Question 1

Which is not a primary indigent defense system?

Accepted Answer

A)  contract system 
B)  state prosecutor 
C)  assigned counsel program 
D)  pro bono publico 
A)  contract system 
B)  state prosecutor 
C)  assigned counsel program 
D)  pro bono publico

Question 2

According to the text, what is not an advantage of a private defense attorney?

Accepted Answer

A)  A private attorney works for the defendant. 
B)  A private attorney is likely able to invest more time and resources in investigating possible defenses. 
C)  A private attorney may know the courtroom workgroup better than a public defender. 
D)  Private defense attorneys may spend a great deal of time preparing for a case. 
A)  A private attorney works for the defendant. 
B)  A private attorney is likely able to invest more time and resources in investigating possible defenses. 
C)  A private attorney may know the courtroom workgroup better than a public defender. 
D)  Private defense attorneys may spend a great deal of time preparing for a case.

Question 3

A _____ is employed by the government and is assigned to provide legal defense to those who cannot afford a private attorney.

Accepted Answer

A)  paralegal 
B)  private defense attorney 
C)  state prosecutor 
D)  public defender 
A)  paralegal 
B)  private defense attorney 
C)  state prosecutor 
D)  public defender

Question 4

Suspects may voluntarily waive these rights only after they have heard them.

Accepted Answer

A)  Fifth Amendment rights 
B)  civil rights 
C)  Fourth Amendment rights 
D)  Miranda rights 
A)  Fifth Amendment rights 
B)  civil rights 
C)  Fourth Amendment rights 
D)  Miranda rights

Question 5

One of the Constitution's founding principles is that the executive branch of government should have more power than the legislative or judicial branches.

Accepted Answer

A) True 
 B)False

Question 6

As a member of the courtroom workgroup, the defense attorney is usually considered the most important actor.

Accepted Answer

A) True 
 B)False

Question 7

In these cases, the defendant argues that the government enticed them to break the law.

Accepted Answer

A)  exclusionary 
B)  alibi 
C)  insanity 
D)  entrapment 
A)  exclusionary 
B)  alibi 
C)  insanity 
D)  entrapment

Question 8

Defense attorneys do not need to know exactly what charges are pressing against the accused and under what statute the case is being prosecuted to mount an effective defense.

Accepted Answer

A) True 
 B)False

Question 9

This is evidence in which the witness tells what others have said instead of telling what he or she knows.

Accepted Answer

A)  third-party evidence 
B)  gossip evidence 
C)  exclusionary evidence 
D)  hearsay evidence 
A)  third-party evidence 
B)  gossip evidence 
C)  exclusionary evidence 
D)  hearsay evidence

Question 10

This report assists a judge in sentencing and usually contains information about the offender's arrests, convictions, work history, and family.

Accepted Answer

A)  post-sentence investigation report 
B)  presentence investigation report 
C)  discovery report 
D)  habeas corpus report 
A)  post-sentence investigation report 
B)  presentence investigation report 
C)  discovery report 
D)  habeas corpus report

Question 11

According to the text, what is the ideal kind of jury for the defense?

Accepted Answer

A)  sympathetic to the defendant 
B)  hostile to the defendant 
C)  completely objective 
D)  Any of the above would be ideal. 
A)  sympathetic to the defendant 
B)  hostile to the defendant 
C)  completely objective 
D)  Any of the above would be ideal.

Question 12

Which is not a consideration the defense attorney will tell the client about when considering whether to plea bargain?

Accepted Answer

A)  strength of the prosecutor's case 
B)  the composition of the jury 
C)  strength of the defense case 
D)  severity of charges 
A)  strength of the prosecutor's case 
B)  the composition of the jury 
C)  strength of the defense case 
D)  severity of charges

Question 13

In this type of case, the defense may argue that the court no longer has jurisdiction over the case because it was not considered in a timely fashion.

Accepted Answer

A)  statute of limitations 
B)  entrapment 
C)  insanity 
D)  alibi 
A)  statute of limitations 
B)  entrapment 
C)  insanity 
D)  alibi

Question 14

What information is not necessary in a warrant?

Accepted Answer

A)  who is to be arrested 
B)  the place that is to be searched 
C)  the name of the prosecutor 
D)  the property or documents to be seized 
A)  who is to be arrested 
B)  the place that is to be searched 
C)  the name of the prosecutor 
D)  the property or documents to be seized

Question 15

What is the ending of a trial before its regular conclusion because of procedural errors, the prejudicing of a jury, jury deadlock, or failure to complete the trial within a specified time limit called?

Accepted Answer

A)  mistrial 
B)  pretrial 
C)  hung jury 
D)  arraignment 
A)  mistrial 
B)  pretrial 
C)  hung jury 
D)  arraignment

Question 16

The federal government and each state provide legal counsel for those who are indigent and cannot afford their own private defense counsel.

Accepted Answer

A) True 
 B)False

Question 17

Public defenders are employed by defendants and work only for defendants who can afford to pay them.

Accepted Answer

A) True 
 B)False

Question 18

In which type of defense reasoning must the prosecution prove that the defendant committed the offense?

Accepted Answer

A)  I didn't do it (reasonable doubt). 
B)  I didn't do it (alibi). 
C)  I didn't do it (presumption of innocence). 
D)  all of the above 
A)  I didn't do it (reasonable doubt). 
B)  I didn't do it (alibi). 
C)  I didn't do it (presumption of innocence). 
D)  all of the above

Question 19

Which is a limit of the discretionary power of the criminal justice system?

Accepted Answer

A)  The state can only prosecute cases in which there is an eyewitness. 
B)  The police have the discretionary power to investigate, arrest, and interrogate subjects based upon probable cause that a criminal offense has been committed. 
C)  The state can only prosecute cases in which the defendant pleads guilty. 
D)  The state is not allowed to use more than $20,000 to prosecute each case. 
A)  The state can only prosecute cases in which there is an eyewitness. 
B)  The police have the discretionary power to investigate, arrest, and interrogate subjects based upon probable cause that a criminal offense has been committed. 
C)  The state can only prosecute cases in which the defendant pleads guilty. 
D)  The state is not allowed to use more than $20,000 to prosecute each case.

Which is not a primary indigent defense system?

According to the text, what is not an advantage of a private defense attorney?

A _____ is employed by the government and is assigned to provide legal defense to those who cannot afford a private attorney.

Suspects may voluntarily waive these rights only after they have heard them.

One of the Constitution's founding principles is that the executive branch of government should have more power than the legislative or judicial branches.

As a member of the courtroom workgroup, the defense attorney is usually considered the most important actor.

In these cases, the defendant argues that the government enticed them to break the law.

Defense attorneys do not need to know exactly what charges are pressing against the accused and under what statute the case is being prosecuted to mount an effective defense.

This is evidence in which the witness tells what others have said instead of telling what he or she knows.

This report assists a judge in sentencing and usually contains information about the offender's arrests, convictions, work history, and family.

According to the text, what is the ideal kind of jury for the defense?

Which is not a consideration the defense attorney will tell the client about when considering whether to plea bargain?

In this type of case, the defense may argue that the court no longer has jurisdiction over the case because it was not considered in a timely fashion.

What information is not necessary in a warrant?

What is the ending of a trial before its regular conclusion because of procedural errors, the prejudicing of a jury, jury deadlock, or failure to complete the trial within a specified time limit called?

The federal government and each state provide legal counsel for those who are indigent and cannot afford their own private defense counsel.

Public defenders are employed by defendants and work only for defendants who can afford to pay them.

In which type of defense reasoning must the prosecution prove that the defendant committed the offense?

Which is a limit of the discretionary power of the criminal justice system?

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

Which is not a primary indigent defense system?

According to the text, what is not an advantage of a private defense attorney?

A _____ is employed by the government and is assigned to provide legal defense to those who cannot afford a private attorney.

Suspects may voluntarily waive these rights only after they have heard them.

One of the Constitution's founding principles is that the executive branch of government should have more power than the legislative or judicial branches.

As a member of the courtroom workgroup, the defense attorney is usually considered the most important actor.

In these cases, the defendant argues that the government enticed them to break the law.

Defense attorneys do not need to know exactly what charges are pressing against the accused and under what statute the case is being prosecuted to mount an effective defense.

This is evidence in which the witness tells what others have said instead of telling what he or she knows.

This report assists a judge in sentencing and usually contains information about the offender's arrests, convictions, work history, and family.

According to the text, what is the ideal kind of jury for the defense?

Which is not a consideration the defense attorney will tell the client about when considering whether to plea bargain?

In this type of case, the defense may argue that the court no longer has jurisdiction over the case because it was not considered in a timely fashion.

What information is not necessary in a warrant?

What is the ending of a trial before its regular conclusion because of procedural errors, the prejudicing of a jury, jury deadlock, or failure to complete the trial within a specified time limit called?

The federal government and each state provide legal counsel for those who are indigent and cannot afford their own private defense counsel.

Public defenders are employed by defendants and work only for defendants who can afford to pay them.

In which type of defense reasoning must the prosecution prove that the defendant committed the offense?

Which is a limit of the discretionary power of the criminal justice system?

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