Deck 12: The Initiation of the Legal Process, Bail, and the Right to Counsel

Question 1

Which of the following is not one of the powers of the prosecutor?

A)Decide who to charge who with a crime
B)Decide what crime to charge
C)Decide whether to plea bargain a case
D)All of the above are powers of the prosecutor.

Answer 1

D

Question 2

The provision barring "excessive bail" is found in the _____.

A)Equal Protection Clause
B)Sixth Amendment
C)Seventh Amendment
D)Eighth Amendment

Answer 2

D

Question 3

At which of the following stages in the criminal process does the right to counsel not attach?

A)Arraignment
B)Bail setting
C)Plea bargaining negotiations
D)Preliminary hearing

Answer 3

B

Question 4

The primary purpose of bail is to ensure _____.

A)a fair trial
B)the smooth operation of justice
C)the defendant's appearance for trial
D)the profitability of the courts

Question 5

A probable cause hearing is also referred to as a _____.

A)Boyle hearing
B)Gerstein hearing
C)Goodwin hearing
D)McLaughlin hearing

Question 6

Determination of probable cause for detainment of an individual is unnecessary for all but which of the following scenarios?

A)The suspect was arrested without a warrant.
B)The suspect was arrested with a warrant.
C)The suspect was indicted by a grand jury.
D)A probable cause determination is unnecessary in all of the above scenarios.

Question 7

At which point in the criminal justice process does the responsibility for the case switch over from the police to the prosecutor?

A)After the suspect's arrest
B)After the suspect's initial appearance
C)After the suspect's preliminary hearing
D)After the beginning of pretrial motions

Question 8

The legal assumption that prosecutors honestly, fairly, and responsibly exercise their authority except where there exists clear evidence to the contrary is known as the _____.

A)blessing of the state
B)presumption of regularity
C)prosecutor's authority
D)prosecutorial trust principle

Question 9

The U.S. Supreme Court has noted that prosecutorial authority is "_____" but not "_____."

A)broad, unlimited
B)limited, reviewable
C)specific, cumbersome
D)vague, unconstitutional

Question 10

Historically, under English common law, which defendants were entitled to counsel?

A)All defendants
B)Those accused of a felony
C)Those accused of a misdemeanor
D)No defendant

Question 11

An individual who is released on recognizance has been ____.

A)released on bail commensurate to his/her income
B)released without being required to post any bail
C)released into a halfway house
D)released under the supervision of a parole officer

Question 12

A prosecutor who increases the charges or severity of the charges against an individual who has asserted his/her constitutional rights has engaged in _____.

A)discriminatory prosecution
B)ominous prosecution
C)selective prosecution
D)vindictive prosecution

Question 13

Which of the following is not a reason judges are extremely reluctant to review prosecutorial decisions to prosecute?

A)The lack of prosecutorial experience on the part of the judges
B)The traditional roles of judges going back to English common law
C)The large amount time and money required for such oversight
D)Separation of powers between the executive and judicial branches

Question 14

The U.S. Supreme Court has held that _____ are entitled to the assistance of counsel.

A)all defendants
B)all defendants sentenced to at least one day of incarceration
C)all defendants facing anything greater than a petty misdemeanor
D)all defendants facing felony charges

Question 15

A prosecutor who chooses to prosecute an individual due to his/her sex or religion has engaged in _____.

A)discriminatory prosecution
B)ominous prosecution
C)selective prosecution
D)vindictive prosecution

Question 16

If a defendant posts bond via a bail bondsman but then does not appear for trial, all but which of the following is likely to happen?

A)The court will put out a warrant for the defendant's arrest.
B)The bail bondsman will attempt to personally track down the defendant and bring him/her to court.
C)The bail bondsmen will hire a bounty hunter to find the defendant and bring him/her to court.
D)All of the above are likely to occur.

Question 17

Which of the following does not occur at the initial appearance?

A)The defendant is informed of his/her right to counsel.
B)The defendant is informed of his/her right to pretrial release.
C)The defendant is informed of his/her right to a speedy trial.
D)The defendant is informed of his/her right of postconviction appeals.

Question 18

In which landmark case did the U.S. Supreme Court abolish the old "special circumstances" test and hold that the right to counsel for indigent defendants applied to all individuals charged with felonies?

A)Gideon v. Wainright
B)Powell v. Alabama
C)Scott v. Illinois
D)United States v. Salerno

Question 19

Individuals being held in pretrial detention are _____ until trial.

A)held in the local prisons
B)held in short-term jails
C)placed under house arrest
D)unable to leave the state

Question 20

Preventive detention is designed to hold for trial all but which of the following?

A)Defendants who pose a risk to the community
B)Defendants who are deemed a flight risk
C)Defendants who cannot afford to post bail
D)Preventive detention is designed to hold all of the above.

Question 21

A defendant does not have a right to be represented by an individual who is not a member of the bar.

Question 22

Which of the following has a right to specifically select counsel?

A)A defendant who hires his/her own attorney
B)An indigent defendant
C)A defendant charged with a felony
D)A defendant charged with a capital offense

Question 23

Upon a suspect's arrest, to whom does the responsibility for a case shift?

A)Defense attorney
B)Federal authorities
C)Prosecutor's Office
D)The suspect

Question 24

By means of the Sixth Amendment right to counsel, an indigent defendant charged with any nontraffic offense is entitled to counsel.

Question 25

The practice of posting bail was important to the Founding Fathers because such a right was completely unheard of in England at the time.

Question 26

Unlike much of the pretrial and trial process, probable cause hearings are described as "nonadversarial."

Question 27

What does it mean for an individual to act pro se?

A)He is represented by a public defender.
B)He is in contempt of court.
C)He is hiring a private lawyer.
D)He is representing himself.

Question 28

In Riverside County v. McLaughlin, the U.S. Supreme Court held that a two-day wait for a probable cause hearing was an unreasonably long time.

Question 29

Which of the following is not one of the limitations on self-representation?

A)Defendant must inform the court in advance
B)Defendant must intelligently waive his/her right to counsel
C)Defendant must not be disruptive in court
D)Defendant must represent him/herself effectively

Question 30

In which case did the U.S. Supreme Court establish the requirement of "effective" counsel for both indigent and nonidigent defendants?

A)Glover v. United States
B)Kimmelman v. Morrison
C)Strickland v. Washington
D)United States v. Cronic

Question 31

The U.S. Supreme Court has held that if a defendant faces the possibility of even one day of incarceration as part of a sentence, he/she is entitled to counsel.

Question 32

Which of the following is not one of the three limitations on self-representation suggested by the decision in Faretta?

A)Notice
B)Competence
C)Strategy
D)Disruptiveness

Question 33

When a prosecutor chooses to prosecute an individual due to his/her sex or religion, he/she has engaged in which of the following practices?

A)Vindictive prosecution
B)Selective prosecution
C)Prosecutorial discretion
D)Presumption of regularity

Question 34

Defense attorneys have a duty to investigate possible mitigating circumstances for all homicide charges.

Question 35

Which of the following is not a justification used in Faretta v. California to allow self-representation?

A)The defendant is the one who suffers should he/she fail.
B)Forcing a defendant to accept representation could bring about questions of fairness.
C)Defendants representing themselves may elicit sympathy from the jury.
D)Some defendants may know strategies better than their attorneys.

Question 36

The defendant is informed of the charges against him/her during the probable cause hearing.

Question 37

A refusal to permit a defendant to represent him- or herself without proper cause will result in a reversal on appeal.

Question 38

To determine whether counsel was truly ineffective, one must look to the totality of the circumstances of the situation in question.

Question 39

Who makes the decision whether to plea bargain a case?

A)Prosecutors
B)Defense attorneys
C)Law enforcement officials
D)Judicial law clerks

Question 40

The U.S. Supreme Court requires lawyers to conduct an investigation into possible mitigating circumstances in which cases?

A)All felonies
B)All homicides
C)First-degree murder cases
D)Capital cases

Question 41

The first appearance is triggered by the filing of a complaint, which is a sworn statement by the prosecutor charging the defendant with a specific offense. What are the four primary purposes of the initial appearance and why is each important?

Question 42

Explain what the presumption of regularity is and explore whether you feel it is accurate or antiquated.

Question 43

The prosecutor is a member of which branch of government?

Question 44

Explore the positives and negatives of the bail system and preventative detention. Do you agree or disagree that preventative detention should be utilized for individuals who pose flight risks? Who should determine which individuals are flight risks and what constitutes a flight risk?

Question 45

Supreme Court Justice Jackson observed that the _____ is likely the most powerful person in the criminal justice system.

Question 46

A defendant who is unable to reasonably afford counsel is said to be _____.

Question 47

An individual not held in pretrial detainment yet not required to post any monetary bail is said to have been released on _____.

Question 48

While a defendant does have a right to counsel, he may not choose a specific lawyer. Why do you think this is? Do you think there would be fewer ineffective-assistance-of-counsel claims if defendants were able to choose specific counsel?

Question 49

In the same amendment that prohibits "cruel and unusual" punishment, one can find a provision barring "_____" bail.

Question 50

Courts are very reluctant to interfere with prosecutorial discretion. List and explain the three primary reasons for this given in the text. If it were discovered that there was a pattern of prosecutorial misconduct, how might this problem be investigated and repaired, keeping the previous list of three in mind?

Question 51

What is the two-pronged test for ineffective assistance of counsel? Do you think this is a good measure? Can you think of ways to improve the analysis?