Question 1

A subpoena duces tecum compels the production of ________ evidence.

Accepted Answer

The answer of A subpoena duces tecum compels the production...

Question 2

Discuss the history of the right to appoint counsel in criminal prosecutions and when it applies.

Accepted Answer

Good answers should address the Powell v...

Question 3

Grand juries can be impaneled either by the court or the prosecutor.

Accepted Answer

A) True 
 B)False

Question 4

Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?

Accepted Answer

A)   Pro bono
B)   Pro se
C)   Inter alia
D)   Mens rea
E)   Ibid B

Question 5

The most obvious reason for non-prosecution is lack of evidence.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is NOT a reason for grand jury secrecy?

Accepted Answer

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

Question 7

If a prosecutor's decision to bring charges is discriminatory in nature, this is known as:

Accepted Answer

A)   Discriminatory prosecution.
B)   Selective prosecution.
C)   Inappropriate prosecution.
D)   Criminal prosecution.

Question 8

The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences?

Accepted Answer

A)   Private admonition or reprimand
B)   Public reprimand
C)   Suspension from law practice
D)   Permanent disbarment
E)   All of the above

Question 9

Match the term with the correct definition with the corresponding prosecutorial decisions.
-Pretextual prosecution

Accepted Answer

A)   When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B)   The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C)   When an individual is targeted for prosecution merely because he or she falls into a certain group.
D)   Situation in which the prosecutor either (1)  brings multiple charges against the same individual in the same trial or (2)  brings charges against multiple individuals in the same trial.
E)   The constitutional right of an indigent defendant to be represented by counsel.F)  The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.G)  A prosecutor's charging decision is motivated by revenge.H)  The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.?

Question 10

Grand jury proceedings are:

Accepted Answer

A)   Often open to the public.
B)   Intensely secretive.
C)   Off limits to the prosecution.
D)   Subject to the same constitutional requirements as trials.

Question 11

Prosecution that impacts certain groups (e.g., minorities. only becomes selective when it is:

Accepted Answer

A)   Accidental.
B)   Intentional.
C)   Negligent.
D)   Reckless.

Question 12

Match the term with the correct definition with the corresponding prosecutorial decisions.
-Selective prosecution

Accepted Answer

A)   When the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.
B)   The court stated that a defendant may only waive counsel if the waiver is "competent and intelligent."
C)   When an individual is targeted for prosecution merely because he or she falls into a certain group.
D)   Situation in which the prosecutor either (1)  brings multiple charges against the same individual in the same trial or (2)  brings charges against multiple individuals in the same trial.
E)   The constitutional right of an indigent defendant to be represented by counsel.F)  The court held that a two-prong test must be applied in order to determine whether counsel is ineffective.G)  A prosecutor's charging decision is motivated by revenge.H)  The court stated that ?in all criminal prosecutions, the accused shall enjoy the right …to have the Assistance of Counsel for his defense.? C

Question 13

The question of whether joinder is appropriate is usually best resolved ________ trial.

Accepted Answer

A)   After
B)   Prior to
C)   During
D)   There is never a time it is best resolved.

Question 14

The Fifth Amendment right to grand jury indictment has been incorporated.

Accepted Answer

A) True 
 B)False

Question 15

The Supreme Court in Yick Wo v. Hopkins addressed the issue of:

Accepted Answer

A)   Selective prosecution.
B)   Charge joinder.
C)   Grand jury behavior.
D)   Prosecutorial immunity. A

Question 16

In Oyler v. Boles the Supreme Court held that selective prosecution violates the ________ protection clause.

Accepted Answer

The answer of In Oyler v. Boles the Supreme Court...

Question 17

For defense counsel to be considered ineffective, the defense attorney must:

Accepted Answer

A)   Perform adequately.
B)   Prejudice the defendant.
C)   Be a public defender.
D)   Only be unreasonable under prevailing professional norms.

Question 18

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?

Accepted Answer

Good answers should address the role of ...

Question 19

The Sixth Amendment right to counsel applies after the initiation of formal adversarial proceedings.

Accepted Answer

A) True 
 B)False

Question 20

A defense challenge to joinder is that the jury will not consider the charges separately.

Accepted Answer

A) True 
 B)False

Exam 11: Prosecutors, Grand Juries, and Defense Attorneys

A subpoena duces tecum compels the production of ________ evidence.

Correct AnswerverifiedShow Answer

Discuss the history of the right to appoint counsel in criminal prosecutions and when it applies.

Correct AnswerverifiedGood answers should address the Powell v...View AnswerShow Answer

Grand juries can be impaneled either by the court or the prosecutor.

Correct AnswerverifiedShow Answer

Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?

Correct AnswerverifiedB

The most obvious reason for non-prosecution is lack of evidence.

Correct AnswerverifiedShow Answer

Which of the following is NOT a reason for grand jury secrecy?

Correct AnswerverifiedShow Answer

If a prosecutor's decision to bring charges is discriminatory in nature, this is known as:

Correct AnswerverifiedShow Answer

The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences?

Correct AnswerverifiedShow Answer

Match the term with the correct definition with the corresponding prosecutorial decisions. -Pretextual prosecution

Correct AnswerverifiedShow Answer

Grand jury proceedings are:

Correct AnswerverifiedShow Answer

Prosecution that impacts certain groups (e.g., minorities. only becomes selective when it is:

Correct AnswerverifiedShow Answer

Match the term with the correct definition with the corresponding prosecutorial decisions. -Selective prosecution

Correct AnswerverifiedC

The question of whether joinder is appropriate is usually best resolved ________ trial.

Correct AnswerverifiedShow Answer

The Fifth Amendment right to grand jury indictment has been incorporated.

Correct AnswerverifiedShow Answer

The Supreme Court in Yick Wo v. Hopkins addressed the issue of:

Correct AnswerverifiedA

In Oyler v. Boles the Supreme Court held that selective prosecution violates the ________ protection clause.

Correct AnswerverifiedShow Answer

For defense counsel to be considered ineffective, the defense attorney must:

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedGood answers should address the role of ...View AnswerShow Answer

The Sixth Amendment right to counsel applies after the initiation of formal adversarial proceedings.

Correct AnswerverifiedShow Answer

A defense challenge to joinder is that the jury will not consider the charges separately.

Correct AnswerverifiedShow Answer

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Good answers should address the Powell v...
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B

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C

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A

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