Cj courts

All of the following answers are ABA canons for defense attorneys except:

A lawyer should refrain from overcharging a client

While juvenile offenders do not have a right to be tried by a jury of their own peers, they do have a right, as guaranteed by the 6th & 14th Amendments to the U.S. Constitution.

False

A defendant tells his attorney in confidence that he committed the crime alleged. The defense must:

Respect the confidentiality of the client and not report the crime

All of the following answers are functions of defense counsel except:

Seek acquittals for their clients no matter they are guilty or not

Personal bankruptcy petitions must be filed at:

United States Bankruptcy Courts

Justices of the California Supreme Court are

appointed by the governor subject to retention election every 12 years

Justices of the California Courts of Appeal are

appointed by the governor to a 12-year term subject to retention election

Faretta v. California

defendants can also represent themselves or proceed pro se (on his/her own behalf)

By law of the United States and of any state, the role of a grand jury is to

determine if there is probable cause to proceed with the criminal charges.

Superior Court judges in the State of California are

elected to a six-year term by the voters in their respective counties

The prosecutor is the MOST powerful member of the courtroom because:

he/she decides who to prosecute and what cases go to trial

Powell v. Alabama

under the due process clause of the 14th amendment, counsel must be guaranteed to everyone facing a possible death sentence, whether in state or federal court

In capital cases, California law allows both sides to exercise

20 peremptory challenges

While a state must have at least one United States District Court, it may not have more than _____ of such courts regardless of its population.

4

If a criminal jury is composed of 6 people (Bellew v. Georgia, 1978), _____ people have to agree to reach a verdict?

6

Colgrove v. battin

6 member juries are acceptable in civil cases

Which of the following amendments to the US constitution guarantees a suspect of crime the right to have the assistance of counsel in court?

6th amendment

Herring v. New York

A total denial of the opportunity for final summation in a nonjury criminal trial as well as in a jury trial deprives the accused of the basic right to make his defense, and a new york statute granting every judege in a non jury criminal trial the power to deny such summation before rendition of judgment denies the accused the assistance of counsel guaranteed by the 6th amendment of the constitution as applied against the states by the 14th.

Which of the following statements about capital murder convictions in the State of California is true?

All capital murder convictions are directly and automatically appealed to the California Supreme Court.

At trial, the prosecutor must prove, beyond a reasonable doubt, the defendant s motive for committing the crime for which he is being charged.

False

When an accused is acquitted by the jury, it means that he/she is indeed innocent of the crime for which he/she was charged.

False

all of the following answers are legal defenses to criminal liability except:

Ignorance of the law

If a trial jury is hung, members may be called back to serve in the same case in a subsequent trial.

No

When a case is accepted for review by an appellate court (in any state or at the federal level), the court has the discretion of retrying the case including hearing testimonies from new witnesses and reviewing newly discovered evidence

No

A person who is convicted of a criminal violation in the State of California has the right, as a matter of law, to have his conviction reviewed by the California Supreme Court.

No.

Which of the following statements about public defenders is true?

They are as competent as private attorneys

In Johnson v. Louisiana (1972), the United States Supreme Court held that a verdict reached by 9 out of 12 jury members was constitutional.

True

Baldwin v. new york

a potential sentence of more than 6 months in jail even for a petty offense, entitles you to an attorney

Which of the following statements about the BRADY RULE is true?

a prosecutor must disclose all evidence to the defense

All federal judges must receive

a simple majority vote In the United States Senate in order to be confirmed

Most cases reach the United States Supreme Court on

a writ of certiorari

argersinger v. hamlin

court appointed counsel must be provided to indigent defendants in any case (petty, misdemeanor, felony) for which imprisonment would be imposed

In McKeiver v. P.A. (1971), the United States Supreme Court ruled that

defendant, who is a minor and charged as one, is not entitled to a jury trial.

In Faretta v. California the US supreme court ruled that:

defendants of all offenses have the right to represent themselves in court

Blakely v. washington

held that, in the context of mandatory sentencing guidelines under state law, the 6th amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant

The majority of the cases handled by the 58 superior courts throughout the State of California are

infractions

The overwhelming majority of the cases filed in the 58 trial courts in California are

infractions.

In which of the following situation may a prosecutor be held criminally and civilly liable?

malicious prosecution

The standard for determining whether one should be granted a jury trial is whether the defendant stands a chance of receiving a sentence of:

more than six months

U.S. District Judges are

nominated by the President of the United States and confirmed by the United States Senate for life.

Nominees for federal judgeships are

normally political active and their ideologies align with the President s party

Gideon v. wainwright

right to counsel extends to states via due process clause 14th amendment. Selective application to only capital offenses not valid

Rompilla v. beard

the defense fell below reasonable performance and this failure was prejudicial towards rompilla he was warranted habeas corpus relief on grounds of ineffective assistance of counsel.

All of the following individuals are members of the courtroom working group except:

the jury

Strickland v. Washington

the leading case concerning attorney competence. The burden of proof rests with the petitioner

The number of federal trial courts, known as United States District Courts, a state may have is based on:

the population of the state.

The most common publicly appointed counsel system in the US is

the public defender system

Article II Section 4 of the United States Constitution delegates the power to remove federal judges

to the United Sates Senate by way of impeachment

Johnson v. louisiana

unanimous in capital cases but 9 in any other felony

Mckeiver v. P.A.

youths have no right to a trial jury

Which of the following answers is not an example of circumstantial evidence

an eyewitness who claimed that she saw the suspect fire six shots at the victim.

In argersinger v. hamlin, the US supreme Court ruled that:

any indigent defendant facing the possibility of imprisonment is entitled to the assistance of court appointed counsel as guaranteed by the 6th amendment to the US constitution

Prosecutors enjoy absolute immunity in all of the following situations except

when giving advice to law enforcement

All of the following answers are examples of prosecutorial misconduct except

Calls the defendant a cockroach during the closing argument

California judges, whose terms have not expired, can be removed from office only by

Commission on Judicial Performance

In which of the following cases did the United States Supreme Court extend the right to trial by jury to accused of crime in state courts?

Duncan v. Louisiana (1968

Which of the following statements best sums up what the legendary gerry spence said about american law schools in the video we watched?

Law schools are not producing competent trial lawyers because most law school professors are lawyers who have no trial experiences

The six Courts of Appeal in the State of California review only

all appeals from the 58 superior courts

While 50% of the states in America convene grand juries to hear evidence against defendants, California prosecutors seldom do so and instead use ____________ to determine whether there is probable cause to move cases to trial.

preliminary hearings

According to the ABA Code of Ethics for Prosecutors, when new or credible evidence creates a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor must:

promptly disclose that evidence to an appropriate court of authority

When a vacancy for United States District Judge becomes available, the ____________________ normally recommends a candidate to the President of the United States for confirmation by the United States Senate.

senior United States Senator of the President s party or a member of the House for the District who is in the President s party.

Trial courts in the State of California are known as

superior courts