Deck 8: The Prosecutor and the Exertion of State Power

Question 1

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

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

Answer 1

A

Question 2

Which is not a criterion the prosecutor uses to establish whether there is enough evidence to prove a suspect committed an offense?

A) motive
B) social class
C) opportunity
D) means

Answer 2

B

Question 3

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

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

Answer 3

D

Question 4

Which is not a type of question that must prosecutors address in deciding which cases to funnel out of the system?

A) Is the case highly visible?
B) Is the case solid?
C) Is the case interesting and easily prosecuted?
D) Does the case involve a powerless person?

Question 5

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

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

Question 6

In this process the court questions potential jurors from the jury pool before selecting the 12 that will sit in judgment of a criminal trial.

A) venire
B) vide
C) voir dire
D) sine die

Question 7

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

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

Question 8

This is the prosecutor's responsibility of providing evidence that a fact exists.

A) burden of persuasion
B) burden of reasonable doubt
C) burden of trial
D) burden of producing evidence

Question 9

This is a ruling awarding the decision to the defense because the prosecutor has not presented sufficient evidence.

A) bench verdict
B) venire verdict
C) directed verdict
D) unanimous verdict

Question 10

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

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

Question 11

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

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

Question 12

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

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

Question 13

Question There are eight standards of proof in the law. Rank them in order from least restrictive to most restrictive.

A) clear and convincing evidence, mere suspicion, beyond a reasonable doubt, articulable reasonable suspicion, probable cause, preponderance of the evidence, no proof, beyond all doubt
B) no proof, mere suspicion, articulable reasonable suspicion, probable cause, clear and convincing evidence, preponderance of the evidence, beyond a reasonable doubt, beyond all doubt
C) no proof, mere suspicion, articulable reasonable suspicion, probable cause, preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt, beyond all doubt
D) mere suspicion, no proof, articulable reasonable suspicion, probable cause, preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt, beyond all doubt

Question 14

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

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

Question 15

This is the standard of proof for plaintiffs in civil cases and the prosecutor's standard in establishing exceptions to the exclusionary rule.

A) beyond all doubt
B) clear and convincing evidence
C) articulable reasonable suspicion
D) preponderance of the evidence

Question 16

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

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

Question 17

This Fifth Amendment rule prohibits the court from trying a criminal defendant twice for the same offense.

A) directed verdict
B) exclusionary rule
C) double jeopardy
D) affirmative defense

Question 18

the grand jury finds an indictment sufficient to prove probable cause, then they will vote to return the indictment or _____.

A) no bill
B) true bill
C) bill of guilt
D) right bill

Question 19

If the grand jury finds no probable cause, they will return a_____, and there is no case at that time.

A) true bill
B) bill of guilt
C) no bill
D) false bill

Question 20

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

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

Question 21

Put the elements of the criminal trial process in order.

A) defense case-in-chief; defense rests; evidence; charges read
B) jury instructions; charges read; jury selection; verdict
C) motion for judgment; prosecution's rebuttal; defense's opening statement; jury selection
D) charges read; prosecution's opening statement; motion for judgment; jury instructions

Question 22

Which is not an element of the closing arguments?

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

Question 23

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

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

Question 24

Examples of this type of evidence are eyewitness and victim testimony and confessions.

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

Question 25

In the United States, the _____ govern the introduction of evidence in federal, civil, and criminal proceedings.

A) Federal Rules of Evidence
B) State Rules of Evidence
C) General Rules of Evidence
D) Model Rules of Evidence

Question 26

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

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

Question 27

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

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

Question 28

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

Question 29

The prosecutor has the sole responsibility in deciding, which cases are brought to trial.

Question 30

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

Question 31

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

Question 32

The three pillars of culpability-motive, opportunity, and means-are sufficient to prove guilt.

Question 33

Only the prosecution can provide expert witnesses.

Question 34

Prosecutors spend most of their time working within the courtroom workgroup to move cases through the court.

Question 35

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

Question 36

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

Question 37

Prosecutors choose cases for prosecution, engage in plea bargaining, and make sentencing decisions based upon their understanding of how the judge likes to run the courtroom.