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Questions and Answers
About 50% of all criminal convictions are the result of plea bargaining
About 50% of all criminal convictions are the result of plea bargaining
False
Indigent defendants may choose the attorney who will serve as their public defender
Indigent defendants may choose the attorney who will serve as their public defender
False
The purpose of the arraignment is to allow the defendant an opportunity to hear the charges against him or her and enter a plea
The purpose of the arraignment is to allow the defendant an opportunity to hear the charges against him or her and enter a plea
True
The attorney general within each state has direct control over all prosecutors within the state's boundaries on all legal matters
The attorney general within each state has direct control over all prosecutors within the state's boundaries on all legal matters
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The relationship between law enforcement and the prosecutor's office is symbolic in nature
The relationship between law enforcement and the prosecutor's office is symbolic in nature
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The plea bargaining process takes place once a guilty plea has been entered
The plea bargaining process takes place once a guilty plea has been entered
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Bail is a constitutional right
Bail is a constitutional right
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Prosecutors have the option to dismiss cases through a nolo contendere
Prosecutors have the option to dismiss cases through a nolo contendere
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The right to counsel is guaranteed in the Sixth Amendment
The right to counsel is guaranteed in the Sixth Amendment
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Release on recognizance is a condition of sentencing
Release on recognizance is a condition of sentencing
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Nolo contendere means 'I will not contest it' referring to the criminal charges
Nolo contendere means 'I will not contest it' referring to the criminal charges
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Overcharging is a tool used to induce a defendant to plead guilty
Overcharging is a tool used to induce a defendant to plead guilty
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The grand jury is responsible for determining guilt or innocence
The grand jury is responsible for determining guilt or innocence
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After an arrest has been made, the first step towards determining innocence or guilt is the initial appearance
After an arrest has been made, the first step towards determining innocence or guilt is the initial appearance
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The American criminal court operates as an adversary system
The American criminal court operates as an adversary system
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What is the most important factor a prosecutor considers when deciding on criminal prosecution?
What is the most important factor a prosecutor considers when deciding on criminal prosecution?
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What is the primary purpose of discovery?
What is the primary purpose of discovery?
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Why would a defendant sign a Boykin form?
Why would a defendant sign a Boykin form?
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The American justice system is classified as?
The American justice system is classified as?
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Who is responsible for issuing an indictment?
Who is responsible for issuing an indictment?
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Police officers are often concerned with ____, while prosecutors are concerned with ____
Police officers are often concerned with ____, while prosecutors are concerned with ____
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What is the defense attorney's largest responsibility?
What is the defense attorney's largest responsibility?
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Prosecutors have discretion to do all of the following except?
Prosecutors have discretion to do all of the following except?
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What percentage of cases are affected by a nolle prosequi action?
What percentage of cases are affected by a nolle prosequi action?
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What action is used by prosecutors to dismiss cases?
What action is used by prosecutors to dismiss cases?
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Which of the following is the most important factor when prosecutors consider whether or not to proceed with a prosecution?
Which of the following is the most important factor when prosecutors consider whether or not to proceed with a prosecution?
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What title is given to the chief law officer of the state?
What title is given to the chief law officer of the state?
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When the prosecutor raises the level of the charges above where it should be in order to induce a plea bargain, he or she is participating in?
When the prosecutor raises the level of the charges above where it should be in order to induce a plea bargain, he or she is participating in?
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As an elected official, the prosecutor must answer to?
As an elected official, the prosecutor must answer to?
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If a grand jury finds that probable cause exists, they will issue an ____ against the defendant
If a grand jury finds that probable cause exists, they will issue an ____ against the defendant
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Which case did the U.S. Supreme Court hold that the state must provide counsel to those who cannot afford to hire one for themselves?
Which case did the U.S. Supreme Court hold that the state must provide counsel to those who cannot afford to hire one for themselves?
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Which case did the U.S. Supreme Court extend the entitlement to state-provided counsel to juveniles?
Which case did the U.S. Supreme Court extend the entitlement to state-provided counsel to juveniles?
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Which of the following is not one of the methods used for assigning attorneys to represent indigent defendants?
Which of the following is not one of the methods used for assigning attorneys to represent indigent defendants?
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Under what circumstance may an attorney break attorney-client privilege?
Under what circumstance may an attorney break attorney-client privilege?
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During which proceeding is an accused advised of the charges, right to counsel, and applicable bail?
During which proceeding is an accused advised of the charges, right to counsel, and applicable bail?
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Which action occurs during the arraignment?
Which action occurs during the arraignment?
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Which amendment addresses bail?
Which amendment addresses bail?
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Which of the following is not a factor in a judge's decision to set bail?
Which of the following is not a factor in a judge's decision to set bail?
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In which case did the U.S. Supreme Court uphold preventive detention?
In which case did the U.S. Supreme Court uphold preventive detention?
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In which case did the U.S. Supreme Court hold that plea bargaining is 'an essential and highly desirable' part of the criminal justice process?
In which case did the U.S. Supreme Court hold that plea bargaining is 'an essential and highly desirable' part of the criminal justice process?
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Study Notes
Criminal Justice System Key Points
- Approximately 50% of all criminal convictions do not result from plea bargaining.
- Indigent defendants cannot choose their public defender.
- Arraignment serves to inform defendants of charges and allow for a plea.
- The attorney general does not have direct control over all state prosecutors in legal matters.
- Relationship between law enforcement and prosecution is primarily symbolic.
- The plea bargain process occurs before a guilty plea is entered.
- Bail is not a constitutional right, but an option based on judicial discretion.
- 'Nolo contendere' means "I will not contest," relating to criminal charges.
- Overcharging may be used to encourage guilty pleas from defendants.
- The grand jury does not determine guilt; it issues indictments based on probable cause.
- The initial appearance is the first step in determining a defendant's guilt or innocence post-arrest.
- The American criminal court system operates under an adversarial model.
- Sufficient evidence for conviction is the critical consideration for prosecutors when deciding to pursue cases.
- Discovery allows defense attorneys to request information from the prosecution.
- Signing a Boykin form indicates a defendant waives their right to a trial.
- Indictments are issued by grand juries; they are crucial in the prosecution process.
- Police focus on factual guilt, whereas prosecutors focus on legal guilt.
- Defense attorneys serve as advocates for their clients throughout the criminal process.
- Prosecutors can dismiss cases using a nolle prosequi action, impacting around 50% of cases.
- Vertical overcharging occurs when prosecutors increase charges to facilitate plea bargains.
- Prosecutors are accountable to voters as they are elected officials.
- The Gideon v. Wainwright case mandated the provision of counsel for those who cannot afford it.
- In re Gault extended the right to state-provided counsel for juveniles.
- Law school training programs are not a recognized method for assigning attorneys to indigent defendants.
- Attorney-client privilege can break if a client discloses intentions about future crimes.
- During initial appearances, defendants are informed of charges, their rights, and bail options.
- Pleas are formally entered during the arraignment process.
- The Eighth Amendment addresses bail issues within the criminal justice system.
- A judge's decision to set bail does not consider the victim's wishes.
- Preventive detention was upheld in United States v. Salerno (1987).
- The Supreme Court recognized plea bargaining as a vital part of the criminal justice process in Santobello v. New York (1971).
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Description
Test your knowledge of key concepts in criminal justice with this Chapter 9 review. This quiz covers important aspects such as plea bargaining, rights of defendants, and the arraignment process. Perfect for students looking to solidify their understanding of the material!
