The Initiation of the Legal Process, Bail, and the Right to Counsel MCQ
_____ is known as prosecution in violation of the Due Process Clause of the Fifth and Fourteenth Amendments, which protect individuals who assert their constitutional or statutory rights from retaliation in the form of having more serious charges brought against them.
Answer
Correct Answer:
Vindictive prosecution
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_____ is defined as bond posted by a bail bondsman indicating his or her promise to pay a defendant’s bail in the event that the defendant does not appear for trial.
Answer
Correct Answer:
Surety bond
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_____ is pretrial release based on a promise to appear for trial.
Answer
Correct Answer:
Release on recognizance
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Is probable cause hearing a hearing to determine whether there is probable cause to detain a suspect?
Answer
Correct Answer:
True
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_____ is known as latin for “on his or her own”; individuals act pro se who represent themselves at trial.
Answer
Correct Answer:
Pro se
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_____ is defined as the holding of an individual without the option to post bail, used where defendants pose a flight risk or a risk to the community.
Answer
Correct Answer:
Preventive detention
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_____ is pretrial release of a defendant based on payment of a fixed amount of money.
Answer
Correct Answer:
Money bail
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Is ineffective assistance of counsel term to describe a lawyer’s performance that falls below the range of reasonably effective competence and affects the outcome of the trial?
Answer
Correct Answer:
True
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_____ is known as an individual who is unable to afford a lawyer and who is entitled to the appointment of a lawyer at public cost.
Answer
Correct Answer:
Indigent
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_____ is defined as following an arrest, a suspect’s initial appearance before a judge for the determination of probable cause, to be informed of his or her rights, for decisions to be made on pretrial release and bail, and for the appointment of an attorney (for indigents).
Answer
Correct Answer:
First appearance
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_____ is those phases of the prosecution that may negatively impact the defendant’s ability to present a defense at trial and at which the presence of an attorney would safeguard the defendant.
Answer
Correct Answer:
Critical stages of the prosecution
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Is complaint a prosecutor’s filing of a sworn statement charging a defendant with a specific offense or offenses?
Answer
Correct Answer:
True
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_____ is known as clause in the Eighth Amendment that prohibits the requirement of excessive bail.
Answer
Correct Answer:
Bail Clause
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_____ is defined as release prior to trial typically based on the payment of 10 percent of a fixed bail amount.
Answer
Correct Answer:
Bail
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All defendants who are entitled to counsel are entitled to ______ counsel.
Answer
Correct Answer:
Effective
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A defendant who is unable to afford an attorney is said to be ______.
Answer
Correct Answer:
Indigent
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In which case did the U.S. Supreme Court incorporate the Sixth Amendment right to counsel to the states?
Answer
Correct Answer:
Gideon v. Wainwright
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What level of proof is required to hold a suspect over for trial?
Answer
Correct Answer:
Probable cause
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The assumption that prosecutors are acting constitutionally when determining which suspects to charge with which offenses is known as the presumption of ______.
Answer
Correct Answer:
Regularity
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The right to self-representation at trial can be denied if the defendant is sufficiently disruptive in court.
Answer
Correct Answer:
True
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Nonindigent defendants are able to select whomever they can afford to pay to represent them at trial.
Answer
Correct Answer:
False
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Indigent defendants possess the right to select their own counsel.
Answer
Correct Answer:
False
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The right to counsel is found in the Sixth Amendment.
Answer
Correct Answer:
True
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Nearly every state grants the right to pretrial release (i.e., bail) in all cases.
Answer
Correct Answer:
False
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The initial appearance occurs after the filing of a complaint.
Answer
Correct Answer:
True
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A probable cause hearing must be held after every arrest.
Answer
Correct Answer:
False
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Vindictive prosecution occurs when an individual is charged with an offense but there is not probable cause to support the charge.
Answer
Correct Answer:
False
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Unless there is clear evidence to the contrary, the courts presume that a prosecutor has acted fairly and responsibly in his or her charging decisions.
Answer
Correct Answer:
True
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The decision on what charge to bring against a suspect is made by the police officer leading the investigation.
Answer
Correct Answer:
False
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