Question 1

Due process of law requires not just counsel, but effective counsel.

Accepted Answer

A) True 
 B)False

Question 2

Identify, define, and explain the two prongs of SCOTUS's test of effective counsel, as adopted in Strickland v. Washington .

Accepted Answer

In Strickland v. Washington , SCOTUS ado...

Question 3

In the early years immediately following the adoption of the Sixth Amendment, guaranteeing the right to counsel, courts interpreted that right to mean:

Accepted Answer

A)  all defendants must receive counsel at government expense.
B)  defendants have a right to counsel at trial, provided they can afford one.
C)  defendants do not have a right to counsel until the trial itself, but once the trial begins, all defendants must receive lawyers, even if they cannot afford them.
D)  only felony defendants are entitled to lawyers at government expense.E) None of the above
F) All of the above

Question 4

The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.

Accepted Answer

A) True 
 B)False

Question 5

The pretrial detention of dangerous suspects who pose a threat to community safety is called _______________ _______________.

Accepted Answer

preventive...

Question 6

According to the prima facie case rule, the judge can bind over a defendant if the prosecution presents evidence that could, if not rebutted, convict the defendant.

Accepted Answer

A) True 
 B)False

Question 7

Defendants may only plead nolo contendere with the permission of the court.

Accepted Answer

A) True 
 B)False

Question 8

Diversion involves which of the following activities?

Accepted Answer

A)  Diverting suspects into treatment programming as a measure to avoid trials, which might involve the conditional dropping of charges.
B)  Assigning 24-hour oversight of offenders with a history of two or more offenses because of jail overcrowding.
C)  Ensuring that parolees are able to divert funds into savings accounts for paying fines.
D)  Sending the convicted offenders to jail by first diverting them to work programs.E) B) and D)
F) B) and C)

Question 9

Trials without juries, in which judges decide the facts, are called:

Accepted Answer

A)  non-trials.
B)  bench trials.
C)  jury-free trials.
D)  prosecutor trials.E) A) and D)
F) A) and C)

Question 10

What is a written formal charge by prosecutors without a grand jury indictment?

Accepted Answer

A)  a true bill
B)  a criminal information
C)  a directed verdict
D)  a criminal complaintE) A) and C)
F) A) and B)

Question 11

Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of double jeopardy, according to the _______________ _______________ doctrine.

Accepted Answer

The answer of Even arising out of the same facts,...

Question 12

What makes selective prosecution a necessity?

Accepted Answer

A)  prosecutorial discretion
B)  a lack of judges
C)  limited resources
D)  a grand juryE) A) and B)
F) B) and C)

Question 13

According to the SCOTUS opinion in Bell v. Wolfish , involving conditions in a pretrial detention center or jail:

Accepted Answer

A)  due process entitles all persons not convicted of crimes to a single cell.
B)  strip searches violate the constitutional rights of persons not yet convicted of crimes.
C)  double bunking amounts to unconstitutional punishment.
D)  prison administrators should be accorded wide ranging deference in the adoption of jail policies.E) C) and D)
F) All of the above

Question 14

What right-to-counsel standard holds that only lawyers whose behavior is so shocking that it turns the trial into a joke are constitutionally ineffective?

Accepted Answer

A)  the authorized-imprisonment standard
B)  the bind-over standard
C)  the reasonably-competent-attorney standard
D)  the mockery-of-justice standardE) B) and C)
F) C) and D)

Question 15

What percentage of cases are dropped because of the exclusionary rule?

Accepted Answer

A)  less than 2 percent
B)  about 5 percent
C)  about 10 percent
D)  about 15 percentE) All of the above
F) A) and B)

Question 16

Under privately administered bail bonds, bail bondsmen or bondswomen usually charge what percentage of the amount of the bond that they turn over to the courts?

Accepted Answer

A)  10 percent
B)  20 percent
C)  30 percent
D)  40 percentE) A) and B)
F) A) and C)

Question 17

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as _______________.

Accepted Answer

The answer of The pretrial release mechanism that is based...

Question 18

Most recent legal commentary supports the grand jury process.

Accepted Answer

A) True 
 B)False

Question 19

In what cases do prosecutors agree to drop the charges before formal judicial proceedings begin, on the condition that suspects participate in and complete a program?

Accepted Answer

A)  diversion cases
B)  validated cases
C)  discretion-laden cases
D)  selective casesE) All of the above
F) None of the above

Question 20

The process for allowing judges to deny bail to dangerous defendants is referred to as:

Accepted Answer

A)  selective enforcement.
B)  selective incapacitation.
C)  judicial prerogative.
D)  preventive detention.E) All of the above
F) None of the above

Exam 12: Court Proceedings I Before Trial

The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.

Correct AnswerverifiedShow Answer

Identify, define, and explain the two prongs of SCOTUS's test of effective counsel, as adopted in Strickland v. Washington .

Correct AnswerverifiedIn Strickland v. Washington , SCOTUS ado...View AnswerShow Answer

Most recent legal commentary supports the grand jury process.

Correct AnswerverifiedShow Answer

Due process of law requires not just counsel, but effective counsel.

Correct AnswerverifiedShow Answer

What makes selective prosecution a necessity?

Correct AnswerverifiedShow Answer

Under privately administered bail bonds, bail bondsmen or bondswomen usually charge what percentage of the amount of the bond that they turn over to the courts?

Correct AnswerverifiedShow Answer

Trials without juries, in which judges decide the facts, are called:

Correct AnswerverifiedShow Answer

Diversion involves which of the following activities?

Correct AnswerverifiedShow Answer

Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of double jeopardy, according to the _______________ _______________ doctrine.

Correct AnswerverifiedShow Answer

In what cases do prosecutors agree to drop the charges before formal judicial proceedings begin, on the condition that suspects participate in and complete a program?

Correct AnswerverifiedShow Answer

The process for allowing judges to deny bail to dangerous defendants is referred to as:

Correct AnswerverifiedShow Answer

Defendants may only plead nolo contendere with the permission of the court.

Correct AnswerverifiedShow Answer

In the early years immediately following the adoption of the Sixth Amendment, guaranteeing the right to counsel, courts interpreted that right to mean:

Correct AnswerverifiedShow Answer

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as _______________.

Correct AnswerverifiedShow Answer

What is a written formal charge by prosecutors without a grand jury indictment?

Correct AnswerverifiedShow Answer

According to the prima facie case rule, the judge can bind over a defendant if the prosecution presents evidence that could, if not rebutted, convict the defendant.

Correct AnswerverifiedShow Answer

What percentage of cases are dropped because of the exclusionary rule?

Correct AnswerverifiedShow Answer

What right-to-counsel standard holds that only lawyers whose behavior is so shocking that it turns the trial into a joke are constitutionally ineffective?

Correct AnswerverifiedShow Answer

The pretrial detention of dangerous suspects who pose a threat to community safety is called _______________ _______________.

Correct Answerverifiedpreventive...View AnswerShow Answer

According to the SCOTUS opinion in Bell v. Wolfish , involving conditions in a pretrial detention center or jail:

Correct AnswerverifiedShow Answer

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In Strickland v. Washington , SCOTUS ado...
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Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of double jeopardy, according to the _ _ doctrine.

Correct Answer
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The pretrial detention of dangerous suspects who pose a threat to community safety is called _ _.

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preventive...
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Correct Answer
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