Crim Ch 11

________ compels a witness to appear before the grand jury.

A subpoena ad testificandum

Alicia is called for jury duty. Her sister, Jana, was called for jury duty and was placed on a grand jury last year. Which is true of their experiences?

Alicia will be part of a jury that hears a case that has passed the grand jury phase, whereas Jana was part of a jury that determined if evidence in a case was sufficient to go to trial.

_____________refers to the grand jury's authority to hold people in contempt of court for failing to appear before it.

Contempt power

In which case did the Court hold that the right to counsel extends to convicted indigents for appeals to which the individual is legally entitled?

Douglas v. California (1963)

Peter was appointed as Daniel's attorney as Daniel was indigent. Daniel was accused of selling stolen electronic appliances. During the course of the trial, Peter left out significant details that could have led to Daniel's acquittal. Under which of the following can Daniel file an appeal to the court?

Effective assistance of counsel

In which case did the Court hold that there is no right to have counsel present during a psychiatric evaluation?

Estelle v. Smith (1981)

Seth is a drug dealer and was asked to testify at a grand jury proceeding against the person who supplies him with drugs. In exchange for his testimony, the grand jury guaranteed that his testimony will not be used against him as evidence. Which of the following actions of the grand jury is described in this scenario?

Grant of immunity

Which is true of the Sixth Amendment and the right to counsel?

It only guarantees the assistance of counsel and not necessarily representation by counsel.

Which describes the importance of Gideon v. Wainwright (1963)?

It was a case that established that right to counsel was required at the state level.

Which is true of the grand jury?

Its contempt power allows it to impose civil and criminal sanctions on the individual.

Hannah was charged with homicide. The prosecutor also charged her with breaking and entering. Which of the following would aptly describe the actions of the prosecutors?

Joinder

Which case first established the right to counsel for indigent or impoverished defendants?

Powell v. Alabama (1932)

________ refers to a situation where the prosecutor lacks the evidence to charge someone with a particular crime and so charges him or her with a lesser crime.

Pretextual prosecution

The decision in Oyler v. Boles (1968) began a three-pronged test to determine selective prosecution. Which three things determine whether prosecution is selective?

Proof that similar individuals were not prosecuted; proof that the prosecutor's decision was purposefully intended; and proof that the decision was arbitrary, not rational

Chris is a college student with a 3.2 GPA and no prior arrests, when he is caught with two ounces of marijuana is his car, along with a digital scale. The prosecutor and police believe that the contraband found in his car belong to someone else, but Chris refuses to implicate anyone else. The prosecutor decides to press charges. Which best explains this situation?

Prosecutorial discretion

Peter has been arrested for shoplifting. He has not committed any offenses before this one. The prosecutor decides not to press charges against Peter. Which term best describes the prosecutor's actions in this scenario?

Prosecutorial discretion

Which scenario would best illustrate a pro se defense?

Ryan giving up his right to counsel and representing himself in court.

The grand jury is hearing a murder case and compels the production of a gun owned by a suspect. Which of the following terms refers to this order of the grand jury?

Subpoena duces tecum

The right to a grand jury is suggested in which constitutional amendment?

The Fifth Amendment

Which amendment to the U.S. Constitution provides the right to counsel?

The Sixth Amendment

At 95 years old, Ronaldo has served jury duty six times throughout his life but never once was called for participation in a grand jury. What is the most likely explanation for this?

There simply are not a lot of grand jury trials.

Which is true regarding grand jury proceedings?

They are intensely secretive

Which is true regarding state or federal prosecutors?

They have a significant amount of power in that they can ultimately decide whether or not a case will go to trial.

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

selective prosecution

A prosecutor is said to have engaged in selective prosecution by violating the Fourteenth Amendment's equal protection clause when ________.

the charges filed are discriminatory in nature

If a prosecutor's charging decision is motivated by revenge, this is known as _________.

vindictive prosecution