c.
discretionary
d.
decisions-making
a
The Prosecutorial System
62. The _________ sufficiency model aims at speedy and early disposition of a case.
a.
legal
b.
trial
c.
system
d.
justification
c
The Prosecutorial System
63. 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.
b.
c.
d.
c
The Prosecutorial System
64. ________ defense attorneys now handle up to 85% of the cases in many places.
a.
Publicly funded
b.
Retained counsel
c.
Corporate
d.
Federal
a
The Defense Attorney: Image and Reality
65. 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
The Defense Attorney: Image and Reality
66. _______ defendants are those who are too poor to afford their own lawyers.
a.
Immigrant
b.
Poor
c.
Indigent
d.
Minority
c
The Defense Attorney: Image and Reality
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.
67. Dianne works as a prosecutor for the federal government. Dianne’s actual title is _______ attorney.
a.
state
b.
U.S.
c.
district
d.
county
The Prosecutorial System
ASCJ.COLE.17.10.01 – Describe the roles of the prosecuting attorney
68. 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
The Prosecutorial System
ASCJ.COLE.17.10.01 – Describe the roles of the prosecuting attorney
69. 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
c
The Prosecutorial System
ASCJ.COLE.17.10.01 – Describe the roles of the prosecuting attorney
70. 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
The Prosecutorial System
ASCJ.COLE.17.10.01 – Describe the roles of the prosecuting attorney
71. 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
The Defense Attorney: Image and Reality
72. 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.
The Prosecutorial System
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.
73. 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
a
The Prosecutorial System
74. 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
The Prosecutorial System
75. 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
a
The Prosecutorial System
76. 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
c
The Prosecutorial System
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.
77. The clients Jacob represents are likely
a.
immigrant.
b.
indigent.
c.
middle class.
d.
minority.
The Defense Attorney: Image and Reality
78. Jacob is overworked and some cases are given to private lawyers on a ______ basis.
a.
quid pro quo
b.
loaner
c.
contract
d.
nonbinding
c
The Defense Attorney: Image and Reality
79. 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.
The Prosecutorial System
80. 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.
c
The Prosecutorial System
interacts during the decision-making process
81. Defense attorneys are frequently referred to as _______ because of their role of managing large caseloads in difficult
environments and preparing their clients for conviction.
a.
control agents
b.
agent-mediators
c.
agent provocateurs
d.
counselors
The Defense Attorney: Image and Reality
82. Which of the defense attorneys would receive their pay from the government?
a.
Public defender
b.
Assigned counsel
c.
Contract counsel
d.
Pro bono representation
The Defense Attorney: Image and Reality
83. In which case did the Supreme Court determine the requirements which must be met if defendants are to receive
effective counsel?
a.
Miranda v. Arizona
b.
Strickland v. Washington
c.
Gideon v. Wainwright
d.
Mapp v. Ohio
The Defense Attorney: Image and Reality
Completion
84. Officials responsible for prosecuting crimes against the federal government are called ____________________.
The Prosecutorial System
LEARNING OBJECTIVES:
ASCJ.COLE.17.10.01 – Describe the roles of the prosecuting attorney
85. The chief legal officer of the state is the _______.
attorney general
The Prosecutorial System
86. 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.
87. Each separate offense for which a person is charged is called a (n) _______.
88. Information is made available by prosecutors to defense attorneys during the _______ process.
89. Prosecutors wishing to maintain a high ________ rate will drop cases with weak evidence.
90. The ________ model seeks to determine whether there is enough evidence to serve as a basis for prosecution.
91. The series of events from the arrest of a suspect to the filing of a formal charge is called the _______ process.
92. The legal attorney who represents the accused is called a(n) _________.
93. The _______ attorney frequently consoles the defendant’s family and provides answers to questions about what comes
next.
94. Though the findings used with this are conclusive over 99% of the time, _________ evidence is not available to prove
innocence in most cases.
95. _______ defendants cannot afford to hire a private attorney.
96. An attorney employed on a full-time basis by the government to represent the poor is called a(n) _______.
97. When a private attorney is chosen by a court to represent an indigent, this is referred to as ________.
98. A private attorney who contracts with the government to represent all indigents is called _________.
99. The development of ________ testing has freed many innocent people who were wrongly incarcerated.
100. The __________ is the state’s chief legal officer, usually responsible for both civil and criminal matters.
101. ________ are the officials responsible for the prosecution of crimes that violate the laws of the United States; they
are appointed by the president and assigned to a U.S. district court jurisdiction.
102. __________ represents an initiative to reduce crime and increase the effectiveness of the criminal justice system by
bringing prosecutors into closer contact with citizens.
103. In the _________ model, a case is accepted and charges are made only when there is enough evidence to ensure
conviction. For each case the prosecutor asks, “Will this case result in a conviction?”
104. The right to counsel is of little value when the counsel is neither competent nor ________.
105. In ___________ the U.S. Supreme Court rejected the defendant’s claim that his attorney did not adequately prepare
for the sentencing hearing in a death penalty case
Bloom’s: Remember
106. A ________ is an attorney employed on a full-time, salaried basis by the government to represent indigents.
Bloom’s: Remember
107. In _________ the Supreme Court determined what requirements must be met if defendants are to receive effective
counsel.
Bloom’s: Remember
108. Would you agree or disagree with the statement that prosecutors have more power than judges in the courtroom?
Defend your position.
Bloom’s: Understand
109. Discuss the key relationships of the prosecutor with others in the criminal justice system.
Bloom’s: Understand
110. What method would you suggest for providing effective counsel to indigent defendants? Defend your position.
Bloom’s: Understand
111. Defense attorneys frequently work with prosecutors to process cases, which is inconsistent with the idea of an
“adversarial” court system. In your opinion, does this help or harm criminal defendants?
112. What impact do budget cuts have for both prosecutors’ and public defenders? How does this affect your view of how
justice is served?
113. What role does the advent of scientific technologies, such as DNA evidence, play in the prosecutor’s decision to take
a case to trial or to plea bargain? Have these technologies changed the way our adversarial system works? If so, is it
more, or less, effective?
114. It is an established fact that those who work within the public defender’s office have an extensive caseload and low
salary. What would draw an attorney to work in such circumstances? How do these characteristics impact attorney
competence?
115. Explain the elements of inadequate counsel. Who determines what makes an attorney competent?
116. Explain the advantages and disadvantages of community prosecution. Do you believe the general public be in
support of this style of justice in their neighborhoods? Defend your position.
117. Describe the roles of the prosecuting attorney.
118. Discuss the day-to-day reality of criminal defense work in the United States.