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Criminal Law
Q:
The police suspect that a store is illegally selling illicit drug paraphernalia. A plain clothes detective working undercover enters the store, purchases items, leaves the store, and comes back with a search warrant for the store and an arrest warrant for the store's owner. In terms of the Fourth Amendment, the initial possession of the goods by the police _____.
a. constituted a search, but not a seizure
b. constituted both a search and seizure
c. did not constitute a search or a seizure
d. constituted a seizure, but not a search
Q:
Henry Fielding completely reengineered the New York City Police Department to make reducing crime its primary objective.
Q:
The U.S. Supreme Court has defined a "search" to occur when _____.
a. here is a meaningful interference with possessory interests in property
b. an individual has a subjective expectation of privacy and the expectation of privacy has been infringed upon
c. an individual has a subjective expectation of privacy that society considers reasonable and the privacy expectation is infringed
d. an officer collects any evidence against a person regardless of circumstance
Q:
The Praetorian Guard could be considered the first actual police officers.
Q:
The Katz v. United States (1967) case _____.
a. expanded Fourth Amendment protections
b. did away with the idea of "reasonable expectation of privacy"
c. broadened search to include interference with possessory interests
d. restricted the ability of defendants to argue privacy violations occurred
Q:
The Katz v. United States (1967) case is known for establishing that the Fourth Amendment protects _____.
a. people, not places
b. both drivers and passengers of a vehicle
c. places, but not people
d. neither people or places
Q:
In the first half of the 2000s, crime continued to soar nationwide even though the police adopted or continued aggressive crime-fighting techniques.
Q:
The USA Patriot Act gave law enforcement new ability to search, seize, detain, or eavesdrop in their pursuit of possible terrorists.
Q:
The change from viewing the Fourth Amendment as law that protected property to a view that the law protected persons was prompted by cases that concerned _____.
a. standing to claim the protection
b. vehicular stops and searches
c. electronic surveillance
d. public stops and pat-downs
Q:
In early U.S. colonial society, citizens were responsible for protecting themselves and maintaining an orderly society.
Q:
The police represent the military power of government.
Q:
The common law approach to applying the Fourth Amendment to particular cases was to focus on whether _____.
a. the subjective privacy rights of the individual had been violated
b. law enforcement used force during a search and/or seizure
c. the government agent intentionally violated the constitutional protection
d. there was a physical intrusion into a constitutionally protected area
Q:
Highlight the difference between venue and jurisdiction.
Q:
Early American police were responsible for cleaning streets, caring for the homeless, and operating emergency ambulance services, in addition to their law enforcement duties.
Q:
Explain what is meant by the term "demonstrative evidence."
Q:
Detail the exceptions to the exclusionary rule and provide an example of each.
Q:
London's first large-scale, civil police department consisted of approximately l,000 men.
Q:
The man who is credited with establishing London's first large-scale, civil police department in 1829 was Sir Robert Peel.
Q:
What is derivative evidence? Provide an example.
Q:
What is the meaning of the term "new federalism"? Provide an example of "new federalism" in action.
Q:
Vigiles were originally firefighters in early times and were eventually given law enforcement responsibilities.
Q:
Explain the notions of burden of persuasion and burden of production.
Q:
Compare and contrast direct evidence and circumstantial evidence. Provide an illustration of how a single piece of evidence can be direct evidence in one instance and circumstantial evidence in another instance.
Q:
Outline the stages of the criminal justice system, from arrest through arraignment, as they would normally occur.
Q:
Draw a schematic diagram comparing the federal court system to your state's system. Describe the differences in the diagram of your state system against the text's diagram of the federal court system.
Q:
Identify and describe the lowest level of criminal court in your state's system and describe the types of cases the court typically handles.
Q:
Information not contained in the body of the complaint, or that comes from witnesses other than the complainant, may be brought to the court's attention in the form of a(n) ______________.
Q:
The primary duty of the ______________ is to receive complaints in criminal cases, hear the evidence put forth by the state, and return an indictment when a majority of the grand jury is satisfied that there is probable cause that the defendant has committed an offense.
Q:
To challenge the admissibility of evidence and potentially have evidence excluded at trial, a defendant must first have ______________the ability to raise a legal claim.
Q:
A(n) ______________ is issued to a person accused of a crime to compel attendance at a criminal proceeding to answer to charges.
Q:
The prosecutor's failure to disclose evidence which would show the defendant to be not guilty is a violation of the ______________.
Q:
The main purpose of ______________ is to accept the defendant's plea.
Q:
The location of the court is referred to as the ______________.
Q:
An affidavit can be described as a ______________.
Q:
Criminal process against a felony defendant begins formally with the filing of a ______________.
Q:
The lowest level of criminal court in the federal system is the ______________.
Q:
Competency to stand trial can be raised at any point in the criminal process, even after a conviction.
a. True
b. False
Q:
The exclusionary rule applies to all errors stemming from police negligence in maintaining warrant databases.
a. True
b. False
Q:
The exclusionary rule will not be invoked in instances where a police officer acts in good faith in following what he or she believes to be the law.
a. True
b. False
Q:
The U.S. Supreme Court has not adopted a specific definition for the "beyond a reasonable doubt" standard.
a. True
b. False
Q:
The judicial process in the United States does not require proof to an absolute certainty in any phase of proceedings.
a. True
b. False
Q:
DNA evidence is, in all instances, direct evidence.
a. True
b. False
Q:
A plea of nolo contendere is an admission of guilt, but cannot be used against the defendant in a civil action.
a. True
b. False
Q:
The purpose of the grand jury is to reach a verdict in a criminal case.
a. True
b. False
Q:
In felony cases, the purpose of the initial appearance is to accept the defendant's plea.
a. True
b. False
Q:
If a criminal suspect is arrested without a warrant, the complaint serves as the charging document.
a. True
b. False
Q:
The U.S. Supreme Court ruled in Connick v. Thompson (2011) that a local municipality is not liable for a Brady violation unless _____.
a. the prosecutor knowingly violated office policy
b. the District Attorney's Office knowingly drafted a policy that violated Brady
c. there the individual defendant was clearly damaged in some way
d. there was a pattern of violations
Q:
Although civil lawsuits against state agents are one alternative to the exclusionary rule, _____.
a. civil lawsuits can only be filed by members of certain protected classes
b. police and other agents of the state are able to claim absolute immunity
c. police and other agents of the state are able to claim qualified immunity
d. police and other agents of the state are able to claim transactional immunity
Q:
Based on the concept of "new federalism," _____.
a. the federal law is always given authority over state law, even if the state law grants more freedoms and liberties to the individual
b. the state law is always given authority over federal law, regardless of which law grants more freedoms and liberties
c. the federal law is given authority over state law, unless the state law grants more freedoms and liberties to the individual
d. federal law is given authority over state law, unless the state law grants additional authority to the state government that is not recognized by the U.S. Constitution
Q:
The exclusionary rule requires that _____
a. unambiguous evidence of prosecutorial misconduct be presented
b. demonstration that the evidence was maliciously obtained
c. the prosecutor be willing to stipulate the evidence was illegally obtained
d. the defendant's Fourth, Fifth, or Sixth Amendment rights have been violated
Q:
A patrol officer is chasing a suspect fleeing from an armed robbery in which the suspect fired a pistol. The suspect flees into his own home, where the officer enters and arrests the suspect. An immediate search of the suspect reveals an empty shoulder holster. Without advice of rights, the officer asks the suspect the whereabouts of the gun. The suspect states that he threw it into the trash bin as he ran through the house. The weapon is found. The _____ exception would probably form the most effective legal argument to make the gun admissible at trial.
a. derivative evidence
b. good faith
c. inevitable discovery
d. attenuation
Q:
Police with probable cause to believe that a warehouse contains marijuana unlawfully enter the warehouse and observe marijuana. The officers leave and obtain a search warrant using their original probable cause, not their unlawful observations. The best chance for the prosecutor to have the evidence be admissible would be under which exception?
a. the attenuation exception
b. the independent source exception
c. the inevitable discovery exception
d. the good faith exception
Q:
Which statement most accurately describes the "inevitable discovery" exception to the exclusionary rule?
a. If the government can show that the discovery of the tainted evidence was inevitable, the evidence will be admissible, even though it was initially illegally obtained.
b. If the defense can show that the evidence was obtained in violation of the Constitution, that evidence is not admissible, even though the contested evidence would have been discovered by lawful means in the absence of police misconduct.
c. The exclusionary rule does not apply if the officer made an illegal search but later obtained a search warrant that particularly described the evidence seized.
d. If the inevitable discovery exception is to apply as an exception to the exclusionary rule, the government must show beyond a reasonable doubt that the contested evidence would have been discovered by lawful means.
Q:
Police interrogate a suspect who tells police where a stash of illegal drugs is hidden which are then seized by the police. The drugs are best classified as _____.
a. primary evidence
b. derivative evidence
c. circumstantial evidence
d. fruit of the poisonous tree
Q:
To challenge the admissibility of evidence, a defendant must ______.
a. have legal representation because only lawyers can make challenges
b. have exhausted all appeals because challenges can only be made in appeals
c. have standing, which refers to the ability to raise a legal claim
d. get permission from the prosecution which must be in writing
Q:
What rule of law can potentially work to admit illegally obtained evidence that might otherwise be excludable?
a. fruit of the poisonous tree doctrine
b. preponderance of evidence
c. probable cause
d. good faith exception
Q:
What rule of law requires exclusion of tainted evidence even if it is relevant?
a. the exclusionary rule
b. good faith exception
c. attenuation doctrine
d. probable cause
Q:
The exclusionary rule _____.
a. applies to evidence seized by both the police and private citizens
b. was designed to deter police misconduct
c. is a rule that is explicitly stated in the Fourth Amendment
d. has always applied to both state and federal criminal proceedings
Q:
The exclusionary rule _____.
a. does not exclude evidence that could have been later obtained from an independent source
b. automatically excludes all evidence seized in violation of the U.S. Constitution
c. applies only to federal criminal trials, but not state trials
d. is a rule that is explicitly stated in the Fourth Amendment
Q:
Circumstantial evidence _____.
a. indirectly infers a fact at issue
b. directly establishes a fact at issue
c. can be physical, tangible evidence, but not testimonial evidence
d. can be testimonial evidence, but not physical, tangible evidence
Q:
Competency to stand trial _____.
a. must be determined before an individual can be arraigned
b. may be raised at any point during the trial but before a verdict is rendered
c. must be raised prior to any evidence being hears
d. may be raised at any point of the proceedings, including after conviction
Q:
When a defendant stands mute, a plea of _____ is entered on his or her behalf.
a. not guilty
b. guilty
c. nolo contendere
d. innocent
Q:
The main purpose of the arraignment is to _____.
a. indict the defendant
b. accept a plea from the accused
c. set bail for the accused
d. determine probable cause
Q:
Evidence that may be favorable to the defendant at trial by tending to cast doubt on the defendant's guilt is called _____.
a. error-prone evidence
b. circumstantial evidence
c. exculpatory evidence
d. impeachment material
Q:
What limitation is placed on a prosecutor's discretion to file charges and to make a determination about what offense to charge?
a. The prosecutor must have an established record of making the same decision in substantively similar cases.
b. The prosecutor must have probable cause to believe the defendant committed the charged offense.
c. The evidence relied on by the prosecution must not be based entirely upon circumstantial evidence.
d. The prosecutor must have reasonable suspicion to believe the defendant committed the charged offense.
Q:
The defendant's plea is requested at the _____.
a. indictment
b. preliminary hearing
c. initial appearance
d. arraignment
Q:
A(n) _____ can be issued without demonstrating probable cause.
a. indictment
b. prosecutor's information
c. true bill
d. subpoena
Q:
Which term best defines the particular county or geographical area in which a court with jurisdiction may hear and determine a case?
a. first notice
b. venue
c. arraignment
d. geographic subdivisions
Q:
Which statement about plea bargaining is true?
a. A plea agreement is not a contract.
b. If the defendant breaches a plea agreement, the prosecution can pursue charges, but cannot pursue more serious charges than originally planned.
c. Very few cases are resolved through plea bargaining.
d. If the prosecution breaches a plea agreement, the defendant may be allowed to withdraw a guilty plea.
Q:
The purpose of the preliminary hearing is to _____.
a. try the defendant
b. accept the defendant's plea
c. determine the existence of probable cause
d. make a judgment on motions to suppress evidence
Q:
Prosecution is commonly termed _____ when a prosecutor increases the number or severity of charges to penalize a defendant who exercises constitutional or statutory rights.
a. vindictive
b. selective
c. righteous
d. malicious
Q:
When the United States Supreme Court grants a writ of certiorari, this means that the Court is _____.
a. taking original jurisdiction over the case
b. obligated to review the case
c. willing to review a case decided by a lower court
d. willing to retry the case
Q:
A court which can try any type of case has _____.
a. limited jurisdiction
b. appellate jurisdiction
c. general jurisdiction
d. certiorari
Q:
In order of authority from lowest to highest, the structure of the federal court system is _____.
a. US Court of Appeals, US District Court, US Supreme Court
b. US District Court, US Superior Court, US Supreme Court
c. US Circuit Court, US District Court, US Supreme Court
d. US District Court, US Court of Appeals, US Supreme Court
Q:
A court with only appellate jurisdiction has the authority to _____.
a. retry a case
b. review the evidence to determine facts
c. review the legal issues of a case
d. review only plain error
Q:
A court's authority to hold a trial is its _____.
a. venire
b. original jurisdiction
c. appellate jurisdiction
d. venue
Q:
Explain the importance of the Fourteenth Amendment and the right to due process.
Q:
Describe the function of a judicial review. Be sure to include important documents/cases that legitimize the notion of judicial review.
Q:
Explain the importance of subpoenas and compulsory process to a criminal trial.
Q:
Provide an example in which double jeopardy might "˜attach" in a jury trial and a nonjury trial.