Deck 8: Trial Defense and Prosecution

Question 1

The term __________ refers to case attrition,in which arrests do not result in convictions for various reasons.

A)diversion programs
B)pretrial intervention
C)plea bargaining
D)case mortality

Answer 1

D

Question 2

A __________ represents accused persons in court proceedings.

A)legal assistant
B)victim and witness assistant
C)forensic scientist
D)defense attorney

Answer 2

D

Question 3

A growing court caseload,combined with high case mortality,reveals that most cases end in __________.

A)hung juries
B)pleas of innocence
C)guilty pleas
D)acquittals

Answer 3

C

Question 4

Plea bargaining appears to result from two overriding factors:

A)Most cases have few issues of fact or law to be established at trial,because the evidence against the defendant is or is not present.
B)The risks of going to trial are high for both sides;at trial even an "open-and-shut" case can be lost because of victims and witnesses who may be poor witnesses,and at trial even a case with weak evidence can be decided in favor of the prosecution.
C)All of the above
D)None of the above

Question 5

A ___________ coordinates and provides services to victims and witnesses by providing information,counseling,or other support services.

A)legal assistant
B)victim and witness assistant
C)forensic scientist
D)defense attorney

Question 6

__________ are lesser included offenses that are,by definition,included in a charge as part of another (more serious)offense.

A)Essentially included offenses
B)Inevitably included offenses
C)Automatically included offenses
D)Necessarily included offenses

Question 7

When the charge is not pressed further,it is called __________.Such a decision is entirely within the prosecutor's discretion.

A)nolle prosequi
B)nolo contendre
C)voir dire
D)de facto

Question 8

When defendants who take lives unlawfully are portrayed as victims,it is called a(n)___________.

A)mediation circle
B)urban survival defense
C)pretrial settlement conference
D)arbitration meeting

Question 9

Proposals to eliminate undesirable aspects of plea bargaining include __________.

A)time limits
B)more public negotiations and reviews of plea agreements by panels of judges
C)better case-screening procedures
D)All of the above

Question 10

Several cities use a(n)__________,in which the prosecutor,the defendant,the defendant's counsel,and the judge meet before a trial to discuss a plea.

A)mediation circle
B)urban survival defense
C)pretrial settlement conference
D)arbitration meeting

Question 11

A __________ studies and reports on criminal evidence used in adjudication (DNA,drugs,blood,hair,fingerprints,fibers,documents,residue from bullets and explosives).

A)legal assistant
B)victim and witness assistant
C)forensic scientist
D)defense attorney

Question 12

An agreement by a prosecutor to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty is called __________.

A)diversion programs
B)pretrial intervention
C)plea bargaining
D)case mortality

Question 13

The vast majority of public defender officers use formal criteria to determine if a defendant qualifies as __________ and is eligible for public representation.

A)wealthy
B)indigent
C)mentally ill
D)addicted to drugs

Question 14

In order to help pay for the costs of indigent defense,more than 80 percent of offender offices have some form of cost recoupment for public defender services.The most common fees involve __________.

A)charges based on the cost for the defender's services
B)court-related expenses
C)application and state legislature fees
D)All of the above

Question 15

Laws under which conviction for a third felony results in an extended sentence,up to life imprisonment are called __________.

A)'Three crimes' laws
B)'Three strikes' laws
C)'Three offenses' laws
D)'Three convictions' laws

Question 16

The right to __________ is a Sixth Amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.

A)prosecution
B)defense
C)counsel
D)incapacitation

Question 17

A type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant is called __________.

A)diversion programs
B)pretrial intervention
C)plea bargaining
D)case mortality

Question 18

Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication are called __________.

A)diversion programs
B)pretrial intervention
C)plea bargaining
D)case mortality

Question 19

A __________ is a paralegal employed by prosecutors,defense attorneys,and law firms to assist in the preparation of civil and criminal cases.

A)legal assistant
B)victim and witness assistant
C)forensic scientist
D)defense attorney

Question 20

The dramatic growth in caseloads has placed tremendous strain on many courts.The situation was aggravated in 1974 when Congress passed the __________.This act requires that all criminal cases be brought to trial within one hundred days;if they are not,they will be dismissed.

A)Rapid Hearing Act
B)Speedy Trial Act
C)Fast Court Act
D)Swift Judicial Act

Question 21

A defendant is entitled not only to legal counsel,but to effective counsel.

Question 22

A prosecuting attorney represents a jurisdiction (district or commonwealth)in bringing charges against accused persons arrested by the police.

Question 23

Courts adjudicate a large volume of cases each year,but the number is decreasing.

Question 24

The scope of the right to counsel has been defined by the U.S.Supreme Court in a series of cases involving the interpretation and application of the Sixth Amendment.

Question 25

Most prosecutors now recommend a wide range of 'intermediate sanctions' that involve neither incarceration nor probation.

Question 26

Overall spending is much higher for prosecutors' offices than for public defenders' offices,and it is likely that expenditures per case (on investigations,witness interviews,expert opinions,and legal research)are also significantly higher.

Question 27

Overreliance on plea bargaining can result in its abuse.

Question 28

Prosecutors are not granted considerable discretion in the manner in which they enforce the law.

Question 29

The rationale for the Speedy Trial Act is that the Sixth Amendment requires 'a speedy and public trial' and that delays in court often work against the interests of the accused,who may be in jail awaiting adjudication of the case.

Question 30

A judge or magistrate upholds rights of the accused,arbitrates between the prosecution and the defense in a criminal case.S/he also instructs juries,rules on issues of law and procedure,and may decide on a sentence.

Question 31

__________ are alternatives to the formal criminal justice process,implemented after a suspect has been charged but prior to adjudication.

Question 32

The __________is an act requires that all criminal cases be brought to trial within one hundred days;if they are not,they will be dismissed.

Question 33

A major issue for criminal defense is the tendency to focus on the __________ rather than on the criminal act.This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense.

A)victim
B)offender
C)prosecution
D)punishment

Question 34

__________ occurs when a prosecutor agrees to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty.

Question 35

__________ is a type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant.If these conditions are met,the case is dismissed.

Question 36

Plea bargaining occurs when a prosecutor agrees to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty.

Question 37

Courts with low caseloads have been found to have lower plea rates than courts with high caseloads.

Question 38

The vast majority of public defender officers use formal criteria to determine if a defendant qualifies as indigent and is eligible for public representation.

Question 39

States do not vary in how they pay for indigent defense.

Question 40

Diversion programs are alternatives to the formal criminal justice process,implemented after a suspect has been charged but prior to adjudication.

Question 41

A growing court __________,combined with high case mortality,reveals that most cases end in guilty pleas.

Question 42

The Sixth Amendment to the U.S.Constitution guarantees the right of accused persons to have the assistance of ___________.

Question 43

The scope of the right to counsel has been defined by the U.S.Supreme Court in a series of cases involving the interpretation and application of the Sixth Amendment.How had the Supreme Court applied the right to counsel narrowly at first and how has expanded it significantly over the years.?

Question 44

Several cities use a __________,in which the prosecutor,the defendant,the defendant's counsel,and the judge meet before a trial to discuss a plea.The arresting officer and the victim are invited to attend these sessions.No plea negotiations can take place outside this setting;and no plea negotiations are admissible as evidence if a trial eventually results,so as not to prejudice a judge or jury.

Question 45

A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act.Why is this an issue and what has this led to?

Question 46

___________ are laws under which conviction for a third felony results in an extended sentence,up to life imprisonment.

Question 47

What is a pretrial settlement conference and how is it utilized? Please explain.

Question 48

In 1970 the Supreme Court ruled that defendants are entitled to __________ assistance of counsel,but it is difficult to demonstrate that the outcome of a case would have been different without counsel's errors.

Question 49

The term __________ refers to case attrition,in which arrests do not result in convictions for various reasons.

Question 50

Plea bargaining occurs when a prosecutor agrees to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty.How might this process affect the victim in the case? In other words,do you think that plea bargaining is a positive or negative process for the victim.Why or why not?

Question 51

How do states vary in how they pay for indigent defense? Please explain.