Instructions: For multiple-choice questions, circle the appropriate letter (e.g., "a", "b", "c", etc.). For true-false questions, circle "True" or "False."
In various common law jurisdictions, _____________ acts on behalf of the state in pressing charges against the accused. (fill in the blank)
a) Attorney
b) Prosecutor
c) Defendant
d) Witness
Which one of the following is generally one of the roles or responsibilities of a public prosecutor?
a) Managing information in order to prepare criminal cases
b) Representing the government in matters of law
c) Overseeing police investigations to ensure due process of law
d) All of the above
In many jurisdictions, prosecutors have powers on various matters including those relating to choosing whether or not to bring criminal charges. This power is known as _________. (fill in the blank)
a) Mitigation of punishment
b) Prosecutorial discretion
c) Plea bargaining
d) Witness protection
Which of the following accurately describes the adversarial process?
a) It is based on the notion that a case will unfold from a free and open competition between prosecution and defence over which side has the correct facts. The judge merely serves as referee in this contest.
b) It is based on the notion that truth in a case results from everyone working together; that it involves an investigation wherein the police, attorneys, and judges pool their efforts to determine what happened.
Common law courts conventionally operate within an _____________ legal system in which both sides, prosecution and defence, present their cases to a neutral judge.
a) Inquisitorial
b) Adversarial
c) Arbitrary
d) None of the above
Compared to common law jurisdictions, civil law countries often have few explicit policies to encourage persons who participated in the commission of serious offences to supply information to the authorities.
True
False
Which of the following does not apply to plea bargaining?
a) In a plea-bargaining settlement, the defendant may agree with the prosecutor to plead guilty to a particular charge in return for some concession from the prosecutor
b) Defendants can avoid the time and cost of defending themselves at trial
c) Plea bargaining allows for the judge to be actively involved in investigating the facts of the case
d) Plea bargaining allows prosecutors to obtain important information from defendants which could help them in prosecuting other cases
Mitigation of punishment is granted when ________. (fill in the blank)
a) Accused of a crime provides cooperation in the investigation or prosecution of a serious criminal offence
b) Evidence that might exonerate the defendant is presented
c) There is a likelihood of retaliation or intimidation against the defendant
d) Transactional immunity provisions are in place
One of the biggest problems with granting immunity from prosecution in exchange for a witness testimony is _______________. (fill in the blank)
a) Whether false promises are made
b) Whether the testimony is self-serving
c) Whether the testimony is given timely
d) Whether audio-video technology is used
Those who are often called "justice collaborators" are _________. (fill in the blank)
a) Informants
b) Witnesses
c) Prosecutors
d) Undercover law enforcement officers
[Answer key: 1. b; 2. d; 3. b; 4. a; 5. b; 6. true; 7. c; 8. a; 9. b; 10. a]
