Prosecution
True or False: Preponderance of the evidence is a more difficult burden of proof to meet than beyond a reasonable doubt.
False
_________________ refers to the defendant’s relevant legal capacities after the crime (e.g., for the trial).
Competence
During the arraignment process
A. the suspect is arrested.
B. the suspect enters a plea.
C. the suspect is allowed one phone call.
D. the suspect decides whether to accept a plea bargain.
The suspect enters a plea
True or False: Joint custody has been found to result in better adjustment and interpersonal relations for children.
True
Historically, the law has been reluctant to compensate for which of the following?
A. destruction of personal property
B. physical injuries
C. emotional distress
D. slander
emotional distress
Tracey has been charged with murder and is scheduled to go to trial. She cannot afford to post bail, and has had to remain in jail awaiting trial. As one in the unfortunate position of being detained in jail awaiting trial, she is ____________________ than those who can afford bail. (Choose all that apply)
A. more likely to plead guilty
B. more likely to be convicted
C. more likely to receive a longer sentence
A. more likely to plead guilty
B. more likely to be convicted
C. more likely to receive a longer sentence
Currently when one is evaluating competence, what really matters is
whether or not a defendant has the ability to participate knowingly and meaningfully in the proceedings and assist the defense attorney.
The initial appearance must take place soon after arrest because extended detention of those charged with a crime violates which of the amendments?
The Fourth Amendment
Which of the following factors is not indicated by the Uniform Marriage and Divorce Act to be considered when evaluating the best interests of a child for purposes of custody?
a. wishes of the parents
b. child’s adjustment at home and school
c. wishes of the child
d. financial earnings of the parents
financial earnings of the parents
Competency to execute a will does which of the following? (Choose all that apply)
a. requires a lesser threshold than other competencies.
b. refers to an individual’s functional abilities at the time the will was drafted.
c. requires a testator to know the nature and extent of their property
requires a lesser threshold than other competencies.
refers to an individual’s functional abilities at the time the will was drafted.
requires a testator to know the nature and extent of their property
Deinstitutionalization has been linked to higher rates of ______________ for the mentally ill. (Choose all that apply)
a. substance use
b. unemployment
c. incarceration
a. substance use
b. unemployment
c. incarceration
The standard for competence to stand trial was defined by the U.S. Supreme Court in which case?
Dusky v. United States (1960)
A defense concerned about pretrial publicity is likely to request which type of motion?
a motion for a change of venue
_____________________custody typically refers to the living arrangement for the affected children.
Physical Custody
Which Supreme Court case ruled that mental illness and a need for treatment are not sufficient justifications for the involuntary commitment for those not dangerous?
O’Connor v. Donaldson (1975)
A cross-examination that has effectively called into question the credibility of a witness may be said to have _________________ the witness.
Impeached
A defendant who pleads guilty waives a variety of constitutional rights. Which Supreme Court case ruled that this waiving of rights must be knowing, intelligent and voluntary?
Johnson v. Zerbst (1938)
Barbara has been charged with murder, and has been indicted. She is now before the judge and she is asked to plead guilty or not guilty. Which step of the criminal process is Barbara currently completing?
Arraignment
Most child custody evaluations include (Choose all that apply)
a. observation of interactions between child and parents.
b. standardized testing of parents and children.
c. interviews of persons who have had opportunities to observe the parents and children and family.
a. observation of interactions between child and parents.
b. standardized testing of parents and children.
c. interviews of persons who have had opportunities to observe the parents and children and family.
The question of civil competence focuses on whether a person ___________.
has the capacity to understand information relative to decision making in a given situation and make an informed choice about what to do in that situation.
Why do lawyers tend to prefer mediation to arbitration or a trial?
Lawyers like the idea that disputes are settled by them rather than decided for them.
In Kumho Tire Co., Ltd. v. Carmichael (1999), the U.S. Supreme Court ruled that _____________.
opinions tied to the technical or professional skills of practitioners and clinicians must rely on methods and knowledge that are scientifically based
What is a motion in limine?
A request for a pretrial ruling
_____________________________ custody concerns who is responsible for decision-making regarding the children
Legal Custody
Doug is a plaintiff in a law suit against his company. His lawyer thinks that they have a good chance of winning, and Doug has been getting excited by the prospect of a large award. In fact, he is so excited that he has been exaggerating the seriousness of his complaints. Another word for what Doug is doing is
Malingering