Criminal Procedure: From First Contact to Appeal, law homework help

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TEXTBOOK  Criminal
Procedure: From First Contact to Appeal

  5th Edition, 2014
ISBN-13: 9780133494952

AUTHOR  John
L. Worrall

PUBLSIHER  Prentice Hall


Multiple Choice Questions

1.  Which
view of incorporation favors incorporation of certain protections enumerated in
the Bill of Rights, but not all of them? It deems certain rights as being more
critical or fundamental than others.

a.  Total
Incorporation

b.  Selective
Incorporation

c. 
Total Incorporation Plus

d.  Case-by-Case
Incorporation

2.  Which
incorporation perspective has arguably “won out” over the others? 

a.  Total
Incorporation

b.  Selective
Incorporation

c. 
Total Incorporation Plus

d.  Case-by-Case
Incorporation

3.  A
precedent is a rule of case law that is binding on all lower courts and the
court that issued it. The courts will defer to prior decisions based on a
similar set of facts and legal questions. This doctrine is known as:

a.  Res
Gestae.

b.  Scire
Feci.

c. 
Stare Decisis.

d.  Suo
Motu.

4.  When
a decision does not apply to the current facts, a court will _________, saying,
in effect, that because the facts of the present case are different, the case
cannot be decided the same way. 

a.  distinguish
the case

b.  use
case precedent

c. 
judge decision

d.  enact
case law

5.  The
theory world and real world can differ for which of the following reasons?

a.  The
Supreme Court sometimes makes decisions on excruciatingly detailed matters that
have almost no applicability to most law enforcement officers most of the time.

b.  The
Supreme Court frequently hands down decisions that would seem to have dramatic
effects on the nature of law enforcement, but actually involve issues that are
already being addressed by many police agencies.

c. 
What the courts say and what the police do can
differ simply as a consequence of some aspect of the U.S. legal system.

d.  All
of the above.  

6.  The
primary purpose of criminal procedure is to maintain the proper balance
between: 

a.  controlling
crime and due process.

b.  dictatorship
and democracy.

c. 
servitude and equality.

d.  protection
and procedure.

7.  Which
of the following is NOT one of the concepts underlying the due process
perspective?

a.  The
criminal process looks, or should look, something like an “obstacle course.”

b.  Quantity
is better than quality.

c. 
Formality is preferred over informality.

d.  A
great deal of faith is put in the courts. 

8.  Which
of the following is NOT a characteristic of the crime control perspective?

a.  Assembly-line
justice

b.  Quantity
over quality

c. 
Insistence on informality 

d.  Faith
in the courts

9.  Legal
guilt is determined by whether a person is guilty according to the:

a.  police

b.  judge

c. 
law

d.  jury

10.  Which
exception to the fruit of poisonous tree doctrine permits the introduction of
evidence if it has become attenuated to the extent that it dissipated the taint
of the initial unconstitutional act?

a.  Independent
source exception

b.  Purged
taint exception

c. 
Inevitable exception

d.  Questionable
procedure exception

11.  Which
exception to the fruit of the poisonous tree doctrine permits the introduction
of  evidence if it has arrived via an
independent source, such as a party disconnected from the case at hand?

a.  Independent
source exception

b.  Purged
taint exception

c. 
Inevitable exception

d.  Questionable
procedure exception

12.  Which
exception to the fruit of the poisonous tree doctrine permits the introduction of
evidence if it would have been discovered anyway?

a.  Independent
source exception

b.  Purged
taint exception

c. 
Inevitable exception

d.  Questionable
procedure exception

13.  At
the federal level, the most common statute for holding police officers
criminally liable is:

a.  18
U.S.C. Section 242.

b.  18
U.S.C. Section 1983.

c. 
18 U.S.C. Section 1982.

d.  18
U.S.C. Section 243.

14.  To
be held liable under Section 242, a law enforcement officer must:

a.  negate
a person’s rights without forethought.

b.  unintentionally
deny an individual his or her rights.

c. 
act with specific intent to deprive a person of
important constitutional (or other federal) rights.

d.  inadvertently
impose restrictions on a person’s constitutional rights.

15.  In
order for criminal liability to be imposed under Section 242, a(n) ____________
right must be clearly established.

a.  constitutional

b.  inalienable

c. 
legal

d.  ethical

16.  42
U.S.C Section 1983 is used for:

a.  criminal
liability.

b.  civil
liability.

c. 
misdemeanor charges.

d.  none
of the above.

17.  A
defense that shields police officers from criminal liability when performing
certain official functions, such as using deadly force, is referred to as:

a.  public
duty defense.

b.  immunity
defense.

c. 
injunctive relief defense.

d.  exception
defense.

18.  Police
officers act under color of law when they:

a.  fail
to file official documents.

b.  wear
plain clothes during off-duty hours.

c. 
identify themselves as officers.

d.  settle
a personal vendetta.

19.  Government
action alone is not enough to implicate the Fourth Amendment. The law  enforcement activity must also infringe on a
person’s:

a.  reasonable
expectation of privacy.

b.  subjective
thoughts of privacy.

c. 
objective determination of behavior.

d.  knowing
exposure.

20.  When
people __________ convey information or provide material to third parties, they
cannot have a reasonable expectation of privacy (even if those third parties
are best friends) because the third parties could easily turn the information
over to authorities.

a.  unwillingly

b.  involuntarily

c. 
easily

d.  voluntarily

21.  In
which case did the Supreme Court find that respondents could have no
reasonable  expectation of privacy for
abandoned property?

a.  California
v. Greenwood

b.  United
States v. On Lee

c. 
Hoffa v. United States

d.  Katz
v. United States

22.  According
to the Supreme Court, which of the following is the “area to which extends
the  intimate activity associated with
the sanctity of a man’s home and the privacies of life”? a. Open field

b.  Curtilage

c. 
Physical presence

d.  Venue

23.  Any
unoccupied or undeveloped real property falling outside the curtilage of a home
is referred to as:

a.  curtilage.

b.  range.

c. 
open field.

d.  house.

24.  Flashlights,
drug dogs, satellite photography, and thermal imagery are all examples of:

a.  surveillance
equipment.

b.  enforcement
weapons.

c. 
enhancement devices.

d.  combat
tactical.

25.  When
there is some meaningful interference with an individual’s possessory interest
in that property, it is defined as a:

a.  seizure
of property.

b.  seizure
of persons.

c. 
seizure.

d.  search.

Multiple Choice Questions 

1.  Why
focus attention on the constitutionality of arrests?

a.  The
constitutionality of an arrest is critical in determining whether evidence
seized in  connection with the arrest is
admissible in court.

b.  An
innocent person may sue an officer or department if unlawfully detained.

c. 
There is no recourse of an unlawful arrest.

d.  None
of the above

2.  The
act of taking an individual into custody for the purpose of charging the person
with a criminal offense (or, in the case of a juvenile, a delinquent act) is
referred to as a(n): a. stop.

b.  arrest.

c. 
search.

d.  seizure.

3.  A(n)
_________ is a brief nonconsensual encounter between a law enforcement officer
and a citizen that does not rise to the level of an arrest; it is the detention
of a person by a law  enforcement officer
for the purpose of investigation.

a.  stop

b.  arrest

c. 
search

d.  seizure

4.  In
which key case did the Supreme Court define the meaning of arrest as more than
restricting a person’s movement?

a.  Davis
v. Mississippi

b.  Florida
v. Royer

c. 
Henry v. United States

d.  Terry
v. Ohio

5.  In
which case did the Supreme Court rule that stationhouse detentions require
probable cause? a. Carroll v. United States

b.  Michigan
v. Summers

c. 
Florida v. Royer,

d.  Davis
v. Mississippi

6.  In
determining if an arrest has occurred, the courts will weigh:

a.  the
duration of a stop.

b.  the
degree of the intrusion.

c. 
officers’ intentions.

d.  all
of the above.

7.  Emergency
circumstances, including hot pursuit, the possibility of escape, or
evanescent  evidence are examples of:

a.  crucial
exceptions.

b.  exception
clauses.

c. 
exclusionary rules.

d.  exigent
circumstances.

8.  Which
of the following is NOT a type of exigency recognized by the courts that
authorizes the police to act without a warrant?

a.  Hot
pursuit

b.  Likelihood
of escape or danger to others absent of hot pursuit

c. 
Evanescent evidence

d.  Inconvenient
to obtain a warrant

9.  Evanescent
evidence refers to evidence that is likely to:

a.  be
hidden.

b.  spoil.

c. 
disappear.

d.  be
transferred to another location.

10.  A
warrantless search for evanescent evidence is permissible when:

a.  there
is probable cause to believe that evidence will be destroyed, lost, or
devalued.

b.  the
procedures employed are reasonable.

c. 
the exigency was not police-created.

d.  All
of the above

11.  The
Supreme Court first permitted warrantless hot pursuit searches in:

a.  Chimel
v. California.

b.  Sibron  v.  New  York.

c. 
Warden v. Hayden.

d.  Welsh
v. Wisconsin.

12.  In
which landmark case did the Supreme Court carve out the automobile exception to
the Fourth Amendment’s warrant requirement?

a.  Carroll
v. United States

b.  Cardwell
v. Lewis

c. 
California v. Carney

d.  Thoraton
v. United States

13.  Which
of the following are considered restrictions on frisks?

a.  Frisks
are to be nothing more than pat-downs of outer clothing.

b.  Frisks
must be motivated by a desire to preserve officer safety.

c. 
For an officer to legally seize an item during
the course of a frisk, the item to be seized must be immediately apparent to
the officer as contraband.

d.  All
of the above

14.  Which
case found that officers can demand identification in certain situations?

a.  Hiibel
v. Sixth Judicial District Court of Nevada

b.  Chicago
v. Morales

c. 
Kolender v. Lawson

d.  Papachristou
v. City of Jacksonville

15.  In
which case did the Supreme Court hold that police officers can stop and detain
motorists in their vehicles with “articulable and reasonable suspicion?”

a.  Terry
v. Ohio

b.  Pennsylvania
v. Mimms

c. 
Delaware v. Prouse

d.  Maryland
v. Buie 

16.  The
decision in Pennsylvania v. Mimms:

a.  allows
officers to frisk suspects’ outer clothing.

b.  authorize
the police to stop suspicious-looking individuals based on less than reasonable
suspicion.

c. 
allows an officer to demand identification from
citizens.

d.  authorizes
a police officer to order a driver out of a car.

17.  In
which case did the Supreme Court hold that police officers, with reasonable
suspicion, can order drivers out of their cars?

a.  Terry
v. Ohio

b.  Pennsylvania
v. Mimms

c. 
Delaware v. Prouse

d.  Maryland
v. Buie

18.  Stops
and frisks are considered which type of acts?

a.  Necessary

b.  Advisory

c. 
Separate

d.  Independent

19.  Person
inventories are sometimes called:

a.  armspan
searches.

b.  custodial
inventories.

c. 
arrest inventories.

d.  search
incident to arrest.

20.  In
which case did the Supreme Court sanction fire inspections?

a.  Camara
v. Municipal Court

b.  Michigan
v. Tyler

c. 
United States v. Ramsey

d.  Carroll
v. United States

21.  The
Supreme Court has authorized warrantless inspections of:

a.  firearms
dealerships.

b.  vehicle
junkyards.

c. 
closely regulated businesses.

d.  all
of the above.

22.  In
which case did the Supreme Court sanction sobriety checkpoints?

a.  Carroll
v. United States

b.  Michigan
Dept. of State Police v. Sitz

c. 
Delaware v. Prouse

d.  United
States v. Villamonte-Marquez

23.  Which
of the following is an unconstitutional checkpoint?

a.  Border
checkpoint

b.  Sobriety
checkpoint

c. 
License and safety checkpoint

d.  Suspicionless
checkpoints for detecting illegal drugs

24.  In
which case did the Supreme Court declare that checkpoints for the purpose of
detecting evidence of criminal activity are unconstitutional?

a.  Carroll
v. United States

b.  Michigan
Dept. of State Police v. Sitz

c. 
Delaware v. Prouse

d.  City
of Indianapolis v. Edmond

25.  A
claim of racial profiling can be raised pursuant to:

a.  the
Fourth Amendment.

b.  the
Fifth Amendment.

c. 
Title VI of the Civil Rights Act of 1964.

D .42 U.S.C. Section 242

Multiple Choice Questions 

1.  In
which case did the Supreme Court hold that the prosecution “may not use
statements, whether exculpatory or inculpatory, stemming from custodial
interrogation of the  defendant…”?

a.  Massiah
v. United States

b.  Rochin
v. California

c. 
Miranda v. Arizona

d.  Kirby
v. Illinois

2.  Besides
interrogation, which of the following is/are central element(s) of the Miranda
approach to confessions and interrogations?

a.  Custody

b.  General
questioning

c. 
Formal criminal proceedings

d.  All
of the above

3.  Custody
is defined by the Supreme Court as happening when:

a.  A
person has been taken into “custody.”

b.  A
person has been formally arrested.

c. 
A person has been deprived of his freedom of
action in any significant way. d. All of the above

4.  Which
of the following can be considered interrogation for Miranda purposes?

a.  Formal
questioning.

b.  Functional
equivalent of questioning.

c. 
Asking a question that is reasonably likely to
elicit an incriminating response. d. All of the above

5.  Which
of the following is NOT an essential element of the Miranda warnings?

a.  “You  have  the  right  to  remain  silent.”

b.  “You  have  the  right  to  an  attorney.”

c. 
“If you cannot afford an attorney, one will be
provided for you.”

d.  “You  have  the  right  to  stop  answering  questions  at  any  time.”

6.  What
is the appropriate level of proof for showing a valid Miranda waiver?

a.  Proof
beyond a reasonable doubt

b.  Probable
cause

c. 
Preponderance of evidence

d.  Clear
and convincing evidence

7.  When
identification procedures violate constitutional provisions, the results from
such  procedures cannot be considered:

a.  reliable.

b.  accurate.

c. 
admissible in a criminal trial.

d.  All
of the above

8.  Which
of the following helps ensure a reliable lineup?

a.  At
least five people appear in the lineup.

b.  All
persons in the lineup have the same physical characteristics.

c. 
The suspect should be permitted to choose his or
her place in line.

d.  All
of the above

9.  A
photographic array consisting of one picture may be sanctioned if:

a.  the
witness had ample time to view the suspect.

b.  the
witness paid special attention to the suspect.

c. 
the witness’s description is accurate.

d.  All
of the above

10.  What
do show-ups consist of?

a.  The
suspect and an eyewitness

b.  At
least five people

c. 
The suspect and the suspect’s attorney

d.  At
least three people

11.  Which
of the following is always preferable to show-ups?

a.  Lineups

b.  Single
photographic identification

c. 
Video arrays

d.  In-court
show-ups

12.  If
an in-court identification is influenced by an out-of-court identification, it
is called a(n): a. tainted identification.

b.  flawed
identification.

c. 
unreliable identification.

d.  improper
identification.

13.  Which
of the following is a method of pretrial release where the defendant promises
to show up when required, without having to pay money?

a.  Bail

b.  Preventive
detention

c. 
Release on own recognizance

d.  Absentee
trial

14.  For
which of the following crimes would release on recognizance most likely be
ordered? a. Murders

b.  Rapes

c. 
Robberies

d.  Petty
thefts

15.  Which
of the following can be considered criteria for deciding whether pretrial
release should be granted?

a.  Flight
risk

b.  Dangerousness

c. 
Ability to pay

d.  All
of the above

16.  In
response to many defendants’ inability to post bail, professional
________________ have stepped in.

a.  bankers

b.  loan
officers

c. 
bail bonds agents

d.  skip
tracers

17.  Which
of the following is NOT an appropriate consideration in setting bail?

a.  Potential
dangerousness of alleged offender

b.  Offsetting
court costs

c. 
Risk of flight

d.  Financial
status

18.  Which
of the following usually takes place after a pretrial release decision has been
made? a. Initial appearance

b.  Bail

c. 
Preliminary hearing

d.  All
of the above

19.  Which
of the following is true about the preliminary hearing?

a.  The
accused enjoys the right to counsel.

b.  The
exclusionary rule does not technically apply in preliminary hearings.

c. 
There is no constitutional right for the accused
to cross-examine.

d.  All
of the above

20.  Which
of the following is intended to prevent hasty, malicious, improvident, and
oppressive prosecutions?

a.  Trial

b.  Pretrial
release hearing

c. 
Preliminary hearing

d.  Arraignment

21.  When
a prosecutor charges an individual simply because the individual is exercising
his or her constitutional rights, it is known as ___________________
prosecution.

a.  selective

b.  vindictive

c. 
aggressive

d.  zealous

22.  In  Yick  Wo  v.  Hopkins, the  Supreme  Court  addressed  the  issue  of:

a.  selective
prosecution.

b.  charge
joinder.

c. 
grand jury behavior.

d.  prosecutorial
immunity.

23.  When
is the best time to resolve the question of whether joinder is appropriate?

a.  After
the trial

b.  Before
the trial

c. 
During the trial

d.  None
of the above

24.  Why
may the defense argue against joinder?

a.  The
jury may not consider the criminal acts separately.

b.  The
jury may view all the evidence against the accused as inadequate.

c. 
Only one criminal defense can be asserted.

d.  All
of the above

25.  The
right to a grand jury can be found in which constitutional amendment?

a.  Fourth

b.  Fifth

c. 
Sixth

d.  Fourteenth

Multiple Choice Questions 

1.  Pleas
bargaining includes charge bargaining, sentence bargaining, and
_________________ bargaining. 

a.  number

b.  count

c. 
judge

d.  appeal

2.  Sentence
bargaining requires who to be involved?

a.  Prosecutor

b.  Judge

c. 
Defense attorney

d.  All
of the above

3.  Which
of the following are acceptable plea bargains?

a.  A
lighter sentence

b.  Certain
probation conditions

c. 
Prosecutor’s decision not to prosecute under a
habitual offender statute

d.  All
of the above

4.  Which
of the following best describes the Supreme Court’s view on plea bargaining?

a.  The
Court supports it unequivocally.

b.  The
Court supports it but requires that certain procedures be followed.

c. 
The Court disagrees with it.

d.  None
of the above

5.  Which
of the following can be considered impermissible inducements by the
prosecution?

a.  Prosecutor
threatens the defendant with increased charges against a third party

b.  Prosecutor
threatens the defendant with decreased charges against a third party

c. 
Prosecutor flagrantly deceives the defendant

d.  All
of the above

6.  Which
of the following is a type of plea bargaining where the prosecutor offers a
reduction in the severity of the alleged crimes?

a.  Sentence
bargaining

b.  Charge
bargaining

c. 
Indictment bargaining

d.  None
of the above

7.  Which
of the following is a type of plea bargaining where the defendant agrees to
plead guilty in exchange for less serious consequences?

a.  Sentence
bargaining

b.  Charge
bargaining

c. 
Indictment bargaining

d.  None
of the above

8.  Charge
bargaining is usually carried out between whom?

a.  The
judge and prosecutor

b.  The
judge and defense

c. 
The defense and the prosecutor

d.  None
of the above

9.  Which
of the following are examples of ad hoc plea bargaining?

a.  Prosecutor
offers reduction in sentence

b.  Prosecutor
offers reduction in charges

c. 
Accused is required to accept extraordinary
condition of probation

d.  All
of the above

10.  The
right to an impartial jury stems from which constitutional amendment? a. Fifth

b.  Sixth

c. 
Seventh

d.  Eighth

11.  The
right to a jury trial applies in:

a.  noncriminal
proceedings.

b.  civil
proceedings.

c. 
criminal cases in which the penalty for a single
offense exceeds six months.

d.  all
petty offenses.

12.  The
United States Supreme Court has ruled what as the minimum number of jurors
needed to comply with constitutional requirements in a criminal case?

a.  3

b.  5

c. 
6

d.  9

13.  For
a waiver of a jury trial to be valid, it must be:

a.  express.

b.  intelligent.

c. 
voluntary.

d.  All
of the above

14.  Most
juries in criminal cases consist of how many members?

a.  6

b.  12

c. 
18

d.  24

15.  How
many stages are there to jury selection?

a.  One

b.  Two

c. 
Three

d.  Four

16.  The
list of potential jury members is known as the:

a.  jury
pool.

b.  master
jury wheel.

c. 
jury list.

d.  All
of the above

17.  In
most states potential jurors need to be:

a.  of
a certain age.

b.  U.S.
citizens.

c. 
free of felony convictions.

d.  All
of the above

18.  Which
of the following is a valid technique for challenging the composition of a
jury?

a.  Equal
protection challenge

b.  Due
process challenge

c. 
Sixth Amendment challenge

d.  All
of the above

19.  A
jury that represents a “fair cross-section” of the community within the meaning
of the Sixth Amendment is one that does not exclude:

a.  racial
minorities.

b.  women.

c. 
distinctive groups.

d.  All
of the above

20.  In
Melendez-Diaz v. Massachusetts, the Supreme Court ruled that an analyst’s
laboratory report prepared for the prosecution was: 

a.  admissible
based on a well-established hearsay exception.

b.  testimonial,
so the defendant should have been allowed to cross-examine the analyst.

c. 
admissible because scientific reports are
reliable.

d.  testimonial
unless a testable sample of the material on which the report is based is made
available to the defendant. 

21.  Which
constitutional amendment contains the double jeopardy clause?

a.  Fourth

b.  Fifth

c. 
Sixth

d.  Fourteenth

22.  Double
jeopardy occurs when, for the same offense, a person is:

a.  re-prosecuted
after acquittal.

b.  re-prosecuted
after conviction.

c. 
subjected to separate punishments for the same
offense.

d.  all
of the above.

23.  In
which case did the Supreme Court declare that protection against double
jeopardy is a  fundamental right? 

a.  Benton
v. Maryland

b.  Gideon
v. Wainwright

c. 
Kansas v. Hendricks

d.  Blockburger
v. United States

24.  Which
of the following can be considered a separate sovereign for double jeopardy
purposes? a. Cities

b.  Counties

c. 
States

d.  Different
state appellate court districts

25.  The
constitutionally guaranteed protection against ________________ is designed to
ensure that a person who has been convicted or acquitted of a crime is not
tried or punished for the same offense more than once.

a.  entrapment

b.  self-incrimination

c. 
double jeopardy

d.  None
of the above


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