Question 1

The presumption of innocence is granted to defendants based on the "due process" clauses of which two amendments?

Accepted Answer

A)  Eighth and First Amendments 
B)  Fourth and Second Amendments 
C)  Fifth and Fourteenth Amendments 
D)  all of the above 
A)  Eighth and First Amendments 
B)  Fourth and Second Amendments 
C)  Fifth and Fourteenth Amendments 
D)  all of the above C

Question 2

Throughout the trial, the burden of persuasion remains with the party that wishes to change the status quo; this is the _____.

Accepted Answer

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

Question 3

The _____ portion of the proceedings is important because it allows the defense to determine the strength of the prosecution's case.

Accepted Answer

A)  arraignment 
B)  discovery 
C)  plea bargaining 
D)  trial 
A)  arraignment 
B)  discovery 
C)  plea bargaining 
D)  trial B

Question 4

Only the prosecution can provide expert witnesses.

Accepted Answer

A) True 
 B)False

Question 5

Having a position of great responsibility in the courtroom workgroup allows the prosecutor to ignore established norms in the courthouse.

Accepted Answer

A) True 
 B)False

Question 6

In this case, it was established that prosecutors are expected to "serve justice, play by the rules, and not hit below the belt."

Accepted Answer

A)  Berger v. United States 
B)  Weeks v. United States 
C)  Argersinger v. Hamlin 
D)  Terry v. Ohio 
A)  Berger v. United States 
B)  Weeks v. United States 
C)  Argersinger v. Hamlin 
D)  Terry v. Ohio

Question 7

"Articulable reasonable suspicion" was established in this case as reasonable to conduct a "stop and frisk."

Accepted Answer

A)  Berger v. United States 
B)  Terry v. Ohio 
C)  Weeks v. United States 
D)  Argersinger v. Hamlin 
A)  Berger v. United States 
B)  Terry v. Ohio 
C)  Weeks v. United States 
D)  Argersinger v. Hamlin

Question 8

This is anything concrete linking the defendant to the charge: fingerprints, DNA, documents,

Accepted Answer

A)  real evidence 
B)  testimonial evidence 
C)  direct evidence 
D)  indirect evidence 
A)  real evidence 
B)  testimonial evidence 
C)  direct evidence 
D)  indirect evidence

Question 9

The two most important qualities of evidence are _____ and _____.

Accepted Answer

A)  directness; indirectness 
B)  provability; solvability 
C)  relevance; competence 
D)  all of the above 
A)  directness; indirectness 
B)  provability; solvability 
C)  relevance; competence 
D)  all of the above

Question 10

This is the main body of a case, not including rebuttals or opening statements.

Accepted Answer

A)  case-in-point 
B)  case-in-chief 
C)  case-in-corpus 
D)  total case 
A)  case-in-point 
B)  case-in-chief 
C)  case-in-corpus 
D)  total case

Question 11

This is the state's standard for the civil commitment of a dangerous, mentally ill person.

Accepted Answer

A)  no proof 
B)  clear and convincing evidence 
C)  mere suspicion 
D)  beyond a reasonable doubt 
A)  no proof 
B)  clear and convincing evidence 
C)  mere suspicion 
D)  beyond a reasonable doubt

Question 12

Prosecutors' offices, whether federal, state, or local, are all structured in the same way.

Accepted Answer

A) True 
 B)False

Question 13

This is sufficient reason to believe a criminal offense has been committed.

Accepted Answer

A)  reasonable cause 
B)  probable cause 
C)  preponderance of cause 
D)  no cause 
A)  reasonable cause 
B)  probable cause 
C)  preponderance of cause 
D)  no cause

Question 14

How does the discretion exercised by the prosecutor affect other members of the courtroom workgroup?

Accepted Answer

A)  in selecting cases for prosecution 
B)  in plea bargaining 
C)  in diversion 
D)  all of the above 
A)  in selecting cases for prosecution 
B)  in plea bargaining 
C)  in diversion 
D)  all of the above

Question 15

The judge decides how, or if, the state will plea bargain.

Accepted Answer

A) True 
 B)False

Question 16

This response to charges does not deny the allegations against the defendant but gives a reason why the defendant should not be held responsible.

Accepted Answer

A)  negative defense 
B)  alternative defense 
C)  affirmative defense 
D)  alibi defense 
A)  negative defense 
B)  alternative defense 
C)  affirmative defense 
D)  alibi defense

Question 17

The prosecutor has the authority to divert cases from the normal processing of the criminal justice system to alternative dispositions.

Accepted Answer

A) True 
 B)False

Question 18

The prosecutor performs only roles that are functions of the judicial branch of government.

Accepted Answer

A) True 
 B)False

Question 19

Which is not an element of the closing arguments?

Accepted Answer

A)  prosecutor's rebuttal 
B)  defense summation 
C)  prosecutor's summation 
D)  defense rebuttal 
A)  prosecutor's rebuttal 
B)  defense summation 
C)  prosecutor's summation 
D)  defense rebuttal

Question 20

This type of witness may only testify about what they experienced via their senses of sight, touch, taste, smell, and hearing.

Accepted Answer

A)  expert witness 
B)  direct witness 
C)  lay witness 
D)  all of the above 
A)  expert witness 
B)  direct witness 
C)  lay witness 
D)  all of the above

The presumption of innocence is granted to defendants based on the "due process" clauses of which two amendments?

Throughout the trial, the burden of persuasion remains with the party that wishes to change the status quo; this is the _____.

The _____ portion of the proceedings is important because it allows the defense to determine the strength of the prosecution's case.

Only the prosecution can provide expert witnesses.

Having a position of great responsibility in the courtroom workgroup allows the prosecutor to ignore established norms in the courthouse.

In this case, it was established that prosecutors are expected to "serve justice, play by the rules, and not hit below the belt."

"Articulable reasonable suspicion" was established in this case as reasonable to conduct a "stop and frisk."

This is anything concrete linking the defendant to the charge: fingerprints, DNA, documents,

The two most important qualities of evidence are _ and _.

This is the main body of a case, not including rebuttals or opening statements.

This is the state's standard for the civil commitment of a dangerous, mentally ill person.

Prosecutors' offices, whether federal, state, or local, are all structured in the same way.

This is sufficient reason to believe a criminal offense has been committed.

How does the discretion exercised by the prosecutor affect other members of the courtroom workgroup?

The judge decides how, or if, the state will plea bargain.

This response to charges does not deny the allegations against the defendant but gives a reason why the defendant should not be held responsible.

The prosecutor has the authority to divert cases from the normal processing of the criminal justice system to alternative dispositions.

The prosecutor performs only roles that are functions of the judicial branch of government.

Which is not an element of the closing arguments?

This type of witness may only testify about what they experienced via their senses of sight, touch, taste, smell, and hearing.

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 Defense and Constraint on 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 8: The Prosecutor and the Exertion of State Power

The presumption of innocence is granted to defendants based on the "due process" clauses of which two amendments?

Throughout the trial, the burden of persuasion remains with the party that wishes to change the status quo; this is the _____.

The _____ portion of the proceedings is important because it allows the defense to determine the strength of the prosecution's case.

Only the prosecution can provide expert witnesses.

Having a position of great responsibility in the courtroom workgroup allows the prosecutor to ignore established norms in the courthouse.

In this case, it was established that prosecutors are expected to "serve justice, play by the rules, and not hit below the belt."

"Articulable reasonable suspicion" was established in this case as reasonable to conduct a "stop and frisk."

This is anything concrete linking the defendant to the charge: fingerprints, DNA, documents,

The two most important qualities of evidence are _____ and _____.

This is the main body of a case, not including rebuttals or opening statements.

This is the state's standard for the civil commitment of a dangerous, mentally ill person.

Prosecutors' offices, whether federal, state, or local, are all structured in the same way.

This is sufficient reason to believe a criminal offense has been committed.

How does the discretion exercised by the prosecutor affect other members of the courtroom workgroup?

The judge decides how, or if, the state will plea bargain.

This response to charges does not deny the allegations against the defendant but gives a reason why the defendant should not be held responsible.

The prosecutor has the authority to divert cases from the normal processing of the criminal justice system to alternative dispositions.

The prosecutor performs only roles that are functions of the judicial branch of government.

Which is not an element of the closing arguments?

This type of witness may only testify about what they experienced via their senses of sight, touch, taste, smell, and hearing.

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 Defense and Constraint on 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

The two most important qualities of evidence are _ and _.