Chapter 9: Pretrial Procedures

Chapter 9: Pretrial Procedures

TRUE/FALSE

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

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

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

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

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

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

7.Bail is a constitutional right.

8.Release on recognizance is a condition of sentencing.

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.

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

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

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

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

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

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

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

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

10.The American justice system is classified as

a. / democratic.
b. / autocratic.
c. / symbolic.
d. / adversarial.

REF:296

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

12.Which Amendment addresses bail?

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

REF:299

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

COMPLETION

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

REF:287

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

REF:289

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

REF:291

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

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

REF:295

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

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

Chapter 9: Pretrial Procedures – Worksheet 2

TRUE/FALSE

1.The grand jury is responsible for determining guilt or innocence.

TFREF:303-304

2.Prosecutors have the option to dismiss cases through a nolo contendere.

TFREF:305

3.The purpose of the arraignment is to allow the defendant an opportunity to hear the charges against him or her, and enter a plea.

TFREF:308

4.Nolo contendere means “I will not contest it” referring to the criminal charges.

TFREF:308

5.The plea bargaining process takes place once a guilty plea has been entered.

TFREF:309

6.About 50% of all criminal convictions are the result of plea bargaining.

TFREF:309

7.Overcharging is a tool used to induce a defendant to plead guilty.

TFREF:311

MULTIPLE CHOICE

1.In which case did the U.S. Supreme Court uphold preventive detention?

a. / Santobello v. New York (1971)
b. / Boykin v. Alabama (1969)
c. / Brady v. United States (1970)
d. / United States v. Salerno (1987)

REF:302

2.The primary purpose of discovery is for the

a. / prosecutor to seek evidence for conviction.
b. / judge to set the trial parameters for evidence.
c. / defense to obtain information from the judge.
d. / defense to request information from the prosecutor.

REF:302-303

3.Who is responsible for issuing an indictment?

a. / Judge or magistrate
b. / Prosecutor
c. / Grand jury
d. / Attorney general

REF:303

4.If a grand jury finds that probable cause exists, they will issue a(n) ______against the defendant.

a. / indictment
b. / complaint
c. / information
d. / verdict

REF:303

5.What percentage of cases are affected by a nolleprosequi action?

a. / 15%
b. / 20%
c. / 35%
d. / 50%

REF:305

6.What action is used by prosecutors to dismiss cases?

a. / Plea bargain
b. / nolleprosequi
c. / nolo contendere
d. / Appeal

REF:305

7.What is the most important factor a prosecutor considers when deciding on criminal prosecution?

a. / Existing caseloads
b. / Police certainty of guilt
c. / Sufficient evidence for conviction
d. / The victim’s wishes

REF:306

8.Which of the following is the most important factor when prosecutor consider whether or not to proceed with a prosecution?

a. / Whether or not there is sufficient evidence for conviction
b. / Whether or not the defendant is willing to testify against his or her accomplices
c. / Whether or not the victim is willing to cooperate with the prosecution
d. / Whether the community desires the prosecution of the offender

REF:306-307

9.Which action occurs during the arraignment?

a. / The defendant is sentenced
b. / The prosecutor presents evidence establishing probable cause
c. / The defense files a motion to dismiss charges
d. / The defendant enters a plea

REF:308

10.In which case did the U.S. Supreme Court hold that plea bargaining is “an essential [and] highly desirable” part of the criminal justice process.

a. / Santobello v. New York (1971)
b. / Boykin v. Alabama (1969)
c. / Brady v. United States (1970)
d. / North Carolina v. Alford (1970)

REF:309

11.When the prosecutor raises the level of the charges above where it should be in order to induce a plea bargain, (s)he is participating in

a. / vertical overcharging.
b. / unethical overcharging.
c. / horizontal overcharging.
d. / lateral overcharging.

REF:311

12.Why would a defendant sign a Boykin form?

a. / To acknowledge waiving his or her right to counsel
b. / To acknowledge waiving his or her right to a trial
c. / To acknowledge voluntarily making a guilty plea
d. / To admit what crime he or she committed

REF:312

COMPLETION

1.If a judge authorizes , the defendant is released once the security is posted.

REF:299

2.The one who agrees, for a fee, to pay the bail amount if the accused fails to appear in court is called a

REF:300

3.______detention allows judges to deny bail to suspects with prior records of violence or nonappearance for trial.

REF:301

4.A charge or written accusation, issued by a grand jury is a(n) .

REF:303

5.______is the term used to describe the process through which prosecutors decide whether to prosecute each person arrested.

REF:305

6.A ______form must be completed by each defendant who pleads guilty, stating that he or she has done so voluntarily and with full comprehension of the consequences.

REF:312