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Page 12
31. In Strickland v. Washington, the Court created a two-prong test to evaluate which aspect of the criminal defendant’s
experience?
a.
the effectiveness of counsel in criminal proceedings
b.
the appropriate construction of a jury at voir dire
c.
the likelihood of prejudice warranting a change of venue
d.
the reasonableness of accommodations in pretrial detention
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 7:14 AM
DATE MODIFIED:
1/6/2017 2:30 AM
32. You not only have the right to counsel, but also the right to:
a.
comparative counsel.
b.
affordable counsel.
c.
effective counsel.
d.
reasonable counsel.
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 7:16 AM
DATE MODIFIED:
1/6/2017 2:30 AM
33. The speedy trial clause prohibits:
a.
b.
c.
d.
ANSWER:
d
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
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Page 13
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 7:19 AM
DATE MODIFIED:
1/6/2017 2:30 AM
34. 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 the sentence.
c.
the court determines the date on which the trial should have commenced, and deducts from the sentence the
period of time between that date and the actual trial start date.
d.
the prosecution must go back to the grand jury stage and start over.
ANSWER:
a
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 7:21 AM
DATE MODIFIED:
1/6/2017 2:30 AM
35. A factor that the court can consider in deciding a motion for a change of venue is:
a.
a trial at a distant location places 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.
ANSWER:
a
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 7:24 AM
DATE MODIFIED:
1/6/2017 2:30 AM
36. According to the prima facie case rule, the judge can bind over a defendant if the prosecution presents evidence that
could, if not rebutted, convict the defendant.
a.
True
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Page 14
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
True / False
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 7:26 AM
DATE MODIFIED:
1/6/2017 2:30 AM
37. The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Probable Cause to Detain Suspects
QUESTION TYPE:
True / False
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 7:29 AM
DATE MODIFIED:
1/6/2017 2:30 AM
38. 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.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Probable Cause to Detain Suspects
QUESTION TYPE:
True / False
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 7:30 AM
DATE MODIFIED:
1/6/2017 2:30 AM
39. Misdemeanor defendants commonly enter a plea at their first appearance.
a.
True
b.
False
ANSWER:
True
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Page 15
POINTS:
1
REFERENCES:
The First Appearance
QUESTION TYPE:
True / False
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 7:32 AM
DATE MODIFIED:
1/6/2017 2:30 AM
40. The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
True / False
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 7:34 AM
DATE MODIFIED:
1/6/2017 2:30 AM
41. Criminal defendants have an absolute right to bail that is guaranteed by the United States Constitution.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
True / False
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 7:36 AM
DATE MODIFIED:
1/6/2017 2:30 AM
42. Due process of law requires not just counsel, but effective counsel.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
The Right to Counsel
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Page 16
QUESTION TYPE:
True / False
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 7:38 AM
DATE MODIFIED:
1/6/2017 2:30 AM
43. The current test used to evaluate the effectiveness of counsel only requires a defendant to show that the attorney’s
performance was not reasonably competent.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
True / False
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 7:42 AM
DATE MODIFIED:
1/6/2017 2:30 AM
44. Preliminary hearings are adversarial proceedings.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
True / False
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 7:46 AM
DATE MODIFIED:
1/6/2017 2:30 AM
45. Most recent legal commentary supports the grand jury process.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
True / False
HAS VARIABLES:
False
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Page 17
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 7:48 AM
DATE MODIFIED:
1/6/2017 2:30 AM
46. Defendants may only plead nolo contendere with the permission of the court.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Arraignment
QUESTION TYPE:
True / False
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 7:51 AM
DATE MODIFIED:
1/6/2017 2:30 AM
47. The actual prejudice test deals with the effects of harmful publicity.
a.
True
b.
False
ANSWER:
True
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
True / False
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 11:12 PM
DATE MODIFIED:
1/6/2017 2:30 AM
48. 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.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
True / False
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.06 – Understand and appreciate the importance of pretrial motions and
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Page 18
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 11:14 PM
DATE MODIFIED:
1/6/2017 2:30 AM
49. Both the state and the defense may move for a change of venue.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
True / False
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 11:16 PM
DATE MODIFIED:
1/6/2017 2:30 AM
50. All dismissals because of speedy trial violations are with prejudice.
a.
True
b.
False
ANSWER:
False
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
True / False
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 11:17 PM
DATE MODIFIED:
1/6/2017 2:30 AM
51. The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to
the charges is called the _______________.
ANSWER:
arraignment
POINTS:
1
REFERENCES:
Arraignment
QUESTION TYPE:
Completion
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.02 – Understand the objective basis requirements to detain a suspect and
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Page 19
to go to trial. Know the difference between criminal complaints, first appearances, and
arraignments.
KEYWORDS:
BLOOM’S: Remember
DATE CREATED:
1/5/2017 11:19 PM
DATE MODIFIED:
1/6/2017 2:30 AM
52. A decision by a prosecutor not to bring charges for a crime if the suspect performs community service instead is called
_______________.
ANSWER:
diversion
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Completion
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 11:21 PM
DATE MODIFIED:
1/6/2017 2:30 AM
53. The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as
_______________.
ANSWER:
recognizance
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Completion
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 11:23 PM
DATE MODIFIED:
1/6/2017 2:30 AM
54. The pretrial detention of dangerous suspects who pose a threat to community safety is called _______________
_______________.
ANSWER:
preventive detention
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Completion
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 11:26 PM
DATE MODIFIED:
1/6/2017 2:30 AM
55. A lawyer who gets paid by the client is called _______________ counsel.
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Page 20
ANSWER:
retained
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Completion
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 11:28 PM
DATE MODIFIED:
1/6/2017 2:30 AM
56. Prosecutors’ discretionary power to charge is practically _______________.
ANSWER:
unlimited
POINTS:
1
REFERENCES:
The Decision to Charge
QUESTION TYPE:
Completion
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 11:30 PM
DATE MODIFIED:
1/6/2017 2:30 AM
57. Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of
double jeopardy, according to the _______________ _______________ doctrine.
ANSWER:
dual sovereignty
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
Completion
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 11:32 PM
DATE MODIFIED:
1/6/2017 2:30 AM
58. The formal name for the place where a trial is held is the _______________.
ANSWER:
venue
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
Completion
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 11:35 PM
DATE MODIFIED:
1/6/2017 2:30 AM
59. A jury that cannot reach a verdict after lengthy deliberations is a(n) _______________ jury.
ANSWER:
hung
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
Completion
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 11:37 PM
DATE MODIFIED:
1/6/2017 2:30 AM
60. The Constitution ensures that a change of venue occurs only at the defendant’s request and only where great
_______________ would otherwise exist.
ANSWER:
prejudice
POINTS:
1
REFERENCES:
Pretrial Motions
QUESTION TYPE:
Completion
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 11:39 PM
DATE MODIFIED:
1/6/2017 2:30 AM
61. Identify and describe the types of pretrial motions. What is the purpose of having pretrial motions?
ANSWER:
Pretrial motions ask courts to decide questions that don’t require a trial. Pretrial motions
include issues related to double jeopardy, a speedy trial, and a change of venue. The Fifth
Amendment protection against double jeopardy ensures the prosecution has “one fair shot” at
convicting a defendant. The Constitution guarantees a speedy trial, so prosecution must begin
promptly. The Constitution ensures that a change of venue occurs only at the defendant’s
request and only where great prejudice would otherwise exist.
POINTS:
1
REFERENCES:
Probable Cause to Detain Suspects
QUESTION TYPE:
Essay
HAS VARIABLES:
False
LEARNING OBJECTIVES:
CRPR.SAMA.18.12.02 – Understand the objective basis requirements to detain a suspect and
arraignments.
KEYWORDS:
BLOOM’S: Understand
DATE CREATED:
1/5/2017 11:41 PM
DATE MODIFIED:
1/6/2017 2:30 AM
62. Explain the difference between probable cause to detain a suspect and probable cause to go to trial.
ANSWER:
Probable cause to detain a suspect is decided at a court proceeding, called the first
appearance, where a judicial officer decides whether there is sufficient evidence to hold a
person in custody for further proceedings.
Probable cause to go to trial is decided in a preliminary hearing or a grand jury proceeding,
which determines whether there is sufficient evidence to bind over the defendant for serious
charges.
POINTS:
1
REFERENCES:
Probable Cause to Detain Suspects
QUESTION TYPE:
Essay
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: Understand
DATE CREATED:
1/5/2017 11:52 PM
DATE MODIFIED:
1/6/2017 2:30 AM
63. Explain the constitutional right to bail. Identify three constitutional rights that the bail system denies to poor
defendants, and explain how each is denied.
ANSWER:
There is no absolute constitutional right to bail, only a right against excessive bail. SCOTUS
has ruled that amounts more than necessary to ensure defendants come to court for their trials
are considered excessive. Thus judges and magistrates try to calculate the amount of money it
would take to guarantee that defendants will appear for their trials.
The bail system denies poor defendants due process of law, equal protection of the law, and
the right against excessive bail. Due process of law is denied to poor defendants, because
they can’t help with their own defense while they are locked up. Equal protection of the law
is denied to poor defendants, because they are jailed as a result of being poor. Finally, the
right against excessive bail is denied to poor defendants, because they can’t raise any amount
that might be required.
POINTS:
1
REFERENCES:
Bail and Pretrial Detention
QUESTION TYPE:
Essay
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: Understand
DATE CREATED:
1/5/2017 11:55 PM
DATE MODIFIED:
1/6/2017 2:30 AM
ANSWER:
In Strickland v. Washington, SCOTUS adopted a two-prong test to decide whether counsel
has provided effective assistance in a criminal case. Under the first prong, called the
reasonableness prong, the defendant has to prove that the lawyer’s performance wasn’t
reasonably competent—the lawyer was so deficient that he or she “was not functioning as the
‘counsel’ guaranteed the defendant by the Sixth Amendment.” This is judged by looking at
the totality of facts and circumstances surrounding the trial and the lawyer’s performance.
If the defendant first proves that a lawyer’s performance was unreasonable, the defendant
must still meet a second prong, called the prejudice prong. Under this part of the test, the
defendant has to prove that the lawyer’s incompetence was probably responsible for the
defendant’s conviction.
POINTS:
1
REFERENCES:
The Right to Counsel
QUESTION TYPE:
Essay
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 11:57 PM
DATE MODIFIED:
1/6/2017 2:30 AM
65. List and describe the differences between testing the government’s case by preliminary hearing and testing it by grand
jury review.
ANSWER:
The goal of both a preliminary hearing and a grand jury review is to decide whether there is
enough evidence to bring a defendant to trial. The preliminary hearing process stresses
adversarial, open, accusatory values and control by experts. The grand jury review
underscores the value of lay participation in criminal proceedings.
Preliminary hearings are public; grand jury proceedings are secret. Preliminary hearings are
adversarial proceedings in which the defense can challenge the prosecution’s case; grand
juries hear only the prosecution’s case. Judges preside over preliminary hearings; prosecutors
manage grand juries. In preliminary hearings, judges determine whether there is enough
evidence to proceed to trial; grand jury reviews rely on grand jurors (citizens selected to
serve a term) to decide whether there is enough evidence to go to trial. Finally, defendants
and their lawyers attend preliminary hearings; in grand jury reviews, defendants and their
lawyers are not present.
POINTS:
1
REFERENCES:
Testing the Government’s Case
QUESTION TYPE:
Essay
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:
1/6/2017 12:00 AM
DATE MODIFIED:
1/6/2017 2:30 AM