli is not sure what the outcome of this case will be considering that there is not an eyewitness to testify. Eli's client's case was more likely to go to trial than other cases because a. of the media interest in the case. b. the district attorney is up for reelection. c. he was charged withmurder. d. Eli is known as a great lawyer.

Q: The judge's instructions to the jury occurs a. once both sides have presented their case. b. at the beginning of the trial. c. once after the prosecution rests and again after the defense rests. d. as needed throughout the trial.

Q: An adjournment of a scheduled case until a later date is called a a. delaying tactic. b. continuance. c. casegrouping. d. cutrate.

Q: What makes the relationship between Ryan and Eric difficult sometime is that the trial process is based upon a. the adversary process. b. currying the judge's favor. c. being seen as team players. d. the prosecutor'sdiscretion.

Q: While the three men are working together to come to a plea agreement, all are trying to negotiate to receive the best outcome for their side, which is known as a(n) a. compromise. b. peremptatory challenge. c. exchange. d. settlement.

Q: Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric have a wonderful working relationship with the judge hearing the case. Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge. The arrangement that Ryan, Eric, and the judge are meeting to work on is a(n) a. condition of probation. b. parole meeting. c. injunction. d. plea bargain.

Q: Ryan is a district attorney in a small community. Ryan's best friend, Eric, happens to work in the public defender's office. Both Ryan and Eric have a meeting tomorrow morning with the superior court judge to discuss a case involving a sexual assault. The victim in the case would prefer not to testify in this case. Luckily, Ryan and Eric have a wonderful working relationship with the judge hearing the case. Both gentlemen are actually looking forward to coming to an arrangement in this case and having lunch afterward with the judge. Eric, Ryan, and the judge respect one another, which lends itself to a sense of professionalism within the confines of the courtroom. All parties know how to act and respond as their positions dictate. This attitude would be considered a. working group rules b. the local legal culture. c. common practice. d. enculturation.

Q: Discuss the day-to-day reality of criminal defense work in the United States.

Q: Describe the roles of the prosecuting attorney.

Q: Explain the advantages and disadvantages of community prosecution. Do you believe the general public be in support of this style of justice in their neighborhoods? Defend your position.

Q: Explain the elements ofinadequate counsel. Who determines what makes an attorney competent?

Q: It is an established fact that those who work within the public defender's office have an extensive caseload and low salary. What would draw an attorney to work in such circumstances? How do these characteristics impact attorney competence?

Q: What role does the advent of scientific technologies, such as DNA evidence, play in the prosecutor's decision to take a case to trial or to plea bargain? Have these technologies changed the way our adversarial system works? If so, is it more, or less, effective?

Q: What impact do budget cuts have for both prosecutors' and public defenders? How does this affect your view of how justice is served?

Q: Defense attorneys frequently work with prosecutors to process cases, which is inconsistent with the idea of an "adversarial" court system. In your opinion, does this help or harm criminal defendants?

Q: What method would you suggest for providing effective counsel to indigent defendants? Defend your position.

Q: Discuss the key relationships of the prosecutor with others in the criminal justice system.

Q: Would you agree or disagree with the statement that prosecutors have more power than judges in the courtroom? Defend your position.

Q: In _________ the Supreme Court determined what requirements must be met if defendants are to receive effective counsel.

Q: A ________ is an attorney employed on a full-time, salaried basis by the government to represent indigents.

Q: In ___________ the U.S. Supreme Court rejected the defendant's claim that his attorney did not adequately prepare for the sentencing hearing in a death penalty case

Q: The right to counsel is of little value when the counsel is neither competent nor ________.

Q: In the _________ model, a case is accepted and charges are made only when there is enough evidence to ensure conviction. For each case the prosecutor asks, "Will this case result in a conviction?"

Q: __________ represents an initiative to reduce crime and increase the effectiveness of the criminal justice system by bringing prosecutors into closer contact with citizens.

Q: ________ are the officials responsible for the prosecution of crimes that violate the laws of the United States; they are appointed by the president and assigned to a U.S. district court jurisdiction.

Q: The __________ is the state's chief legal officer, usually responsible for both civil and criminal matters.

Q: The development of ________ testing has freed many innocent people who were wrongly incarcerated.

Q: A private attorney who contracts with the government to represent all indigents is called _________.

Q: When a private attorney is chosen by a court to represent an indigent, this is referred to as ________.

Q: An attorney employed on a full-time basis by the government to represent the poor is called a(n) _______.

Q: _______ defendants cannot afford to hire a private attorney.

Q: Though the findings used with this are conclusive over 99% of the time, _________ evidence is not available to prove innocence in most cases.

Q: The _______ attorney frequently consoles the defendant's family and provides answers to questions about what comes next.

Q: The legal attorney who represents the accused is called a(n) _________.

Q: The series of events from the arrest of a suspect to the filing of a formal charge is called the _______ process.

Q: The ________ model seeks to determine whether there is enough evidence to serve as a basis for prosecution.

Q: Prosecutors wishing to maintain a high ________ rate will drop cases with weak evidence.

Q: Information is made available by prosecutors to defense attorneys during the _______ process.

Q: Each separate offense for which a person is charged is called a (n) _______.

Q: A prosecutor who believes his or her main function is to give legal advice so arrests will stand up in court has taken on the role of _______ for the police.

Q: The chief legal officer of the state is the _______.

Q: Officials responsible for prosecuting crimes against the federal government are called ____________________.

Q: In which case did the Supreme Court determine the requirements which must be met if defendants are to receive effective counsel? a. Miranda v. Arizona b. Strickland v. Washington c. Gideon v. Wainwright d. Mapp v. Ohio

Q: Which of the defense attorneys would receive their pay from the government? a. Public defender b. Assigned counsel c. Contract counsel d. Pro bono representation

Q: Defense attorneys are frequently referred to as _______ because of their role of managing large caseloads in difficult environments and preparing their clients for conviction. a. control agents b. agent-mediators c. agent provocateurs d. counselors

Q: Each separate offense of which a person is accused in an indictment or an information is called a a. rap sheet. b. bill of attainder. c. count. d. discovery.

Q: Jacob is an attorney who works in the local public defender's office. His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate. Even though he does get stressed, he has never questioned his career choice. Which is not one of the US Department of Justice's guidelines to determine whether a case should be dismissed? a. federal law enforcement priorities. b. nature and seriousness of the offense. c. person's history with respect to criminal activity. d. the reputation of the defense attorney representing theperson in question.

Q: Jacob is an attorney who works in the local public defender's office. His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate. Even though he does get stressed, he has never questioned his career choice. Jacob is overworked and some cases are given to private lawyers on a ______ basis. a. quid pro quo b. loaner c. contract d. nonbinding

Q: Jacob is an attorney who works in the local public defender's office. His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate. Even though he does get stressed, he has never questioned his career choice. The clients Jacob represents are likely a. immigrant. b. indigent. c. middle class. d. minority.

Q: John is a district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows that how he prosecutes this media-driven case may determine if he is reelected. Even though the community is demanding charges and a trial, it will be John's final decision to go to trial or plea bargain the case. John has a great deal of __________ in making his decision. a. dilemma b. authority c. discretion d. ability

Q: John is a district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows that how he prosecutes this media-driven case may determine if he is reelected. John has to meet the expectations of police, judges, and the community. This is commonly known as building ________ relationships. a. exchange b. interaction c. community d. cohesive

Q: John is a district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows that how he prosecutes this media-driven case may determine if he is reelected. Even though the public is demanding a trial, John makes plans to meet with the defense to see if they are willing to work out an agreement. John would prefer to _________ the case. a. charge b. withdraw c. drop d. plea bargain

Q: John is a district attorney for a large metropolitan area. He is facing reelection in approximately 1 year. During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year. Apparently, the player found his wife in a comprising position with another player on the team. John knows that how he prosecutes this media-driven case may determine if he is reelected. John is facing a great deal of pressure to charge the football player to the highest extent of the law. John knows what he would do if the suspect was an ordinary citizen. He also knows that his election is coming soon. The pressure that John is facing is known as the prosecutor's a. dilemma b. discretion c. role d. factor

Q: Dianne works for the federal governor as a prosecutor. She spends much of her time prosecuting drug crimes. Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system. Diane works in District 5 in Dallas, Texas. The US Department of Justice has guidelines which Diane that follow to determine whether a case should be dismissed? Which guideline below would Diane likely use in determining whether to dismiss a felony drug case? a. federal law enforcement priorities. b. nature and seriousness of the offense. c. deterrent effect of prosecution d. None of the above.

Q: Dianne works for the federal governor as a prosecutor. She spends much of her time prosecuting drug crimes. Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system. Diane works in District 5 in Dallas, Texas. Most of the defendants are very wealthy from money they gained from the sale of illegal drugs. Which defense attorneys listed below would Diane likely confront in court? a. Public defender b. Assigned counsel c. Contract counsel d. Private attorney

Q: Dianne works for the federal governor as a prosecutor. She spends much of her time prosecuting drug crimes. Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system. Diane works in District 5 in Dallas, Texas. Dianne spends a great deal of her time prosecuting drug crimes. Outside of drug offenses, which type of crime would Dianne prosecute the most? a. Murder b. White-collar crime c. Sexual assault d. Robbery

Q: Dianne works for the federal governor as a prosecutor. She spends much of her time prosecuting drug crimes. Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system. Diane works in District 5 in Dallas, Texas. Dianne works in Dallas, Texas, and she was appointed to District 5. How many districts are within the United States? a. 88 b. 90 c. 94 d. 96

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