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Law
Q:
Bite marks are most often used as evidence _____ cases.
a. homicide
b. assault
c. kidnapping
d. robbery
Q:
A factor that the court can consider in deciding a motion for change of venue include is:
a. trials at a distant location place a burden on the witnesses.
b. the courts in the community where the crime occurred are busy.
c. the prosecutor's office in the community where the crime occurred is shortstaffed.
d. the police in the community where the crime occurred want the trial to remain in their jurisdiction.
Q:
The term _____ is used to describe minute or microscopic pieces of evidence.
a. invisible
b. latent
c. subjective
d. trace
Q:
The Court held that law enforcement officers may make "warrantless entries and searches when they reasonably believe that a person within is in need of _____ aid"
a. preventative
b. minor
c. serious
d. immediate
Q:
If a defendant's constitutional right to a speedy trial is violated he:
a. charges against the defendant are dismissed.
b. time the defendant spent in jail awaiting trial is deducted from his sentence.
c. court determines the point at which the trial should have commenced and deducts from the sentence the period of time between then and the date the trial actually started.
d. prosecution must go back to the grand jury stage and start all over.
Q:
The speedy trial clause prohibits:
a. any delay in prosecution.
b. delays caused by the state.
c. delays due to trials of other defendants.
d. only undue delays.
Q:
You not only have the right to counsel, but also the right to _________counsel.a. comparative b. affordablec. effectived. reasonable
Q:
To have standing to contest the search of a place under the Fourth Amendment, the defendant must have had a(n) _____.
a. right to be on the premises
b. invitation from the owner to be on the premises
c. reasonable expectation of privacy in the place searched
d. possessory right to the items seized during the search
Q:
Law enforcement officers may stay in a crime scene for a _____ period of time to perform whatever tasks they are obligated to do.
a. subjective
b. minimal
c. reasonable
d. objective
Q:
In Strickland v. Washington, the Court created a two-prong test to evaluate which aspect of the criminal defendant's experience?a. Effectiveness of counsel in criminal proceedingsb. Appropriate construction of a jury at voir direc. Likelihood of prejudice warranting a change of venued. Reasonableness of accommodations in pretrial detention
Q:
According to the dual sovereignty doctrine:
a. it violates the double jeopardy clause to prosecute and punish a defendant for the same act in separate jurisdictions.
b. the federal government cannot prosecute a defendant for a similar state crime.
c. different jurisdictions can prosecute and punish a defendant for the same conduct.
d. state governments cannot charge defendants for the same felony.
Q:
For many types of evidence to be admissible, the prosecution must prove the chain of _____.
a. possession
b. concurrence
c. fools
d. custody
Q:
Which case allowed the right to counsel for "indigents" for felonies?
a. Bell v Wolfish
b. Mapp v Ohio
c. Gideon v Wainwright
d. Terry v Ohio
Q:
A defendant must have _____ to legally challenge the admissibility of evidence under the Fourth Amendment.
a. taciturnity
b. standing
c. compulsion
d. implied consent
Q:
The prohibition against double jeopardy is found in the:
a. Sixth Amendment.
b. Fifth Amendment.
c. due process clauses.
d. Eighth Amendment.
Q:
If police are chasing a suspect and enter a residence to attempt to apprehend the suspect, the _____ exception to the warrant requirement may apply.
a. emergency circumstances
b. implied consent
c. hot-pursuit
d. inculpatory evidence
Q:
If police lawfully enter premises during some emergency and have probable cause to seize the item, incriminating items may be admissible under the _____ exception to the warrant requirement.
a. plain view
b. consent
c. inculpatory evidence
d. automobile
Q:
Which case addressed the issue of whether "pretrial" conditions before convictions constituted "punishment"?a. Bell v Wolfishb. U.S. v Leon c. Terry v Ohio d. Mapp v Ohio
Q:
If police arrive at the scene and detect a murder, they may make a quick sweep through the building to see if the offenders could be hiding there.
a. True
b. False
Q:
The prohibition against double jeopardy prohibits all of the below, except:
a. a second prosecution for the same offense after conviction.
b. multiple punishments for the same offense.
c. a second prosecution for the same offense after acquittal.
d. multiple punishments for multiple crimes stemming from the same act(s).
Q:
Protective sweeps were approved by the U.S. Supreme Court in Maryland v. Buie.
a. True
b. False
Q:
The test for allowing a defendant to be jailed prior to trial is based on:
a. Clear and convincing evidence that the defendant either won"t appear or is a threat to public safety.
b. If the victim has received death threats.
c. If the offense is a misdemeanor.
d. Only prior criminal history.
Q:
The prohibition against double jeopardy attaches:
a. at arrest.
b. after indictment or being bound over following a preliminary hearing.
c. when the first witness testifies.
d. at different times for judge and jury trials.
Q:
It can be determined by fingerprint analysis if a person has touched drugs.
a. True
b. False
Q:
To raise the issues of illegal search and seizure, the defendant must have standing.
a. True
b. False
Q:
After grand jurors are sworn in, they are charged by the:
a. prosecutor.
b. judge.
c. clerk of court.
d. foreman.
Q:
The process for allowing judges to deny bail to dangerous defendants is referred to as:a. Selective enforcement b. Selective incapacitation c. Judicial prerogatived. Preventive detention
Q:
Proof of chain of custody is required for admissibility of DNA evidence.
a. True
b. False
Q:
It is relatively easy to determine the sex of the person who left a latent print.
a. True
b. False
Q:
The principal mechanisms for testing the government's case against defendants prior to trial include:a. first appearance and arrest warrants b. arrest warrantsc. grand jury review and preliminary hearings d. grand jury reviews and arrest warrants
Q:
It is relatively easy for fingerprint experts to determine the age of a latent print.
a. True
b. False
Q:
A grand jury is composed of a group of which of the following individuals?a. Defense attorneys b. Private citizensc. Trial judgesd. Police officers
Q:
Which of the following is TRUE with regard to bail?
a. The Judiciary Act of 1789 provides that a person charged with a non-capital offense shall be permitted to bail.
b. The Eighth Amendment states that citizens have a Constitutional right to bail.
c. The Judiciary Act of 1789 and the Eighth Amendment provides that a person charged with any offense shall be permitted bail.
d. The Judiciary Act of 1789 did NOT provide that a person charged with a non-capital offense shall be permitted bail.
Q:
Fingerprint evidence is circumstantial evidence rather than direct evidence.
a. True
b. False
Q:
In drug cases, the chain of custody does not have to be established.
a. True
b. False
Q:
In private Bail Bonds, the bond agency charges usually 10%. Which of the following is TRUE?
a. The defendant forfeits the 10% upon appearance, but forfeits the whole amount if they do not appear.
b. The defendant must pay the 90% balance prior to trial.
c. The defendant must pay the 90% balance upon sentencing.
d. The defendant's bail deposit is returned if they appear in court.
Q:
Fingerprints are used less and less as other forms of identification are both plentiful and accurate.
a. True
b. False
Q:
Which of the following is NOT considered to be a function of the first appearance?
a. Setting and/or restricting bail and its conditions
b. Negotiating plea bargains with the judge
c. Informing defendants of the charges against them
d. Appointing counsel for indigent defendants
Q:
An FBI study discussed in United States v. Sanchez-Birruetta found that in a comparison of 250,000 rolled fingerprints, not one false-positive identification was made.
a. True
b. False
Q:
About 20% of defendants charged with petty offenses are released with a written promise to appear in court, which includes the charges and the court date, which the defendant signs, without admitting guilt. This is referred to as:
a. Waiver of Bail Release
b. R.O.R. (Released on Recognizance)
c. Conditional Ticket Release
d. Unsecured Bond Release
Q:
Scent evidence may be used to gain a conviction of a suspect.
a. True
b. False
Q:
The right to counsel attaches:a. when the government files formal charges against defendants. b. as soon as police investigation focuses on a particular suspect. c. only at the trial.d. only after arraignment.
Q:
Fingerprint evidence cannot pass the Daubert test.
a. True
b. False
Q:
Pro bonocounsel is:
a. an attorney admitted to practice before the Supreme Court.
b. a lawyer who represents someone in court without a fee.
c. court appointed counsel for those who cannot hire their own attorney.
d. another term for retained counsel.
Q:
In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel, courts interpreted that right to mean:a. all defendants must receive counsel at government expense.b. defendants have a right to counsel at trial provided they can afford one.c. defendants do not have a right to counsel until the trial itself, but once trial begins all defendants must receive lawyers even if they cannot afford them.d. only felony defendants are entitled to lawyers at government expense.
Q:
The courts have held that protective sweeps are not a violation of the Fourth Amendment.
a. True
b. False
Q:
If a police officer has been murdered at the scene, police may lawfully search the scene for up to four days before obtaining a warrant.
a. True
b. False
Q:
According to the Supreme Court opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:a. due process entitles all persons not convicted of crimes a single cell.b. strip searches violate the constitutional rights of persons not yet convicted of crimes. c. double bunking amount to unconstitutional punishment.d. prison administrators should be accorded wide ranging deference in the adoption of jail policies.
Q:
In Schmerber v. California, the U.S. Supreme Court approved the hot-pursuit exception.
a. True
b. False
Q:
The term _________prosecution refers to prosecutorial discretion in determining which cases are actively pursued in light of resource availability and priority of case outcomes.a. situationalb. indeterminate c. selectived. flexible
Q:
Exigent circumstances exist when there is some sort of emergency.
a. True
b. False
Q:
Diversion involves which of the following activities?a. Diverting suspects into treatment programming as a measure to avoid trial and it may involve a conditional dropping of charges.b. Assigning 24 hour oversight of offenders with a history of two or more offenses because of jail overcrowding.c. Ensuring that parolees are able to divert funds into a savings account for paying fines.d. Sending the convicted offender to jail by diverting him first to a work program.
Q:
During which of the following stages of the criminal process does an individual NOT have a right to counsel?a. Custodial interrogation b. Search following arrest c. Pretrial hearingsd. Arraignment
Q:
The "hot-pursuit" exception to the warrant requirement does not apply to homes.
a. True
b. False
Q:
There is a "murder scene exception" to the warrant requirement.
a. True
b. False
Q:
Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:
a. by the police at time of arrest.
b. by a magistrate at the first appearance.
c. by a judge at the preliminary hearing.
d. by a judge at trial.
Q:
Officers can lawfully make warrantless searches of premises if incident to an arrest.
a. True
b. False
Q:
In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer:a. without unreasonable delay, under all the circumstances.b. within 36 hours of arrest, ordinarily. c. within 48 hours of arrest, ordinarily. d. within 24 hours of arrest, ordinarily.
Q:
Discuss overheard conversations in terms of evidence collection.
Q:
What is the term used to describe a lawyers willing to represent their client at no charge?a. Counsel pro bono b. Appointed counsel c. Indigent counseld. Retained counsel
Q:
Discuss e-mail in terms of evidence collection.
Q:
In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case on to trial:a. the detention decision requires probable cause, while the trial decision requires reasonable suspicion. b. the detention decision requires reasonable suspicion, while the trial decision requires probable cause. c. both decisions require reasonable suspicion only.d. both decisions require probable cause, but less probable cause is needed to justify the detention decision than is necessary to justify the trial decision.
Q:
Discuss using Global Positioning Systems (GPS) in evidence collection.
Q:
What percentage of cases are dropped because of the exclusionary rule?a. less than 2%b. about 5% c. about 10% d. about 15%
Q:
Nearly ________people are locked up in jail before they are convicted or released.a. 250,000 b. 500,000 c. 750,000 d. 1 million
Q:
Define administrative search warrants and the requirements of these types of warrants.
Q:
If an individual is arrested and the prosecutor decides to charge them with a crime, they do so by:
a. notifying by memo the judge who, if the case goes to trial, will probably preside.
b. notifying by memo the lawyer representing the accused.
c. filing a complaint, information, or indictment with the court.
d. notifying the accused by letter.
Q:
Discuss daytime and nighttime warrant executions and no-knock entries. What problems do you believe are inherent with each? Do you agree with the courts? Why or why not?
Q:
Describe four Fourth Amendment requirements for the issuance of valid search warrants. Provide examples of each.
Q:
Discuss, describe, compare, and contrast anticipatory, no-knock, and sneak-and-peak warrants. Provide examples of each.
Q:
In _________cases, prosecutors agree to drop the case before formal judicial proceedings begin, on the condition that suspects participate in and complete a program.a. diversion b. validatedc. discretion-laden d. selective
Q:
What were the facts and holding of the U.S. Supreme Court in Katz v. U.S.?Why is this decision important?
Q:
Can you sue a judge or a prosecutor for damages resulting from actions performed in their official capacities? Explain.
Q:
The statutory exclusionary rule for unlawfully intercepted telephone conversations does not apply to ____________________.
Q:
Identify two elements plaintiffs in 1983 actions against state and local law enforcement officers have to prove. Identify and describe two limits placed by the U.S. Supreme Court in 1983 actions against state and local officers.
Q:
Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.
Q:
The Fourth Amendment requires that assertions of facts in the warrant application be supported by oath or ____________________.
Q:
Luggage or a package may be ____________________to obtain a search warrant where probable cause exists to believe that the package or luggage contains evidence of a crime
Q:
Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.
Q:
Summarize the Bivens v. Six UnnamedFBIAgentscase, and explain its significance.