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CRIMINAL JUSTICE EXAM 2

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When a defendant is released from custody without bail upon the promise to return: A. release by vow B. release on recognizance C. conditional release D. intermediate release

The use of an alternative to trial, such as referral to a treatment or employment programs is called: A. diversion B. discretion C. intermediate referral D. vicarious victimization

Under the Katz doctrine, in which of the following locations may a conversation be taped without a warrant? A. in the suspect's garage B. in a public park C. in the suspect's car D. all of the above

Under the Riverside County v. McLaughlin ruling, how long can a person be detained without a court hearing? A. 24 hours B. 48 hours C. 72 hours D. As long as necessary

What happens if a suspect waives his or her Miranda rights? A. questioning by the police must stop B. they are released from police custody C. the police are required to appoint an attorney if the suspect cannot afford an attorney D. any statement the suspect makes is admissible in a court of law

What procedure is often used as an alternative to the grand jury? A. the initial hearing B. the arraignment C. the preliminary hearing D. the criminal trial

What role is most problematic and controversial in plea negotiations? A. prosecutor B. defense attorney C. defendant D. judge

When attorneys carry out their duties with little or no compensation this is called: A. rendered fees B. pro bono C. gratis liberte D. emancipated duties

When people placed in diversion programs who are believed to be the ones most likely to have otherwise been dismissed after a brief hearing with a warning or small fine, this is referred to by critics as: A. widen the net B. misrepresenting the system C. abomination of justice D. exculpatory practices

Which decision made the exclusionary rule applicable to the federal court system? A. Mapp v. Ohio B. Wolf v. Colorado C. Bell v. Moore D. Weeks v. United States

Which of the first Amendments was bail incorporated into in order to prohibit excessive bail. A. 7th B. 8th C. 14th D. 22nd

Which of the following Amendments is NOT primarily used to guarantee to require counsel in all types of criminal proceedings A. fourth B. fifth C. sixth D. fourteenth

Which of the following is NOT a primary duty of the prosecuting attorney A. interviewing witnesses B. subpoenaing witnesses C. entering into plea bargains D. representing the state at executions

Which of the following is NOT a primary reason shown to affect judges' decisions according to the text. A. attitudes and ideology B. gender C. pay scale D. reelection

The Court's decision in Illinois v. Gates established which legal standard? A. The knock and announce rule B. The totality of circumstances test C. The plain view doctrine D. The plain feel doctrine

Discussions between defense counsel and prosecution in which the accused agrees to plead guilty in exchange for certain considerations, such as reduced changes, is referred to as: A. plea bargaining B. imploration requesting C. declaration of entreaty D. intermediate sanctioning

The Fourth Amendment specifically states that no warrants shall be issued but upon A. police discretion B. due process of the law C. probable cause D. legal authority of a law enforcement agent

According to early English Law, under the ____________________ no "freeman' could be seized and imprisoned unless he had been judged by his peers. A. Twelve Tables B. Treaty of Winsor C. Magna Carta D. Metropolitan Police Act

Admission into law school requires a four year degree and the taking of the standardized test known as the: A. Law School Admission Test (LSAT) B. Law School Placement Exam (LSPE) C. Standardized Admission for Law-school Examination (SALE) D. Bar Examination Remittance Exam (BERE)

The concept of the American grand jury was brought to the colonies by early settlers and later incorporated into the __________________ Amendment. A. 1st B. 4th C. 5th D. 8th

The Supreme Court of the United States is comprised of: A. 50 members, one for each state B. 9 members appointed by Congress and approved by the President C. 13 members appointed by The Senate and approved by Congress D. 9 members appointed by the President and approved by Congress

A _____________ occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense. A. arrest B. search C. warrantless search D. seizure

A court which has jurisdiction over misdemeanors and conducts preliminary investigations of felony charges is referred to as: A. court of appeals B. court of limited jurisdiction C. specialized court D. magistrate court

A government actor's infringement on a person's reasonable expectation of privacy is referred to as a: A. warrant C. curtilage C. search D. seizure

A group of citizens chosen to hear charges against a person accused of a crime and to determine if there is sufficient evidence to proceed to trial. A. civil jury B. grand jury C. prosecutorial jury D. pre-trial jury

A method of judicial selection that combines a judicial nominating commission, executive appointment, and nonpartisan confirmation elections. A. Missouri Plan B. Mark English Plan C. dispute resolution D. concept summary plan

A pretext stop refers to _______________________________ A. one in which police officers stop a car because they suspect the driver is involved in a crime but lack probable cause B. one in which police officers have probable cause that a driver is involved in crime C. one in which an undercover unit witnesses a driver committing a crime, such as a drug purchase, and a secondary vehicle makes the stop D. one in which a car has multiple passengers so a search is necessary for officer safety

About _________________ of all pretrial programs have developed special risk-assessment procedures for defendants charged with domestic violence offenses. A. one-third B. one-fourth C. one-quarter D. one-half

The court case of ___________________ guarantees the accused the right to counsel when in custody and thereafter. A. Weeks v. Illinois B. Miranda v. Arizona C. Bell v. VMI D. Takasugi v. Washington

After an indictment is filed following a preliminary hearing, at the _____________________, the judge informs the defendant of the charges against him or her and appoints counsel if one has not yet been retained. A. plea bargain B. pre-trial C. arraignment D. bench hearing

An informal dispute resolution process in which a neutral third party helps disputing parties reach an agreement. A. arbitration B. mediation C. meditation D. circle sentencing

An order of a superior court requesting that a record of an inferior court be brought forward for review or inspection. A. writ of habeas corpus B. writ of certiorari C. writ of lottare D. writ of Hammurabi's Code

Any unoccupied or undeveloped real property outside the grounds attached to a home is referred to as: A. curtilage B. open field C. abandoned property D. private property

Assume the United States is on the verge of passing mass immigration reform laws which mandate the granting of immediate citizenship to all illegal aliens, of any nationality, at the start of the new year. The legality of the case of heard in federal court and is now in the hands of the Supreme Court. Answer the following questions with this information. How many justices must agree the matter is worth the Supreme court hearing before the case will come before the court? A. 3 B. 4 C. 5 D. all members must agree

Assume the United States is on the verge of passing mass immigration reform laws which mandate the granting of immediate citizenship to all illegal aliens, of any nationality, at the start of the new year. The legality of the case of heard in federal court and is now in the hands of the Supreme Court. Answer the following questions with this information. In order for the Supreme Court to hear the case it must first request a record of the inferior court be brought forth in a process called: A. a writ of certiorari B. a habeas corpus C. male in se document D. dissenting opinion

The U.S. Supreme Court's interpretation of the 8th Amendment's provisions on bail was set in 1951 in the case of ____________________________. A. Stack v. Boyle B. Crosby v. Malkin C. Tennessee v. Martin D. McNamara v. Driscoll

The _________ Amendment protects an individual's right to freedom from self-incrimination? A. first B. fourth C. fifth D. fourteenth

The basic principle of the law of electronic surveillance is that wire-tapping and other devices that violate privacy are contrary to the _____ Amendment. A. First B. Fourth C. Eighth D. Fourteenth

The case of Yick Wo v. Hopkins (1886) involved the illegal practice of A. discrimination by unequal justice of overzealous prosecutors B. discrimination with the selection of jury members C. discrimination in the hiring process of prosecutors and defense attorneys D. discrimination of merit selections laws based on gender inequality

Rhode Island was credited with creating the nation's first ___________ in 1994 concerned mainly with minimizing delay and ensuring tough penalties for offenders. A. drug court B. gun court C. 3 strikes court D. domestic violence court

Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania is arrested for premeditated murder of his wife Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately 3 miles from her house two weeks after she was reported missing by her parents. Using this information, answer the following questions. Being a profile case for the city and surrounding area, it is important for the prosecutor and defense to question the jurors to eliminate any bias. This process is called: A. venire B. voir dire C. challenge for cause D. peremptory challenge

Chad Faulstick, a construction worker from Pittsburgh, Pennsylvania is arrested for premeditated murder of his wife Charity. Charity, a school teacher in Pittsburgh, was found dead and buried in woods approximately 3 miles from her house two weeks after she was reported missing by her parents. Using this information, answer the following questions. Having presented its case against Mr. Faulstick, the prosecution rests. Concerned the state has not proved the charge against the defendant beyond a reasonable doubt Mr. Faulstick's attorney enters a motion for a ________________. A. cross-examination B. direct verdict C. exculpatory clause D. rebuttal verdict

Search warrants are typically issues by a. the arresting officer b. the chief of police c. a judge d. the prosecuting attorney

Criminal appeals represent about _________ of the total number of cases processed by the nation's appellate courts. A. 10% B. 25% C. 50% D. 75%

Donald Reed, a Vietnam Veteran, and former engineer was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing is wife in 1999 and losing his job in 2006. Knowing what you know, answer the following questions. If Mr. Reed was given an attorney by definition who is a private attorney appointed by the court to represent a criminal defendant who cannot afford one then he would be represented by: A. an assigned counsel B. a public defender C. a contract system D. a contractor

Donald Reed, a Vietnam Veteran, and former engineer was arrested for possession of marijuana and resisting arrest after officers found him smoking the drug under a bridge overpass in Cincinnati, Ohio. Mr. Reed is currently unemployed and is homeless after divorcing is wife in 1999 and losing his job in 2006. Knowing what you know, answer the following questions. The right to an attorney for those who are unable to afford one was made law by the Supreme Court in 1963 and in this year was expanded to include any crime, felony or misdemeanor where jail/prison time was an option. A. 1966 B. 1973 C. 1980 D. 1991

Frank Crutchfield was arrested for murder of his co-worker Robert Bell in 2012 following an argument over the use of the copy machine and the length in which it took Mr. Bell to complete his tasks. Mr. Crutchfield told his coworkers of his anger toward Mr. Bell previously but his anger toward Mr. Bell was not taken seriously by his coworkers. Mr. Crutchfield was arrested in August of 2012. Given this information, answer the following question: At his initial hearing, also called a ________________________, Mr. Crutchfield pleads not guilty to the crime of murder in the 1st degree. A. arraignment B. probable cause hearing C. preliminary hearing D. pretrial hearing

Frank Crutchfield was arrested for murder of his co-worker Robert Bell in 2012 following an argument over the use of the copy machine and the length in which it took Mr. Bell to complete his tasks. Mr. Crutchfield told his coworkers of his anger toward Mr. Bell previously but his anger toward Mr. Bell was not taken seriously by his coworkers. Mr. Crutchfield was arrested in August of 2012. Given this information, answer the following question: The evidence against Mr. Crutchfield is presented to the grand jury who return a(n) _________________________ charging Mr. Crutchfield with the crime of murder. A. no bill B. indictment C. denunciation D. summons

In the case of __________________ the Court reaffirmed the legitimacy of its jurisdiction over state court decisions when such courts handled issues of federal or constitutional law. A. Martin v. Hunter's Lessee (1816) B. Georgia Diagnostic v. Davis (1901) C. Burgoyne v. Butler (2002) D. Plessy v. Ferguson (1872)

In the rural Appalachian Mountains two locals are known as possible marijuana growers. The police have been conducting surveillance on the two men for over 6 months and have found no visual evidence of the production or possession of an illegal substance. Having exhausted all other avenues answer the following questions to determine the legality of the police activities. After detecting the marijuana fields the police plan to execute a search warrant of the property at 11 pm on Friday the 12th to disguise them under the cover of darkness. The police enter through the front after knocking and announcing their presence, while another team photographs the fields and immediately burns them so no marijuana can be removed. The action is A. legal based on the execution of the search warrant B. illegal because of the time and manner is which is was conducted C. legal because the police knocked and announced D. illegal because police cannot enter a dwelling on a Friday

In the rural Appalachian Mountains two locals are known as possible marijuana growers. The police have been conducting surveillance on the two men for over 6 months and have found no visual evidence of the production or possession of an illegal substance. Having exhausted all other avenues answer the following questions to determine the legality of the police activities. The police find disposed trash bags which their surveillance team has visually detected leaving at the side of the road for the trash men to pick up. The police take the garbage and find large amounts of chemicals used for growing marijuana and marijuana as well. The action is a. deemed illegal because this is an invasion of privacy based on the Fourth Amendment b. deemed illegal because the expectation of privacy extends to one's belongings even when they are not in the immediate area c. deem legal based on the California v. Greenwood decision and upheld by the Supreme Court d. deemed legal because police have the right to go through garbage whenever and whenever it is detected

Individuals who are either denied bond or cannot afford to post bond are referred to as: A. recognizance offenders B. pretrial detainees C. captive convict D. insolvent prisoner

Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a 22 year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly 45 minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above. A pat down search of the outer garments of clothing of both gentlemen A. violates the Fourth Amendment since there is no probable cause B. is allowed due to the ruling determined in the Terry v. Ohio case C. is illegal because the suspects are under the age of 21 D. is allowed because both men lose their right to privacy since they are in a public place

Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a 22 year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly 45 minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above. If Officer Brooklyn, after arresting the suspects, searches the vehicle of the suspects this A. is allowed due to a search incident to an arrest B. is illegal based on the fruit of the poisonous tree doctrine C. is permissible due to probable cause requirements D. is illegal based on the ruling in Weeks v. United States

Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a 22 year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly 45 minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above. If in the arrest of Noah, Jackson takes off running and Officer Brooklyn's backup witnessing Jackson running into a building the officers must A. wait to obtain a search warrant B. must obtain approval from a superior pending a search warrant C. can enter due to the potential loss of evidence D. can enter because buildings are not protected under the Fourth Amendment

Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a 22 year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly 45 minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above. If in the arrest of Noah, Jackson takes off running and Officer Brooklyn's backup witnessing Jackson running into a building the officers must a. wait to obtain a search warrant b. must obtain approval from a superior pending a search warrant c. can enter due to the potential loss of evidence d. can enter because buildings are not protected under the Fourth Amendment

Jackson Joseph, age 18, and his cousin Noah, age 20, are standing near a convenient store in downtown Pittsburgh, Pennsylvania. Officer Brooklyn, a 22 year veteran notices the pair loitering around the store and avoiding eye contact with anybody entering and exiting the store. After witnessing these actions for nearly 45 minutes, Officer Brooklyn moves in to questions the suspects. Answer the following questions based on the scenario above. If the convenient store employees are later called to the station to identify the suspects based upon speculation of their involvement in the robbery of the store months ago, the suspects have the right to A. decline being part of the lineup B. have counsel present C. have a parent or guardian present D. nothing: their rights are surrendered

Laws which require certain dangerous defendants be confined before trial for their own protection and that of the community are called: A. preventive detention statutes B. avertable detention statutes C. exclusionary statutes D. avertable statutes

Martha "aka Shuffles" Hershey is arrested for soliciting prostitution from a minor, a 17 year old male in her small beach resort villa and kidnapping (transportation of a minor across state lines). Having paid the minor for sexual favors, she escorted him across state lines. At the time, Martha was 47 years old, married, had 2 kids, and her husband recently divorced her due to infidelity in the marriage. Given this basic information of the case, answer the following questions. If the court ordered Ms. Hershey and others (witnesses) to appear in court, they would be notified by a document called a _______________ specifying the date and time of the hearing. A. writ of certiorari B. subpoena C. banding document D. warrant

Martha "aka Shuffles" Hershey is arrested for soliciting prostitution from a minor, a 17 year old male in her small beach resort villa and kidnapping (transportation of a minor across state lines). Having paid the minor for sexual favors, she escorted him across state lines. At the time, Martha was 47 years old, married, had 2 kids, and her husband recently divorced her due to infidelity in the marriage. Given this basic information of the case, answer the following questions. Who would be most likely to represent Ms. Hershey in the criminal case against her? A. Fred Davidison, assistant prosecuting attorney B. Dawn Bell, from Bell, Kessner, and Harris law firm C. Rachel McLaughlin, prosecuting attorney of Cabell County D. Mike Heise, attorney general for the state.

Minnick v. Mississippi (1990) is most known for the ruling that A. when suspects request counsel the interrogation must stop B. the failure to give a Miranda warning is not illegal unless the case becomes criminal C. a suspect can request a priest or probation officer in place of an attorney D. Miranda laws do not apply to illegal immigrants

More than ninety percent of defendants appearing before the courts plead ___________ prior to the trial stage. A. innocent B. guilty C. no contest D. insanity

The court decision of California v. Ciraola (1986) established which legal standard? A. That the police do not need a search warrant to conduct fly over searches B. That collection of trash by police officers does not amount to a search C. That police searches of open fields must not include the curtilage D. That police do need a search warrant when conducting low attitude searches but not high attitude searches of propertieS

The exclusionary rule has also been extended to include derivate, or secondary evidence, also called: A. fruit of the poisonous tree B. good faith evidence C. inevitable discovery D. reverse protocol

The most common sanction for overzealous prosecutors in the United States is: A. being disbarred B. reprimand/censure C. prison time D. fines

The principle that a suspect can be questioned in the field without a Miranda warning if the information the police seek is needed to protect public safety. A. miranda exclusion law B. public safety doctrine C. principle of least eligibility D. consent search doctrine

The principle that evidence may be used in criminal trial even though the search warrant used to obtain it was technically faulty, as long as the police acted without malice when they sought the warrant A. good faith exception B. fruit of the poisonous tree exception C. inevitable discovery D. compassion rule

The ruling that the Attorney General and the US Attorney retain broad discretion to enforce the Nation's criminal laws based on the designation of the President to be a delegate to take care that the laws of the country be faithfully executed was stated in: A. Briggs v. The State of North Carolina B. United States v. Lawrence Driscoll C. United States v. Armstrong D. Crutchfield v. The United State

The senior officer in a court of law, who is authorized to hear and decide cases. A. prosecutor B. judge C. appellate judge D. ombudsman

The situation in which police officers who are suspicious of an individual run their hands lightly over the suspect's outer garments to determine whether the person is carrying a concealed weapon was found constitutional in the court case of A. Terry v. Ohio (1968) B. Giever v. Heise (1977) C. Delaware v. Prouse (1981) D. Kent v. Bonds (1991)

The state court systems in the United States handle about ______________ new cases annually. A. one thousand B. one hundred thousand C. one million D. one hundred million

The trial of a criminal matter by a judge only. The accused waives any constitutional right to a jury trial. A. bench trial B. waived trial C. impartial trial D. adjudication trial

The two components of the stop-and-frisk are respectively justified by: A. The need for crime prevention and detection, and the need to protect the officer B. The need to document reasonable suspicion, and the need to establish probable cause for arrest. C. The need to establish police presence as a crime deterrent, and the need to preserve potential evidence from destruction D. The need to document reasonable suspicion, and the need to preserve potential evidence from destruction.

The type of bail which is defined by the defendant paying the total amount out of pocket which may be cash or property in some jurisdictions. A. surety bail B. security bail C. full cash bail D. deposit bail

Which of the following is NOT a reason provided for choosing trial over plea bargaining? A. some defendants falsely assume they are so charismatic that a jury will never convict them B. the lawyer's overconfidence in their abilities may cloud their judgment C. court-appointed attorneys may want to gain trial experience D. media attention mandates a trial in high profile cases

Which of the following is NOT a requirement for serving a warrant A. officers must knock and announce B. no reporters are allowed C. time constraints must be stated and maintained D. female officers must be present at all searches in case female suspects are present

Which of the following is NOT mandated by Miranda v. Arizona (1966). A. the right to remain silent B. the right to an attorney C. the right to face one's accuser D. if a statement is made it can be used against you in court

Which of the following is NOT one of the four primary factors linked to prosecutorial decision making? A. system factors B. case factors C. disposition factors D. situational factors

Which of the following is not legal grounds for a search warrant? A. Testimony of an informant whose information can be partially verified by police B. Testimony of a crime victim C. A stand-alone telephone tip D. Testimony of someone who has firsthand knowledge of the crime.

Which of the following is true of plain view search and seizure? a. it may be based on reasonable suspicion b. it must be based on probable cause c. it is only permissible under authority of a search warrant or arrest warrant d. there are no restrictions on plain view search and seizure

Which of the following reasons is NOT an issue normally considered when decided to grant bail? A. seriousness of the crime B. potential flight risk of the accused C. age of the accused D. victim impact statements

Which of the following reasons is NOT why a defendant may choose to waive a preliminary hearing? A. he/she has already decided to plead guilty B. he/she hopes to avoid the negative publicity that might result from the hearing C. he/she wants to speed up the criminal justice process D. he/she cannot afford to post bail

Which of the following searches falls outside of the plain touch doctrine? A. feeling a gun through a jacket during a pat-down search B. feeling a bag of marijuana in a pocket during a pat-down search for weapons C. feeling a brick of cocaine in a suitcase during a lawful bus sweep for immigrants D. all of these are lawful under the plain touch doctrine

Which of the following searches falls outside of the protection of the plain view doctrine? A. visually identifying a gun in a lawfully stopped vehicle B. the use of low-altitude helicopters to search open fields C. the use of high-altitude aircraft to search open fields D. the use of thermal imaging devices to search for marijuana in a suspect's house or garage

Which of the following typically is NOT a qualification of a potential judge in most states? A. over 25 years of age B. a member of the bar association C. resident of the state D. have practiced law for at least 10 years

Which of the following would not fall under the purview of a court of general jurisdiction? A. rape B. civil case with damages over $15,000 C. simple assault D. review of a case on appeal from a court of limited jurisdiction

Which type of warrantless automobile search has been deemed unconstitutional? A. systematic drunk-driving roadblocks B. passenger searches C. pretext traffic stops D. random stop for drug smuggler

Whose input is NOT legally required during the plea bargaining process? A. victim B. defendant C. prosecutor D. defense attorney

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