Deck 6: Case Assessment, Case Attrition, and Decision to Charge

Question 1

This means legally permissible in trial.

A) hearsay
B) legal
C) material
D) relevant

Answer 1

D

Question 2

This rule requires that a prosecutor participate in discovery and disclose to the defense all exculpatory evidence, or evidence that indicates the innocence of the defendant.

A) admissibility rules
B) exclusionary rule
C) rules of evidence
D) Brady rule

Answer 2

D

Question 3

Which court rule states that evidence secured by illegal means cannot be introduced in a criminal trial?

A) Brady rule
B) exclusionary rule
C) rules of evidence
D) admissibility rules

Answer 3

B

Question 4

The exclusionary rule was incorporated, or applied to state courts, in this case.

A) Weeks v. United States
B) Mapp v. Ohio
C) Nardone v. United States
D) Katz v. United States

Question 5

In this case, the Supreme Court set forth that people in the United States have an expectation of privacy wherever they are.

A) Mapp v. Ohio
B) Katz v. United States
C) Weeks v. United States
D) Nardone v. United States

Question 6

Evidence obtained without a proper search warrant can still be used if _______.

A) the evidence was obtained from garbage at the curbside
B) the police would have found it anyway
C) the search was performed by a non-government agent
D) all of the above

Question 7

In which case did the Supreme Court rule that evidence gathered by authorities without a search warrant cannot be used against a defendant at trial?

A) Weeks v. United States
B) Mapp v. Ohio
C) Katz v. United States
D) Nardone v. United States

Question 8

This is an attorney's strategy for assessing, organizing, preparing, and arguing a case.

A) case theory
B) case-initiation decision
C) case attrition
D) case assessment

Question 9

This type of evidence proves a fact without the finder of fact having to infer anything.

A) real evidence
B) testimony
C) circumstantial evidence
D) direct evidence

Question 10

This type of evidence requires that the judge or jury draw a logical conclusion regarding the fact in dispute.

A) real evidence
B) testimony
C) direct evidence
D) circumstantial evidence

Question 11

What is the information that a witness or expert states under oath?

A) real evidence
B) direct evidence
C) testimony
D) circumstantial evidence

Question 12

This encompasses all objects presented in trial.

A) real evidence
B) exhibits
C) demonstrative evidence
D) all of the above

Question 13

For evidence to be _____, it must potentially make a difference to the outcome of the case.

A) relevant
B) material
C) useful
D) all of the above

Question 14

This is the capacity to make choices regarding a case, including to charge or dismiss it, divert it, change charges, plea bargain, develop a case theory, argue a case as he or she sees fit, and recommend leniency or the maximum sentence.

A) declination
B) burden of persuasion
C) prosecutorial discretion
D) defense discretion

Question 15

These are the first charges filed by either police or prosecution and presented in a complaint or arrest warrant or at booking or initial appearance.

A) initial charges
B) first charges
C) tertiary charges

Question 16

This is the disposition of a case prior to conviction or trial, which may happen when the case is first presented to the prosecutor before initial appearance.

A) dismissal
B) declination
C) defer prosecution
D) objection

Question 17

This occurs when the charge is dismissed if the defendant completes terms of some program picked by the prosecution.

A) objection
B) declination
C) dismissal
D) defer prosecution

Question 18

This is a court directive to appear in court, particularly to transfer a case from one court to another.

A) bind through
B) move
C) send
D) bind over

Question 19

In which case did the Supreme Court rule that the prosecutor and judge are not allowed to mention the defendant's silence or imply that it is an admission of guilt?

A) Chimel v. California
B) Griffin v. California
C) In re Winship
D) Weeks v. United States

Question 20

These are attributes that make cases more complicated and time-intensive.

A) exhibits
B) enhancers
C) materials
D) objections

Question 21

Under this burden, the prosecutor must present a case theory or story that convinces the finder of fact beyond any reasonable doubt of the defendant's culpability.

A) burden of proof
B) burden of prosecution
C) burden of persuasion
D) all of the above

Question 22

This is when a case is removed from the court process after arrest but before a plea or trial.

A) bind over
B) declination
C) case attrition
D) dismissal

Question 23

Refusal to charge is also called _____.

A) dismissal
B) declination
C) binding over
D) objection

Question 24

According to the text, why might a prosecutor decide to drop a case?

A) The law has not been enforced for a long time.
B) The defendant is wealthy.
C) The evidence does not meet the elements requirement.
D) all of the above

Question 25

A(n) _____ is a request that the judge make a legal ruling on a limited legal issue in the case without a ruling on the case-in-chief.

A) move
B) motion
C) objection
D) request

Question 26

This challenges the legality of an aspect of the opponent's case but is presented during the trial proceedings in direct response to something the other attorney presents.

A) objection
B) motion
C) challenge
D) cause

Question 27

This asks the court to dismiss the case because it does not prove the elements of the crime or there is some other defect in the indictment or information.

A) motion to dismiss
B) motion for continuance
C) motion for severance
D) motion to suppress

Question 28

This is a defense strategy aimed at showing that the prosecution's evidence is weak, invalid, or inconclusive.

A) aggressive defense
B) procedural defense
C) alibi defense
D) factual defense

Question 29

This defense strategy casts doubt on evidence, tries to have evidence suppressed and excluded from the trial, or argues that the case should be dismissed for violation of rights.

A) factual defense
B) procedural defense
C) alibi defense
D) affirmative defense

Question 30

This defense acknowledges that the evidence proves the essential act and/or intent the prosecutor is charging as a crime but argues that the defendant is not culpable.

A) procedural defense
B) factual defense
C) affirmative defense
D) alibi defense

Question 31

When a case moves from booking to the courts, a prosecutor will evaluate the case and decide to dismiss it or charge the defendant. The power to make this decision has little effect on the flow of cases through the courts.

Question 32

Prosecutors dismiss approximately half of all felony arrests before they even get past the lower court pretrial stages.

Question 33

The prosecution and defense adhere to different principles and none of the same rules of assessment.

Question 34

Prosecutors and defense collaborate on early-stage case assessment.

Question 35

All evidence is allowed in court.

Question 36

The negotiated order establishes focal concerns in case assessment and weights some of them as important cues.

Question 37

Strategies of assessing a case necessarily depend on legal reasoning.

Question 38

There is only one way to categorize evidence.

Question 39

Legal relevance of evidence usually does not rely on interpretation of a statute.

Question 40

Prosecutors exercise little discretionary power within the legal framework.