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Multiple Choice Quiz
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1
Which of the following is NOT a major participant in the criminal judicial process of the United States?
A)the judge
B)the prosecutor
C)the defendant
D)the warden
E)the defense attorney
2
Which of the following is NOT a responsibility of an appeals judge?
A)deciding if the sentence is fair
B)determining whether the proper procedures were followed during the presentation of the appeal
C)presiding over oral arguments
D)negotiating a decision through vote, persuasion, or compromise in cases in which more than one judge hears the appeal
3
Which one of the following is NOT a role or responsibility of the prosecutor?
A)enforcing the law
B)representing the government in matters of law
C)representing the government and the people in matters of legislation and criminal justice reform
D)filing for an appeal in cases which the state loses
4
Which of the following is NOT one of the four types of concessions that a prosecutor or a judge may make during the plea bargaining phase?
A)the initial charges may be reduced, ensuring a reduction in the sentence
B)in instances of multiple charges, one or more of the charges may be dropped
C)dismissing the charges
D)recommendation for leniency, which may reduce the sentence from incarceration to probation
5
Which of the following is an advantage of plea bargaining for the state and not the accused?
A)it reduces the possibility of detention during excessive pretrial and trial processing
B)it improves the efficiency of the courts by having fewer cases go to trial
C)it increases the chance of a reduced sentence
D)none of the above
6
Which of the following is NOT included during the plea bargaining process?
A)the prosecutor
B)the defense counsel
C)the accused
D)the jury
E)the judge
7
In which case did the Supreme Court uphold the use of plea negotiating?
A)Brady v. the United States
B)Gideon v. Wainwright
C)Argersinger v. Hamilton
D)Johnson v. Zerbst
8
What is NOT a generally accepted function of the defense counsel?
A)representing the accused immediately after arrest
B)discussing the offense with the prosecutor to gain insight into the strength of the state's case
C)participating in jury selection
D)representing the accused at trial
E)posting bail for the accused
9
Which amendment spells out the right of the accused in all criminal prosecutions to have the assistance of counsel for his defense?
A)the Fifth
B)the Seventh
C)the Second
D)the Third
E)none of the above
10
Which of the following U.S. Supreme Court cases did NOT involve the due process clause of the Fourteenth Amendment?
A)Betts v. Brady
B)Johnson v. Zerbst
C)Gideon v. Wainwright
D)Powell v. Alabama
E)none of the above
11
The judge decides how cases brought by the police will be disposed of, which cases will be pursued through the courts, and whether the original charges may be reduced.
A)True
B)False
12
The judge has the right to overrule a prosecutor's choice of which cases not to bring to trial.
A)True
B)False
13
A large proportion of arrests is for dangerous crimes.
A)True
B)False
14
Aggressive use of pretrial motions can only hurt the successful defense of the accused.
A)True
B)False
15
In Alabama v. Shelton the U.S. Supreme Court held that a suspended sentence that may end up in the actual deprivation of a person's liberty may not be imposed unless the defendant was accorded "the guiding hand of counsel" in the prosecution for the crime charged.
A)True
B)False





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