Deck 10: Prosecution and Defense

Question 1

Although they cooperate in many cases, public defenders are sufficiently independent of prosecutors and judges to make choices about whether to seek a trial or to negotiate a plea.

Answer 1

True

Question 2

Defense attorneys should never offer psychological support to their clients.

Answer 2

False

Question 3

The largest group of attorneys in full-time criminal practice makes small fees for cases either as retained or assigned counsel.

Answer 3

True

Question 4

During the discovery process, it is legal for a prosecutor to hide from a defense attorney any evidence that tends to show that the defendant is innocent.

Question 5

Close cooperation between prosecutors and the police is automatic in every case because of their similar views of crime and the fact that they work for the same sponsoring organization.

Question 6

Assigned counsel are attorneys employed full time by the government to provide defense services to those offenders who cannot afford their own attorneys.

Question 7

Most states use the "contract counsel" method of providing attorneys for those who cannot afford their own attorneys.

Question 8

In most states, no higher authority can second guess or change the decision of a prosecutor.

Question 9

Because trials are so infrequent, defense attorneys' working lives tend to be quite different than the lives of attorneys as portrayed on television.

Question 10

Prosecutors are not influenced by the political system.

Question 11

Some communities may prefer that prosecutors not pursue punishment for crimes such as prostitution or gambling .

Question 12

The state's governor appoints most local prosecutors.

Question 13

The job of the defense attorney is accurately depicted in most legally themed television shows.

Question 14

Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict innocent people.

Question 15

In most cases involving plea bargains and dismissals, defense attorneys are more like a cooperating partner and less like an all-out adversary to a prosecutor.

Question 16

Prosecutors have great influence at virtually every stage of the criminal justice process.

Question 17

The "slow plea of guilty" occurs when decision makers have already made up their minds about the case, but the defense attorney goes through the motions of putting up a fight against the decision.

Question 18

The prosecutor's complex occurs when prosecutors push to close each case with a conviction and lack the ability to objectively evaluate whether the evidence truly shows the defendant is guilty.

Question 19

Most criminal defense lawyers are able to become wealthy because there are so many rich celebrities and professional athletes who get into trouble with the law.

Question 20

The majority of convicted offenders serving time in state prisons were indigent defendants who received publicly provided defense attorneys.

Question 21

Which is a factor that increases the power of prosecutors?

A)Many of their decisions are hidden from public view.
B)They must have a judge sign off on any decision to drop a case.
C)They are dependent on the defense attorney for witness statements.
D)Jurisdictional boundaries are sometimes confusing.

Question 22

System efficiency refers to the presence of sufficient legal elements to ensure successful prosecution of a case.

Question 23

The U.S. Supreme Court has clearly defined the term "ineffective counsel."

Question 24

How might public opinion affect a prosecutor's decision to try a certain case?

A)Prosecutors conduct surveys of the community to determine which cases are most important.
B)Prosecutors are elected, so their decisions should reflect community values.
C)Prosecutors have no discretion to try cases-they must bring every case they receive to court.
D)Prosecutors keep the community happy by having low conviction rates.

Question 25

What is a "prosecution complex"?

A)When an offender fears unfair treatment by the prosecutor
B)When a judge sides with the prosecutor in a court decision
C)When a defense attorney comes to believe he or she represents the state
D)When prosecutors view themselves as an instrument of law enforcement

Question 26

Which is not a name given to a prosecuting attorney?

A)District attorney
B)State's attorney
C)Commonwealth attorney
D)The people's attorney

Question 27

Findings from research have indicated there is little difference between the outcomes of private attorneys, public defenders, contract counsel, and assigned counsel.

Question 28

Scholars often view public defenders as generally better than assigned counsel because public defenders are full-time government employees who are specialists in criminal law.

Question 29

Most cases are handled by criminal lawyers who must quickly process a large volume of cases for small fees.

Question 30

Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that they are paid by the state.

Question 31

Which is considered a distinct role of a prosecutor?

A)Trial counsel for the police
B)House counsel for the police
C)Representative of the court
D)Servant of the truth

Question 32

Criminal sufficiency refers to the presence of the minimum legal elements necessary for prosecution of a case.

Question 33

Which best describes the discretion given to a prosecutor?

A)Limited discretion
B)Variant discretion
C)Broad discretion
D)Relative discretion

Question 34

During the accusatory process, the suspect is arrested, booked, and indictment is granted.

Question 35

Because most cases are decided by plea bargains, defense attorneys feel it is unimportant to maintain good relations with those in the criminal justice system.

Question 36

Contract counsel occurs when an attorney in private practice contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount.

Question 37

A state's chief legal officer, usually responsible for both civil and criminal matter is the state attorney general.

Question 38

The prosecutor represents the accused or convicted offenders in their dealings with criminal justice officials.

Question 39

Trial sufficiency is the policy of the prosecutor's office that encourages speedy and early disposition of cases in response to caseload pressures.

Question 40

What is the most common method of selection for the job of county prosecutor?

A)Merit selection
B)Appointment
C)Election
D)Volunteer

Question 41

Why might a prosecutor not seek to file charges on behalf of a prostitute who is raped?

A)She has a criminal record.
B)The jury believes she played a role in her victimization.
C)Prosecutors do not believe the victim is deserving of their attention.
D)All of the above are reasons why a prosecutor may not seek to file charges on behalf of a prostitute who was raped .

Question 42

When a case is accepted and charges are made only if there is enough evidence to ensure conviction, a prosecutor is operating according to the _______ model.

A)system efficiency
B)legal sufficiency
C)trial sufficiency
D)legal efficiency

Question 43

Charges are not likely brought against offenders when victims

A)are upstanding members of society.
B)are not credible.
C)want the offender prosecuted.
D)are trustworthy.

Question 44

A defense attorney who works to prepare the defendant for the likely outcome of punishment and who helps persuade the defendant to plead guilty is said to be performing the role of:

A)agent-mediator
B)slow plea of guilty
C)beleaguered dealer
D)beleaguered guilty

Question 45

When prosecutors are merely asking whether there is enough evidence to serve as a basis for prosecution, they are operating according to the _______ model.

A)system efficiency
B)legal sufficiency
C)trial sufficiency
D)trial efficiency

Question 46

After deciding that a case should be filed against an offender, the next step of the prosecutor is to determine

A)whether to seek the death penalty.
B)which charges to file against the offender.
C)whether the evidence was collected in accordance with constitutional regulations.
D)whether the police used excessive force in apprehending the offender.

Question 47

Which is true about attorney competence?

A)The U.S. Supreme Court has ruled that defendants are entitled to adequate counsel.
B)Attorneys assigned to death penalty cases must have appropriate training.
C)The only attorneys allowed to serve on criminal cases must have degrees in criminal law.
D)The U.S. Supreme Court has not clearly defined what "competent" means.

Question 48

Which role played by prosecutors is most responsive to public opinion?

A)Trial counsel for the police
B)House counsel for the police
C)Representative of the court
D)Elected official

Question 49

Which is not true concerning the role of a prosecutor?

A)A prosecutor has considerable discretion in the criminal justice system.
B)A prosecutor is influenced by other actors in the criminal justice system.
C)A prosecutor has independent authority to decide how to handle each case.
D)A prosecutor has limited influence in the early stages of the criminal justice process.

Question 50

_____ is the term for an attorney who is employed on a full-time, salaried basis by the government to represent indigents?

A)P ublic defender
B)A ssigned counsel
C)C ontract counsel
D)L egal aid attorney

Question 51

The person who represents accused and convicted persons in the criminal justice system is called the

A)clerk of courts.
B)state's attorney.
C)defense attorney.
D)judicial attorney.

Question 52

When a defense attorney makes arguments for a client, whom the attorney expects will actually accept a plea bargain rather than face the risk of a jury verdict, this is called

A)agent-mediator.
B)slow plea of guilty.
C)beleaguered dealers.
D)agent guilty.

Question 53

Nolle prosequi refers to the :

A)decision of the prosecutor to drop a case.
B)process of determining probable cause.
C)questioning of a jury in a criminal case.
D)power of the prosecutor to bring charges.

Question 54

The television image of defense attorneys as strong advocates for their clients is based on the ______ model.

A)crime control
B)due process
C)equal protection
D)celebrity

Question 55

Prosecutors are considered to have the central role in the justice process because they

A)issue verdicts that determine defendants' guilt.
B)have exchange relations with many other actors.
C)issue indictments to initiate charges.
D)hire and supervise police chiefs and sheriffs.

Question 56

Which U.S. Supreme Court case involved setting standards for effective assistance of counsel?

A)United States v. Cronic (1984)
B)United States v. Leon (1984)
C)New York v. Quarles (1984)
D)Mapp v. Ohio (1961)

Question 57

The process of a prosecutor sharing information with the defense is called :

A)nolle prosequi.
B)evidence sufficiency .
C)probable cause.
D)discovery.

Question 58

Which is not true about defense attorneys?

A)Defense attorneys often provide psychological support for defendants and their families.
B)Defense attorneys advise defendants of their constitutional rights.
C)Defense attorneys act in accordance with their image on television dramas.
D)Defense attorneys must maintain relationships with prosecutors and judges to be effective.

Question 59

Which is true about public defenders?

A)They represent the state against criminal defendants.
B)They easily gain the trust of their clients.
C)They often face a heavy caseload.
D)Their interests are purely financial.

Question 60

Community prosecution

A)is similar to the crime control model of law enforcement.
B)gives prosecutors responsibility for specific neighborhoods.
C)gives prosecutors limited access to police.
D)is an impersonal method of prosecution compared to current systems.

Question 61

John is a district attorney for a large metropolitan area.  He is facing reelection in approximately 1 year.  During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year.  Apparently, the player found his wife in a comprising position with another player on the team.  John knows that how he prosecutes this media-driven case may determine if he is reelected.
Even though the community is demanding charges and a trial, it will be John's final decision to go to trial or plea bargain the case.  John has a great deal of __________ in making his decision.

A)dilemma
B)authority
C)discretion
D)ability

Question 62

________ defense attorneys now handle up to 85% of the cases in many places.

A)Publicly funded
B)Retained counsel
C)Corporate
D)Federal

Question 63

_______ defendants are those who are too poor to afford their own lawyers.

A)Immigrant
B)Poor
C)Indigent
D)Minority

Question 64

John is a district attorney for a large metropolitan area.  He is facing reelection in approximately 1 year.  During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year.  Apparently, the player found his wife in a comprising position with another player on the team.  John knows that how he prosecutes this media-driven case may determine if he is reelected.
Even though the public is demanding a trial, John makes plans to meet with the defense to see if they are willing to work out an agreement.  John would prefer to _________ the case.

A)charge
B)withdraw
C)drop
D)plea bargain

Question 65

Dianne works for the federal governor as a prosecutor.  She spends much of her time prosecuting drug crimes.  Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system.  Diane works in District 5 in Dallas, Texas. Dianne works as a prosecutor for the federal government.  Dianne's actual title is _______ attorney.

A)state
B)U.S.
C)district
D)county

Question 66

Jacob is an attorney who works in the local public defender's office.  His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate.  Even though he does get stressed, he has never questioned his career choice.
The clients Jacob represents are likely

A)immigrant.
B)indigent.
C)middle class.
D)minority.

Question 67

Which is not one of the US Department of Justice's guidelines to determine whether a case should be dismissed?

A)federal law enforcement priorities.
B)nature and seriousness of the offense .
C)person's history with respect to criminal activity .
D)the reputation of the defense attorney representing the  person in question.

Question 68

Each separate offense of which a person is accused in an indictment or an information is called a

A)rap sheet.
B)bill of attainder.
C)count.
D)discovery.

Question 69

An entry made by a prosecutor on the record of a case and announced in court to indicate that the charges specified will not be prosecuted is referred to as

A)discovery.
B)counts.
C)nolle prosequi .
D)trial.

Question 70

Dianne works for the federal governor as a prosecutor.  She spends much of her time prosecuting drug crimes.  Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system.  Diane works in District 5 in Dallas, Texas. The US Department of Justice has guidelines which Diane that follow to determine whether a case should be dismissed?  Which guideline below would Diane likely use in determining whether to dismiss a felony drug case?

A)federal law enforcement priorities.
B)nature and seriousness of the offense .
C)deterrent effect of prosecution
D)None of the above.

Question 71

Some scholars have called defense attorneys ______ because they often work to prepare the defendant for the likely outcome of the case (usually conviction).

A)case builders
B)agent-mediators
C)arrangement-mediators
D)prison builders

Question 72

John is a district attorney for a large metropolitan area.  He is facing reelection in approximately 1 year.  During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year.  Apparently, the player found his wife in a comprising position with another player on the team.  John knows that how he prosecutes this media-driven case may determine if he is reelected.
John is facing a great deal of pressure to charge the football player to the highest extent of the law.  John knows what he would do if the suspect was an ordinary citizen.  He also knows that his election is coming soon.  The pressure that John is facing is known as the prosecutor's

A)dilemma
B)discretion
C)role
D)factor

Question 73

Jacob is an attorney who works in the local public defender's office.  His caseload is horrendous, and his salary low. Jacob feels that he has been very blessed in his life and wanted a job that would allow him to give back to those less fortunate.  Even though he does get stressed, he has never questioned his career choice.
Jacob is overworked and some cases are given to private lawyers on a ______ basis.

A)quid pro quo
B)loaner
C)contract
D)nonbinding

Question 74

Prosecutors' relationships and interactions with police, victims, defense attorneys, judges, and the community form the core of the _______ relations that shape decision making in criminal cases.

A)exchange
B)casual
C)discretionary
D)decisions-making

Question 75

Dianne works for the federal governor as a prosecutor.  She spends much of her time prosecuting drug crimes.  Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system.  Diane works in District 5 in Dallas, Texas. Dianne works in Dallas, Texas, and she was appointed to District 5.  How many districts are within the United States?

A)88
B)90
C)94
D)96

Question 76

John is a district attorney for a large metropolitan area.  He is facing reelection in approximately 1 year.  During the course of John's day, he receives news that a well-known professional football player has attempted to murder his wife of less than a year.  Apparently, the player found his wife in a comprising position with another player on the team.  John knows that how he prosecutes this media-driven case may determine if he is reelected.
John has to meet the expectations of police, judges, and the community.  This is commonly known as building ________ relationships.

A)exchange
B)interaction
C)community
D)cohesive

Question 77

Dianne works for the federal governor as a prosecutor.  She spends much of her time prosecuting drug crimes.  Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system.  Diane works in District 5 in Dallas, Texas. Most of the defendants are very wealthy from money they gained from the sale of illegal drugs. Which defense attorneys listed below would Diane likely confront in court?

A)Public defender
B)Assigned counsel
C)Contract counsel
D)Private attorney

Question 78

The _________ sufficiency model aims at speedy and early disposition of a case.

A)legal
B)trial
C)system
D)justification

Question 79

Dianne works for the federal governor as a prosecutor.  She spends much of her time prosecuting drug crimes.  Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system.  Diane works in District 5 in Dallas, Texas. Dianne spends a great deal of her time prosecuting drug crimes.  Outside of drug offenses, which type of crime would Dianne prosecute the most?

A)Murder
B)White-collar crime
C)Sexual assault
D)Robbery

Question 80

Dianne works for the federal governor as a prosecutor.  She spends much of her time prosecuting drug crimes.  Dianne was placed into her position approximately 3 years ago and seems constantly in awe of her duties within the criminal justice system.  Diane works in District 5 in Dallas, Texas. Dianne's position is a political appointment.  Who appointed Dianne to her current role?

A)Speaker of the House
B)President
C)Governor
D)Senate Majority Leader