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Home » Criminal Law » Page 42

Criminal Law

Q: Which of the following is NOT a responsibility performed by judges?a. setting bailb. issuing search warrants c. making arrestsd. scheduling hearings

Q: Which of the following statement is true regarding work as a judge?a. judges usually have very low caseloads b. the typical judge is a white femalec. all judges must have doctoral degrees to sit on the benchd. judges are usually able to set their own schedule and work hours

Q: What is the main purpose of drug courts?a. to mete out harsh punishments to drug offenders b. to teach children about the dangers of drug use c. to bring "drug kingpins" to triald. to help drug offenders overcome their addictions

Q: According to Cole and Smith, what is the biggest barrier to effective justice for state courts?a. lack of qualified judges b. too few courthousesc. not enough police officersd. the fragmented structure of the judicial system

Q: A court-appointed special advocate is someone who a. serves jury dutyb. acts as a judge in special courts c. has no official legal trainingd. must complete law school before serving

Q: Why would a local court want to implement a centralized court administration?a. it would avoid problems with jurisdictionb. it would reduce caseloadsc. it would not allow the political party in power to use those positions as "rewards" d. it would help to eliminate gender and racial bias in hiring

Q: According to the figure provided below, why is Georgia considered an "unreformed" court structure?a. it has neither reduced the number of courts nor standardized their names b. it has fewer trial courts of limited jurisdiction than Alaskac. it uses a non-standard name for the appellate courtsd. it uses a non-standard name for the trial courts of general jurisdiction

Q: According to your text's discussion on a unified court system, which of the following is NOT a goal of a unified court system?a. eliminate overlapping boundariesb. creating a hierarchical court structurec. having courts funded by local government d. creating a centralized court structure

Q: According to the diagram, which two courts can appeal directly to the Supreme Court of the United States?a. district courts and courts of limited jurisdictionb. circuit courts of appeals and trial courts of general jurisdiction c. circuit courts of appeals and appellate courts of last resortd. intermediate courts of appeals and district courts

Q: Which of the following are the three levels of state courts?a. appellate, district, limited jurisdictionalb. appellate, general jurisdiction, limited jurisdiction c. limited jurisdiction, commercial, appellated. general jurisdiction, limited jurisdiction, district

Q: Which type of cases are heard in federal courts?a. only criminal cases b. only civil casesc. both criminal and civil cases d. only murder cases

Q: U.S. district courts exista. in only the ten largest statesb. to handle all criminal cases that arise in the countryc. share appellate responsibilities with state supreme courts d. to handle trial-level federal cases

Q: Brady has just been charged with murder in the first degree. His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail. His attorney feels like he can talk the prosecutor and judge into a 20 year sentence through a plea bargain, which will eliminate the chance of a life sentence.Brady will await his trial or plea agreement in jail. Which of the following is not a characteristic of those he is serving time with?a. substance abusers b. innocentc. guilty d. free

Q: Brady has just been charged with murder in the first degree. His previous record includes several drug charges and a sexual assault that is pending. Brady will not be released on bail. His attorney feels like he can talk the prosecutor and judge into a 20 year sentence through a plea bargain, which will eliminate the chance of a life sentence. Brady will not be released on bail and will await his trial on ________. a. house arrestb. preventive detentionc. paroled. prison

Q: Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent.The judge in Katie's case determine her bail amount based upon _________. a. cash bondsb. bail fundsc. detention guidelines d. bail guidelines

Q: Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent.Until Katie's family raises her bail, she will remain in _________. a. prisonb. jailc. probation d. parole

Q: Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent.Katie's family most likely would have to consult a __________in order to raise her bond. a. bond hearingb. bail bondsmen c. bail enforcerd. bond guard

Q: Katie has been charged with armed robbery. The judge has set her bail at $250,000. She is currently in jail awaiting a family member to raise her bail. This is Katie's first offense. She claims that she was forced to commit the crime because she could not pay her rent.Katie was charged with armed robbery at which point during the pretrial process?a. arrestb. bookingc. arraignment d. disposition

Q: Judge Brown has been a superior court judge for the seven years. He was the first one in his family to graduate college, much less law school. He is running for election without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying to cases, he feels that he just works out agreements with the defense and prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away.Judge Brown is up for reelection. His political affiliation is not listed on the ballot; therefore, he is running in a _________ election. a. partisanb. adversarial c. nonpartisan d. inquisitorial

Q: Judge Brown has been a superior court judge for the seven years. He was the first one in his family to graduate college, much less law school. He is running for election without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying to cases, he feels that he just works out agreements with the defense and prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away.Judge Brown spends significant time trying to work on plea agreements between prosecutors and defense attorneys. In this capacity, he works as a ________.a. administrator b. negotiatorc. adjudicator d. reconciler

Q: Judge Brown has been a superior court judge for the seven years. He was the first one in his family to graduate college, much less law school. He is running for election without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying to cases, he feels that he just works out agreements with the defense and prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away.Judge Brown states that he spends significant hours organizing schedules and budgets. When this occurs, he is assuming the duties of an __________.a. administrator b. negotiatorc. adjudicator d. reconciler

Q: Judge Brown has been a superior court judge for the seven years. He was the first one in his family to graduate college, much less law school. He is running for election without his political affiliation being identified. Even though he loves his job, he would love to have more time in the courtroom instead of organizing schedules and budgets. Instead of trying to cases, he feels that he just works out agreements with the defense and prosecution. The way he sees it, at least a guilty plea acknowledges he is putting defendants away.Judge Brown is a judge in superior court. He hears only cases that deal with felonies; therefore, he works in a trial court of ______ jurisdiction.a. limited b. generalc. appellate d. district

Q: Explain why American jails are referred to as the ultimate ghetto. Can this stereotype be changed? How?

Q: How does the modern day entertainment industry impact the way our society views the pretrial process? Does the entertainment industry increase or decrease society's awareness of how our justice system works?

Q: What is the basis of the adversarial system in the US? Why is it so vital to the success of our modern day criminal justice system? How does plea bargaining impact the adversarial system?

Q: Judges spent significant time working as a negotiator while working with prosecutors and defense attorneys about plea bargaining. a. True b. False

Q: The purpose of drug courts is to divert substance abusers away from incarceration. a. Trueb. False

Q: The court's ______ is the geographic territory or legal boundaries within which control maybe exercised; the range of a court's authority.

Q: A _________election is an election in which candidates' party affiliations are not listed on the ballot.

Q: _____ is a reform plan by which judges are nominated by a commission and appointed by the governor for a given period.

Q: A _____ is a written order or summons, issued by a law enforcement officer, often directing an alleged offender to appear in court at a specified time to answer a criminal charge.

Q: _____occurs when a defendant is held for trial, based on a judge's finding that, if the defendant were released on bail, he or she would flee or would endanger another person or the community.

Q: Trial courts of _________jurisdiction over misdemeanor cases and preliminary matters in felony cases.

Q: The amount of _____ is based mainly on the judge's view of the seriousness of the crime and of the defendant's record. a. bailb. court datesc. appearances d. fines

Q: Preliminary hearings provide an opportunity for defense attorneys to challenge the prosecution's evidence and make ________ to the court requesting that an order be issued to bring about a specified action. a. objectionsb. rulingc. motions d. sentence

Q: __________is designed to remove politics from the selection of judges and to allow the voters to unseat judges. a. partisan electionb. merit selectionc. nonpartisan electiond. community endorsement

Q: Officer Goldman responded to a call of an active shooter during a home invasion at a local residence. Officer Goldman arrives on scene and quickly surveys the residence. He and his partner immediately enter the home and see the suspect. They command the suspect to drop his weapon at which time, the suspect responds. Officer Goldman arrests the suspect and searches his person.After the suspect was taken into custody, and the victims taken to receive medical care. Officer Goldman's partners most likely would need to obtain a(an) ______ to collect all the remaining evidence to prosecute the case.a. arrest warrant b. search warrant c. seizured. consent

Q: Officer Goldman responded to a call of an active shooter during a home invasion at a local residence. Officer Goldman arrives on scene and quickly surveys the residence. He and his partner immediately enter the home and see the suspect. They command the suspect to drop his weapon at which time, the suspect responds. Officer Goldman arrests the suspect and searches his person.Once the suspect is taken into custody, Officer Goldman immediately searches the suspect. He is allowed to do this without a warrant. This is called ________.a. search incident to a lawful arrest b. consentc. exigent circumstance d. exclusionary rule

Q: Officer Goldman responded to a call of an active shooter during a home invasion at a local residence. Officer Goldman arrives on scene and quickly surveys the residence. He and his partner immediately enter the home and see the suspect. They command the suspect to drop his weapon at which time, the suspect responds. Officer Goldman arrests the suspect and searches his person.Officer Goldman immediately entered the home without obtaining a warrant. He was allowed to do this based upon the requirement of _________.a. consentb. exigent circumstances c. arrestd. seizure

Q: The suspect can claim his Constitutional right against ______ , when Detective Smith interrogates the suspect.a. questioning b. searchesc. seizuresd. self-incrimination

Q: Detective Smith is working on an active sexual assault case. She has just recently received DNA results back from the lab. The results specifically pinpoint the person of interest as the suspect. Detective Smith has obtained an arrest warrant and is hoping that the suspect will give a full confession.Detective Smith must inform the suspect of his right to have an attorney present during the interrogation. The Supreme Court guaranteed this right in which Supreme Court ruling?a. Mapp v. Ohiob. Wren v. United Statesc. Miranda v. Arizonad. Michigan v. Long

Q: Detective Smith is working on an active sexual assault case. She has just recently received DNA results back from the lab. The results specifically pinpoint the person of interest as the suspect. Detective Smith has obtained an arrest warrant and is hoping that the suspect will give a full confession.Officer Smith is going to take the suspect into custody, where he feels as though he is not free to leave. Officer Smith is making an _______.a. affidavitb. arrestc. searchd. warrant

Q: Officer Castro notices a car in front of him driving at a slow rate of speed. The driver seems to be driving erratically. Officeer Castro activates his blue lights and attempts to pull the car over. The driver continues to drive for approximately two additional miles before pulling over. When Officer Castro slowly approaches the car, he smells what appears to be a heavy fragrance of what seems to be marijuana. The driver has dilated eyes and slurred speech. There are a total of four individuals in the car.Officer Castro would not need probable cause to search the vehicle if the driver gave Officer Castro permission to search. This would be known as a _________search.a. exigent circumstance b. illegalc. stop-and-frisk d. consent

Q: Officer Castro notices a car in front of him driving at a slow rate of speed. The driver seems to be driving erratically. Officeer Castro activates his blue lights and attempts to pull the car over. The driver continues to drive for approximately two additional miles before pulling over. When Officer Castro slowly approaches the car, he smells what appears to be a heavy fragrance of what seems to be marijuana. The driver has dilated eyes and slurred speech. There are a total of four individuals in the car.When Officer Castro pulled the car over after suspicious behavior, he encountered a strong smell of a well known drug that he has significant experience with prior to this case. The strong presence of this drug, gives Officer Castro enough _________to search the vehicle.a. reasonable suspicion b. hunchc. probable caused. beyond a reasonable doubt

Q: Officer Castro notices a car in front of him driving at a slow rate of speed. The driver seems to be driving erratically. Officeer Castro activates his blue lights and attempts to pull the car over. The driver continues to drive for approximately two additional miles before pulling over. When Officer Castro slowly approaches the car, he smells what appears to be a heavy fragrance of what seems to be marijuana. The driver has dilated eyes and slurred speech. There are a total of four individuals in the car.Officer Castro intended for this traffic stop to be a brief seizure, which would be considered a __________. a. stopb. search c. arrestd. interrogation

Q: Officer Castro notices a car in front of him driving at a slow rate of speed. The driver seems to be driving erratically. Officeer Castro activates his blue lights and attempts to pull the car over. The driver continues to drive for approximately two additional miles before pulling over. When Officer Castro slowly approaches the car, he smells what appears to be a heavy fragrance of what seems to be marijuana. The driver has dilated eyes and slurred speech. There are a total of four individuals in the car.Officer Castro required that the car in question pull over. Typically, this could be considered a __________. a. searchb. seizurec. interrogation d. arrest

Q: Explain the Miranda Warnings and what the significance is behind the use of the warnings in interrogations.

Q: When an officer stops a car and it becomes necessary to search, how extensively can they search the vehicle? What are the parameters that the officer must abide by?

Q: Explain the good faith exception to the exclusionary rule.

Q: Explain the inevitable discovery exception as it relates to Nix v. Williams (1984).

Q: Explain the process that a law enforcement officer would have to go through in order to secure a warrant to search a residence.

Q: Explain how the Supreme Court has changed the interpretation of the fourth amendment.

Q: Court decisions have established that police dogs who sniff luggage in public places are not conducting searches and therefore are not subject to the requirements of the Fourth Amendment. a. True b. False

Q: If people voluntarily stop in order to speak with the officer, they have not been "seized," because they are free to move along whenever they choose. a. Trueb. False

Q: The exclusionary rule does not necessarily require that cases against defendants be dismissed when constitutional rights have been violated. a. True b. False

Q: In Nix v. Williams (1984), the Supreme Court agreed that the improperly obtained evidence can be used when it would later have been inevitably discovered without improper actions by the police. a. True b. False

Q: According to Pennsylvania Board of Pardons and Parole v. Scott (1998), improperly obtained evidence cannot be used at parole revocation proceedings. a. True b. False

Q: The Supreme Court ruled in Chimel v. California (1969) that in order to preserve evidence and protect the safety of the officer and the public after a lawful arrest, the arrestee and the immediate area around the arrestee may be searched for weapons and criminal evidence. a. True b. False

Q: According to Miranda v. Arizona (1966), law enforcement must inform the individual in custody of his/her right to an attorney. a. True b. False

Q: A stop is defined as a brief interference with a person's freedom of movement. a. True b. False

Q: Unexplained bulges in clothing or awkwardness in walking is an example of behavioral analysis. a. True b. False

Q: If people consent to a search, officers do not need probable cause or even any level of suspicion to justify the search. a. True b. False

Q: When officers are in hot pursuit of a fleeing suspected felon, they need to stop to seek a warrant and thereby risk permitting the suspect to get away. a. True b. False

Q: The Supreme Court ruled in, ________that when officers act in good faith reliance on computerized records concerning outstanding warrants, evidence found in a search incident to arrest is admissible even if the arrest was based on an erroneous record that wrongly indicated the the existence of a warrant.

Q: Individuals ____ is a standard developed for determining whether a government intrusion of a person or property constitutes a search because it interferes with individual interests that are normally protected from government intrusion.

Q: An ____ is a written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant.

Q: When public safety is in jeopardy police may question, a suspect in custody without providing the Miranda warnings

Q: During a traffic stop officers can order passengers as well as the driver to exit the vehicle even if there is no basis for _______ that the passengers engaged in any wrongdoing.

Q: Officers can make an arrest without a warrant when there are _______. This means that officers are in the middle of an urgent situation in which they must act swiftly and do not have time to go to court to seek a warrant.

Q: Which of the following is not a factor in determining if suspicion exist to justify a search by a Custom and Border Patrol officer?a. behavioral analysisb. observational techniques c. native languaged. K-9 Unit

Q: Terry v. Ohio permitted officers the ability to pat down clothing of people on the streets is there is reasonable suspicion of dangerous criminal activity, which is referred to as a _______ search.a. stop-and-friskb. stop-and-pat down c. stop-and-seized. stop-and-interrogate

Q: According to the _____ , officers are permitted to search and to seize evidence, without a warrant, on private property beyond the area immediately surrounding the house. a. plain view doctrineb. plain feel doctrine c. open field doctrine d. seizure doctrine

Q: How has the increased focus on homeland security and terrorism affected current constitutional rights to citizens?Do you think our current constitutional guarantees should be revisited given the need to focus on terrorism?

Q: Can you think of any instances (not including those discussed in the text) in which officers should not need a warrant to search?

Q: In your opinion, do the constitutional rights of citizens "tie the hands" of the police to a significant degree?

Q: Compare and contrast the plain view doctrine and the open fields doctrine. What is the key difference between them?

Q: The Warren Court established that the exclusionary rule applied to the states. a. Trueb. False

Q: Even if a police officer is acting in the interests of public safety, he/she must obtain a warrant before searching an area. a. True b. False

Q: If a police officer is acting in good faith, then he/she may use evidence obtained through the use of a defective search warrant. a. True b. False

Q: The exclusionary rule increases the legal protection for criminal defendants. a. Trueb. False

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