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