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1. What is the most common method of selection for the job of county prosecutor?
a. merit selection
b. appointed
c. elected
d. volunteer
2. Which of the following is NOT a name given to a prosecuting attorney?
a. district attorney
b. state's attorney
c. commonwealth attorney
d. county attorney
3. Which of the following is a factor that increases the power of the prosecutor?
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
4. 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
5. 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/she represents the state
d. when prosecutors view themselves as an instrument of law enforcement
6. Which of the following best describes the discretion given to a prosecutor?
a. limited discretion
b. variant discretion
c. broad discretion
d. relative discretion
7. Which of the following 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. all of the above
8. 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
9. The process of a prosecutor sharing information with the defense is called
a. nolle prosequi
b. legal sufficiency
c. probable cause
d. discovery
10. A nolle prosequi is
a. the decision of the prosecutor to drop a case
b. the process of determining probable cause
c. the questioning of a jury in a criminal case
d. the power of the prosecutor to bring charges
11. Which of the following 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
12. Prosecutors are considered to have the central role in the justice process because
a. they issue verdicts that determine defendants' guilt
b. they have exchange relations with many other actors
c. they issue indictments to initiate charges
d. they hire and supervise police chiefs and sheriffs
13. 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
14. When prosecutors are merely asking whether there is enough evidence to serve as a basis for prosecution, they are
operating according to the
a. system efficiency model
b. legal sufficiency model
c. trial sufficiency model
d. trial efficiency model
15. 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
a. system efficiency model
b. legal sufficiency model
c. trial sufficiency model
d. legal efficiency model
16. 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
17. Which of the following is NOT true about defense attorneys?
a. defense attorneys are 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
18. The television image of defense attorneys as strong advocates for their clients is based on the
a. crime control model
b. due process model
c. equal protection model
d. celebrity model
19. Which of the following is true concerning public attitudes about admitting a voluntary admission when received
beforethesuspect’sretainedlawyerwaspresent?
a. a majority of the public supports the admitting of the evidence
b. a majority of the public opposes the admitting of evidence
c. The public unanimously opposes the admitting of evidence
d. none of the above apply
20. 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
21. Which of the following roles 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
22. 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 may believe she played a role in her victimization
c. prosecutors may not believe the victim is deserving of their attention
d. all of the above
23. 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
24. Which of the following statements is TRUE about attorney competence?
a. the 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. theSupremeCourthasnotclearlydefinedwhat“competent”means
25. Which of the following is where an attorney is employed on a full-time, salaried basis by the government to
represent indigents?
a. public defenders
b. assigned counsel
c. contract counsel
d. legal aid attorneys
26. Which of the following 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
27. What United States 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)
28. 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 which role?
a. agent-mediator
b. slow plea of guilty
c. beleaguered dealers
d. beleaguered guilty
29. Officials responsible for prosecuting crimes against the federal government are called ____________________.
30. The chief legal officer of the state is the ____________________.
31. A prosecutor who believes his or her main function is to give legal advice so arrests will stand up in court has taken
on the role of ____________________ for the police.
32. Each separate offense of which a person is charged is called a (n) ____________________.
33. Information is made available by prosecutors to defense attorneys during the ____________________ process.
34. Prosecutors wishing to maintain a high ____________________ rate will drop cases with weak evidence.
35. The ____________________ model seeks to determine whether there is enough evidence to serve as a basis for
prosecution.
36. The series of events from the arrest of a suspect to the filing of a formal charge is called the
____________________ process.
37. The legal attorney who represents the accused is called a ____________________.
38. _________ evidence is not available to prove innocence in most cases.
39. ____________________ defendants cannot afford to hire a private attorney.
40. An attorney employed on a full-time basis by the government to represent the poor is called a
____________________.
41. When a private attorney is chosen by a court to represent an indigent, this is referred to as
____________________.
42. A private attorney who contracts with the government to represent all indigents is called
____________________.
43. The development of ____________________ testing has freed many innocent people who were wrongly
incarcerated.
44. In most states, no higher authority can second guess or change the decision of a prosecutor.
a. True
b. False
45. Prosecutors are not influenced by the political system.
a. True
b. False
46. Prosecutors have great influence at virtually every stage of the criminal justice process.
a. True
b. False
47. The state's governor appoints most local prosecutors.
a. True
b. False
48. 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.
a. True
b. False
49. Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict
innocent people.
a. True
b. False
50. 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 actually innocent.
a. True
b. False
51. Close cooperation between prosecutors and police is automatic in every case because of their similar views of
crime and the fact that they work for the same sponsoring organization.
a. True
b. False
52. Some communities may prefer that crimes such as, prostitution or gambling, are not important for the prosecutor to
enforce.
a. True
b. False
53. The job of the defense attorney is accurately depicted in most legally themed television shows.
a. True
b. False
54. Because trials are so infrequent, defense attorneys' working lives tend to be quite different than the lives of
attorneys as portrayed on television.
a. True
b. False
55. 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.
a. True
b. False
