Cengage Tests Ch. 11 & 12

Front 1

The availability of treatment and detention facilities, caseload size, and the number of prosecutors available are all what type of factors that influence prosecutorial discretion?

a. Legal issues
b. Resource issues
c. Extralegal issues
d. Victim issues

Back 1

b. Resource Issues

THE ANSWER IS NOT LEGAL ISSUES BECAUSE: Prosecutors are frequently influenced by legal issues, such as whether or not the police legally seized evidence

Front 2

The provision of free defense counsel for the indigent in state and federal criminal cases began with which of the following court cases?

Back 2

GIDEON VS. WAINWRIGHT

Front 3

In which of the following situations has the court required assistance of counsel for the accused?

a. Postrelease revocation hearing
b. Misdemeanor case involving jail time
c. Grand jury investigation
d. Pre-indictment lineups

Back 3

b. Misdemeanor case involving jail time

Front 4

Which of the following is not one of the duties of a prosecutor?

a. Maintain administrative control over grand jury proceedings.
b. Represent the government in appeals.
c. Subpoena witnesses to a crime.
d. Investigate possible violations of the law.

Back 4

a. Maintain administrative control over grand jury proceedings.

Front 5

Community prosecution refers to:

a. a prosecutorial philosophy that emphasizes community support and cooperation.
b. a prosecutorial philosophy of swiftly prosecuting dangerous offenders who commit a high proportion of the crimes in a community.
c. the practice of prosecuting minor crimes occurring in a community.
d. the practice of opening prosecutor's offices in neighborhood police substations.

Back 5

a. a prosecutorial philosophy that emphasizes community support and cooperation.

Front 6

The prosecutor may decide to seek a criminal complaint through grand jury or:

a. criminal courts process.
b. chief prosecutor filings.
c. judicial procedure.
d. information procedure.

Back 6

d. information procedure.

Front 7

The right to counsel begins at which point of the criminal process?

a. At arrest
b. When handcuffed
c. When a suspect is interrogated
d. In the courtroom

Back 7

c. When a suspect is interrogated

Front 8

Which of the following systems is a provision of legal services to indigent defendants by private attorneys under contract to the state or county?

a. Public defender programs
b. Contract systems
c. Assigned counsel programs
d. Judicial delegation systems

Back 8

b. Contract systems

Front 9

Which of the following systems would most likely be used in areas which are rural and generally have small caseloads?

a. Public defender
b. Mixed
c. Contract
d. Assigned counsel

Back 9

d. Assigned counsel

Front 10

What is considered to be the most significant problem facing indigent defense systems?

a. Attorney burnout
b. Lack of competent attorneys
c. Lack of government funding
d. Low attorney salaries

Back 10

c. Lack of government funding

Front 11

TRUE/FALSE
The prosecutor is an appointed position that is responsible for bringing the state's case against the accused.

Back 11

FALSE

The prosecutor is an appointed position that is responsible for bringing the state's case against the accused.

Front 12

TRUE/FALSE
Indigent legal services cost more than $1.5 billion annually.

Back 12

TRUE

Front 13

TRUE/FALSE
Restorative prosecution is a prosecutorial philosophy that emphasizes community support and cooperation with other agencies in preventing crime as well as a less centralized and more proactive role for local prosecutors.

Back 13

FALSE

Community prosecution is a prosecutorial philosophy that emphasizes community support and cooperation with other agencies in preventing crime as well as a less centralized and more proactive role for local prosecutors.

Front 14

TRUE/FALSE
The ethical dilemmas of the prosecutor and defense attorney are the same.

Back 14

FALSE

Because the defense attorney and the prosecutor have different roles, their ethical dilemmas may also differ substantially

Front 15

Pretrial procedures help courts deal with what common problem?

a. Determine who can safely be released pending trial.
b. Determine an appropriate sentence for an offender.
c. Determining guilt or innocence.
d. Determine if there is enough probable cause to charge a defendant.

Back 15

a. Determine who can safely be released pending trial.

Front 16

Which of the following is not a common criticism of bail?

a. Those that do not make bail receive longer sentences.
b. It is necessary to detain those that are likely to commit more crime.
c. It is dehumanizing.
d. It discriminates against the poor.

Back 16

b. It is necessary to detain those that are likely to commit more crime.

Front 17

The U.S. Supreme Court's interpretation of the Eighth Amendment's provisions on bail was set out in what case?

a. Boykin v. Alabama (1969)
b. Stack v. Boyle (1951)
c. United States v. Salerno (1987)
d. Schall v. Martin (1984)

Back 17

b. Stack v. Boyle (1951)

Front 18

According to ROR:

a. the defendant is required to pay a percentage of the bond to a bonding agent who posts the full bail.
b. the defendant is released with no immediate requirement of payment, however if the defendant fails to appear he/she is liable for the full amount.
c. the defendant is released after promising to obey some specified conditions in lieu of cash, such as attending a treatment program.
d. eligible defendants are released without bail upon their promise to return for trial.

Back 18

d. eligible defendants are released without bail upon their promise to return for trial.

Front 19

The most striking use of preventive detention can be found in which of the following?

a. The Constitution
b. The Civil Rights Act of 1964
c. The Eighth Amendment
d. The Bail Reform Act of 1984

Back 19

d. The Bail Reform Act of 1984

Front 20

In the case United States v. Salerno (1987), the U.S. Supreme court found that:

a. preventive detention is constitutionally permissible.
b. prevention detention is only permissible if the defendant is allowed to live in the community before going to trial.
c. preventive detention was permissible in all non-drug related cases.
d. preventive detention is unconstitutional.

Back 20

a. preventive detention is constitutionally permissible.

Front 21

After examining the evidence and testimony of witnesses, the grand jury decides:

a. the sentence of the defendant.
b. whether to release the defendant on bail.
c. whether the defendant is guilty or innocent.
d. whether probable cause exists for prosecution.

Back 21

d. whether probable cause exists for prosecution.

Front 22

The grand jury is codified in the ________ Amendment of the U.S. Constitution.

Back 22

5th Amendment

Front 23

The purpose of the preliminary hearing is to:

a. confirm the decision of the grand jury.
b. establish if the booking procedures were carried out correctly.
c. set the sentence for the crime.
d. determine if probable cause is sufficient to merit a trial.

Back 23

d. determine if probable cause is sufficient to merit a trial.

Front 24

According to the ________ Amendment of the U.S. Constitution, the accused has the right to be informed of the nature and cause of the accusation; thus, the judge at the arraignment must make sure the defendant clearly understands the charges.

a. Fourth
b. Sixth
c. Fifth
d. Eighth

Back 24

b. Sixth Amendment

4th Amendment: unreasonable searches and seizures
5th Amendment: the grand jury; rights of the accused criminals
6th Amendment: assistance of counsel; process for obtaining favorable witnesses
7th Amendment: the right to a jury trial
8th Amendment: Excessive Bail

Front 25

Which of the following is not an advantage given to the accused by a pretrial diversion program?

a. Ability to continue educational goals.
b. Avoiding all contact with the criminal justice system.
c. Access to rehabilitation services, such as drug or anger management counseling.
d. Avoiding the stigma of a criminal record.

Back 25

b. Avoiding all contact with the criminal justice system.

Front 26

In ________, the court indicated that the promise of a prosecutor that rests on a guilty plea must be kept in a plea bargaining agreement.

Back 26

a. Santobello v. New York

Front 27

TRUE/ FALSE
Avertable recidivists are those whose crime could have been prevented if they had not been given discretionary release and instead had been kept in jail.

Back 27

TRUE

Front 28

TRUE/FALSE
Researchers have recently found that in approximately 25 percent of the cases where DNA testing resulted in a conviction being overturned, false confessions were given.

Back 28

TRUE

Front 29

TRUE/FALSE
In Santobello v. New York the court has ruled that the promise of the prosecutor must be kept and that a prosecutor's breaking of a plea bargaining agreement required a reversal for the defendant.

Back 29

TRUE