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True / False
1. In most states, no higher authority can second guess or change the decision of a prosecutor.
a.
True
b.
False
2. Prosecutors are not influenced by the political system.
a.
True
b.
False
3. Prosecutors have great influence at virtually every stage of the criminal justice process.
a.
True
b.
False
4. The state’s governor appoints most local prosecutors.
a.
True
b.
False
5. 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
6. Prosecutors are careful not to make mistakes because they face severe punishment from the state if they convict
innocent people.
a.
True
b.
False
7. 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.
a.
True
b.
False
8. 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.
a.
True
b.
False
9. Some communities may prefer that prosecutors not pursue punishment for crimes such as prostitution or gambling.
a.
True
b.
False
10. The job of the defense attorney is accurately depicted in most legally themed television shows.
a.
True
b.
False
11. 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
12. 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
13. Defense attorneys should never offer psychological support to their clients.
a.
True
b.
False
14. The largest group of attorneys in full-time criminal practice makes small fees for cases either as retained or assigned
counsel.
a.
True
b.
False
15. 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.
a.
True
b.
False
16. 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.
a.
True
b.
False
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.
a.
True
b.
False
18. The majority of convicted offenders serving time in state prisons were indigent defendants who received publicly
provided defense attorneys.
a.
True
b.
False
19. Assigned counsel are attorneys employed full time by the government to provide defense services to those offenders
who cannot afford their own attorneys.
a.
True
b.
False
20. Most states use the “contract counsel” method of providing attorneys for those who cannot afford their own attorneys.
a.
True
b.
False
21. 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.
a.
True
b.
False
22. Public defenders often have trouble gaining the trust and cooperation of their clients because their clients know that
they are paid by the state.
a.
True
b.
False
23. Findings from research have indicated there is little difference between the outcomes of private attorneys, public
defenders, contract counsel, and assigned counsel.
a.
True
b.
False
24. The U.S. Supreme Court has clearly defined the term “ineffective counsel.”
a.
True
b.
False
25. Most cases are handled by criminal lawyers who must quickly process a large volume of cases for small fees.
a.
True
b.
False
26. The prosecutor represents the accused or convicted offenders in their dealings with criminal justice officials.
a.
True
b.
False
27. A state’s chief legal officer, usually responsible for both civil and criminal matter is the state attorney general.
a.
True
b.
False
28. Criminal sufficiency refers to the presence of the minimum legal elements necessary for prosecution of a case.
a.
True
b.
False
29. During the accusatory process, the suspect is arrested, booked, and indictment is granted.
a.
True
b.
False
30. 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.
a.
True
b.
False
31. 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.
a.
True
b.
False
32. Trial sufficiency is the policy of the prosecutor’s office that encourages speedy and early disposition of cases in
response to caseload pressures.
a.
True
b.
False
33. System efficiency refers to the presence of sufficient legal elements to ensure successful prosecution of a case.
a.
True
b.
False
Multiple Choice
34. What is the most common method of selection for the job of county prosecutor?
a.
Merit selection
b.
Appointment
c.
Election
d.
Volunteer
35. 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
36. 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.
37. 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.
38. 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
39. Which best describes the discretion given to a prosecutor?
a.
Limited discretion
b.
Variant discretion
c.
Broad discretion
d.
Relative discretion
40. 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
41. 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.
42. The process of a prosecutor sharing information with the defense is called:
a.
nolle prosequi.
b.
evidence sufficiency.
c.
probable cause.
d.
discovery.
43. 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.
44. 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.
45. 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.
46. 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.
47. 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
48. 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
49. 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.
50. 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.
51. 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
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.
53. 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
54. 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.
55. 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.
56. 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.
57. _____ is the term for an attorney who is employed on a full-time, salaried basis by the government to represent
indigents?
a.
Public defender
b.
Assigned counsel
c.
Contract counsel
d.
Legal aid attorney
58. 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.
59. 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)
60. 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
61. 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
