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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's position is a political appointment. Who appointed Dianne to her current role?
a. Speaker of the House
b. President
c. Governor
d. Senate Majority Leader
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 as a prosecutor for the federal government. Dianne's actual title is _______ attorney.
a. state
b. U.S.
c. district
d. county
Q:
_______ defendants are those who are too poor to afford their own lawyers.
a. Immigrant
b. Poor
c. Indigent
d. Minority
Q:
Some scholars have called defense attorneys ______ because they often work to prepare the defendant for the likely outcome of the case (usually conviction).
a. case builders
b. agent-mediators
c. arrangement-mediators
d. prison builders
Q:
________ defense attorneys now handle up to 85% of the cases in many places.
a. Publicly funded
b. Retained counsel
c. Corporate
d. Federal
Q:
An entry made by a prosecutor on the record of a case and announced in court to indicate that the charges specified will not be prosecuted is referred to as
a. discovery.
b. counts.
c. nolle prosequi.
d. trial.
Q:
The _________ sufficiency model aims at speedy and early disposition of a case.
a. legal
b. trial
c. system
d. justification
Q:
Prosecutors' relationships and interactions with police, victims, defense attorneys, judges, and the community form the core of the _______ relations that shape decision making in criminal cases.
a. exchange
b. casual
c. discretionary
d. decisions-making
Q:
A defense attorney who works to prepare the defendant for the likely outcome of punishment and who helps persuade the defendant to plead guilty is said to be performing the role of:
a. agent-mediator
b. slow plea of guilty
c. beleaguered dealer
d. beleaguered guilty
Q:
Which U.S. Supreme Court case involved setting standards for effective assistance of counsel?
a. United States v. Cronic (1984)
b. United States v. Leon (1984)
c. New York v. Quarles (1984)
d. Mapp v. Ohio (1961)
Q:
Which is true about public defenders?
a. They represent the state against criminal defendants.
b. They easily gain the trust of their clients.
c. They often face a heavy caseload.
d. Their interests are purely financial.
Q:
_____ is the term for an attorney who is employed on a full-time, salaried basis by the government to represent indigents?
a. Public defender
b. Assigned counsel
c. Contract counsel
d. Legal aid attorney
Q:
Which is true about attorney competence?
a. The U.S. Supreme Court has ruled that defendants are entitled to adequate counsel.
b. Attorneys assigned to death penalty cases must have appropriate training.
c. The only attorneys allowed to serve on criminal cases must have degrees in criminal law.
d. The U.S. Supreme Court has not clearly defined what "competent" means.
Q:
Community prosecution
a. is similar to the crime control model of law enforcement.
b. gives prosecutors responsibility for specific neighborhoods.
c. gives prosecutors limited access to police.
d. is an impersonal method of prosecution compared to current systems.
Q:
Why might a prosecutor not seek to file charges on behalf of a prostitute who is raped?
a. She has a criminal record.
b. The jury believes she played a role in her victimization.
c. Prosecutors do not believe the victim is deserving of their attention.
d. All of the above are reasons why a prosecutor may not seek to file charges on behalf of a prostitute who was raped.
Q:
Which role played by prosecutors is most responsive to public opinion?
a. Trial counsel for the police
b. House counsel for the police
c. Representative of the court
d. Elected official
Q:
When a defense attorney makes arguments for a client, whom the attorney expects will actually accept a plea bargain rather than face the risk of a jury verdict, this is called
a. agent-mediator.
b. slow plea of guilty.
c. beleaguered dealers.
d. agent guilty.
Q:
The television image of defense attorneys as strong advocates for their clients is based on the ______ model.
a. crime control
b. due process
c. equal protection
d. celebrity
Q:
Which is not true about defense attorneys?
a. Defense attorneys often provide psychological support for defendants and their families.
b. Defense attorneys advise defendants of their constitutional rights.
c. Defense attorneys act in accordance with their image on television dramas.
d. Defense attorneys must maintain relationships with prosecutors and judges to be effective.
Q:
The person who represents accused and convicted persons in the criminal justice system is called the
a. clerk of courts.
b. state's attorney.
c. defense attorney.
d. judicial attorney.
Q:
When a case is accepted and charges are made only if there is enough evidence to ensure conviction, a prosecutor is operating according to the _______ model.
a. system efficiency
b. legal sufficiency
c. trial sufficiency
d. legal efficiency
Q:
When prosecutors are merely asking whether there is enough evidence to serve as a basis for prosecution, they are operating according to the _______ model.
a. system efficiency
b. legal sufficiency
c. trial sufficiency
d. trial efficiency
Q:
Charges are not likely brought against offenders when victims
a. are upstanding members of society.
b. are not credible.
c. want the offender prosecuted.
d. are trustworthy.
Q:
Prosecutors are considered to have the central role in the justice process because they
a. issue verdicts that determine defendants' guilt.
b. have exchange relations with many other actors.
c. issue indictments to initiate charges.
d. hire and supervise police chiefs and sheriffs.
Q:
Which is not true concerning the role of a prosecutor?
a. A prosecutor has considerable discretion in the criminal justice system.
b. A prosecutor is influenced by other actors in the criminal justice system.
c. A prosecutor has independent authority to decide how to handle each case.
d. A prosecutor has limited influence in the early stages of the criminal justice process.
Q:
Nolle prosequi refers to the:
a. decision of the prosecutor to drop a case.
b. process of determining probable cause.
c. questioning of a jury in a criminal case.
d. power of the prosecutor to bring charges.
Q:
The process of a prosecutor sharing information with the defense is called:
a. nolle prosequi.
b. evidence sufficiency.
c. probable cause.
d. discovery.
Q:
After deciding that a case should be filed against an offender, the next step of the prosecutor is to determine
a. whether to seek the death penalty.
b. which charges to file against the offender.
c. whether the evidence was collected in accordance with constitutional regulations.
d. whether the police used excessive force in apprehending the offender.
Q:
Which is considered a distinct role of a prosecutor?
a. Trial counsel for the police
b. House counsel for the police
c. Representative of the court
d. Servant of the truth
Q:
Which best describes the discretion given to a prosecutor?
a. Limited discretion
b. Variant discretion
c. Broad discretion
d. Relative discretion
Q:
What is a "prosecution complex"?
a. When an offender fears unfair treatment by the prosecutor
b. When a judge sides with the prosecutor in a court decision
c. When a defense attorney comes to believe he or she represents the state
d. When prosecutors view themselves as an instrument of law enforcement
Q:
How might public opinion affect a prosecutor's decision to try a certain case?
a. Prosecutors conduct surveys of the community to determine which cases are most important.
b. Prosecutors are elected, so their decisions should reflect community values.
c. Prosecutors have no discretion to try casesthey must bring every case they receive to court.
d. Prosecutors keep the community happy by having low conviction rates.
Q:
Which is a factor that increases the power of prosecutors?
a. Many of their decisions are hidden from public view.
b. They must have a judge sign off on any decision to drop a case.
c. They are dependent on the defense attorney for witness statements.
d. Jurisdictional boundaries are sometimes confusing.
Q:
Which is not a name given to a prosecuting attorney?
a. District attorney
b. State's attorney
c. Commonwealth attorney
d. The people's attorney
Q:
What is the most common method of selection for the job of county prosecutor?
a. Merit selection
b. Appointment
c. Election
d. Volunteer
Q:
System efficiency refers to the presence of sufficient legal elements to ensure successful prosecution of a case.
a. True
b. False
Q:
Trial sufficiency is the policy of the prosecutor's office that encourages speedy and early disposition of cases in response to caseload pressures.
a. True
b. False
Q:
Contract counsel occurs when an attorney in private practice contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.
a. True
b. False
Q:
Because most cases are decided by plea bargains, defense attorneys feel it is unimportant to maintain good relations with those in the criminal justice system.
a. True
b. False
Q:
During the accusatory process, the suspect is arrested, booked, and indictment is granted.
a. True
b. False
Q:
Criminal sufficiency refers to the presence of the minimum legal elements necessary for prosecution of a case.
a. True
b. False
Q:
A state's chief legal officer, usually responsible for both civil and criminal matter is the state attorney general.
a. True
b. False
Q:
The prosecutor represents the accused or convicted offenders in their dealings with criminal justice officials.
a. True
b. False
Q:
Most cases are handled by criminal lawyers who must quickly process a large volume of cases for small fees.
a. True
b. False
Q:
The U.S. Supreme Court has clearly defined the term "ineffective counsel."
a. True
b. False
Q:
Findings from research have indicated there is little difference between the outcomes of private attorneys, public defenders, contract counsel, and assigned counsel.
a. True
b. False
Q:
Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that they are paid by the state.
a. True
b. False
Q:
Scholars often view public defenders as generally better than assigned counsel because public defenders are full-time government employees who are specialists in criminal law.
a. True
b. False
Q:
Most states use the "contract counsel" method of providing attorneys for those who cannot afford their own attorneys.
a. True
b. False
Q:
Assigned counsel are attorneys employed full time by the government to provide defense services to those offenders who cannot afford their own attorneys.
a. True
b. False
Q:
The majority of convicted offenders serving time in state prisons were indigent defendants who received publicly provided defense attorneys.
a. True
b. False
Q:
The "slow plea of guilty" occurs when decision makers have already made up their minds about the case, but the defense attorney goes through the motions of putting up a fight against the decision.
a. True
b. False
Q:
Although they cooperate in many cases, public defenders are sufficiently independent of prosecutors and judges to make choices about whether to seek a trial or to negotiate a plea.
a. True
b. False
Q:
Most criminal defense lawyers are able to become wealthy because there are so many rich celebrities and professional athletes who get into trouble with the law.
a. True
b. False
Q:
The largest group of attorneys in full-time criminal practice makes small fees for cases either as retained or assigned counsel.
a. True
b. False
Q:
Defense attorneys should never offer psychological support to their clients.
a. True
b. False
Q:
In most cases involving plea bargains and dismissals, defense attorneys are more like a cooperating partner and less like an all-out adversary to a prosecutor.
a. True
b. False
Q:
Because trials are so infrequent, defense attorneys' working lives tend to be quite different than the lives of attorneys as portrayed on television.
a. True
b. False
Q:
The job of the defense attorney is accurately depicted in most legally themed television shows.
a. True
b. False
Q:
Some communities may prefer that prosecutors not pursue punishment for crimes such as prostitution or gambling.
a. True
b. False
Q:
Close cooperation between prosecutors and the police is automatic in every case because of their similar views of crime and the fact that they work for the same sponsoring organization.
a. True
b. False
Q:
During the discovery process, it is legal for a prosecutor to hide from a defense attorney any evidence that tends to show that the defendant is innocent.
a. True
b. False
Q:
Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict innocent people.
a. True
b. False
Q:
The prosecutor's complex occurs when prosecutors push to close each case with a conviction and lack the ability to objectively evaluate whether the evidence truly shows the defendant is guilty.
a. True
b. False
Q:
The state's governor appoints most local prosecutors.
a. True
b. False
Q:
Prosecutors have great influence at virtually every stage of the criminal justice process.
a. True
b. False
Q:
Prosecutors are not influenced by the political system.
a. True
b. False
Q:
In most states, no higher authority can second guess or change the decision of a prosecutor.
a. True
b. False
Q:
The criterion for deciding whether evidence is strong enough to uphold an arrest is called
a. probable cause.
b. proof beyond a reasonable doubt.
c. preponderance of the evidence.
d. reasonable doubt.
Q:
In which role does the judge spend significant amounts of time behind closed doors talking to prosecutors and defense attorneys?
a. Adjudicator
b. Administrator
c. Negotiator
d. Electoral candidate
Q:
Which is the most likely to occur when a judge assumes the bench?
a. Will base decisions on factors other than the law
b. Will take a pay cut in order to assume a position on the bench
c. Will make more money than the highest-paid private attorneys
d. Will go straight from law school directly into a judging career
Q:
In the United States, the judicial system operates according to a(n) _______ system of justice.
a. adversarial
b. inquisitorial
c. civil law
d. authoritarian
Q:
Which is not a responsibility performed by judges?
a. Setting bail
b. Issuing search warrants
c. Making arrests
d. Scheduling hearings
Q:
Which statement is true regarding working as a judge?
a. Judges usually have very low caseloads.
b. The typical judge is a white female.
c. All judges must have doctoral degrees to sit on the bench.
d. Judges are usually able to set their own schedules and work hours.
Q:
What is the main purpose of drug courts?
a. To mete out harsh punishments to drug offenders
b. To teach children about the dangers of drug use
c. To bring "drug kingpins" to trial
d. To help drug offenders overcome their addictions
Q:
According to Cole and Smith, what is the biggest barrier to effective justice for state courts?
a. Lack of qualified judges
b. Too few courthouses
c. Not enough police officers
d. The fragmented structure of the judicial system
Q:
A court-appointed special advocate is someone who
a. serves jury duty.
b. acts as a judge in special courts.
c. has no official legal training.
d. must complete law school before serving.
Q:
Why would a local court want to implement a centralized court administration?
a. It would avoid problems with jurisdiction.
b. It would reduce caseloads.
c. It would prevent the political party in power from using those positions as "rewards."
d. It would help to eliminate gender and racial bias in hiring.
Q:
According to the figure, why is Georgia considered to have an "unreformed" court structure? a. It has neither reduced the number of courts nor standardized their names.
b. It has fewer trial courts of limited jurisdiction than does Alaska.
c. It uses a nonstandard name for the appellate courts.
d. It uses a nonstandard name for the trial courts of general jurisdiction.
Q:
Which is not a goal of a unified court system?
a. Eliminating overlapping boundaries
b. Creating a hierarchical court structure
c. Having courts funded by local government
d. Creating a centralized court structure