Criminal Procedure - Ch. 10 - 11
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- 1.1. Our justice system is known as an adversarial system which means that
- A.
There are two sides.
- B.
An agreement may be made with the adversary for plea-bargaining.
- C.
The jury system is adverse to a court trial.
- D.
In most trials the judge is adverse to one side or the other.
- 2.A trial judge has the duty to see that the
- A.
Defendant gets a perfect trial.
- B.
Defendant gets a fair trial.
- C.
Defendant's interests are protected when there is a not guilty finding.
- D.
Defense witnesses do not commit perjury.
- 3.A trial judge may hold a person in direct contempt when
- A.
The person fails to obey a written order from the court.
- B.
The person fails to appear in court when so ordered.
- C.
The person commits an act of misconduct in open court before the judge.
- D.
All of the above situations.
- 4.In which case listed below did the U.S. Supreme Court establish the principle that indigent defendants have the right to an appointed attorney in all felony cases (and misdemeanor which include possible incarceration)?
- A.
Brady v. Maryland
- B.
Gideon v. Wainright
- C.
Brown v. Topeka Board of Education
- D.
Argersinger v. Hamilin
- 5.Which amendment to the U.S. Constitution provides that a defendant has the right to counsel in criminal prosecutions?
- A.
First Amendment
- B.
Second Amendment
- C.
Fourth Amendment
- D.
Sixth Amendment
- 6.Which of the following statement is true? The privileged communication between a defense attorney and his client:
- A.
Makes the defense attorney unable to report a crime his client has told him, he plans on committing tomorrow.
- B.
Requires the defense attorney to tell the judge in open court all crimes the defendant has told him he has ever committed.
- C.
Prohibits the defense attorney from telling anyone including the court about the location of a dead body his client hid.
- D.
Requires the defense attorney to tell the judge about the location of a dead body but only in chambers outside of the presence of the jury.
- 7.Please mark either True or False. The Supreme Court has held that the Sixth amendment right to counsel allows a defendant to proceed pro se, that is, to represent himself or herself without counsel.
- A.
True
- B.
False
- 8.Please mark either true or false. Unlike the defense attorney, who is concerned with justice, truth, and fairness, the prosecutor's obligation as established by the American Bar Association's General Standards of Conduct is to use all of his or her courage, devotion, and skills to protect the rights of the accused.
- A.
True.
- B.
False.
- 9.True or false. Attorneys, as well as their clients, may be held in contempt of court.
- A.
True.
- B.
False.
- 10.Which of the following types of misconduct might cause one to be held in contempt of court?
- A.
Insulting the judge.
- B.
The prosecutor and the defense attorney insulting each other.
- C.
Any act that embarrasses the court.
- D.
All of the above.
- E.
Only A and C.
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