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Q:
DNA genetic profiling has received such wide acceptance among criminal justice professionals that it is frequently called____________________ fingerprinting.
Q:
What type of offenses were sneak and peak searches mainly used for originally?
a. Counterfeiting
b. Homicides
c. All felonies
d. Drug offenses
Q:
Rule 702 has already resulted in changes in how ____________________ evidence is received.
Q:
Which of the below is a source of the president's authority to establish military commissions?
a. The uniform code of military justice
b. Article III courts
c. The president's power to conduct foreign policy
d. The president's role as commander in chief
Q:
Which are examples of total war?a. The Vietnam War and World War IIb. World War I and the Korean Warc. The Vietnam War and the Korean War d. World War I and World War II
Q:
Adoption of the Daubert test in state and federal courts has caused some courts to question the reliability of the horizontal ____________________ nystagmus for detection of intoxication.
Q:
The government's use of extraordinary power:
a. is only limited by necessity.
b. is unlimited and can be used for any length of time.
c. can be used only when it is absolutely necessary and must be given up when the emergency is over.
d. refers only to the use of the military.
Q:
In the 1980s, after Frye but before Daubert, the ____________________ test was used.
Q:
The writ of habeas corpus:
a. dates back to the 1867 Habeas Corpus Act.
b. is not mentioned in the U.S. Constitution.
c. has a long and distinguished history and protected Englishmen from tyrannical English kings.
d. has not been addressed by the U.S. Supreme Court in many opinions.
Q:
The U. S. Supreme Court, writing in ____________________, upheld a state law that requires those arrested for serious offenses to submit to a buccal swab DNA test as part of the booking process.
Q:
_________are vested with the sole authority in determinate sentencing schemes.a. Legislators b. Judgesc. Police officers d. Prosecutors
Q:
The field of ____________________ involves the study of blood.
Q:
Forensic ____________________ uses evidence about insects to help solve cases.
Q:
In Blakely v. Washington the U.S. Supreme Court:a. in essence upheld Washington State's sentencing guideline scheme.b. upheld the defendant's sentence, stating it complied with the ruling set forth in Apprendi v. New Jersey.c. in essence, struck down Washington State's sentencing guideline scheme.d. held that Washington State's sentencing guideline scheme was not implicated under the facts of this case in that it dealt only with a maximum not a minimum sentence.
Q:
During the Warren Court era of the Supreme Court, the Court:
a. took a narrow view of the Habeas CorpusAct of 1867.
b. took a broad view of the Habeas CorpusAct of 1867.
c. declared the Habeas CorpusAct of 1867 unconstitutional.
d. did not decide any cases dealing with the Habeas CorpusAct of 1867 .
Q:
Of the two DNA tests, courts have shown greater acceptance of the ____________________ test.
Q:
Lockyer v. Andrade (2003) dealt with which of the following constitutional questions?a. Proportionality of a death sentence in a child rape and assault caseb. Acceptability of sentencing a convicted felon in absentiac. Permissibility of a 50 year sentence for shoplifting under a "three strikes" lawd. Denial of a duly filed habeas corpus petition seeking judicial relief
Q:
In some cases, court may take ____________________ of the validity of underlying scientific theories and techniques.
Q:
An appeal from a trial court's judgment of conviction:
a. is considered a direct attack.
b. can be taken multiple times.
c. can only be taken if the trial court certifies there are important issues for the higher court to hear.
d. is the equivalent of habeas corpus.
Q:
In the Kuhmo Tire Co. case, the Supreme Court held that the Daubert test was applicable to ____________________ evidence as well as scientific evidence.
Q:
According to the raise or waive doctrine, a defendant must make objections at trial in order to preserve those issues for appeal. This is called the ________doctrine.
a. judicial economy
b. collateral consequences
c. habeas corpus
d. mootness
Q:
The Federal Rules of Evidence that deals with the admissibility of scientific evidence is Rule ____________________.
Q:
The U.S. Supreme Court has increasingly denied petitions for writ of certiorari thus reducing the number of cases it will review. The following two doctrines limit the scope of state appellate review:
a. the raise-or-waive doctrine and the collateral consequences doctrine.
b. the mootness doctrine and the collateral doctrine.
c. the mootness doctrine and the raise or waive doctrine.
d. the mootness doctrine and the plain-error rule.
Q:
In federal courts, the Frye test was replaced by the ____________________ test.
Q:
The Frye test focused on general ____________________ of the theory or technique in the relevant scientific field.
Q:
Which of the following is NOT a legitimate sentencing model?a. Administrative Sentencing Model b. Police Sentencing Modelc. Legislative Sentencing Model d. Judicial Sentencing Model
Q:
Scientific evidence is usually presented through the use of ____________________ witnesses.
Q:
The writ of certiorari:
a. requires the Supreme Court to hear and decide a case.
b. is a request to a court to decide on the legality of a prisoner's incarceration.
c. is a discretionary writ, which allows the Supreme Court to either agree or not agree to hear and decide a case.
d. mandates a party to turn over evidence to the other party in the case.
Q:
Case 18.3Detective Smith has been assigned to investigate a DUI with injuries that occurred several weeks ago. The car was driven by Mrs. Olive and the responding officer was unable to establish she was under the influence using field sobriety tests. Mrs. Olive was taken to a nearby emergency room and she provided urine, blood, saliva and breath evidence. Detective Smith notices that her jacket and knit cap were also taken into evidence.If the urine, blood, saliva and breath evidence are unable to establish DUI in this case,a. dashboard video will prove the case.b. the officer can testify if she smelled alcohol, but only if it is noted in her report.c. the horizontal gaze nystagmus test would be relevant, if done.d. Mrs. Olive will not be successfully prosecuted based on scientific evidence.
Q:
According to the Supreme Court with regard to appeals, states: a. must allow one appeal as a matter of right in all criminal cases. b. must allow one appeal as a matter of right in all felony cases.c. must allow one appeal as a matter of right in all criminal cases to which the right to a jury trial attaches.d. need not provide any appeal at all.
Q:
Case 18.3Detective Smith has been assigned to investigate a DUI with injuries that occurred several weeks ago. The car was driven by Mrs. Olive and the responding officer was unable to establish she was under the influence using field sobriety tests. Mrs. Olive was taken to a nearby emergency room and she provided urine, blood, saliva and breath evidence. Detective Smith notices that her jacket and knit cap were also taken into evidence.If Detective Smith is trying to verify blood-alcohol levels of Mrs. Olive, her best bet is toa. review the urine test results.b. see if there were any hair samples tested.c. avoid the saliva test results, which only test for drug use.d. consider the blood test results.
Q:
Research shows that:a. Whites who kill blacks are more likely to receive the death penalty.b. Blacks and Whites who kill Whites are more likely to receive the death penalty than either Blacks who kill Blacks or Whites who kill Blacks.c. Blacks who kill Blacks are just as likely to receive the death penalty as Whites who kill Blacks.d. The race of the victim does not affect the likelihood of an offender receiving the death penalty.
Q:
Case 18.2The police have been called by a hiker who discovered two bodies deep in the woods. Upon arrival, the police secured the crime scene, interviewed the hiker, and took photographs of the bodies. The crime scene investigator is not sure how long the bodies have been in the woods, though he estimates they have been here for at least several weeks. Photographs taken of the faces so far have yielded no positive identification. In addition, no missing persons report matched the photographs.The coroner has noted that both victims appear to have suffered trauma to the skull inflicted by a blunt instrument. A hammer was found near the two bodies. What is likely to occur next?a. Ballistic fingerprinting may help establish the hammer was used to kill the two victims.b. DNA evidence will be instrumental in establishing the match.c. Fracture matching may be used if the judge finds the theory is generally accepted in the scientific community.d. Only the coroner will be permitted to testify about this evidence.
Q:
Which of the following is NOT considered a mitigating circumstance in a death penalty case?
a. Killing to avoid arrest
b. No significant prior criminal record
c. Minor participant in the murder
d. Youth at the time of the murder
Q:
Which of the following would NOT be considered an aggravating factor in a death penalty case?
a. Prior conviction of a misdemeanor
b. Killing to avoid arrest
c. Felony murder
d. Killing during escape from lawful custody
Q:
Case 18.2The police have been called by a hiker who discovered two bodies deep in the woods. Upon arrival, the police secured the crime scene, interviewed the hiker, and took photographs of the bodies. The crime scene investigator is not sure how long the bodies have been in the woods, though he estimates they have been here for at least several weeks. Photographs taken of the faces so far have yielded no positive identification. In addition, no missing persons report matched the photographs.The time of death is important to the investigation. The most useful test for time of death in the current case will likely bea. lividity.b. rigor mortis.c. forensic entomology.d. DNA evidence.
Q:
Case 18.1FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The bank robbers got away with several hundred thousand dollars, but not before they terrorized the patrons of the bank and shot one of the tellers. The teller was seriously injured, but is expected to make a full recovery. In addition to the spent shell casings from the shotguns used to scare everyone in the bank to ensure swift compliance with their demands, bank robbers left behind the note they passed to the teller demanding all the money in their cash drawers. One of the bank robbers was injured by broken glass and left his bloody gloves in a dumpster in an alley behind the bank.Agent Mannix caught Robby a few days later with marked money from the bank robbery. He also found a handwritten shopping list in his pocket that appears to match the handwriting on the note found at the crime scene. What is likely to occur next?a. The prosecutor will need to secure a new handwriting sample from Robby to use the bank robbery note against him using expert testimony.b. Handwriting evidence is not admissible generally as it does not pass the Frye test.c. The prosecutor can seek to have evidence of the robbery note and its comparison to the laundry note admitted as evidence against Robby using a questioned documents examiner.d. The court will not take judicial notice of the handwriting analysis technique.
Q:
According to the U.S. Supreme Court, the death penalty is notcruel and unusual punishment if:
a. it is automatically applied to all murderers.
b. aggravating circumstances can support it.
c. there is a review procedure to ensure against discriminatory application.
d. judges and juries both agree in a particular case that death is appropriate.
Q:
Case 18.1FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The bank robbers got away with several hundred thousand dollars, but not before they terrorized the patrons of the bank and shot one of the tellers. The teller was seriously injured, but is expected to make a full recovery. In addition to the spent shell casings from the shotguns used to scare everyone in the bank to ensure swift compliance with their demands, bank robbers left behind the note they passed to the teller demanding all the money in their cash drawers. One of the bank robbers was injured by broken glass and left his bloody gloves in a dumpster in an alley behind the bank.The gloves found at the crime scenea. will only be admissible if the perpetrator consents.b. may yield useful DNA evidence.c. may contain gunshot residue that will identify the shooter.d. will help with ballistic fingerprinting.
Q:
Which court case ruled that the U.S. Sentencing Guidelines are advisorybut that they enjoy the presumption of reasonableness?
a. U.S. v. Booker
b. Rita v. U.S.
c. Apprendi v. New Jersey
d. Gall v. U.S.
Q:
The Boggs Act (1951) signaled a shift to what type of sentences?
a. Sentences based on sentencing guidelines
b. Indeterminate sentences
c. Mandatory minimum sentences
d. Determinate sentences
Q:
In Lockyer v. Andrade (2003), the Supreme Court held that a 25-year to life sentence for petty theft under the state's three strikes law:a. violated the Constitution because it was disproportionate to Andrade's crime.b. did not violate the Constitution and was justified by the state's interest in incapacitating and deterring repeat offenders.c. violated the Constitution because it was cruel and unusual punishment.d. did not violate the Constitution because the Eighth Amendment doesn"t apply to state sentences.
Q:
Case 18.1FBI Agent Mannix has arrived at a Federal Reserve Bank robbery crime scene. The bank robbers got away with several hundred thousand dollars, but not before they terrorized the patrons of the bank and shot one of the tellers. The teller was seriously injured, but is expected to make a full recovery. In addition to the spent shell casings from the shotguns used to scare everyone in the bank to ensure swift compliance with their demands, bank robbers left behind the note they passed to the teller demanding all the money in their cash drawers. One of the bank robbers was injured by broken glass and left his bloody gloves in a dumpster in an alley behind the bank.If the federal prosecutor seeks to have scientific evidence related to the gloves and shell casings admitted, he will need toa. establish reliability of the scientific evidence using the Frye test.b. seek judicial notice of each scientific technique employed.c. call a forensic entomologist to the stand.d. establish reliability of the scientific evidence using the Daubert test.
Q:
As 40 percent of all criminal homicides go unsolved, it is critical to link the weapon used in a crime to the person who used it.
a. True
b. False
Q:
A majority of the U.S. Supreme Court Justices agree that the principle of proportionality applies to:
a. death sentences.
b. sentences leading to imprisonment.
c. death sentences and sentences leading to imprisonment.
d. sentencing leading to imprisonment and probation.
Q:
The Supreme Court replaced the Daubert test with the Frye test.
a. True
b. False
Q:
Concerning mandatory minimum sentencing laws, evaluations conducted by the U.S. Sentencing Commission found that:a. mandatory minimum sentences eliminate discretion.b. mandatory minimum sentences actually introduce disparity in sentencing.c. mandatory minimum sentencing provisions are used in almost all cases for sentencing. d. offenders sentenced to mandatory minimum sentences have higher recidivism rates.
Q:
Animal DNA can be linked to the crime scene and used as evidence.
a. True
b. False
Q:
Which of the following is NOT one of the aims of criminal punishment that mandatory minimum sentences attempt to satisfy?a. Retributionb. Rehabilitation c. Incapacitation d. Deterrence
Q:
Which of the following was NOT among the reasons for repeal of mandatory minimum sentences for drug offenses in the early 1970s?
a. Alienation of youth from general society
b. Belief that the war on drugs was ending
c. Hampering the rehabilitation of drug offenders
d. Reduction of the deterrent of drug laws, because even prosecutors thought the penalties were too harsh
Q:
DNA samples have been used in identifying remains found of service members from WW II, the Korean War and the Veitnam War.
a. True
b. False
Q:
CODIS is the FBI's national DNA database.
a. True
b. False
Q:
In the administrative sentencing model, who prescribes the range of allowable prison times for particular crimes?a. Judges and the legislature b. The legislaturec. Judgesd. Only the judge that hears the case
Q:
__________sentencing is tailoring punishment to suit the criminal and puts the power to sentence in the hands of judges and parole boards.
a. Fixed
b. Determinate
c. Indeterminate
d. Presumptive
Q:
Requiring convicted felons to give blood samples for DNA databases violates the privilege against self-incrimination.
a. True
b. False
Q:
Requiring convicted felons to give blood samples for DNA databases violates the Fourth Amendment.
a. True
b. False
Q:
Sentences determined under sentencing guidelines are based primarily on a combination of the:
a. seriousness of the crime and the offender's age.
b. seriousness of the crime and the harm caused to the victim.
c. offender's criminal history and whether the crime was violent.
d. seriousness of the crime and the offender's criminal history.
Q:
The two major types of DNA tests are PCR and RFLP.
a. True
b. False
Q:
Sentencing guidelines are a response to demands from both experts and the public for all of the following EXCEPT:a. uniformity in sentencing.b. certainty and truth in sentencing.c. increased rehabilitation of offenders.d. retribution, deterrence, and incapacitation.
Q:
Which types of crimes are the main targets of mandatory minimum sentencing?
a. Sex offenses.
b. Theft offenses.
c. Regulatory crimes.
d. Drug offenses and crimes committed with a weapon.
Q:
DNA is an acronym for disulfide nitric acid.
a. True
b. False
Q:
Fixed (determinate) sentencing:
a. is currently the only form of sentencing in all jurisdictions in the U.S.
b. is currently not in favor in any U.S. jurisdiction.
c. shares the stage with indeterminate sentencing but is being adopted by more and more jurisdictions.
d. is only found in mandatory minimum statutes.
Q:
In both the O.J. Simpson criminal trial and the Jimmy Hoffa disappearance, DNA carried the burden of truth.
a. True
b. False
Q:
By 1970, which of the following ideas did NOT dominate thinking about sentencing?
a. Sentencing should have rehabilitation of the offender at least as a partial goal.
b. Repeat career criminals require severe punishment to incapacitate them.
c. Many offenders deserve severe punishment because they have committed serious crimes.
d. All crimes deserve some punishment to retain the deterrent potency of the criminal law.
Q:
DNA evidence was first admitted in U.S. Courts in criminal cases in the 1960s.
a. True
b. False
Q:
A judge can take judicial notice of the validity of the theories and techniques underlying scientific evidence.
a. True
b. False
Q:
Throughout American history, which of the following institutions has NOT exercised sentencing power?a. Policeb. The legislature c. The judiciaryd. Administrative agencies
Q:
In response to its decision in Daubert, the U.S. Supreme Court created Rule 702 of the Federal Rules of Evidence.
a. True
b. False
Q:
In the U.S., indeterminate sentencing was the dominant form of sentencing until the 1970s, when several forces came together to oppose it. These forces included all of the following, EXCEPT:a. reformers concerned about harsh, fixed sentences. b. public discontent with rehabilitation.c. individual rights advocates who opposed the informal discretionary power of judges. d. increased demands for formal accountability throughout the criminal justice system.
Q:
In a recent survey, it was found that all states use the Daubert for scientific validity.
a. True
b. False
Q:
Which of the following is FALSE about the history of sentencing?a. The concern over judicial discretion in sentencing has an ancient heritage.b. Fixed sentencing prevailed from the 1600s until the latter part of the 1800s. c. A shift toward indeterminate sentences began in the latter part of the 1800s. d. In the 20thcentury, fixed sentences totally dominated criminal sentencing.
Q:
A discretionary order of the Supreme Court to review a lower court decision is called a writ of review or a writ of certiorari.a. Trueb. False
Q:
A proceeding to review the constitutionality of detention or imprisonment is referred to as stare decisis.
a. True
b. False
Q:
The Frye test was criticized for being both too broad and too narrow.
a. True
b. False
Q:
One of the factors in Rule 702 is the extent to which the scientific testimony will aid the trier of fact.
a. True
b. False
Q:
The criminal process is a blend of the formal law of criminal procedure and the informal influences that enter the process by way of discretion.
a. True
b. False
Q:
In the Daubert case, the Supreme Court held that the admissibility of scientific evidence was governed by Rule 702 of the Federal Rules of Evidence, not the Frye decision.
a. True
b. False
Q:
According to the broad view of habeas corpus, the 1867 Habeas Corpus Act authorizes courts to review the entire state proceeding to determine if there was a violation of a defendant's constitutional rights.a. Trueb. False
Q:
Of the two main DNA tests, the RFLP test, has gained wider acceptance in the courts.
a. True
b. False
Q:
Not every state has created a statutory right to appeal a criminal conviction.
a. True
b. False