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Page 1
1. In what cases do prosecutors agree to drop the charges before formal judicial proceedings begin, on the condition that
suspects participate in and complete a program?
a.
diversion cases
b.
validated cases
c.
discretion-laden cases
d.
selective cases
ANSWER:
a
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.01 – Understand the prosecutor’s decision to charge and their dual role
in criminal procedure.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:00 AM
DATE MODIFIED:
1/6/2017 2:30 AM
2. What makes selective prosecution a necessity?
a.
prosecutorial discretion
b.
a lack of judges
c.
limited resources
d.
a grand jury
ANSWER:
c
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.01 – Understand the prosecutor’s decision to charge and their dual role
in criminal procedure.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:06 AM
DATE MODIFIED:
1/6/2017 2:30 AM
3. Pretrial motions ask courts to decide questions that don’t require:
a.
b.
c.
d.
ANSWER:
c
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.06 – Understand and appreciate the importance of pretrial motions and
why counsel devote so much time to preparing them. Pretrial motions may include arguments
to prove double jeopardy and requests for a speedy trial, a change of venue, and the
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Page 2
suppression of evidence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:11 AM
DATE MODIFIED:
1/6/2017 2:30 AM
4. What percentage of cases are dropped because of the exclusionary rule?
a.
less than 2 percent
b.
about 5 percent
c.
about 10 percent
d.
about 15 percent
ANSWER:
a
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.01 – Understand the prosecutor’s decision to charge and their dual role
in criminal procedure.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:15 AM
DATE MODIFIED:
1/6/2017 2:30 AM
5. The adversarial proceeding that tests the government’s case is called a:
a.
class action.
b.
criminal complaint.
c.
grand jury review.
d.
preliminary hearing.
ANSWER:
d
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.05 – Understand preliminary hearings and grand jury reviews and how
they differ from trials.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:19 AM
DATE MODIFIED:
1/6/2017 2:30 AM
6. What is the term used to describe lawyers willing to represent their clients at no charge?
a.
counsel pro bono
b.
appointed counsel
c.
indigent counsel
d.
retained counsel
ANSWER:
a
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
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Page 3
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:28 AM
DATE MODIFIED:
1/6/2017 2:30 AM
7. The case County of Riverside v. McLaughlin dealt with which of the following?
a.
the bind–over standard
b.
the directed verdict rule
c.
detention prior to proof of probable cause
d.
release on recognizance
ANSWER:
c
POINTS:
1
REFERENCES:
Probable Cause to Detain Suspects
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.02 – Understand the objective basis requirements to detain a suspect and
to go to trial. Know the difference between criminal complaints, first appearances, and
arraignments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:39 AM
DATE MODIFIED:
1/6/2017 2:30 AM
8. The criminal complaint formally charges the defendant and authorizes the magistrate to:
a.
begin the criminal proceedings.
b.
conduct the first appearance.
c.
determine bail.
d.
begin the preliminary hearing.
ANSWER:
b
POINTS:
1
REFERENCES:
Probable Cause to Detain Suspects
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.02 – Understand the objective basis requirements to detain a suspect and
to go to trial. Know the difference between criminal complaints, first appearances, and
arraignments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:48 AM
DATE MODIFIED:
1/6/2017 2:30 AM
9. During which of the following stages of the criminal process does an individual not have the right to counsel?
a.
custodial interrogation
b.
search following arrest
c.
pretrial hearings
d.
arraignment
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ANSWER:
b
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:52 AM
DATE MODIFIED:
1/6/2017 2:30 AM
10. Diversion involves which of the following activities?
a.
Diverting suspects into treatment programming as a measure to avoid trials, which might involve the
conditional dropping of charges.
b.
Assigning 24-hour oversight of offenders with a history of two or more offenses because of jail overcrowding.
c.
Ensuring that parolees are able to divert funds into savings accounts for paying fines.
d.
Sending the convicted offenders to jail by first diverting them to work programs.
ANSWER:
a
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.01 – Understand the prosecutor’s decision to charge and their dual role
in criminal procedure.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:55 AM
DATE MODIFIED:
1/6/2017 2:30 AM
11. What term refers to prosecutorial discretion in determining which cases are actively pursued, in light of resource
availability and priority of case outcomes?
a.
situational prosecution
b.
indeterminate prosecution
c.
selective prosecution
d.
flexible prosecution
ANSWER:
c
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.01 – Understand the prosecutor’s decision to charge and their dual role
in criminal procedure.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 5:58 AM
DATE MODIFIED:
1/6/2017 2:30 AM
12. According to the SCOTUS opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:
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Page 5
a.
due process entitles all persons not convicted of crimes to a single cell.
b.
strip searches violate the constitutional rights of persons not yet convicted of crimes.
c.
double bunking amounts to unconstitutional punishment.
d.
prison administrators should be accorded wide ranging deference in the adoption of jail policies.
ANSWER:
d
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:03 AM
DATE MODIFIED:
1/6/2017 2:30 AM
13. 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 the trial begins, all defendants must
receive lawyers, even if they cannot afford them.
d.
only felony defendants are entitled to lawyers at government expense.
ANSWER:
b
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:07 AM
DATE MODIFIED:
1/6/2017 2:30 AM
14. Trials without juries, in which judges decide the facts, are called:
a.
non-trials.
b.
bench trials.
c.
jury-free trials.
d.
prosecutor trials.
ANSWER:
b
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
Copyright Cengage Learning. Powered by Cognero.
Page 6
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:10 AM
DATE MODIFIED:
1/6/2017 2:30 AM
15. The right to counsel attaches:
a.
when the government files formal charges against the defendant.
b.
as soon as the police investigation focuses on a particular suspect.
c.
only at the trial.
d.
only after arraignment.
ANSWER:
a
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:14 AM
DATE MODIFIED:
1/6/2017 2:30 AM
16. Some defendants who are charged with petty offenses are released with a written promise to appear in court, which the
defendant signs without admitting guilt. This is referred to as:
a.
waiver of bail release.
b.
released on recognizance (ROR).
c.
conditional ticket release.
d.
unsecured bond release.
ANSWER:
b
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:17 AM
DATE MODIFIED:
1/6/2017 2:30 AM
17. What is a written formal charge by prosecutors without a grand jury indictment?
a.
a true bill
b.
a criminal information
c.
a directed verdict
d.
a criminal complaint
ANSWER:
b
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Page 7
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.05 – Understand preliminary hearings and grand jury reviews and how
they differ from trials.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:20 AM
DATE MODIFIED:
1/6/2017 2:30 AM
18. Under privately administered bail bonds, bail bondsmen or bondswomen usually charge what percentage of the
amount of the bond that they turn over to the courts?
a.
10 percent
b.
20 percent
c.
30 percent
d.
40 percent
ANSWER:
a
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:23 AM
DATE MODIFIED:
1/6/2017 2:30 AM
19. All of the following are concerns regarding the amount of bail, except:
a.
the age of the defendant.
b.
the seriousness of the charge.
c.
the defendant’s criminal history.
d.
the amount of evidence against the defendant.
ANSWER:
a
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:26 AM
DATE MODIFIED:
1/6/2017 2:30 AM
20. A grand jury is composed of a group of:
a.
defense attorneys.
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Page 8
b.
private citizens.
c.
trial judges.
d.
police officers.
ANSWER:
b
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.05 – Understand preliminary hearings and grand jury reviews and how
they differ from trials.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:30 AM
DATE MODIFIED:
1/6/2017 2:30 AM
21. Two procedures test the government’s case against defendants prior to trial:
a.
the first appearance and the arrest warrant.
b.
the arrest warrant and the preliminary hearing.
c.
the grand jury review and the preliminary hearing.
d.
the grand jury review and the arrest warrant.
ANSWER:
c
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.05 – Understand preliminary hearings and grand jury reviews and how
they differ from trials.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:33 AM
DATE MODIFIED:
1/6/2017 2:30 AM
22. The process for allowing judges to deny bail to dangerous defendants is referred to as:
a.
selective enforcement.
b.
selective incapacitation.
c.
judicial prerogative.
d.
preventive detention.
ANSWER:
d
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:37 AM
DATE MODIFIED:
1/6/2017 2:30 AM
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Page 9
23. After grand jurors are sworn in, they are charged by the:
a.
prosecutor.
b.
judge.
c.
clerk of court.
d.
foreman.
ANSWER:
b
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.05 – Understand preliminary hearings and grand jury reviews and how
they differ from trials.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:40 AM
DATE MODIFIED:
1/6/2017 2:30 AM
24. If defendants are indicted or bound over, what is the next step in the criminal process?
a.
pretrial motions
b.
diversion
c.
imprisonment
d.
arraignment
ANSWER:
d
POINTS:
1
REFERENCES:
Arraignment
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.02 – Understand the objective basis requirements to detain a suspect and
to go to trial. Know the difference between criminal complaints, first appearances, and
arraignments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:45 AM
DATE MODIFIED:
1/6/2017 2:30 AM
25. The test for allowing a defendant to be jailed prior to trial is based on:
a.
clear and convincing evidence that the defendant either won’t appear or is a threat to public safety.
b.
whether the victim has received death threats.
c.
whether the offense is a misdemeanor.
d.
prior criminal history only.
ANSWER:
a
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
Copyright Cengage Learning. Powered by Cognero.
Page 10
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 6:55 AM
DATE MODIFIED:
1/6/2017 2:30 AM
26. What right-to–counsel standard holds that only lawyers whose behavior is so shocking that it turns the trial into a joke
are constitutionally ineffective?
a.
the authorized-imprisonment standard
b.
the bind-over standard
c.
the reasonably-competent-attorney standard
d.
the mockery-of-justice standard
ANSWER:
d
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:01 AM
DATE MODIFIED:
1/6/2017 2:30 AM
27. Which case addressed the issue of whether pretrial conditions before convictions constitute punishment?
a.
Bell v. Wolfish
b.
U.S. v. Leon
c.
Terry v. Ohio
d.
Mapp v. Ohio
ANSWER:
a
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:03 AM
DATE MODIFIED:
1/6/2017 2:30 AM
28. A judge can order prevention detention after deciding that the defendant either won’t appear or is a threat to public
safety. What level of proof is required in this situation?
a.
probable cause
b.
clear and convincing evidence
c.
proof beyond a reasonable doubt
d.
preponderance of the evidence
ANSWER:
b
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Page 11
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.03 – Know the various forms of pretrial release. Appreciate the need to
balance the right of defendants to be free until proven guilty against keeping the community
safe and bringing criminals to justice.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:05 AM
DATE MODIFIED:
1/6/2017 2:30 AM
29. Which case allowed the right to counsel for “indigents” for felonies?
a.
Bell v. Wolfish
b.
Mapp v. Ohio
c.
Gideon v. Wainwright
d.
Terry v. Ohio
ANSWER:
c
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.04 – Know the types of defense counsel; understand the scope and limits
of the right to counsel; and appreciate the differences between the rights of those who can
afford lawyers and those who can’t.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:08 AM
DATE MODIFIED:
1/6/2017 2:30 AM
30. According to the dual sovereignty doctrine:
a.
prosecuting and punishing a defendant for the same act in separate jurisdictions violates the double jeopardy
clause.
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.
ANSWER:
c
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
Multiple Choice
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.06 – Understand and appreciate the importance of pretrial motions and
why counsel devote so much time to preparing them. Pretrial motions may include arguments
to prove double jeopardy and requests for a speedy trial, a change of venue, and the
suppression of evidence.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 7:11 AM
DATE MODIFIED:
1/6/2017 2:30 AM