Exam 8: Trial Defense and Prosecution

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Laws under which conviction for a third felony results in an extended sentence,up to life imprisonment are called __________.

(Multiple Choice)
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A major issue for criminal defense is the tendency to focus on the __________ rather than on the criminal act.This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense.

(Multiple Choice)
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The Sixth Amendment to the U.S.Constitution guarantees the right of accused persons to have the assistance of ___________.

(Short Answer)
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A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act.Why is this an issue and what has this led to?

(Essay)
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The scope of the right to counsel has been defined by the U.S.Supreme Court in a series of cases involving the interpretation and application of the Sixth Amendment.

(True/False)
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Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication are called __________.

(Multiple Choice)
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States do not vary in how they pay for indigent defense.

(True/False)
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Plea bargaining occurs when a prosecutor agrees to press a less serious charge,drop some charges,or recommend a less severe sentence if the defendant agrees to plead guilty.

(True/False)
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The __________is an act requires that all criminal cases be brought to trial within one hundred days;if they are not,they will be dismissed.

(Short Answer)
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The vast majority of public defender officers use formal criteria to determine if a defendant qualifies as __________ and is eligible for public representation.

(Multiple Choice)
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A __________ is a paralegal employed by prosecutors,defense attorneys,and law firms to assist in the preparation of civil and criminal cases.

(Multiple Choice)
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Several cities use a __________,in which the prosecutor,the defendant,the defendant's counsel,and the judge meet before a trial to discuss a plea.The arresting officer and the victim are invited to attend these sessions.No plea negotiations can take place outside this setting;and no plea negotiations are admissible as evidence if a trial eventually results,so as not to prejudice a judge or jury.

(Short Answer)
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The term __________ refers to case attrition,in which arrests do not result in convictions for various reasons.

(Short Answer)
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A ___________ coordinates and provides services to victims and witnesses by providing information,counseling,or other support services.

(Multiple Choice)
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Match the career in adjudication to its description.
Forensic scientist
Represents a jurisdiction (district or commonwealth) in bringing charges against accused persons arrested by the police.
Prosecuting attorney
Paralegal employed by prosecutors, defense attorneys, and law firms to assist in the preparation of civil and criminal cases.
Defense attorney
Represents accused persons in court proceedings.
Correct Answer:
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Responses:
Forensic scientist
Represents a jurisdiction (district or commonwealth) in bringing charges against accused persons arrested by the police.
Prosecuting attorney
Paralegal employed by prosecutors, defense attorneys, and law firms to assist in the preparation of civil and criminal cases.
Defense attorney
Represents accused persons in court proceedings.
Victim and witness assistant
Coordinates and provides services to victims and witnesses by providing information, counseling, or other support services.
Judge or magistrate
Upholds rights of the accused, arbitrates between the prosecution and the defense in a criminal case. Also instructs juries, rules on issues of law and procedure, may decide on a sentence.
Legal assistant
Studies and reports on criminal evidence used in adjudication (DNA, drugs, blood, hair, fingerprints, fibers, documents, residue from bullets and explosives).
(Matching)
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The right to __________ is a Sixth Amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.

(Multiple Choice)
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Overreliance on plea bargaining can result in its abuse.

(True/False)
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Prosecutors are not granted considerable discretion in the manner in which they enforce the law.

(True/False)
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Courts with low caseloads have been found to have lower plea rates than courts with high caseloads.

(True/False)
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What is a pretrial settlement conference and how is it utilized? Please explain.

(Essay)
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