Chapter 9: Test Bank - Weebly



Chapter 9: Pretrial Procedures – Worksheet 1

TRUE/FALSE

1. The attorney general within each state has direct control over all prosecutors within the state’s boundaries on all legal matters.

T F REF: 287 OBJ: 1

2. The relationship between law enforcement and the prosecutor’s office is symbiotic in nature.

T F REF: 288-289 OBJ: 2

3. The right to counsel is guaranteed in the Sixth Amendment.

T F REF: 291 OBJ: 3

4. Indigent defendants may choose the attorney who will serve as their public defender.

T F REF: 293 OBJ: 4

5. The American criminal court operates as an adversary system.

T F REF: 296 OBJ: 5

6. After an arrest has been made, the first step towards determining innocence or guilt is the initial appearance.

T F REF: 297 OBJ: 6

7. Bail is a constitutional right.

T F REF: 299 OBJ: 7

8. Release on recognizance is a condition of sentencing.

T F REF: 300 OBJ: 7

MULTIPLE CHOICE

1. Prosecutors have discretion to do all of the following EXCEPT

|a. |stop the prosecution of a defendant. |

|b. |issue an indictment. |

|c. |determine the level of criminal charges to be brought against a suspect. |

|d. |determine if an individual will be charged with a crime. |

REF: 287 OBJ: 1

2. What title is given to the chief law officer of the state?

|a. |Attorney general |

|b. |Chief Prosecutor |

|c. |District attorney |

|d. |General counsel |

REF: 287 OBJ: 1

3. As an elected official, the prosecutor must answer to ______________

|a. |law enforcement. |

|b. |the voters. |

|c. |judges. |

|d. |the American Bar Association. |

REF: 288 OBJ: 8

4. Police officers are often concerned with __________, while prosecutors are concerned with ________________.

|a. |factual guilt, legal guilt |

|b. |assumed guilt, real guilt |

|c. |practical guilt, assessed guilt |

|d. |legal guilt, evidential guilt |

REF: 289 OBJ: 2

5. What is the defense attorney’s largest responsibility?

|a. |Ensure a not guilty verdict |

|b. |Make sure the defendant does not serve time in prison or jail |

|c. |File motions to dismiss charges |

|d. |Serve as advocate for the defendant |

REF: 291 OBJ: 3

6. Which case did the U.S. Supreme Court hold that the state must provide counsel to those who cannot afford to hire one for themselves?

|a. |Berger v. United States (1935) |

|b. |Gideon v. Wainwright (1963) |

|c. |Argersinger v. Hamlin (1972) |

|d. |United States v. Zolin (1989) |

REF: 291 OBJ: 4

7. Which case did the U.S. Supreme Court extended the entitlement to state-provided counsel to juveniles?

|a. |Berger v. United States (1935) |

|b. |Gideon v. Wainwright (1963) |

|c. |Argersinger v. Hamlin (1972) |

|d. |In re Gault (1967) |

REF: 291 OBJ: 4

8. Which of the following is not one of the methods used for assigning attorneys to represent indigent defendants?

|a. |Public defender programs |

|b. |Law school training programs |

|c. |Assigned counsel programs |

|d. |Contracting attorney programs |

REF: 293 OBJ: 4

9. Under what circumstance may an attorney break attorney-client privilege?

|a. |His or her client discloses information about a crime that has not yet been committed |

|b. |The client confesses to crimes that remain officially unsolved. |

|c. |The client confesses to the murder of a child |

|d. |The client confesses to sexual assaults or rapes |

REF: 295 OBJ: 4

10. The American justice system is classified as

|a. |democratic. |

|b. |autocratic. |

|c. |symbolic. |

|d. |adversarial. |

REF: 296 OBJ: 5

11. During which proceeding is an accused advised of the charges, right to counsel, and applicable bail?

|a. |Initial appearance |

|b. |Preliminary hearing |

|c. |Time of arrest |

|d. |Arraignment |

REF: 297 OBJ: 6

12. Which Amendment addresses bail?

|a. |Fourth |

|b. |Fifth |

|c. |Sixth |

|d. |Eighth |

REF: 299 OBJ: 7

13. According to the text, which of the following is not a factor in a judge’s decision to set bail?

|a. |The risk the defendant will commit another offense |

|b. |The victim’s wishes |

|c. |The risk the defendant will fail to appear |

|d. |Overcrowded jails |

REF: 299-300 OBJ: 7

COMPLETION

1. Public are trial lawyers who initiate and conduct cases in the name of the people.

REF: 287 OBJ: 1

2. Police officers often focus on factual guilt, whereas prosecutors are ultimately concerned with _______________.

REF: 289 OBJ: 2

3. Court-appointed attorneys who are paid by the state to represent those unable to afford counsel are called .

REF: 291 OBJ: 3

4. In Gideon v. Wainwright (1963), the U.S. Supreme Court held that any person coming to court whose freedom is jeopardized is entitled to .

REF: 291 OBJ: 3

5. Unless the defendant consents to disclosure, communication between client and attorney is subject to _______________.

REF: 295 OBJ: 4

6. The system is the legal system in which the court arrives at a decision of guilt or innocence based on evidence presented by the contestants—prosecutor and defender.

REF: 296 OBJ: 5

7. The defendant is informed of the charges, advised of the right to counsel, told the amount of bail, and given a date for the preliminary hearing during the .

REF: 297-298 OBJ: 6

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download