Deck 12: Basic Constitutional Rights of the Accused During Trial

Question 1

In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case on to trial:

A) the detention decision requires probable cause, while the trial decision requires reasonable suspicion.
B) the detention decision requires reasonable suspicion, while the trial decision requires probable cause.
C) both decisions require reasonable suspicion only.
D) both decisions require probable cause, but less probable cause is needed to justify the detention decision than is necessary to justify the trial decision.

Answer 1

D

Question 2

According to the Supreme Court opinion in U.S. v. Salerno, involving pre-trial detention, of defendants due to the threat they posed to public safety:
I) preventive detention is not punishment.
II) pretrial detention can only be imposed for the purpose of securing the defendant's appearance at trial.
III) pretrial detention can be imposed to secure the defendant's appearance at trial and if the court finds that the defendant poses a risk to the safety of the community.
IV) pretrial detention violates the Eight Amendment.

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

Answer 2

C

Question 3

According to the Supreme Court opinion in Scott v. Illinois, involving the right to counsel in a shoplifting case punishable by up to one year in jail and a fine:

A) the Sixth Amendment guarantees the right to a lawyer only in capital cases in federal courts.
B) the right to counsel attaches only in actual imprisonment cases.
C) the right to counsel attaches only in cases punishable by imprisonment for more than one year.
D) the right to counsel does not extend to misdemeanor cases.

Answer 3

B

Question 4

Pro bono counsel is:

A) an attorney admitted to practice before the Supreme Court.
B) a lawyer who represents someone in court without a fee.
C) court appointed counsel for those who cannot hire their own attorney.
D) another term for retained counsel.

Question 5

What percentage of cases are dropped because of the exclusionary rule?

A) approximately 8%
B) less than 10%
C) more than 12%
D) fewer than 2%

Question 6

In determining bail, courts take which of the following into account?
I) seriousness of the offense
II) weight of the evidence against the defendant
III) prior criminal record
IV) length of defendant's residence in the community

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

Question 7

According to the Supreme Court's decision in Strickland v. Washington, in order for a convicted defendant's claim that counsel's assistance was so defective as to require reversal of a conviction, the defendant must show:
I) counsel's performance was deficient.
II) counsel made errors so serious that he/she was not functioning as guaranteed by the Sixth Amendment.
III) the deficient performance of counsel prejudiced the defense.
IV) because of defense counsel's performance, the trial result is not reliable.

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

Question 8

According to the Supreme Court opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:
I) due process entitles all persons not convicted of crimes a single cell.
II) strip searches violate the constitutional rights of persons not yet convicted of crimes.
III) double bunking amounts to unconstitutional punishment.
IV) prison administrators should be accorded wide ranging deference in the adoption of jail policies.

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

Question 9

Which of the following standards have states adopted for deciding whether a case should be bound over for trial after a preliminary hearing?
I) clear and convincing standard
II) beyond a reasonable doubt standard
III) prima facie standard
IV) directed verdict standard

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

Question 10

With respect to bail and pretrial detention:
I) most defendants are not detained until trial.
II) detention can last for considerable periods.
III) pretrial detention is one of the factors contributing significantly to the jail overcrowding problem.
IV) under the Constitution, pretrial detention may never exceed 90 days.

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

Question 11

In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel, courts interpreted that right to mean:

A) all defendants must receive counsel at government expense.
B) defendants have a right to counsel at trial provided they can afford one.
C) defendants do not have a right to counsel until the trial itself, but once trial begins all defendants must receive lawyers even if they cannot afford them.
D) only felony defendants are entitled to lawyers at government expense.

Question 12

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

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 13

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:

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.

Question 14

Which of the following are considered critical stages in a criminal proceeding?
I) All lineup proceedings
II) First Appearance
III) Preliminary hearing
IV) Lineup after formal charges

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

Question 15

Which of the following are considered "administrative steps incident to arrest" that are allowed to be completed prior to the warrantless arrestee's appearance to a magistrate?
I) searching the suspect
II) conducting a lineup
III) interrogating the suspect
IV) completing paperwork

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

Question 16

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.

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

Question 17

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

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

Question 18

Which of the following duties do magistrates perform at the first appearance?
I) determination to set bail or detain suspects
II) inform defendants of their rights
III) ask felony defendants to plead to charges
IV) read the charges against the defendant

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

Question 19

Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:

A) by the police at time of arrest.
B) by a magistrate at the first appearance.
C) by a judge at the preliminary hearing.
D) by a judge at trial.

Question 20

The right to counsel attaches:

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.

Question 21

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

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

Question 22

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

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 23

The qualifications for federal grand jurors include which of the following?
I) U.S. citizenship
II) be 18 years or older
III) ability to speak, write, and read English
IV) no felony convictions

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

Question 24

The prohibition against double jeopardy attaches:

A) at arrest.
B) after indictment or being bound over following a preliminary hearing.
C) when the first witness testifies.
D) at different times for judge and jury trials.

Question 25

The prohibition against double jeopardy is found in:

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

Question 26

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.

Question 27

If a defendant's constitutional right to a speedy trial is violated:

A) the charges against the defendant are dismissed.
B) the time the defendant spent in jail awaiting trial is deducted from his sentence.
C) the court determines the point at which the trial should have commenced and deducts from the sentence the period of time between then and the date the trial actually started.
D) the prosecution must go back to the grand jury stage and start all over.

Question 28

Misdemeanor defendants commonly enter a plea at their first appearance.

Question 29

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

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 30

The speedy trial clause prohibits:

A) any delay in prosecution.
B) delays caused by the state.
C) delays due to trials of other defendants.
D) only undue delays.

Question 31

According to the Supreme Court, the Fourth Amendment requires that the police take suspects detained without arrest warrants promptly to a judge or magistrate for a determination of probable cause.

Question 32

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

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

Question 33

Preliminary hearings and grand jury review differ in several important respects. These differences include:
I) preliminary hearings are secret; grand jury proceedings are public.
II) preliminary hearings are adversary proceedings; grand jury proceedings are not.
III) judges preside at preliminary hearings; prosecutors manage grand jury proceedings.
IV) grand jury proceedings determine probable cause to prosecute a defendant; preliminary hearings do not.

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

Question 34

According to the dual sovereignty doctrine:

A) it violates the double jeopardy clause to prosecute and punish a defendant for the same act in separate jurisdictions.
B) the federal government cannot prosecute a defendant for a similar state crime.
C) different jurisdictions can prosecute and punish a defendant for the same conduct
D) state governments cannot charge defendants for the same felony.

Question 35

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

Question 36

According to the Supreme Court, the four elements that determine whether a delay violates the speedy trial clause include:
I) the length of the delay.
II) the reason for the delay.
III) the defendants' assertion of their right to a speedy trial.
IV) the prejudice that the delay causes to the defendants' case.

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

Question 37

The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.

Question 38

Preliminary hearings:
I) are adversary proceedings.
II) are open public proceedings.
III) require the prosecutor to present evidence of the defendant's guilt.
IV) permit the defense to present evidence.

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

Question 39

The speedy trial clause of the Sixth Amendment promotes/protects which of the following interests?
I) prevents prolonged detention prior to trial
II) guards against weakening the defense's case
III) reaching the correct result in individual cases
IV) organizational interests in efficiency and economy

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

Question 40

The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof.

Question 41

The formal name for the place where a trial is held is ____________________.

Question 42

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.

Question 43

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

Question 44

All dismissals because of speedy trial violations are with prejudice.

Question 45

If a judge concludes at a preliminary hearing that the government has satisfied its evidentiary burden, the defendant is _______________________.

Question 46

Preliminary hearings are adversary proceedings.

Question 47

The record of the numbers grand jurors voting for an indictment is the _________.

Question 48

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

Question 49

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 _____________.

Question 50

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.

Question 51

A jury that cannot reach a verdict after lengthy deliberations is a/an ___________.

Question 52

A lawyer paid for by the client is called _________________.

Question 53

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

Question 54

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

Question 55

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as __________________.

Question 56

A crime arising out of the same facts in one state is not the same crime in another state, for purposes of double jeopardy, according to the ______________ doctrine.

Question 57

Most recent legal commentary supports the grand jury process.

Question 58

Defendants may only plead nolo contendere with permission of the court.

Question 59

The pretrial detention of dangerous suspects who pose a threat to community safety is called _________________.

Question 60

Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.

Question 61

Why and when do police officers have to take arrested suspects to a magistrate?

Question 62

Explain the difference between probable cause to detain a suspect and probable cause to go to trial.

Question 63

Exactly what does the constitutional right to bail consist of? Identify three constitutional rights our bail system denies to poor defendants, and explain how each is denied.

Question 64

List and describe the differences between testing the government's case by grand jury review and by preliminary hearing.

Question 65

Identify, define, and explain the two-prongs of the U.S. Supreme Court's test of "effective" counsel adopted in Strickland v. Washington.