Deck 8: Introduction to Procedure and the Right to Counsel

Question 1

The investigatory process of the criminal justice system does not include:

A)arrest.
B)interrogation.
C)search and seizure.
D)preliminary hearings.

Answer 1

D

Question 2

The right to counsel attaches at the commencement of:

A)the booking process.
B)grand jury investigations.
C)adversary judicial proceedings.
D)police investigation of a suspect.

Answer 2

C

Question 3

The states may:

A)reduce individual rights below the federal constitutional level.
B)increase individual rights beyond the federal level.
C)violate due process to serve a compelling state need.
D)accept or reject due process according to the state constitution.

Answer 3

B

Question 4

Legal guilt focuses on:

A)a showing that in all probability the defendant committed the crime.
B)the procedurally correct manner of determining guilt.
C)definitions of proof beyond a reasonable doubt.
D)direct, not circumstantial evidence.

Question 5

Factual guilt focuses on:

A)a showing that in all probability the defendant committed the crime.
B)obtaining the defendant's confession.
C)definitions of proof beyond a reasonable doubt.
D)methods used to establish guilt.

Question 6

An indigent is entitled to court-appointed counsel when:

A)arrested.
B)charged with any crime.
C)tried for an offense involving confinement.
D)charged with a felony.

Question 7

Attorney-client communications are privileged unless:

A)the attorney is court appointed.
B)the court orders that the communications be revealed.
C)the communications were recorded by eavesdropping.
D)the communications involve a crime or fraud.

Question 8

The adjudicative stage does not include:

A)interrogation.
B)preliminary hearings.
C)bail determinations.
D)pretrial motions.

Question 9

The defendant's right to self-representation is:

A)subject to the trial court's discretion.
B)absolute, if a voluntary waiver of counsel is made.
C)a matter of grace, not a right.
D)balanced against the state's interest in efficient proceedings.

Question 10

The Crime Control Model emphasizes:

A)determination of factual guilt or innocence.
B)victims' rights.
C)adherence to procedure.
D)the regulation of police.

Question 11

The Due Process Model emphasizes:

A)victims' rights.
B)the needs of law enforcement agencies.
C)adherence to procedure.
D)determination of factual guilt or innocence.

Question 12

Due process of law means:

A)absolute adherence to all procedural requirements.
B)controlling the means by which the government enforces the law.
C)determining the truth by whatever means are necessary.
D)that the end justifies the means.