Question 1

This is the initial hearing in which a defendant is advised of his or her rights and the procedure the court will follow.

Accepted Answer

A)  first appearance 
B)  initial appearance 
C)  arraignment 
D)  all of the above 
A)  first appearance 
B)  initial appearance 
C)  arraignment 
D)  all of the above D

Question 2

At several points during the case, the defense attorney will question the prosecutor's case, both in private conversations with the prosecutor and in open court.

Accepted Answer

A) True 
 B)False  True

Question 3

Under what type of indigent defense system are attorneys assigned to cases as needed?

Accepted Answer

A)  coordinated assigned counsel system 
B)  pro bono assigned counsel system 
C)  contract assigned counsel system 
D)  ad hoc assigned counsel program 
A)  coordinated assigned counsel system 
B)  pro bono assigned counsel system 
C)  contract assigned counsel system 
D)  ad hoc assigned counsel program D

Question 4

Which is a compelling reason for the government to tread on Fourth Amendment rights and conduct a warrantless search?

Accepted Answer

A)  It is permitted by the Eighth Amendment. 
B)  Permission is given by the chief of police or county sheriff. 
C)  The police have no idea what they're looking for. 
D)  Police may search if they believe evidence is likely to be destroyed before a warrant can be obtained. 
A)  It is permitted by the Eighth Amendment. 
B)  Permission is given by the chief of police or county sheriff. 
C)  The police have no idea what they're looking for. 
D)  Police may search if they believe evidence is likely to be destroyed before a warrant can be obtained.

Question 5

According to the text, what are some of the main concerns of the procedural law?

Accepted Answer

A)  the right to have a judge who shares the defendant's racial/ethnic status 
B)  the right to have the state post bail for the defendant 
C)  protection from double jeopardy 
D)  the right to have the defendant's attorney determine the charge 
A)  the right to have a judge who shares the defendant's racial/ethnic status 
B)  the right to have the state post bail for the defendant 
C)  protection from double jeopardy 
D)  the right to have the defendant's attorney determine the charge

Question 6

Pro bono means _____.

Accepted Answer

A)  for no payment 
B)  for the common good 
C)  for the best clients 
D)  for the state 
A)  for no payment 
B)  for the common good 
C)  for the best clients 
D)  for the state

Question 7

Under the_____, the courts decided that the inability to pay for an attorney should not be a limiting factor in the due process provided in the criminal trial.

Accepted Answer

A)  Sixth Amendment 
B)  Fifth Amendment 
C)  Fourteenth Amendment 
D)  Eighth Amendment 
A)  Sixth Amendment 
B)  Fifth Amendment 
C)  Fourteenth Amendment 
D)  Eighth Amendment

Question 8

In working within the courtroom workgroup, the defense attorney interacts most extensively with the _____.

Accepted Answer

A)  judge 
B)  prosecutor 
C)  jury 
D)  witnesses 
A)  judge 
B)  prosecutor 
C)  jury 
D)  witnesses

Question 9

The right to counsel is an ancient protection that dates back to Babylonian legal codes.

Accepted Answer

A) True 
 B)False

Question 10

The _____ specifies that suspects are not required to present evidence that can be used against them in court.

Accepted Answer

A)  Fourth Amendment 
B)  Eighth Amendment 
C)  Fifth Amendment 
D)  Fourteenth Amendment 
A)  Fourth Amendment 
B)  Eighth Amendment 
C)  Fifth Amendment 
D)  Fourteenth Amendment

Question 11

In which type of defense reasoning does the defense attorney present evidence showing that the defendant could not have committed the offense because he or she was not at the location when the offense was committed?

Accepted Answer

A)  I didn't do it (alibi). 
B)  I did it but ... (I was insane). 
C)  I didn't do it (presumption of innocence). 
D)  I did it, but ... (It was entrapment). 
A)  I didn't do it (alibi). 
B)  I did it but ... (I was insane). 
C)  I didn't do it (presumption of innocence). 
D)  I did it, but ... (It was entrapment).

Question 12

Jurisdiction does not include:

Accepted Answer

A)  the level of court, state or federal 
B)  the authority to handle felony versus misdemeanor offenses 
C)  whether the case includes a constitutional issue 
D)  the obligation of the state to hear federal appeals 
A)  the level of court, state or federal 
B)  the authority to handle felony versus misdemeanor offenses 
C)  whether the case includes a constitutional issue 
D)  the obligation of the state to hear federal appeals

Question 13

Some jurisdictions neither elect nor appoint public defenders, but rather contract with local law firms to provide indigent defense services.

Accepted Answer

A) True 
 B)False

Question 14

Which legislation requires the federal government to initiate prosecutions within 100 days of arrest?

Accepted Answer

A)  Brady Act 
B)  Speedy Trial Act 
C)  USA PATRIOT Act 
D)  Timely Prosecution Act 
A)  Brady Act 
B)  Speedy Trial Act 
C)  USA PATRIOT Act 
D)  Timely Prosecution Act

Question 15

This case set forth that indigent defendants have the right to court-appointed attorneys in felony cases.

Accepted Answer

A)  Miranda v. Arizona 
B)  Gideon v. Wainwright 
C)  Weeks v. United States 
D)  In re Gault 
A)  Miranda v. Arizona 
B)  Gideon v. Wainwright 
C)  Weeks v. United States 
D)  In re Gault

Question 16

It is the defense attorney's job to prove innocence.

Accepted Answer

A) True 
 B)False

Question 17

What is the most common type of pretrial release?

Accepted Answer

A)  bail 
B)  release-on-recognizance 
C)  probation 
D)  continuance 
A)  bail 
B)  release-on-recognizance 
C)  probation 
D)  continuance

Question 18

What is the grand jury's main purpose?

Accepted Answer

A)  to provide unreasonable doubt 
B)  to gather enough information for a search warrant 
C)  to gather enough information for the defense attorney to mount an appeal 
D)  to require that the prosecutor to show enough evidence to indict the accused 
A)  to provide unreasonable doubt 
B)  to gather enough information for a search warrant 
C)  to gather enough information for the defense attorney to mount an appeal 
D)  to require that the prosecutor to show enough evidence to indict the accused

Question 19

This is the traditional, customary, unwritten law of England that began to develop more than a thousand years before U.S. law.

Accepted Answer

A)  English common law 
B)  English customary law 
C)  Magna Carta 
D)  English traditional law 
A)  English common law 
B)  English customary law 
C)  Magna Carta 
D)  English traditional law

Question 20

The defense attorney must ensure that the prosecution follows the procedural rules in presenting the case against the defendant.

Accepted Answer

A) True 
 B)False

This is the initial hearing in which a defendant is advised of his or her rights and the procedure the court will follow.

At several points during the case, the defense attorney will question the prosecutor's case, both in private conversations with the prosecutor and in open court.

Under what type of indigent defense system are attorneys assigned to cases as needed?

Which is a compelling reason for the government to tread on Fourth Amendment rights and conduct a warrantless search?

According to the text, what are some of the main concerns of the procedural law?

Pro bono means _____.

Under the_____, the courts decided that the inability to pay for an attorney should not be a limiting factor in the due process provided in the criminal trial.

In working within the courtroom workgroup, the defense attorney interacts most extensively with the _____.

The right to counsel is an ancient protection that dates back to Babylonian legal codes.

The _____ specifies that suspects are not required to present evidence that can be used against them in court.

In which type of defense reasoning does the defense attorney present evidence showing that the defendant could not have committed the offense because he or she was not at the location when the offense was committed?

Jurisdiction does not include:

Some jurisdictions neither elect nor appoint public defenders, but rather contract with local law firms to provide indigent defense services.

Which legislation requires the federal government to initiate prosecutions within 100 days of arrest?

This case set forth that indigent defendants have the right to court-appointed attorneys in felony cases.

It is the defense attorney's job to prove innocence.

What is the most common type of pretrial release?

What is the grand jury's main purpose?

This is the traditional, customary, unwritten law of England that began to develop more than a thousand years before U.S. law.

The defense attorney must ensure that the prosecution follows the procedural rules in presenting the case against the defendant.

Principles and Decision Making in Us Criminal Courts

Social Control, Comparative Courts, and the Development of the Us Judicial System

The Structure of Federal and State Courts

Criminal Law, Crime, and the Criminal Court Process

The Reality of Legal Action: Principles, Organizations, and Public Pressure

Case Assessment, Case Attrition, and Decision to Charge

The Pre-Trial Process

The Prosecutor and the Exertion of State Power

The Criminal Trial Process: Judges, Bench Trials, Jury Deliberation, and Sentencing

The Right to Appeal and the Appellate Process

Juvenile Courts

Specialized Courts

Fuzzy Justice: Alternatives to Court

Courts in the Future

Filters

Exam 9: The Defense and Constraint on State Power

This is the initial hearing in which a defendant is advised of his or her rights and the procedure the court will follow.

At several points during the case, the defense attorney will question the prosecutor's case, both in private conversations with the prosecutor and in open court.

Under what type of indigent defense system are attorneys assigned to cases as needed?

Which is a compelling reason for the government to tread on Fourth Amendment rights and conduct a warrantless search?

According to the text, what are some of the main concerns of the procedural law?

Pro bono means _____.

Under the_____, the courts decided that the inability to pay for an attorney should not be a limiting factor in the due process provided in the criminal trial.

In working within the courtroom workgroup, the defense attorney interacts most extensively with the _____.

The right to counsel is an ancient protection that dates back to Babylonian legal codes.

The _____ specifies that suspects are not required to present evidence that can be used against them in court.

In which type of defense reasoning does the defense attorney present evidence showing that the defendant could not have committed the offense because he or she was not at the location when the offense was committed?

Jurisdiction does not include:

Some jurisdictions neither elect nor appoint public defenders, but rather contract with local law firms to provide indigent defense services.

Which legislation requires the federal government to initiate prosecutions within 100 days of arrest?

This case set forth that indigent defendants have the right to court-appointed attorneys in felony cases.

It is the defense attorney's job to prove innocence.

What is the most common type of pretrial release?

What is the grand jury's main purpose?

This is the traditional, customary, unwritten law of England that began to develop more than a thousand years before U.S. law.

The defense attorney must ensure that the prosecution follows the procedural rules in presenting the case against the defendant.

Principles and Decision Making in Us Criminal Courts

Social Control, Comparative Courts, and the Development of the Us Judicial System

The Structure of Federal and State Courts

Criminal Law, Crime, and the Criminal Court Process

The Reality of Legal Action: Principles, Organizations, and Public Pressure

Case Assessment, Case Attrition, and Decision to Charge

The Pre-Trial Process

The Prosecutor and the Exertion of State Power

The Criminal Trial Process: Judges, Bench Trials, Jury Deliberation, and Sentencing

The Right to Appeal and the Appellate Process

Juvenile Courts

Specialized Courts

Fuzzy Justice: Alternatives to Court

Courts in the Future

Filters