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Criminal Law
Q:
No warrant is necessary to videotape events occurring in a public place.
a. True
b. False
Q:
Discuss how bite marks may be useful as evidence.
Q:
To have a valid guilty plea, a defendant who pleads guilty must:
a. acknowledge guilt.
b. know beforehand the exact sentence to be given.
c. do so voluntarily and knowingly.
d. agree he or she is factually guilty.
Q:
Voir direis the:
a. instructions given the jury by the judge as to how the jury should deliberate.
b. name given the prosecutor's opening statement.
c. process of examining prospective jurors.
d. questioning of prospective jurors by a judge and attorneys in court.
Q:
Discuss trace evidence and provide examples of what is commonly considered trace evidence.
Q:
Discuss the ways in which a person may alter a crime scene in order to obstruct officers from conducting an investigation.
Q:
Which of the following is NOT a common excuse for exemption from jury service?
a. Economic hardship
b. Courthouse is too far from the individual's house
c. Uninteresting case
d. Need to care for small children
Q:
Discuss what a trained dog can use scent evidence to perform.
Q:
According to the doctrine of jury nullification:
a. courts can overturn jury acquittals.
b. juries can acquit even if the evidence proves guilt.
c. juries cannot go against the weight of the evidence in criminal cases.
d. courts cannot interfere with a verdict of guilty.
Q:
Discuss hot-pursuit entry into private premises. Incorporate Warden, MD. Penitentiary v. Hayden and U.S. v Santana in your discussion. Do you agree with the court decisions? Why or why not?
Q:
Which of the following statements is TRUE according to Baldwin v. New York (1970)?a. An individual is entitled to a jury trial for any offense that may result in 6 or more months imprisonment.b. An individual has no "entitlement" to a jury trial.c. An individual is entitled to a jury trial only for felony crimes.d. An individual is entitled to a jury trial for all crimes.
Q:
Discuss facts of holding of the U.S. Supreme Court's decision in Mincey v. Arizona. Do you agree or disagree with the Court's decision? Explain your position.
Q:
According to the Supreme Court in Ballewv.Georgia:
a. a five person jury satisfies the Sixth Amendment
b. a five person jury does not satisfy the Sixth Amendment
c. it's not clear whether a five person jury is constitutional
d. a five person jury is constitutional if the crime cab be punished by less than six months imprisonment
Q:
According to the Supreme Court, a jury's verdict in a criminal case must be unanimous when there are only how many jurors?a. 6 b. 7 c. 10 d. 12
Q:
Discuss three exceptions to the warrant requirement that would permit police to enter a home (where evidence might be seen in plain view). Give examples of each.
Q:
Plea bargaining that involves the exchange of a guilty plea for a reduction in either the number or severity of criminal charges is known as:
a. sentence bargaining.
b. charge bargaining.
c. fact bargaining.
d. a negotiated plea.
Q:
Define and discuss the concept of "standing." What are the requirements for a person to have standing to contest a Fourth Amendment search? Be sure to provide examples.
Q:
Concerning the functioning of twelve member juries, social scientists have found that:
a. twelve member juries are right less often than smaller juries.
b. twelve member juries are right more often than smaller juries.
c. there is no difference in the reliability of verdicts between twelve member and smaller juries.
d. jury verdicts cannot be studied using social science methods
Q:
According to the Supreme Court:
a. the Sixth Amendment guarantees a twelve member jury.
b. the Framers clearly intended to impose the requirement of a twelve member jury on the states.
c. the twelve member jury was an historical accident.
d. a twelve member jury is required to arrive at a proper verdict.
Q:
The Sixth Amendment guarantees jury trial:
a. in all offenses.
b. only in felonies.
c. only in felonies against the person.
d. in all criminal prosecutions excepting petty offenses.
Q:
Supporters of convictions by guilty pleas argue all of the below except:
a. negotiation better serves the search for truth.
b. guilty pleas save time.
c. the system would collapse without guilty pleas.
d. guilty pleas further the interests of crime victims.
Q:
In the 1990 murder case of State v. ____________________, the Supreme Court of Ohio affirmed the defendant's conviction and permitted a lay witness (a police officer) to testify as to the similarities between the prints and the defendant's shoes.
Q:
The right to confrontation comes from the:
a. Fifth Amendment.
b. Due Process Clauses.
c. Eight Amendment.
d. Sixth Amendment.
Q:
To use bite-mark evidence, a chain of custody must be shown and an expert witness must be used, such as a dentist with training and experience as a forensic ____________________.
Q:
According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:a. are petty and can be punished by more than six months imprisonmentb. are considered serious felonies with long imprisonment termsc. can be punished by less than six months imprisonment but that courts have determined have a certain "moral quality" that requires a jury triald. involve sexual assault
Q:
To have standing and challenge the manner in which police obtained evidence from a crime scene, a ____________________ must show that he or she had a legitimate expectation of privacy in the crime scene.
Q:
Regarding the right to a public trial, which of the following is FALSE?
a. It is a personal right that only defendants may invoke.
b. The press and public have a right of access to criminal trials.
c. The right of access applies to pretrial proceedings as well as to the trial itself.
d. Press and public access includes jury deliberations.
Q:
List and describe the differences between testing the government's case by grand jury review and by preliminaryhearing.
Q:
In Maryland v. Buie, the Supreme Court recognized a(n) ____________________ exception to the warrant requirement.
Q:
In Warden v. ____________________, the U.S. Supreme Court recognized a hot-pursuit exception to the warrant requirement.
Q:
Identify, define, and explain the twoprongs of the U.S. Supreme Court's test of "effective" counsel adopted inStrickland v. Washington.
Q:
Fingerprints are ____________________ evidence of guilt.
Q:
Explain the constitutional right to bail. Identify three constitutional rights our bail system denies to poor defendants, and explain how each is denied.
Q:
Explain the difference between probable cause to detain a suspect and probable cause to go to trial.
Q:
Fingerprint evidence has been held to pass the ____________________ test adopted by the Supreme Court for the admissibility of scientific evidence.
Q:
Why and when do police officers have to take arrested suspects to a magistrate?
Q:
Minute or microscopic evidence is referred to as ____________________ evidence.
Q:
The record of the numbers grand jurors voting for an indictment is referred to as the _________.
Q:
The transfer of small amounts of material from one object to another is known as ____________________ evidence.
Q:
A jury that cannot reach a verdict after lengthy deliberations is a/an ___________jury.
Q:
Proof of chain of custody is usually not required in ____________________ and theft cases.
Q:
In general, before physical evidence can be admitted, its ____________________ of custody must be shown.
Q:
The formal name for the place where a trial is held is the __________.
Q:
A crime arising out of the same facts in one state is not the same crime in another state, for purposes of double jeopardy, according to the _______________doctrine.
Q:
The term "____________________" means having a legal right to raise a legal issue.
Q:
Police chasing a suspect into a home may be able to rely on the ____________________ exception.
Q:
If a judge concludes at a preliminary hearing that the government has satisfied its evidentiary burden, the defendant is _______ for trial.
Q:
In Mincey v. Arizona, the Supreme Court held that there is no ____________________ scene exception to the warrant requirement.
Q:
A lawyer paid for by the client is called _________counsel.
Q:
The pretrial detention of dangerous suspects who pose a threat to community safety is called ______________.
Q:
The term "____________________ circumstances" means emergency circumstances.
Q:
The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as ____________.
Q:
Case 16.3The murder weapon has finally been recovered in Detective Smith's case. The deceased had been shot and shell casings found at the scene matched a .457 Magnum located today in an alley near the crime scene. Forensics has confirmed that the shell casings found at the crime scene were fired from this handgun. Fingerprints were found on the handgun.The shell casings found at the crime scenea. are not subject to the chain of custody requirement.b. generally will not be tested for fingerprint evidence.c. are only admissible if fingerprints found on the casings match fingerprints on the weapon itself.d. must have been seized consistent with the Fourth Amendment.
Q:
A decision by a prosecutor not to charge a crime if the suspect performs community service instead is called ___________.
Q:
Case 16.3The murder weapon has finally been recovered in Detective Smith's case. The deceased had been shot and shell casings found at the scene matched a .457 Magnum located today in an alley near the crime scene. Forensics has confirmed that the shell casings found at the crime scene were fired from this handgun. Fingerprints were found on the handgun.If the fingerprint evidence is challenged,a. the comparison of latent fingerprints rather than rolled fingerprints is better for the prosecution.b. expert testimony is only necessary if the FBI is involved.c. meeting the Daubert test should ensure the fingerprint evidence will be considered reliable and admissible.d. only the chain of custody can be attacked.
Q:
Case 16.2A crime scene was established at a motel where an individual had been assaulted with a shovel. Even though there were no fingerprints or blood evidence on the shovel, it was taken into evidence as the assault weapon. Unfortunately, only a few of the people who had possession of the evidence signed the evidence tag so there was a gap in the chain of custody.The shovel in this casea. requires proof to show a reasonable probability that the evidence was not tampered with.b. may not require a chain of custody at all.c. must have an evidence tag.d. is admissible only if it belonged to the accused.
Q:
The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to the charges is called the __________.
Q:
All dismissals because of speedy trial violations are with prejudice.
a. True
b. False
Q:
Case 16.2
A crime scene was established at a motel where an individual had been assaulted with a shovel. Even though there were no fingerprints or blood evidence on the shovel, it was taken into evidence as the assault weapon. Unfortunately, only a few of the people who had possession of the evidence signed the evidence tag so there was a gap in the chain of custody.
Generally, evidence from a crime scene that is relevant to prove guilt or innocence
a. requires all persons who had possession of the evidence be available to appear as witnesses testify the evidence has not been tampered with.
b. requires proof beyond a reasonable doubt that the evidence was not tampered with.
c. must have an evidence tag.
d. requires the defendant to prove the evidence is genuine and authentic.
Q:
Case 16.1Police officers responded to a residence after reports from neighbors that they had heard what sounded like screams coming from the home. After receiving no response when they knocked on the front door, two police officers pushed in the door and found a young man bleeding from a knife wound. After they called for an ambulance, one of the officers proceeded to search the home to find out if there were any other victims or if the assailant was in the home. After 20 minutes, the ambulance arrived and the police officer had completed her search of the home without finding additional victims or the assailant. During her search, she did see illegal drugs in plain view in one of the bedrooms. The crime scene investigations unit responded, taking photographs of the area of the knife attack, collecting blood samples, as well as fingerprints from the immediate area. Investigation revealed that the victim, now in a coma, was the owner of the home and lived alone. After evidence had been collected at the crime scene, the police remained on-site for several days looking through closets and dresser drawers. They found a bloody knife on the fourth day. The following week, a known burglar was apprehended, trying to pawn property that turns out to be the property of the knife assault victim.The burglar is challenging the admissibility of the knife at trial. What is the likely outcome?a. The burglar will be successful since the police should have sought a warrant to remain on the premises so long.b. The burglar will only succeed if he admits guilt to the underlying crime.c. The burglar has standing to make this objection.d. The burglar will not succeed in this challenge.
Q:
Both the state and defense may move for changes of venue.
a. True
b. False
Q:
A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.a. Trueb. False
Q:
Case 16.1Police officers responded to a residence after reports from neighbors that they had heard what sounded like screams coming from the home. After receiving no response when they knocked on the front door, two police officers pushed in the door and found a young man bleeding from a knife wound. After they called for an ambulance, one of the officers proceeded to search the home to find out if there were any other victims or if the assailant was in the home. After 20 minutes, the ambulance arrived and the police officer had completed her search of the home without finding additional victims or the assailant. During her search, she did see illegal drugs in plain view in one of the bedrooms. The crime scene investigations unit responded, taking photographs of the area of the knife attack, collecting blood samples, as well as fingerprints from the immediate area. Investigation revealed that the victim, now in a coma, was the owner of the home and lived alone. After evidence had been collected at the crime scene, the police remained on-site for several days looking through closets and dresser drawers. They found a bloody knife on the fourth day. The following week, a known burglar was apprehended, trying to pawn property that turns out to be the property of the knife assault victim.The seizure of the knife as evidencea. requires a search warrant.b. may require the testimony of the responding officer to establish chain of custody.c. requires consent of the homeowner.d. can only be done by the responding officer.
Q:
Case 16.1
Police officers responded to a residence after reports from neighbors that they had heard what sounded like screams coming from the home. After receiving no response when they knocked on the front door, two police officers pushed in the door and found a young man bleeding from a knife wound. After they called for an ambulance, one of the officers proceeded to search the home to find out if there were any other victims or if the assailant was in the home. After 20 minutes, the ambulance arrived and the police officer had completed her search of the home without finding additional victims or the assailant. During her search, she did see illegal drugs in plain view in one of the bedrooms. The crime scene investigations unit responded, taking photographs of the area of the knife attack, collecting blood samples, as well as fingerprints from the immediate area. Investigation revealed that the victim, now in a coma, was the owner of the home and lived alone. After evidence had been collected at the crime scene, the police remained on-site for several days looking through closets and dresser drawers. They found a bloody knife on the fourth day. The following week, a known burglar was apprehended, trying to pawn property that turns out to be the property of the knife assault victim. The drugs found during the initial search by the responding police officer
a. are inadmissible since the officer was trying to locate victims or the assailant, not illegal drugs.
b. are admissible since the officer had a legal right to be present after entering the home in an emergency situation.
c. are admissible only if the officer is able to secure a search warrant after the fact.
d. are admissible only if they can be traced back to the assailant.
Q:
It is not double jeopardy to prosecute and punish a defendant for the same act in separate jurisdictions.
a. True
b. False
Q:
Defendants may only plead nolo contenderewith permission of the court.a. Trueb. False
Q:
The term _____ is used to describe minute or microscopic pieces of evidence.
a. invisible
b. latent
c. largesse
d. trace
Q:
Most recent legal commentary supports the grand jury process.
a. True
b. False
Q:
A(n) _____ exists if law officers have no time to obtain a search warrant and have probable cause to believe that evidence will be destroyed or moved to an unknown place.
a. quandry
b. probable cause
c. emergency
d. exigency
Q:
Officers who have lawfully entered a residence may conduct a _____ of the residence if they reasonably believe that a person posing a threat to the police is on the premises.
a. inclusive search
b. minimal search
c. protective sweep
d. basic inventory
Q:
Preliminary hearings are adversary proceedings.
a. True
b. False
Q:
The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their attorney's performance was not reasonably competent.a. Trueb. False
Q:
The _____ of a search made at a crime scene is a factor in determining the reasonableness of the search.
a. purpose
b. intrusiveness
c. duration
d. thoroughness
Q:
_____ refers to situations in which a person's life or safety is endangered: in which there is concern for an elderly person or some other person, or in which a shooting, fire, or explosion has occurred.
a. Precautionary
b. Cautionary
c. Immediacy
d. Exigency
Q:
The Supreme Court, in _____, upheld the conviction based on footprint/shoeprint evidence.
a. Jells
b. Henry
c. Knotts
d. McIver
Q:
Due process of law requires not just counsel, but effective counsel.
a. True
b. False
Q:
Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.
a. True
b. False
Q:
In Maryland v. _____, the Supreme Court approved of protective sweeps on reasonable suspicion for officer protection while making an arrest or search.
a. McCullough
b. Buie
c. Cochran
d. Davis
Q:
The rights of jailed defendants awaiting trial are not watered down by their status of being in jail.
a. True
b. False
Q:
The Supreme Court held in _____ that tire tracks could be used as evidence if there was no violation of the privacy right.
a. Richards
b. Marsh
c. Biggers
d. Cardwell