Discretion in determining which cases to prosecute impacts

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Reference no: EM131119311

Assignment 4B: Multiple Choice Questions

1. The prosecutor's discretion in determining which cases to prosecute impacts what laws the police choose to focus on and enforce.

a) True

b) False

2. According to the text, an important role played by the victim is

a. to humanize the impact of crime.

b. to offer unbiased, reliable testimony.

c. to point out inconsistencies in the defense.

d. to pressure the jury to find the defendant guilty.

e. none of the above.

3. When making decisions in the courtroom, judges

a) must refrain from seeking the advice of others in order to protect the rights of the accused.

b) rely on prosecutors and defense attorneys during essentially every phase of the trial.

c) typically disregard information from other judges as each case is different.

d) have little discretion in most decisions affecting cases.

e) none of the above.

4. The police chief implements the use of a drug courier profile for his department. Using the profile, officers focus on their attention on stopping and searching cars with Florida license plates. After a month, the chief reviews the statistics and finds that, indeed, most of the drug arrests for the month were of drivers of cars with Florida license plates. According to the text, this is an example of:

a. racial profiling.

b. self-fulfilling prophecy.

c. differential policing.

d. targeted enforcement.

e. none of the above.

5. Which of the following is not a white collar crime?

a. A stockbroker manipulates the price of a stock.

b. A car company sells vehicles it knows have a faulty brake system.

c. A manufacturing plant dumps toxic waste into a local creek.

d. A businessman shoplifts a tie from a prestige clothing store.

e. None of the above.

6. A subpoena is used to

a. summon jurors for jury selection.

b. notify defendants of the charges against him.

c. notify witnesses to appear in court.

d. report the jury's verdict.

e. none of the above.

7. Defendants are entitled to legal representation during in-person line-ups.

a) True

b) False

8. Which of the following is not true?

a) Private prosecutors are prohibited by the Constitution.

b) Special prosecutors may be appointed to investigate specific cases.

c) Most routine criminal cases are prosecuted at the state level.

d) Federal prosecutors are known as U.S. Attorneys.

e) None of the above.

9. Public defenders

a) work for the state.

b) are sworn to represent the interest of the state.

c) have both private clients and clients assigned to them.

d) generally have lower caseloads than assigned counsels.

e) none of the above.

10. The grand jury

a) determines whether a defendant is guilty or not guilty.

b) can conduct secret hearings, despite the Constitutional right to a public trial.

c) has no investigative authority and relies upon evidence presented by the prosecutor.

d) cannot consider evidence such as hearsay testimony.

e) none of the above.

11. The primary responsibility of a defense attorney is

a) to seek out the truth.

b) put forth the best possible defense.

c) win an acquittal using whatever means necessary.

d) prove the defendant is innocent beyond a reasonable doubt.

e) none of the above.

12. Which of the following is true?

a) Judicial corruption is often reported.

b) Federal judges are appointed by the President and can be removed by the President.

c) Only a Circuit Judicial Council can remove a federal judge for misconduct.

d) Elected judges have judicial independence and are not accountable to the public.

e) none of the above.

13. During trial, the prosecutor learns that a key prosecution witness provided false testimony. The prosecutor

a) has a legal obligation to disclose the information.

b) has a moral, but not legal, obligation to disclose the information.

c) has no obligation to disclose the information.

d) must immediately dismiss charges against the defendant.

e) none of the above.

14. According to the text, which of the following is true in regards to gender and crime?

a. Men tend to be treated more severely than women.

b. Women tend to be treated more severely than men.

c. Research has shown no difference in the treatment of men and women.

d. Research has shown treatment by gender directly relates to the gender of the judge.

e. None of the above.

15. All states require some form of legal education for individuals serving as judges.

a) True

b) False

16. Based on various studies presented in the text, which of the following is true regarding race and crime?

a. African-Americans are more likely to commit white collar crimes.

b. More than half of those arrested for drugs are African-Americans.

c. Minorities are more likely to have arrests later determined to be unfounded.

d. Whites are more likely to have charges dismissed due to lack of evidence.

e. None of the above.

17. Prosecutors

a) must have the victim's consent to drop charges against a defendant.

b) must prosecute all crimes if probable cause exists.

c) must prosecute all felonies to the fullest extent of the law.

d) have wide discretion in determining which cases to prosecute.

e) none of the above.

18. As the Minister of Justice, the prosecutor's primary responsibility is to represent the best interest of the individual victims of crimes.

a) True

b) False

19. Defendants who are acquitted can usually sue prosecutors for false prosecution.

a) True

b) False

20. In the adversarial system of justice in the U.S., prosecutors and defense attorneys often work together throughout the trial process.

a) True

b) False

21. Defendants charged with serious crimes cannot waive their right to be represented by an attorney and cannot represent themselves at trial.

a) True

b) False

22. All of the following are true except:

a) A vigorous defense helps protect the rights of the accused.

b) A defendant is required to present a defense.

c) A defendant can be factually guilty but legally innocent.

d) An effective defense can prevent or minimize overcharging by prosecutors.

e) None of the above.

23. If a defendant is acquitted,

a) he has been proven innocent of the charges against him.

b) he has been found not guilty and can be retried by the prosecutor.

c) he has been found not guilty and cannot be retried by the prosecutor.

d) he can appeal on the basis of a hung jury.

e) none of the above.

24. Research cited in the text shows that women and minority judges

a) represent more than 40% of all judges.

b) are more likely to be appointed than elected.

c) tend to show more favoritism towards certain defendants.

d) have higher rates of cases overturned on appeal.

e) none of the above.

25. During the pre-trial process, judges are involved in all of the following except:

a) determining whether a trial should be held in a different location.

b) determining whether sufficient evidence exists for a trial.

c) negotiating or approving plea bargain agreements.

d) overseeing the selection of jurors.

e) none of the above.

Reference no: EM131119311

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