Deck 12: Constitutional Rights After Arrest

Question 1

Which of the following is NOT true about the Right to Counsel?

A) The Right to Counsel is found in the Third Amendment to the Constitution.
B) Indigent defendants have the right to a court appointed attorney at no charge.
C) The Right to Counsel is mentioned as part of the Miranda warnings.
D) It is expected that the Right to Counsel will mean that the attorney will be competent and effective.
E) Right to Counsel, including free counsel for indigent defendants, continues after trial through the post trial appeals and any direct appellate appeals

Answer 1

The Right to Counsel is found in the Third Amendment to the Constitution.

Question 2

"Pleading the Fifth" means asserting the right to avoid giving testimony that could:

A) incriminate one's husband.
B) incriminate one's self.
C) incriminate one's attorney.
D) incriminate a member of one's congregation.
E) incriminate one's patient.

Answer 2

incriminate one's self.

Question 3

A broad form of protection in which the person cannot be prosecuted for any action related to the testimony provided, as long as the person testifies truthfully, is called:

A) useful immunity.
B) use immunity.
C) transactional extradition.
D) transactional immunity.
E) transactional indictment.

Answer 3

transactional immunity.

Question 4

Which of the following is NOT true about Attorney-Client Privilege?

A) Under the Work Product Rule, any notes taken or materials produced in preparation for the trial are protected.
B) Attorney-Client Privilege ends upon the death of the client.
C) Attorney-Client Privilege does not allow the attorney to participate in a crime.
D) Conversations between client and counsel are privileged in order to encourage full and frank discussion between an attorney and client.
E) An attorney cannot allow a client to give false testimony if the attorney knows that the client intends to lie.

Question 5

Which of the following is NOT true of Spousal Privilege?

A) Under the law today, a person can choose to testify against their spouse.
B) The privilege to avoid testimony belongs to the person being spoken about, and not to the speaker.
C) Spousal Privilege protects private conversations between husband and wife, and protects marriages from the destructive effects of being compelled to testify against one another.
D) The privilege is based on the notion that husband and wife are one person and that one person should not be compelled to testify against one's self.
E) Under common law, it was customary that a spouse could not be compelled to testify and that a spouse could be prevented from testifying by the other spouse.

Question 6

Which of the following is TRUE about evidence in trials?

A) Defendants cannot be forced to provide writing and voice samples.
B) Fingerprints are considered inadmissible at trial if they were obtained without the defendant's permission.
C) Defendants can be forced to vomit up evidence by having their stomachs pumped in a hospital.
D) Defendants cannot be forced to stand in a line-up.
E) Defendants can be made to try on clothing.

Question 7

In a case in South Carolina dealing with pregnant women and drug abuse, the Supreme Court ruled that:

A) suspects in custody who voluntarily submit to a lie detector test have given up their right against self-incrimination, and their results are admissible at trial.
B) DNA evidence is always admissible due to its high rate of reliability.
C) consensual fingerprinting of children with criminal records expunged by the courts are not admissible at trial.
D) consensual blood tests violate the Fifth Amendment's prohibition against unreasonable searches.
E) non-consensual urine tests violate the Fifth Amendment's prohibition against unreasonable searches.

Question 8

The right to a public and speedy trial is promised in which Constitutional Amendment?

A) Fourth
B) Fifth
C) Sixth
D) Seventh
E) Eighth

Question 9

What does a statute of limitation do?

A) sets a deadline for the commencement of criminal actions
B) sets a deadline for the destruction of DNA evidence after a verdict has been reached
C) sets a deadline for the commencement of a trial after the arrest of a suspect
D) sets a deadline for the use of DNA evidence before it can be destroyed
E) sets conditions limiting the use of DNA evidence to protect falsely accused individuals

Question 10

If the government fails to give a defendant a prompt arraignment:

A) the charges will be dropped, because receiving a prompt arraignment is part of each citizen's right to a speedy trial.
B) all statements made by the defendant in custody will be suppressed by the court.
C) the defendant gets free representation even if he can afford a lawyer.
D) the defendant has a private cause of action against the prosecutor.
E) None of the above statements are true.

Question 11

Which of the following occur at an arraignment?

A) The charges against the defendant are read.
B) The defendant enters a plea.
C) If the defendant does not have representation, he/she can ask for a court-appointed attorney
D) The prosecutor provides the list of state witnesses who will testify at trial.
E) all of the above

Question 12

If a judge at a preliminary hearing decides the case should go to trial, that judge will issue a(n):

A) arraignment.
B) decision on guilt or innocence.
C) bench warrant.
D) binding.
E) indictment.

Question 13

Under use immunity:

A) the state cannot use the person's testimony against him.
B) the state agrees not to prosecute the person for any actions associated with the testimony, as long as the person testifies truthfully.
C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony.
D) the person may still refuse to testify without jeopardizing his immunity.
E) A and C

Question 14

Under transactional immunity:

A) the state cannot use the person's testimony against him.
B) the state agrees not to prosecute the person for any actions associated with the testimony as long as the person testifies truthfully.
C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony.
D) the person may still refuse to testify without jeopardizing his immunity.
E) B and C

Question 15

The work product rule is related to:

A) attorney-client privilege.
B) spousal privilege.
C) priest-penitent privilege.
D) patient-counselor privilege.
E) reporter's privilege.

Question 16

A plea agreement is between:

A) a prosecutor and a defense attorney.
B) a prosecutor and a judge.
C) a prosecutor and a defendant.
D) a judge and a defendant.
E) a defense attorney and a defendant.

Question 17

Under a nolo contendere plea the defendant:

A) admits no wrongdoing, but agrees to serve the sentence.
B) does not incur liability in any possible civil trial arising out of the same acts.
C) relinquishes his presumption of innocence.
D) maintains his innocence, but allows the court to sentence him as if he were guilty.
E) A and B

Question 18

Under an Alford plea, the defendant:

A) admits no wrongdoing, but agrees to serve the sentence.
B) does not incur liability in any possible civil trial arising out of the same acts.
C) relinquishes his presumption of innocence.
D) maintains his innocence, but allows the court to sentence him as if he were guilty.
E) A and B

Question 19

A cooperation agreement:

A) is the same as use immunity
B) is the same as transactional immunity
C) lays out how the defendant will testify in exchange for a recommendation of leniency.
D) circumvents attorney-client privilege.
E) none of the above

Question 20

Currently, the Right to Counsel is extended to anyone accused of a state or federal misdemeanor.

Question 21

A defendant has the Right to Counsel at the arraignment, at preliminary hearings, during most police interrogations, during a lineup, at trial, and at sentencing.

Question 22

The Right to Counsel, including free counsel for indigent defendants, stops after the verdict is rendered in the trial. Obtaining counsel for post-trial appeals is the responsibility of the defendant.

Question 23

"Use Immunity" is a broad form of immunity in which the person cannot be prosecuted for any action related to the testimony, as long as the person testifies truthfully.

Question 24

"Use Immunity" is a limited form of immunity in which the person's testimony cannot be used as evidence against them.

Question 25

The principle that conversations between client and counsel are privileged in order to encourage full and frank discussion between them is called Priest-Penitent Privilege.

Question 26

Private conversations between husband and wife are privileged to protect marriages from the destructive effects of being compelled to testify against one another.

Question 27

The Supreme Court has ruled that the protection of conversations between a patient and his/her psychiatrist "serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem."

Question 28

If a person confesses to a crime, but was not first informed of his/her rights, the confession will be inadmissible at trial.

Question 29

Any law enforcement official who questions you must read you the Miranda warning.

Question 30

Because the law recognizes only husband-wife privilege, legally married same sex couples do not enjoy the same privilege.

Question 31

Courts cannot compel a person to produce a DNA sample.

Question 32

Most states require defendants to be tried within a year of being arrested.

Question 33

Statutes of limitation determine how much time can pass after a crime has been committed, within which a person can be prosecuted for that crime.

Question 34

The Speedy Trial Act of 1974 set strict time limits to try defendants in the federal system.

Question 35

A person is in custody if he or she is not free to leave.

Question 36

Confessions may only be used against a defendant if the prosecution can show they followed the procedures laid out in Miranda, and they did not coerce or otherwise extract a confession from the defendant.

Question 37

The right to remain silent is not without limits.

Question 38

The first legal proceeding after being arrested is the preliminary hearing.

Question 39

The right embodied in the Fifth Amendment that allows an accused person to remain silent is the right _______________.

Question 40

The court appearance shortly after the suspect's arrest where the suspect is informed of specific rights is the___________________.

Question 41

The limited right to be released from prison pending trial after posting enough security to assure appearance at the time of trial is the ____________________.

Question 42

An __________________ is the written accusation claiming that a specific person committed a specific crime or crimes.

Question 43

A document issued by a judge ordering law enforcement officers to arrest a specific person is a ________________ .

Question 44

An order moving jurisdiction from the court where the preliminary hearing took place to the trial court is a_______________.

Question 45

A limited form of immunity where the person's testimony cannot be used as evidence against him or her is ___________________.

Question 46

The most beneficial type of immunity for a defendant is _________ immunity.

Question 47

A _____________ is an agreement between the prosecution and a defendant that spells out that the defendant will cooperate in the prosecution of others in the same or related criminal activity, usually in exchange for a recommendation of leniency to the court.

Question 48

The rule that protects material produced by an attorney in preparation for a trial, or the work product from discovery is the ___________.

Question 49

MATCHING

-marital privilege

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 50

MATCHING

-quash

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 51

MATCHING

-priest-penitent privilege

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 52

MATCHING

-patient-counselor privilege

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 53

MATCHING

-plea bargaining

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 54

MATCHING

-Bench conference

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 55

MATCHING

-nolo contendere

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 56

MATCHING

-Alford plea

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 57

MATCHING

-arrest

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 58

MATCHING

-custody

A) The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
B) The state of being detained by law enforcement officers.
C) Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
D) The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
E) The right of a person to refuse to testify against his or her spouse.
F) A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
G) The process of negotiating the settlement of criminal charges without a trial.
H) to annul
I) The official taking of a person to answer criminal charges.
J) A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.

Question 59

When a person is arrested, they have the right to an attorney. However, attorneys are very expensive. What happens if the person does not have the money to pay for an attorney?

Question 60

Define "suborning perjury" and what is has to do with Attorney Client Privilege.