Unlock document.
This document is partially blurred.
Unlock all pages and 1 million more documents.
Get Access
103
Chapter 6
PROSECUTORS
TEST BANK
MULTIPLE CHOICE
1. The office of the prosecutor is in which branch of government?
a.
Executive
c.
judicial
b.
Legislative
d.
administrative
2. Prosecutor’s spend most of their time working with members of what group?
a.
the community prosecution work group
b.
the prosecutors work group
c.
the courtroom work group
d.
the President’s prosecutors work group
3. Of the following, who is the only official who works closely with police officers?
a.
Prosecutor
c.
Judge
b.
defense attorney
d.
victim advocate
4. Which of the following decisions is the exclusive domain of the prosecutor?
a.
Bail
c.
arraignment
b.
Charging
d.
sentencing
5. The role of the prosecutor involves two major characteristics: decentralization and what
else?
a.
deference
b.
commitment
c.
broad discretion
d.
willingness to compromise
6. Complete freedom from civil liability is known as…
a.
qualified immunity
c.
immunity
104
b.
partial immunity
d.
absolute immunity
7. Which of the following is billed as the world’s largest law firm?
a.
Federal Bureau of Investigation
c.
U.S. State Department
b.
U.S. Department of Justice
d.
U.S. Attorney’s Office
8. The FBI, DEA, U.S. Marshals Service, and the Federal Bureau of Prisons are all part of
which entity?
a.
Department of Justice
c.
The Federal Judiciary
b.
The U.S. Attorney General
d.
Homeland Security
9. All federal agencies must receive permission from who to appeal an adverse lower court
decision to the U.S. Supreme Court?
a.
the U.S. Solicitor General
c.
a U.S. Attorney
b.
the U.S. Attorney General
d.
the Senate Judiciary Committee
10. The Solicitor General’s Office generally requests Supreme Court review only in cases
with a high degree of significance and
a.
in which the government is a party.
b.
in which the government has a reasonable legal argument.
c.
in which a violation of the U.S. Constitution is believed to have occurred.
d.
in which a federal employee is involved.
11. What framework maintains that sentencing decisions are by blameworthiness, protection
of the community, and the practical constraints and consequences of the sentencing decisions?
a.
focal concerns theory
b.
qualified sentencing
c.
absolute sentencing theory
d.
prosecutorial sentencing theory
12. Which of the following is the exclusive domain of the prosecutor?
a.
charging
b.
arraignment
c.
arrest
d.
bail
13. U.S. attorneys serve
a.
life terms.
c.
ten-year terms.
b.
four-year terms.
d.
at the discretion of the president.
14. Prosecutors consider both legal and extra-legal focal concerns when making a charging
decision. Which of the following is an extra-legal focal concern?
a.
degree of harm caused by the offense
b.
degree of cooperation by the defendant
c.
socio-economic status of the victim
d.
likelihood of prosecution in another jurisdiction
15. What is the title of the head of the Department of Justice?
a.
The U.S. Solicitor General
b.
The U.S. Attorney
c.
The Assistant U.S. Attorney
d.
The U.S. Attorney General
16. How many statutory responsibilities do U.S. Attorneys have?
a.
one
b.
two
c.
four
d.
three
17. How many offices are involved in prosecution in state courts?
a.
one.
c.
two.
b.
three.
d.
four.
18. Which of the following is not a term used to refer to chief prosecutors?
a.
district attorney
c.
prosecuting attorney
b.
county attorney
d.
attorney general
106
19. Small prosecutors’ offices generally employ what type of prosecution?
a.
horizontal
c.
vertical
b.
streamlined
d.
directed
20. Large prosecutors’ offices generally employ what type of prosecution?
a.
horizontal
c.
vertical
b.
streamlined
d.
directed
21. When they first begin working as prosecutors, rookie assistant attorneys learn important
unwritten rules, legal practices, and appropriate penalties
a.
primarily through personal experience with informal awards and sanctions.
b.
at law school.
c.
under direct, close supervision of the district attorney.
d.
by asking questions of experienced prosecutors, court clerks, and police officers.
22. Which of the following is the primary reason for high turnover among assistant district
attorneys?
a.
little formal on-the-job training
c.
high stress
b.
low salaries
d.
little opportunity for promotion
23. Researchers find that attempts by supervisors to control the work of assistant district
attorneys tend to
a.
reduce stress, especially among newly hired assistant district attorneys.
b.
increase morale because such efforts lead to fewer differences in the handling of
cases among assistant district attorneys.
c.
lead to greater respect for the district attorney because a clear policy is articulated.
d.
erode the morale of the office.
24. Which of the following is among the ethical issues faced by prosecutors?
a.
how much evidence to disclose to the defense
b.
how much information to release to the public
107
c.
whether to prosecute a given defendant
d.
all of the answers are among the ethical issues faced by prosecutors
25. What is the title given to the state’s chief legal officer?
a.
Lead Attorney
b.
State Attorney
c.
District Attorney
d.
Attorney General
26. In what case did the Supreme Court rule that prosecutors enjoy only qualified immunity
from civil lawsuits for actions taken during criminal investigations and statements made
during news conferences?
a.
Berger v. United States
c.
Burns v. Reed
b.
Buckley v. Fitzsimmons
d.
Kalina v. Fletcher
27. Who is the prosecutor’s client?
a.
the defendant
b.
the judge
c.
the government
d.
the victim
28. Who sets the tone for plea bargaining in the courtroom?
a.
the judge
c.
the defense attorney
b.
the prosecutor
d.
the clerk
29. Efforts have been made to improve police-prosecutor relationships with special
programs. Which of the following statements is true regarding research on the
effectiveness of such programs?
a.
Police and prosecutors have different perspectives on the law.
b.
Prosecutors complain that police reports are inadequate; names and addresses of
victims and witnesses are lacking, full details about how the crime was committed
are missing, and vital lab reports are not forwarded on time.
c.
These programs are highly effective.
d.
No research to date has systematically evaluated the effectiveness of these
programs.
30. Which of the following is not a common element of community prosecution?
a.
Prosecutors have the responsibility not only to prosecute cases but also reduce
crime.
b.
The most effective results are obtained within small, manageable geographic areas.
c.
The most effective results are obtained by reacting to crime through prosecution.
d.
Change is more likely to occur through cooperative efforts or partnerships.
31. What is one example of the contemporary expansion of the domain of the prosecutor?
a.
problem-solving courts
b.
community prosecution
c.
courtroom prosecution
d.
courtroom work groups
32. What is a commonly mentioned problem that prosecutors experience with
police?
a.
ethical violations
b.
withholding key information
c.
making inflammatory statements to the public
d.
inadequate reports
33. The role of the prosecutor involves broad discretion and
a.
decentralization
c.
centralization
b.
Streamlining
d.
guidelining
34. The three most important entities in federal prosecution are the U.S. Solicitor General,
the Criminal Division of the U.S. Department of Justice, and
a.
the offices of 94 U.S. State Attorneys.
b.
the offices of 94 U.S. General Attorneys.
c.
the offices of 94 U.S. Statutory Attorneys.
d.
the offices of 94 U.S. Attorneys.
109
35. The three major agencies involved in prosecution in state courts are the state attorney
general, the chief prosecutor and the
a.
local prosecutor
c.
solicitor general
b.
federal attorney general
d.
defense attorney
36. Assistant district attorneys are typically
a.
young lawyers
b.
young judges
c.
young politicians
d.
young doctors
37. What is the typical remedy for prosecutorial error?
a.
appellate court reversal
b.
trial court reversal
c.
civil lawsuits
d.
criminal lawsuits
CRITICAL THINKING SCENARIOS
CASE 6.1
The U.S. Attorneys serve as the nation’s principal litigators under the direction of the attorney
general. One U.S. Attorney is assigned to each of the judicial districts, with the exception of
Guam and the Northern Mariana Islands, where one serves both districts. Each U.S. Attorney is
the chief federal law enforcement officer of the United States within his or her particular
jurisdiction.
38. How many U.S. Attorneys stationed throughout the United States, Puerto Rico, the
Virgin Islands, Guam, and the Northern Mariana Islands?
a.
Eighty-three.
b.
Seventy-three.
c.
Sixty-three.
d.
Ninety-three.
39. Who are U.S. Attorneys appointed by?
a.
The President.
c.
The Vice President.
110
b.
The Senate.
d.
The Congress.
CASE 6.2
Ethical issues facing prosecutors are very different from those confronting defense attorneys
because prosecutors do not represent individual clients. Prosecutors often define their jobs as
representing victims of crime and the police, but these are not typically considered to fit under
the attorney–client relationship. Rather, the client of the prosecutor is the government, and for
this reason prosecutors are given special responsibilities.
40. Prosecutors enjoy what kind of immunity from civil liability for everything they do with
regard to the core prosecutorial functions of initiating criminal charges and pursuing
criminal convictions as the government's advocate?
a.
Absolute immunity.
b.
Comprehensive immunity.
c.
Partial immunity.
d.
Qualified immunity.
41. When prosecutors are not acting as the government's advocate in some judicial phase of
the criminal justice process, what kind of immunity do they enjoy?
a.
Absolute immunity.
b.
Comprehensive immunity.
c.
Partial immunity.
d.
Qualified immunity.
42. In what case was it determined that a district attorney’s office may not be held liable
under Section 1983 for failure to train prosecutors based on a single Brady violation?
a.
Connick v. Thompson (2011).
b.
Kalina v. Fletcher (1997).
c.
Buckley v. Fitzsimmons (1993).
d.
Burns v. Reed (1991).
CASE 6.3
111
Prosecutors spend most of their time working directly with other members of the courtroom
work group. Even when interviewing witnesses or conducting legal research, the prosecutor is
anticipating the reactions of judges and defense attorneys. Thus, the activities of prosecutors can
be understood only within the setting of the courtroom work group (Worden 1990).
43. Who is the most important member of the courtroom work group?
a.
The prosecutor.
b.
The judge.
c.
The court clerk.
d.
The stenographer.
44. Prosecutors control the flow of information about
a.
cases.
b.
defendants.
c.
defense attorneys.
d.
appeals.
45. Prosecutors can influence the decisions of defense attorneys and
a.
defendants.
b.
other attorneys.
c.
public.
d.
judges.
TRUE/FALSE
1. Prosecution in the United States is highly centralized.
2. More so than judges and defense attorneys, the prosecutor is the most powerful official in
the criminal courts.
3. Prosecutors enjoy absolute immunity from civil lawsuits when acting as courtroom
advocates.
112
4. The role of the prosecutor involves little discretion.
5. In the federal courts, the U.S. attorneys enjoy considerable autonomy from the U.S.
Justice Department.
6. Most modern prosecutors in the United States hold a public office.
7. Programs aimed at improving police–prosecutor relationships and community
prosecution are two contemporary examples of the expanding domain of the prosecutor.
8. The office of the solicitor general is in essence a small, elite, very influential law firm
whose client is the U.S. government.
9. The U.S. Attorney General was the prosecutor in the Oklahoma City bombing case.
10. The U.S. Attorney General is a member of the president’s cabinet.
11. U.S. attorneys and their assistants prosecute the vast majority of criminal cases in federal
courts.
12. A state attorney general typically exercises great authority over local criminal
proceedings.
13. Decentralization and local autonomy characterize prosecution in state courts.
14. Compared to their counterparts in England and in other European countries, American
prosecutors enjoy unmatched independence and discretionary powers.
15. The great majority of the nation’s prosecutors’ offices are large ones.
16. The three major agencies involved in prosecution in state courts are the state attorney
general, the chief prosecutor and the local prosecutor.
17. Law schools provide an overview of the law on the books, but give their students very
little exposure to the law in action.
18. The turnover rate among assistant district attorneys is relatively low.
19. Most assistant district attorneys have worked in private practice for years before being
hired by the prosecutor’s office.
20. A defendant whose conviction is overturned on appeal (and is later found not guilty)
cannot sue the prosecutor for malpractice.
21. Because prosecutors represent the government, they enjoy a great deal of protection from
civil lawsuits.
22. Judges control the flow of information about cases.
114
23. Overall, community prosecution stresses a proactive approach. Rather than reacting to
crime through prosecution, these programs stress crime prevention.
24. Ethical issues facing prosecutors are very similar to those confronting defense attorneys.
25. When prosecutors are not acting as the government's advocate in some judicial phase of
the criminal justice process they enjoy only qualified immunity for their actions.
COMPLETION
1. The office of the prosecutor is part of the _____ branch of government.
2. A prosecutor is a lawyer as well as a(n) _____ of the court, whose primary responsibility
is to see that justice is served.
3. The office of the prosecutor is characterized by _____ organization.
4. The U.S. Solicitor General is sometimes referred to as the _____ Justice.
5. With few exceptions, all government agencies must first receive authorization from the
_____ to appeal an adverse lower court ruling to the U.S. Supreme Court.
6. The three major agencies involved in prosecution in state courts are the State Attorney
General, the chief prosecutor, and the _____ prosecutor.
7. The collection of certain debts owed the federal government is one of the responsibilities
of ____.
8. U.S. attorneys are appointed by, and serve at the discretion of, the _____, with the advice
and consent of the Senate.
9. A state _____ provides legal advice to state agencies and represents the state in court
when state actions are challenged.
10. Most assistant district attorneys are hired _____ after graduation from law school.
11. State attorneys general have chosen to emphasize their _____ responsibilities because
they typically have limited authority over criminal matters.
12. In _____ prosecution, separate prosecutors are assigned to specific court functions, such
as initial appearance, charging, grand jury, trial, or appeal.
13. In _____ prosecution, a prosecutor is assigned a case from intake to appeal.
14. Assistant district attorneys spend most of their time not in the central office but in the
____.
15. The Duke lacrosse team rape case has become the contemporary poster child for
prosecutorial _____.
16. _____ evidence is evidence that tends to show the innocence of the defendant.
17. Programs aimed at improving police-prosecutor relationships are an example of the
_____ domain of the prosecutor.
18. The _____ is the most important member of the courtroom work group.
19. District attorneys who accept the status quo adopt the office _____ style.
20. Courthouse _____ are dissatisfied with the status quo and will fight to change it.
ESSAY
1. Identify and explain the various political styles of prosecutors within the courtroom work
group.
2. Explain the difference between vertical and horizontal assignment of cases to
prosecutors.
3. Explain the difference between the Solicitor General and a U.S. Attorney.
4. Discuss the rationale for and give examples of community prosecution.
5. Identify the three agencies involved in prosecution in state courts. What are the
differences and similarities of these agencies?
6. Describe the ethical duties of prosecutors. Provide examples of how these duties affect
the day-to-day job of prosecutors.
7. Explain the difference between absolute immunity and qualified immunity for
prosecutors.
8. Describe a program designed to improve police-prosecutor relationships. What does
research say about the effectiveness of such programs? Do you think they are effective?
Why or why not?
