Exam 12: Basic Constitutional Rights of the Accused During Trial

The right to counsel attaches:

In most jurisdictions, when the police take a criminal case to the prosecutor's office, prosecutors may: I. release suspects outright by not charging them. II. divert the case into a program for community service. III. start formal judicial proceedings by filing an information. IV. divert the case into a restitution program.

In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:

All dismissals because of speedy trial violations are with prejudice.

The prohibition against double jeopardy prohibits all of the below, except:

Which of the following actions are prohibited by the double jeopardy clause? I. a second prosecution for the same offense after a hung jury II. multiple punishments for the same offense III. a second prosecution for the same offense after conviction IV. a second prosecution for the same offense after acquittal

A factor that the court can consider in deciding a motion for change of venue include is:

If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:

Due process of law requires not just counsel, but effective counsel.

It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.

The prohibition against double jeopardy is found in:

If an arrested person does not receive a judicial determination of probable cause within 48 hours, the state bears the burden of proving that there has not been an unreasonable delay.

Both the state and defense may move for changes of venue.

The principal mechanisms for testing the government's case against defendants prior to trial include: I. grand jury review. II. first appearance. III. arrest warrants. IV. preliminary hearings.

A decision by a prosecutor not to charge a crime if the suspect performs community service instead is called __________________.

After grand jurors are sworn in, they are charged by the:

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.

In Strickland v. Washington, the Supreme Court adopted which standard to evaluate the performance of defense counsel in a criminal case?

The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their attorney's performance was not reasonably competent.

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to them is called _____________.