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1. Prosecutors perform several valuable functions, including:
3. Which of
the following is a reason for failing to prosecute?
4. If a
prosecutor decides not to bring charges, his or her decision can be
“overruled” or challenged by:
5. If a
prosecutor’s decision to bring charges in discriminatory in nature, this
is known as:
Prosecution becomes selective when it is:
7. The courts
consider which of the following in deciding whether a prosecution is
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Prosecutors can get into trouble for prosecuting:
9. If a
prosecutor’s charging decision is motivated by revenge, this is known
joinder is in appropriate, what is required?
to the Federal Rules of Criminal Procedure, when can multiple charges be
brought against the same individual?
defense may argue against joinder because:
14. The right
to a grand jury can be found in which constitutional amendment?
grand jury operations are:
16. Which of
the following statements is true concerning grand juries?
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b. The right
to a grand jury indictment appears in the Sixth Amendment
criminal charge filed by a grand jury is known as a(n):
jury indictment will be the charging mechanism of choice when:
19. The size
of the typical grand jury is usually around:
20. Which of
the following statements is true concerning grand jury voting
21. When a
grand jury decides there is enough evidence for an indictment, it issues
22. Which of
the following is a step in the selection of grand jury participants?
23. Which of
the following is NOT a reason for grand jury secrecy?
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25. Which of
the following are rights enjoyed by people who are under grand jury
for not allowing defense counsel to be present during grand jury
27. Which of
the following are types of subpoenas that can be issued by grand juries?
28. What can
a grand jury do to people who fail to appear when requested?
29. The term
used to describe a difference between evidence presented to a grand jury
and evidence presented at trial is:
30. The right
to counsel for accused persons:
31. The Sixth
Amendment right to counsel was incorporated in:
defendants have a constitutional right to represent themselves. This is
known as what type of defense?
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33. Which of
the following statements is true concerning the Sixth Amendment?
defense counsel to be ineffective, the defense attorney must:
courtroom workgroup consists of:
FILL IN THE BLANK
perform a valuable function; they reinforce the notion that a crime is
an offense against the state.
prosecution targets certain individuals unfairly.
question of whether joinder is appropriate is best resolved _____ trial.
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 _____.”
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juries are _____ ordinary trial (petit) juries.
6. Grand jury
proceedings are _____.
7. A _____
compels witnesses to appear before the grand jury.
8. The right
to counsel in criminal prosecutions has both _____ and Sixth Amendment
proceedings include _____.
criminals enjoy _____ assistance of counsel.
1. The most
obvious reason for non-prosecution is lack of evidence.
Prosecutors’ decisions not to press charges are rarely challenged.
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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.
prosecutors’ charging decisions are motivated by revenge, then resulting
charges violate the Sixth Amendment.
5. An example
of joinder is bringing several charges against the same individual in
the same trial.
question of whether joinder is appropriate is best resolved after trial.
7. An obvious
problem with joinder is the possibility of double jeopardy.
8. The Fifth
Amendment right to grand jury indictment has been incorporated.
juries can be impaneled either by the court or the prosecutor.
10. Once a
grand jury is convened, the members serve for an indefinite period of
are selected for grand juries in the same way people are selected for
ordinary trial juries.
12. A person
who is already charged may have a right to counsel when appearing before
a grand jury.
juries can grant immunity to certain witnesses.
14. The Sixth
Amendment right to counsel applies after the initiation of formal
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15. A judge
can “veto” a defendant’s decision to represent himself or herself.
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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