347 Chapter 11

CHAPTER ELEVEN

 
 

 

MULTIPLE CHOICE

1. Prosecutors perform several valuable functions, including:
    a. bringing charges against suspected criminals
    b. reinforcing the notion that a crime is an offense against the state
    c. both a and b
    d. neither a nor b2.

Which of the following is NOT a reason for failing to prosecute?
    a. Lack of evidence
    b. Defense case stronger than the prosecution’s
    c. Resource restrictions
    d. Defendant’s political connections

3. Which of the following is a reason for failing to prosecute?
    a. Lack of evidence
    b. Defense case stronger than the prosecution’s
    c. Resource restrictions
    d. All of the above

4. If a prosecutor decides not to bring charges, his or her decision can be “overruled” or challenged by:
    a. a supervisor
    b. the court
    c. both a and b
    d. neither a nor b

5. If a prosecutor’s decision to bring charges in discriminatory in nature, this is known as:
    a. discriminatory prosecution
    b. selective prosecution
    c. inappropriate prosecution
    d. criminal prosecution

6. Prosecution becomes selective when it is:
    a. accidental
    b. intentional
    c. negligent
    d. reckless

7. The courts consider which of the following in deciding whether a prosecution is selective?
    a. Whether similarly situated individuals are prosecuted
    b. Whether the prosecutor intended for the charge to be selective
    c. Whether the prosecutor’s decision to prosecute was arbitrary
    d. All of the above

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8. Prosecutors can get into trouble for prosecuting:
    a. conspicuous individuals
    b. significant offenders
    c. both a and b
    d. neither a nor b

9. If a prosecutor’s charging decision is motivated by revenge, this is known as:
    a. revenge prosecution
    b. retaliatory prosecution
    c. vindictive prosecution
    d. none of the above

10. Joinder refers to:
    a. bringing multiple charges against the same individual in the same trial
    b. brining charges against multiple individuals in the same trial
    c. both a and b
    d. neither a nor b

11. If joinder is in appropriate, what is required?
    a. separation
    b. single trials
    c. severance
    d. selective prosecution

12. According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual?
    a. When the charges arise from the same criminal event
    b. When two separate criminal acts are tied together in some fashion
    c. When two criminal acts are “the same or similar in character”
    d. All of the above

13. The defense may argue against joinder because:
    a. the jury may not consider the criminal acts separately
    b. the jury may view all the evidence against the accused as inadequate
    c. only one criminal defense can be asserted
    d. all of the above

14. The right to a grand jury can be found in which constitutional amendment?
    a. The Fourth
    b. The Fifth
    c. The Sixth
    d. The Fourteenth

15. Nowadays, grand jury operations are:
    a. independent from the prosecutor
    b. closely tied in with the prosecutor
    c. only remotely connected to the prosecutor
    d. none of the above

16. Which of the following statements is true concerning grand juries?
a
    . The right to grand jury indictment has been incorporated

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    b. The right to a grand jury indictment appears in the Sixth Amendment
    c. Several states require grand jury indictments for felonies
    d. All of the above

17. A criminal charge filed by a grand jury is known as a(n):
    a. information
    b. charge
    c. arraignment
    d. none of the above

18. Grand jury indictment will be the charging mechanism of choice when:
    a. the case is of great political significance
    b. the grand jury’s investigative powers are useful
    c. one or more witnesses is hesitant to speak in open court
    d. all of the above

19. The size of the typical grand jury is usually around:
    a. five people
    b. ten people
    c. twenty people
    d. thirty people

20. Which of the following statements is true concerning grand jury voting requirements?
    a. The vote must be unanimous
    b. The vote can be less than unanimous
    c. Voting requirements differ by state
    d. All of the above

21. When a grand jury decides there is enough evidence for an indictment, it issues a(n):
    a. indictment
    b. information
    c. true bill
    d. statement of noncollusion

22. Which of the following is a step in the selection of grand jury participants?
    a. A list of potential jurors is compiled
    b. People are selected from the list for service on the grand jury
    c. Both a and b
    d. Neither a nor b

23. Which of the following is NOT a reason for grand jury secrecy?
    a. To prevent the escape of those whose indictment may be contemplated
    b. To insure the utmost freedom to the grand jury in its deliberations
    c. To protect powerful people from damaging public prosecution
    d. To protect the innocent accused

24. The Patriot Act:
    a. places further restrictions on disclosure of grand jury investigations
    b. removes several restrictions on disclosure of grand jury investigations
    c. does not alter restrictions on disclosure of grand jury investigations
    d. none of the above

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25. Which of the following are rights enjoyed by people who are under grand jury investigation?
    a. Right to testify
    b. Right to be present
    c. Right to counsel
    d. None of the above

26. Reasons for not allowing defense counsel to be present during grand jury proceedings include:
    a. possible delay
    b. possible disruption of the investigation
    c. possible compromised security
    d. all of the above

27. Which of the following are types of subpoenas that can be issued by grand juries?
    a. subpoenas ad testificandum
    b. subpoenas duces testificandum
    c. subpoenas ad tecum
    d. all of the above

28. What can a grand jury do to people who fail to appear when requested?
    a. Use its contempt power
    b. Impose civil sanctions
    c. Impose criminal sanctions
    d. All of the above

29. The term used to describe a difference between evidence presented to a grand jury and evidence presented at trial is:
    a. discrepancy
    b. variance
    c. difference
    d. none of the above

30. The right to counsel for accused persons:
    a. has due process origins
    b. is mentioned in the Sixth Amendment
    c. is important in relation to the Fifth Amendment’s self-incrimination clause
    d. all of the above

31. The Sixth Amendment right to counsel was incorporated in:
    a. Powell v. Alabama
    b. Johnson v. Zerbst
    c. Betts v. Brady
    d. Gideon v. Wainwright

32. Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?
    a. pro bono
    b. pro se
    c. inter alia
    d. mens rea

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33. Which of the following statements is true concerning the Sixth Amendment?
    a. It provides the right to counsel
    b. It has been interpreted to mean that effective assistance of counsel is required
    c. Both a and b
    d. Neither a nor b

34. For defense counsel to be ineffective, the defense attorney must:
    a. perform adequately
    b. prejudice the defendant
    c. be a public defender
    d. all of the above

35. The courtroom workgroup consists of:
    a. prosecutors and defense attorneys
    b. prosecutors and judges
    c. defense attorneys and judges
    d. prosecutors, defense attorneys, and judges

FILL IN THE BLANK

1. _____ perform a valuable function; they reinforce the notion that a crime is an offense against the state.
    a. Defense attorneys
    b. Judges
    c. Prosecutors
    d. Public defenders

2. _____ prosecution targets certain individuals unfairly.
    a. Selective
    b. Vindictive
    c. Unfair
    d. None of the above

3. The question of whether joinder is appropriate is best resolved _____ trial.
    a. after
    b. prior to
    c. during
    d. none of the above

4. The Fifth Amendment states, in part, that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a _____.”
    a. jury
    b. grand jury
    c. both a and b
    d. neither a nor b

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5. Grand juries are _____ ordinary trial (petit) juries.
    a. larger than
    b. smaller than
    c. the same in size as
    d. none of the above

6. Grand jury proceedings are _____.
    a. open to the public
    b. intensely secretive
    c. off limits to the prosecution
    d. subject to the same constitutional requirements as trials.

7. A _____ compels witnesses to appear before the grand jury.
    a. subpoena ad testificandum
    b. subpoena duces testificandum
    c. subpoena ad tecum
    d. none of the above

8. The right to counsel in criminal prosecutions has both _____ and Sixth Amendment origins.
    a. First Amendment
    b. Fourth Amendment
    c. Seventh Amendment
    d. due process

9. Adversary proceedings include _____.
    a. indictment
    b. formal charge
    c. sentencing
    d. all of the above

10. Accused criminals enjoy _____ assistance of counsel.
    a. free
    b. effective
    c. adequate
    d. no

TRUE/FALSE

1. The most obvious reason for non-prosecution is lack of evidence.
    a. true
    b. false

2. Prosecutors’ decisions not to press charges are rarely challenged.
    a. true
    b. false

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3. If a prosecutor’s decision to press charges is discriminatory in nature, the Fourteenth Amendment’s Equal Protection Clause can be violated.
    a. true
    b. false

4. If prosecutors’ charging decisions are motivated by revenge, then resulting charges violate the Sixth Amendment.
    a. true
    b. false

5. An example of joinder is bringing several charges against the same individual in the same trial.
    a. true
    b. false

6. The question of whether joinder is appropriate is best resolved after trial.
    a. true
    b. false

7. An obvious problem with joinder is the possibility of double jeopardy.
    a. true
    b. false

8. The Fifth Amendment right to grand jury indictment has been incorporated.
    a. true
    b. false

9. Grand juries can be impaneled either by the court or the prosecutor.
    a. true
    b. false

10. Once a grand jury is convened, the members serve for an indefinite period of time.
    a. true
    b. false

11. People are selected for grand juries in the same way people are selected for ordinary trial juries.
    a. true
    b. false

12. A person who is already charged may have a right to counsel when appearing before a grand jury.
    a. true
    b. false

13. Grand juries can grant immunity to certain witnesses.
    a. true
    b. false

14. The Sixth Amendment right to counsel applies after the initiation of formal adversarial proceedings.
    a. true
    b. false

Prosecutors, Grand Juries, and Defense Attorneys 354

15. A judge can “veto” a defendant’s decision to represent himself or herself.
    a. true
    b. false

ESSAYS

1. List several examples of when it would be inappropriate for a prosecutor to bring charges against someone.

2. What is your opinion of joinder? Under which circumstances should it be allowed?

3. Why do you suppose grand juries operate in some states and not others? Should grand juries be the charging mechanism of choice across the country? Why or why not?

4. Do you believe the right to counsel is a meaningful one, given all the interpretation it has received by the Supreme Court?

5. Is the definition of “effective assistance of counsel” too restrictive? Why or why not?

 

 
     
     
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