Question 1

The right to counsel attaches:

Accepted Answer

A)   when the government files formal charges against defendants.
B)   as soon as police investigation focuses on a particular suspect.
C)   only at the trial.
D)   only after arraignment. A

Question 2

In most jurisdictions, when the police take a criminal case to the prosecutor's office, prosecutors may:
I. release suspects outright by not charging them.
II. divert the case into a program for community service.
III. start formal judicial proceedings by filing an information.
IV. divert the case into a restitution program.

Accepted Answer

A)   I, II, III, IV
B)   I, III
C)   I, II, III
D)   III A

Question 3

In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:

Accepted Answer

A)   without unreasonable delay, under all the circumstances.
B)   within 36 hours of arrest, ordinarily.
C)   within 48 hours of arrest, ordinarily.
D)   within 24 hours of arrest, ordinarily. C

Question 4

All dismissals because of speedy trial violations are with prejudice.

Accepted Answer

A) True 
 B)False

Question 5

The prohibition against double jeopardy prohibits all of the below, except:

Accepted Answer

A)   a second prosecution for the same offense after conviction.
B)   multiple punishments for the same offense.
C)   a second prosecution for the same offense after acquittal.
D)   multiple punishments for multiple crimes stemming from the same act(s) .

Question 6

Which of the following actions are prohibited by the double jeopardy clause?
I. a second prosecution for the same offense after a hung jury
II. multiple punishments for the same offense
III. a second prosecution for the same offense after conviction
IV. a second prosecution for the same offense after acquittal

Accepted Answer

A)   I, II, III, IV
B)   I, II
C)   II, III, IV
D)   III, IV

Question 7

A factor that the court can consider in deciding a motion for change of venue include is:

Accepted Answer

A)   trials at a distant location place a burden on the witnesses
B)   the courts in the community where the crime occurred are busy
C)   the prosecutor's office in the community where the crime occurred is short-staffed
D)   the police in the community where the crime occurred want the trial to remain in their jurisdiction

Question 8

If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:

Accepted Answer

A)   notifying by memo the judge who, if the case goes to trial, will probably preside.
B)   notifying by memo the lawyer representing the accused.
C)   filing a complaint, information, or indictment with the court.
D)   notifying the accused by letter.

Question 9

Due process of law requires not just counsel, but effective counsel.

Accepted Answer

A) True 
 B)False

Question 10

It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.

Accepted Answer

A) True 
 B)False

Question 11

The prohibition against double jeopardy is found in:

Accepted Answer

A)   the Sixth Amendment.
B)   the Fifth Amendment.
C)   the due process clauses.
D)   the Eighth Amendment.

Question 12

If an arrested person does not receive a judicial determination of probable cause within 48 hours, the state bears the burden of proving that there has not been an unreasonable delay.

Accepted Answer

A) True 
 B)False

Question 13

Both the state and defense may move for changes of venue.

Accepted Answer

A) True 
 B)False

Question 14

The principal mechanisms for testing the government's case against defendants prior to trial include:
I. grand jury review.
II. first appearance.
III. arrest warrants.
IV. preliminary hearings.

Accepted Answer

A)   I, II, III, IV
B)   I, II, IV
C)   I, IV
D)   II, IV

Question 15

A decision by a prosecutor not to charge a crime if the suspect performs community service instead is called __________________.

Accepted Answer

The answer of A decision by a prosecutor not to...

Question 16

After grand jurors are sworn in, they are charged by the:

Accepted Answer

A)   prosecutor.
B)   judge.
C)   clerk of court.
D)   foreman.

Question 17

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.

Accepted Answer

A) True 
 B)False

Question 18

In Strickland v. Washington, the Supreme Court adopted which standard to evaluate the performance of defense counsel in a criminal case?

Accepted Answer

A)   reasonably effective assistance
B)   mockery of justice
C)   reasonably competent attorney
D)   reasonably educated attorney

Question 19

The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their attorney's performance was not reasonably competent.

Accepted Answer

A) True 
 B)False

Question 20

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to them is called _____________.

Accepted Answer

The answer of The stage of the criminal process at...

Exam 12: Basic Constitutional Rights of the Accused During Trial

The right to counsel attaches:

All dismissals because of speedy trial violations are with prejudice.

The prohibition against double jeopardy prohibits all of the below, except:

A factor that the court can consider in deciding a motion for change of venue include is:

If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:

Due process of law requires not just counsel, but effective counsel.

It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.

The prohibition against double jeopardy is found in:

If an arrested person does not receive a judicial determination of probable cause within 48 hours, the state bears the burden of proving that there has not been an unreasonable delay.

Both the state and defense may move for changes of venue.

The principal mechanisms for testing the government's case against defendants prior to trial include: I. grand jury review. II. first appearance. III. arrest warrants. IV. preliminary hearings.

A decision by a prosecutor not to charge a crime if the suspect performs community service instead is called __________________.

After grand jurors are sworn in, they are charged by the:

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.

In Strickland v. Washington, the Supreme Court adopted which standard to evaluate the performance of defense counsel in a criminal case?

The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their attorney's performance was not reasonably competent.

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to them is called _____________.