CJ 202 Exam 2

Legal ethics are important because:

-They promote public respect for the legal system -Our legal system is an adversarial system and ethics are needed to regulate the verbal combat -Ethics protect clients by ensuring that they have competent attorneys

Chambers is:

A judge's office

Which of the following is not an example of a privileged communication?

A letter written by the defense attorney to the prosecutor seeking to enter plea negotiations

Which of the following is an example of a criminal justice professional using discretion?

A prosecutor decides to not pursue charges in a case because she feels that there is not enough evidence to prove the case beyond a reasonable doubt

Prosecutors engaging in prosecutorial functions in criminal matters, such as determining the appropriate charges and pursuing prosecution enjoy this type of immunity.

Absolute

Clive Criminal was arrested and charged for his crimes. He is upset that Peter Prosecutor charged him with the highest possible offenses and is seeking the maximum sentence. Clive attempts to civilly sue Peter, but Peter may not be sued under these circumstances because he is protected by:

Absolute immunity

Which of the following is not a potential negative consequence of a speedy trial violation?

Acquittal is more likely as more time passes

This organization is a national lawyers' organization that assists in screening nominees for the federal bench.

American Bar Association

A criminal defendant wishes to represent himself at his trial for capital murder. The court may:

Assign an attorney to assist him as needed

Attorneys are appointed to represent indigent clients on an as-needed basis under this system:

Assigned counsel

The person holding this office is the top prosecutor in the nation, head of the Department of Justice, and also a member of the President's cabinet.

Attorney General

Who heads the U.S. Department of Justice?

Attorney General

Contract system

Attorneys agree to take on a specified number of cases for a set fee

Assigned counsel

Attorneys are appointed on a case-by-case basis from a list of attorneys interested in providing representation to indigent defendants

Public defender

Attorneys are salaried employees who only handle court-appointed clients

Violations of the right to a speedy trial are evaluated based upon factors defined in this case.

Barker v. Wingo

Which of the following is not a method of appointing attorneys for defendants who cannot afford them?

Consignment

Which of the following persons is not considered a part of the courtroom work group?

Criminal defendant

In which of the following situations would a criminal defendant not have the right to court-appointed counsel?

Defendant is facing fines as the maximum penalty for the offense

The American Bar Association's Model Rules of Professional Conduct are a set of rules that regulate:

Ethical guidelines for lawyers

A characteristic that should not be taken into consideration in a case as it is not legally relevant is known as a/an:

Extra-legal factor

Which of the following is not part of a defense attorney's duties to his/her clients?

Getting the client acquitted of the charges

A prosecutor is an officer of the court, which means that they:

Have a duty to see that justice is done

Removal of sitting federal judges requires:

Impeachment in the House and conviction in the Senate

A criminal defendant who cannot afford to hire an attorney to represent him during the criminal process is considered:

Indigent

A pro se criminal defendant:

Is acting as his own attorney

Why is the Gideon v. Wainwright decision important?

It ensures that criminal defendants who cannot afford to hire an attorney will be provided one

gubernatorial appointment

Judges are selected by the governor of the state

A commission made up of judges, lawyers, and prominent laypersons to investigate allegations of judicial misconduct is known as a/an:

Judicial conduct commission

merit selection

Judicial nominating commission selects qualified nominees and submits a list to the governor, who makes the final decision about who should receive the judgeship

Focal concerns theory can be used to explain:

Judicial sentencing decisions in criminal cases

This method of selecting judges is a type of merit selection.

Missouri Bar Plan

How are federal prosecutors selected?

Presidential appointment

How are federal judges selected?

Presidential appointment with senatorial confirmation

Legal ethics are regulated through the Model Rules of:

Professional Responsibility

Which of the following is not a component of focal concern theory?

Proportionate punishment

In a criminal case, the government is represented by the:

Prosecutor

The handling of the Duke University lacrosse team rape case is an example of this type of legal misconduct.

Prosecutor

Who is responsible for making charging decisions?

Prosecutor

An attorney who is employed full-time by the government to provide criminal defense representation to clients who cannot afford to hire an attorney is known as a/an:

Public defender

Prosecutors are shielded from civil liability for acts beyond those associated with courtroom advocacy but still within the scope of their professional duties through:

Qualified immunity

Which of the following is not typically a factor that should be considered in charging decisions?

Race of the defendant

What is the prosecutor's primary function?

Seek justice

Criminal defendants have the right to counsel, a right conferred by the:

Sixth Amendment

The right to be represented by counsel at all stages of criminal prosecution comes from the:

Sixth Amendment

Federal or state statutes that specify time limits for bringing a case to trial after arrest are known as:

Speedy trial laws

Claims of ineffective assistance of counsel are evaluated using the standard established in:

Strickland v. Washington

Who is represented by the prosecutor in a criminal case?

The government

Impeachment is:

The rough equivalent of a grand jury indictment

What is the main reason that assembly-line justice exists?

There is a large volume of cases that need to be heard

A major drawback of granting a large amount of discretion to criminal justice professionals is that:

There is an increased chance of misconduct

An attorney who represents an indigent defendant under the contract system:

Typically works in smaller counties

Federal prosecutors hold this job title.

U.S. Attorney

Prosecutors at the federal level are referred to as:

U.S. Attorneys

Who is responsible for representing the executive branch of the federal government in its cases before the U.S. Supreme Court?

U.S. Solicitor General

nonpartisan election

Voters select judges whose names are listed on the ballot without a political party designation

partisan election

Voters select the judges and are able to view candidates' political party affiliation on the ballot

Which of the following legal issues were not discussed in this chapter?

Whether assigning counsel satisfies the right to an attorney of one's choosing

prosecutor

attorney who is employed to represent the government in court

court reporter

create a verbatim record of the proceedings

This term is best defined as the lawful ability of an agent of government to exercise choice in making a decision.

discretion

How are most state court judges selected in the United States?

election

The study and analysis of what constitutes good or bad conduct is known as:

ethics

true or false? A criminal defendant must prove his or her innocence at trial.

false

true or false? Judges are not subject to ethical rules and regulations because the job of being a judge is very different from being an attorney.

false

true or false? Representing oneself at trial is not a constitutionally protected right.

false

true or false? The speedy trial clause of the Constitution requires that every trial be held within 180 days of charges being brought.

false

Senatorial courtesy is often employed to assist presidents with selecting:

federal judges

clerk of court

maintaining court records

baliff

maintains order in the courtroom

Louisiana uses this method to select judges.

partisan election

law clerk

performs legal research

judge

presides over courtroom proceedings

A judge may not hold public office after:

removal

Through this process, new court workers become familiar with their workplace and learn both the formal and informal rules of the courthouse.

socialization

In gubernatorial appointments, judges are appointed by:

the governor

true or false? Judges are important for the enforcement of legal ethics.

true

true or false? Judges are members of the courtroom work group.

true

true or false? Judicial performance evaluations are an important tool for maintaining judicial accountability because they can be used by voters to make informed decisions in judicial retention elections.

true

true or false? Prosecutors enjoy a large amount of discretion in the discharge of their duties.

true