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
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