Legal Aspects Exam 3 (Answered)
Verified Solution
Which of the following is NOT a reason for failing to prosecute?
Defendant's political connections
Prosecutors are part of what branch of government?
Executive
Who can challenge a state prosecutor's decision NOT to file a case?
Attorney General
If a prosecutor's decision to bring charges is discriminatory in nature, this is
known as:
selective prosecution
Prosecution that impacts certain groups (e.g., minorities) only becomes selective
when it is:
intentional
The courts consider which of the following in deciding whether a prosecution is
selective?
All of the above
If a prosecutor's charging decision is motivated by revenge, this is known as:
vindictive prosecution
The recourse for dealing with overzealous prosecutors includes which of the
following state bar consequences?
All of the above
If joinder is inappropriate, what is required?
Severance
According to the Federal Rules of Criminal Procedure, when can multiple charges
be brought against the same individual?
All of the above
When a prosecutor charges an individual simply because the individual is
exercising his or her constitutional rights, it is known as ___________________
prosecution.
vindictive
In Yick Wo v. Hopkins, the Supreme Court addressed the issue of:
selective prosecution
When is the best time to resolve the question of whether joinder is appropriate?
Before the trial
Why may the defense argue against joinder?
The jury may not consider the criminal acts separately.
The right to a grand jury can be found in which constitutional amendment?
Fifth
Nowadays, grand jury operations are:
closely tied to the prosecutor
Which of the following statements is true concerning grand juries?
Several states require grand jury indictments for felonies
, A criminal charge filed by a grand jury is known as a(n):
None of the above
Grand jury indictments will be the charging mechanism of choice when:
All of the above
What is the size of the typical grand jury?
16 - 20 people
Which of the following statements is most true concerning grand jury voting
requirements?
Voting requirements differ by state.
When a grand jury decides there is enough evidence for an indictment, it issues
a(n):
true bill
Which of the following is NOT a reason for grand jury secrecy?
To protect powerful people from damaging public prosecution
Which of the following are rights enjoyed by people who are under grand jury
investigation?
None of the above
A grand jury subpoena ad testificandum
compels a witness to appear before the grand jury
What can a grand jury do to people who fail to appear when requested?
All of the above
Grand juries are _________ ordinary trial (petit) juries.
Larger than
Grand jury proceedings are:
intensely secretive
The reasons for grand jury secrecy include each of the following, EXCEPT:
To preserve testimony for trial
The right to counsel for persons accused in criminal prosecutions:
All of the above
The right to counsel in criminal prosecutions has both _______________ and
Sixth Amendment origins
due process
Approximately what percent of criminal convictions in the United States result
from plea bargaining?
90%
Plea bargaining was addressed by the courts as early as:
1804
According to the Supreme Court, the defendant is protected by which
constitutional amendment(s) during the plea bargaining process?
Sixth
Which of the following is NOT an argument in support of plea bargaining?
Allows the prosecution to "overcharge"
Which of the following is NOT an argument against plea bargaining?
Saves judicial resources
Which of the following is a criticism of plea bargaining?
All of the above are criticisms of plea bargaining
Verified Solution
Which of the following is NOT a reason for failing to prosecute?
Defendant's political connections
Prosecutors are part of what branch of government?
Executive
Who can challenge a state prosecutor's decision NOT to file a case?
Attorney General
If a prosecutor's decision to bring charges is discriminatory in nature, this is
known as:
selective prosecution
Prosecution that impacts certain groups (e.g., minorities) only becomes selective
when it is:
intentional
The courts consider which of the following in deciding whether a prosecution is
selective?
All of the above
If a prosecutor's charging decision is motivated by revenge, this is known as:
vindictive prosecution
The recourse for dealing with overzealous prosecutors includes which of the
following state bar consequences?
All of the above
If joinder is inappropriate, what is required?
Severance
According to the Federal Rules of Criminal Procedure, when can multiple charges
be brought against the same individual?
All of the above
When a prosecutor charges an individual simply because the individual is
exercising his or her constitutional rights, it is known as ___________________
prosecution.
vindictive
In Yick Wo v. Hopkins, the Supreme Court addressed the issue of:
selective prosecution
When is the best time to resolve the question of whether joinder is appropriate?
Before the trial
Why may the defense argue against joinder?
The jury may not consider the criminal acts separately.
The right to a grand jury can be found in which constitutional amendment?
Fifth
Nowadays, grand jury operations are:
closely tied to the prosecutor
Which of the following statements is true concerning grand juries?
Several states require grand jury indictments for felonies
, A criminal charge filed by a grand jury is known as a(n):
None of the above
Grand jury indictments will be the charging mechanism of choice when:
All of the above
What is the size of the typical grand jury?
16 - 20 people
Which of the following statements is most true concerning grand jury voting
requirements?
Voting requirements differ by state.
When a grand jury decides there is enough evidence for an indictment, it issues
a(n):
true bill
Which of the following is NOT a reason for grand jury secrecy?
To protect powerful people from damaging public prosecution
Which of the following are rights enjoyed by people who are under grand jury
investigation?
None of the above
A grand jury subpoena ad testificandum
compels a witness to appear before the grand jury
What can a grand jury do to people who fail to appear when requested?
All of the above
Grand juries are _________ ordinary trial (petit) juries.
Larger than
Grand jury proceedings are:
intensely secretive
The reasons for grand jury secrecy include each of the following, EXCEPT:
To preserve testimony for trial
The right to counsel for persons accused in criminal prosecutions:
All of the above
The right to counsel in criminal prosecutions has both _______________ and
Sixth Amendment origins
due process
Approximately what percent of criminal convictions in the United States result
from plea bargaining?
90%
Plea bargaining was addressed by the courts as early as:
1804
According to the Supreme Court, the defendant is protected by which
constitutional amendment(s) during the plea bargaining process?
Sixth
Which of the following is NOT an argument in support of plea bargaining?
Allows the prosecution to "overcharge"
Which of the following is NOT an argument against plea bargaining?
Saves judicial resources
Which of the following is a criticism of plea bargaining?
All of the above are criticisms of plea bargaining
