Question 1

A defendant is entitled not only to legal counsel,but to effective counsel.

Accepted Answer

This is a basic principle of the Sixth Amendment of the US Constitution and has been upheld by the Supreme Court in numerous cases. Effective counsel means that the attorney must provide competent and diligent representation that gives the defendant a fair chance at a just outcome.

Question 2

A prosecuting attorney represents a jurisdiction (district or commonwealth)in bringing charges against accused persons arrested by the police.

Accepted Answer

A prosecuting attorney is responsible for representing the government in a criminal case against an accused person in a jurisdiction (district or commonwealth) and bringing charges against them.

Question 3

Courts adjudicate a large volume of cases each year,but the number is decreasing.

Accepted Answer

The number of cases courts adjudicate each year can vary widely depending on the jurisdiction, type of court, and specific time period in question. However, in many jurisdictions, courts are seeing an increase in case numbers due to factors like population growth, legislative changes that create new types of legal actions, and greater societal reliance on legal resolutions for disputes. There isn't a universal trend of decreasing case volumes across all courts.

Question 4

The scope of the right to counsel has been defined by the U.S.Supreme Court in a series of cases involving the interpretation and application of the Sixth Amendment.

Accepted Answer

The statement is correct. The U.S. Supreme Court has interpreted and applied the Sixth Amendment to define the scope of the right to counsel in several cases. Examples of these cases include Gideon v. Wainwright (1963) and Miranda v. Arizona (1966).

Question 5

Most prosecutors now recommend a wide range of 'intermediate sanctions' that involve neither incarceration nor probation.

Accepted Answer

This statement is true. Many prosecutors are now advocating for alternative punishments such as community service, electronic monitoring, and drug treatment programs as opposed to traditional methods of incarceration or probation.

Question 6

Overall spending is much higher for prosecutors' offices than for public defenders' offices,and it is likely that expenditures per case (on investigations,witness interviews,expert opinions,and legal research)are also significantly higher.

Accepted Answer

The statement suggests that prosecutors' offices have higher overall spending than public defenders' offices and it is also suggested that expenditures per case are likely to be higher for prosecutors' offices.

Question 7

Overreliance on plea bargaining can result in its abuse.

Accepted Answer

Overreliance on plea bargaining can create a situation where prosecutors may offer plea deals that are too lenient or where defendants may plea to crimes they did not commit just to avoid a harsher sentence. This can result in an abuse of the plea bargaining system.

Question 8

Prosecutors are not granted considerable discretion in the manner in which they enforce the law.

Accepted Answer

Prosecutors are granted considerable discretion in the manner in which they enforce the law, including decisions on whether or not to pursue charges, what charges to bring, and plea bargaining. However, this discretion is checked by ethical guidelines, constitutional limits, and oversight by the judiciary.

Question 9

The rationale for the Speedy Trial Act is that the Sixth Amendment requires 'a speedy and public trial' and that delays in court often work against the interests of the accused,who may be in jail awaiting adjudication of the case.

Accepted Answer

The rationale for the Speedy Trial Act is indeed based on the Sixth Amendment's requirement for a speedy trial and the potential negative effects that delays can have on the accused, such as prolonged pretrial detention.

Question 10

A judge or magistrate upholds rights of the accused,arbitrates between the prosecution and the defense in a criminal case.S/he also instructs juries,rules on issues of law and procedure,and may decide on a sentence.

Accepted Answer

This is the general role of a judge or magistrate in a criminal case. They are responsible for ensuring fair proceedings and upholding the rights of the accused while also making decisions on legal issues and potentially deciding on a sentence.

Question 11

__________ are alternatives to the formal criminal justice process,implemented after a suspect has been charged but prior to adjudication.

Accepted Answer

The answer of __________ are alternatives to the formal criminal...

Question 12

The __________is an act requires that all criminal cases be brought to trial within one hundred days;if they are not,they will be dismissed.

Accepted Answer

The answer of The __________is an act requires that all...

Question 13

A major issue for criminal defense is the tendency to focus on the __________ rather than on the criminal act.This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense.

Accepted Answer

The focus on the offender rather than the criminal act itself has led to the development of new defenses that try to expand the interpretation of existing concepts like self-defense. This reflects a shift towards understanding the motivations and circumstances of the offender.

Question 14

__________ occurs when a prosecutor agrees to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty.

Accepted Answer

The answer of __________ occurs when a prosecutor agrees to...

Question 15

__________ is a type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant.If these conditions are met,the case is dismissed.

Accepted Answer

The answer of __________ is a type of diversion program...

Question 16

Plea bargaining occurs when a prosecutor agrees to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty.

Accepted Answer

This statement accurately describes the process of plea bargaining.

Question 17

Courts with low caseloads have been found to have lower plea rates than courts with high caseloads.

Accepted Answer

Courts with high caseloads often have higher plea rates because they are more inclined to use plea bargains to expedite case resolution and manage the workload.

Question 18

The vast majority of public defender officers use formal criteria to determine if a defendant qualifies as indigent and is eligible for public representation.

Accepted Answer

This is true. Most public defender offices have formal criteria that they use to determine if a defendant is indigent and therefore eligible for public representation. These criteria may vary from office to office, but they generally involve an analysis of the defendant's income, assets, expenses, and other factors that may impact their ability to afford private counsel.

Question 19

States do not vary in how they pay for indigent defense.

Accepted Answer

States have different methods of paying for indigent defense, such as state funding, local funding, or a combination of both. Some states may also rely on court fees or fines to fund their public defense systems.

Question 20

Diversion programs are alternatives to the formal criminal justice process,implemented after a suspect has been charged but prior to adjudication.

Accepted Answer

Diversion programs are designed to provide accused individuals with an opportunity to avoid formal criminal charges or a criminal record. They are generally employed after charges have been filed but before a trial or other formal proceedings have taken place. These programs are designed to address the underlying issues that may have led to an individual's involvement in criminal behavior, and they often involve a combination of treatment, education, and community service. The goal of diversion programs is to help individuals take responsibility for their actions, make positive changes in their lives, and avoid further involvement with the criminal justice system.

Quiz 8: Trial Defense and Prosecution