criminal pro final

A guilty plea is ʺintelligentʺ if it is

Understood.

The Supreme Court has the validity of plea bargaining.

Upheld

According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual?

When the charges arise from the same criminal event

A guilty plea is ʺunderstoodʺ if the defendant understands a. The nature of the charge. b. The possible sentence. c. The possible rights waived. d. All of the above CC

d. All of the above CC

Most juries in criminal cases consist of how many members?

12

Plea bargaining was addressed by the courts as early as:

1804

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

6

Approximately percent of criminal convictions in the United States result from plea bargaining.

90

If joinder is inappropriate, what is required?

A single trial

The exclusionary rule is: a. Judicially created. b. A rule of exclusion. c. Not found in the U.S. Constitution. d. All of the above

A) Judicially created.

Which of the following occur at the initial appearance in a criminal case? a. The reason for being detained on criminal charges is explained b. An advisement of the right against self-incrimination c. Appointment of counsel if needed d. Initial bail setting

A) The reason for being detained on criminal charges is explained

Which of the following is NOT an argument in support of plea bargaining? a. Allows the prosecution to ʺoverchargeʺ b. Allows defense to dispose of cases quickly c. Saves judicial resources d. Allows prosecution to deal with case backlog

A)Allows the prosecution to ʺoverchargeʺ

Which of the following is NOT an argument against plea bargaining? a. Gives too much discretion to prosecutors b. Undermines the integrity of the judicial system c. Saves judicial resources d. Most defendants plead guilty anyway

A)Gives too much discretion to prosecutors

Which of the following statements is true concerning the right to counsel during the habeas corpus process? a. Prisoners can help each other in preparing petitions. b. Counsel is provided if the petitioner cannot afford it. c. Petitioners must have counsel to assist in filing legal documents. d. All of the above

A)Prisoners can help each other in preparing petitions.

Which of the following is an argument against speedy trials? a. They may not give the defense adequate time to prepare. b. They minimize anxiety on the part of the accused. c. They prevent excessive incarceration. d. They permit quick disposal of cases.

A)They may not give the defense adequate time to prepare.

The right to speedy trial applies once the suspect has been

Accused.

For a guilty plea to be based in fact, it must be based on

Actual criminal conduct.

The question of whether joinder is appropriate is usually best resolved trial. a. After b. Prior to c. During d. There is never a time it is best resolved

B) Prior to

According to the Supreme Court, the defendant is protected by which constitutional amendment(s) during the plea bargaining process? a. The Fourth b. The Sixth c. The Eighth d. All of the above

B)The Sixth

Which of the following statements is true concerning grand juries? a. The right to grand jury indictment has been incorporated. b. The right to a grand jury indictment appears in the Sixth Amendment. c. Several states require grand jury indictments for felonies. d. All of the above

C) Several states require grand jury indictments for felonies.

Which of the following is NOT a reason for grand jury secrecy? a. To prevent the escape of those whose indictment may be contemplated b. To insure the utmost freedom to the grand jury in its deliberations c. To protect powerful people from damaging public prosecution d. To protect the innocent accused

C) To protect powerful people from damaging public prosecution

Which of the following is NOT true about a public trial? a. Most are open to the public b. The public cannot view the trial c. It applies to other hearings as well d. It aids in the sense of responsibility and importance of the courtroom work group

C)It applies to other hearings as well

If a suspect refuses to participate in a lineup, he or she can be:

Cited with contempt.

Nowadays, grand jury operations are:

Closely tied in with the prosecutor.

The U.S. Supreme Court has stated that someone acts under when he or she acts in an official capacity.

Color of law

The two requirements for a successful 42 U.S.C. Section 1983 lawsuit are:

Color of law and a constitutional violation.

Plea bargaining was by the second half of the nineteenth century.

Commonplace

A grand jury subpoena ad testificandum:

Compels a witness to appear before the grand jury

What can a grand jury do to people who fail to appear when requested? a. Use its contempt power b. Impose civil sanctions c. Impose criminal sanctions d. All of the above 8

D) All of the above 8

The courts consider which of the following in deciding whether a prosecution is selective? a. Whether or not similarly situated individuals are prosecuted b. Whether or not the prosecutor intended for the charge to be selective c. Whether or not the prosecutor's decision to prosecute was arbitrary d. All of the above GG

D) All of the above GG

Which of the following statements is true concerning discovery? a. The defense can learn about aspects of the prosecution's case. b. The prosecution can learn about aspects of the defense's case. c. The prosecution is limited in terms of what it can ʺdiscover.ʺ d. All of the above MM

D) All of the above MM

According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution? a. Transcriptions of oral statements made by the defendant b. The defendant's prior criminal record c. Results from physical and/or mental evaluations d. All of the above PP

D) All of the above PP

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 Q

D) All of the above Q

Which of the following constitutional provisions place(s) restrictions on identification procedures? a. The Fourth Amendment b. The Fifth Amendment c. The Sixth Amendment d. All of the above U

D) All of the above U

Which of the following help 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 W

D) All of the above W

Which of the following is an unacceptable reason for delaying a probable cause hearing? a. Unavailability of a magistrate b. Unavoidable delays in transporting the suspect c. Waiting for the presence of the arresting officer d. Gathering additional evidence against the accused

D) Gathering additional evidence against the accused

The prosecution is only bound to disclose exculpatory evidence that would have what probability of changing the outcome of the case? a. Guaranteed b. Reasonable c. Likely d. None of the above

D) None of the above

Police officers act under color of law when they: a. Identify themselves as officers. b. Fail to file official documents. c. Ask people their names. d. None of the above L

D) None of the above L

Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure? a. Fifth Amendment's self-incrimination clause b. Sixth Amendment's right to counsel clause c. Fourteenth Amendment's due process clause d. The above have all been successfully challenged

D) The above have all been successfully challenged

The exclusionary rule does NOT apply in: a. Grand jury investigations. b. Habeas corpus proceedings. c. Parole revocation hearings. d. The exclusionary rule does not apply in A, B, or C

D) The exclusionary rule does not apply in A, B, or C

Which of the actions below is likely NOT to occur at an arraignment? a. The judge will advise the accused of the charges. b. The accused may plead guilty. c. The accused may plead not guilty and request a jury trial. d. The judge will make a bail decision.

D) The judge will make a bail decision.

Which of the following is NOT an essential element of the Miranda warnings? a. ʺYou have the right to remain silent.ʺ b. ʺYou have the right to an attorney.ʺ c. ʺIf you cannot afford an attorney, one will be provided for you.ʺ d. ʺYou have the right to stop answering questions at any time.ʺ

D) ʺYou have the right to stop answering questions at any time.ʺ

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

D)All of the above

Rights enjoyed during the appellate process include: a. Access to trial transcripts. b. Access to counsel. c. The right to be free from government retaliation. d. All of the above

D)All of the above

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

D)All of the above

The right to compulsory process provides that the accused can: a. Use subpoenas. b. Obtain documents that may be helpful to his or her defense. c. Present evidence. d. All of the above

D)All of the above

Attempts to restrict plea bargaining: a. Have occurred throughout history. b. Have rarely succeeded. c. Have not been particularly common. d. All of the above 6

D)All of the above 6

Which of the following are requirements for a valid guilty plea? a. It must be voluntary. b. It must be intelligent. c. It must be based in fact. d. All of the above FF

D)All of the above FF

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 JJ

D)All of the above JJ

Which of the following are rights commonly waived as a result of plea bargaining? a. Right to trial by jury b. Right to be free from unreasonable searches and seizures c. Right to be free from excessive fines and punishment d. All of the above YY

D)All of the above YY

Which of the following is a criticism of plea bargaining? a. Gives too much discretion to prosecutors b. Undermines the integrity of the judicial system c. Most defendants plead guilty anyway d. All of the above are criticisms of plea bargaining.

D)All of the above are criticisms of plea bargaining.

Appeals are most commonly filed by the:

Defense.

In which recent case did the Supreme Court reaffirm Miranda?

Dickerson v. United States

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.

Double jeopardy

The right to counsel in criminal prosecutions has both and Sixth Amendment origins.

Due process

The accused enjoys during identification procedures.

Due process protections

When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. This is known as the:

Due process voluntariness approach.

Grand jury indictments will be the charging mechanism of choice when: a. The case is of great political significance. b. The grand jury's investigative powers are useful. c. One or more witnesses is/are hesitant to speak in open court. d. The case is of great public interest. E. All of the above 2

E) All of the above 2

The right to counsel for persons accused in criminal prosecutions: a. Has due process origins. b. Is mentioned in the Sixth Amendment. c. Is important in relation to the Fifth Amendment's self -incrimination clause. d. Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states. e. All of the above 5

E) All of the above 5

The recourse for dealing with overzealous prosecutors includes which of the following state bar consequences? a. Private admonition or reprimand b. Public reprimand c. Suspension from law practice d. Permanent disbarment e. All of the above 77

E) All of the above 77

After a suspect asserts his or her Miranda rights, questioning: a. Must cease as a general rule. b. May continue under limited circumstances. c. Should be avoided. d. Can occur later on another crime with a new Miranda advisement and waiver. e. All of the above A

E) All of the above A

With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding? a. Preliminary hearing b. Indictment c. Arraignment d. Formal charge e. All of the above D

E) All of the above D

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. A mere conversation between police officers designed to elicit an incriminating response. e. All of the above N

E) All of the above N

For a waiver of a jury trial to be valid, it must be: a. Express. b. Intelligent. c. Voluntary. d. Free of coercion. e. All of the above

E)All of the above

In most states potential jurors need to be: a. Of a certain age. b. U.S. citizens. c. Free of felony convictions. d. Able to speak and understand the English. e. All of the above

E)All of the above

Which of the following is/are constitutional rights enjoyed during the sentencing phase? a. Protection from double jeopardy b. Right to have counsel present c. Right to participate in sentencing d. Right to a reasonable punishment e. All of the above

E)All of the above

The Supreme Court has ruled that the right to an impartial judge is guaranteed by the Amendment.

Fourteenth

Double jeopardy protection applies:

In criminal proceedings.

Grand jury proceedings are:

Intensely secretive.

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

Kansas v. Hendricks

With regard to the right to confrontation, the defendant must be physically present and:

Mentally competent.

The Sixth Amendment right to counsel was incorporated in:

Powell v. Alabama.

The reasons for grand jury secrecy include each of the following, EXCEPT to:

Prevent the escape of indicted persons.

Criminal defendants have a constitutional right to represent themselves. This is known as what type of defense?

Pro se

According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is

Reversal.

Which of the following are rights enjoyed by people who are under grand jury investigation?

Right to testify

In which case did the Supreme Court create the fruit of the poisonous tree doctrine?

Silverthorne Lumber Co. v. United States

A state prosecutor's decision NOT to file a case can be challenged by the:

State Attorney General.

In which case did the Supreme Court hold that the accused is entitled to protection against procedures ʺso unnecessarily suggestive and conducive to irreparable mistaken identificationʺ as to amount to a due process violation?

Stovall v. Denno

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

Tainted identification.

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

The Fifth

Which constitutional amendment contains the double jeopardy clause?

The Fifth

An overly suggestive lineup violates what amendment

The Fifth Amendment.

If the prosecution fails to disclose exculpatory evidence, it violates:

The Fifth Amendment.

The right to an impartial jury stems from which constitutional amendment?

The Sixth

Which constitutional amendment gives the accused the right to a speedy and public trial?

The Sixth

Which of the following statutes is used to sue criminal justice officials?

18 U.S.C. Section 242

A pretrial release hearing is:

A common practice resulting from numerous court decisions.

Custody is defined by the Supreme Court as: a. A person has been taken into ʺcustody.ʺ

A person has been deprived of his freedom of action in any significant way.

Which of the following is not considered a ʺcriminal proceedingsʺ? a. An arrest b. A preliminary hearing c. Formal charges d. Grand jury investigations e. Information

A) An arrest

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

A) Bail

Cities and counties can be held liable under 42 U.S.C. Section 1983 if they:

Adopt policies that lead to constitutional rights violations.

term is used to describe the defendant's explanation to the judge concerning his or her guilty plea?

Allocution

When a witness identifies the suspect for the first time in court, this is best known as:

An in-court identification.

Once a person has been formally charged, he or she will be:

Arraigned.

The initial appearance is sometimes called a(n):

Arraignment.

When is a probable cause hearing unnecessary?

Arrests with a warrant

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

B) Offsetting court costs

In response to many defendantsʹ inability to post bail, professional have stepped in.

Bail bonds agents

Which case the ʺChristian burialʺ case in which the Supreme Court held that the police violated the suspect's Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information?

Brewer v. Williams

Which of the following is NOT a valid plea that can be entered at arraignment? a. Guilty b. Not guilty c. Nolo prosequi d. Nolo contendere

C) Nolo prosequi

Which of the following usually takes place after a pretrial release decision has been made? a. Initial appearance b. Bail c. Preliminary hearing d. Arrest

C) Preliminary hearing

Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations?

Custody

Which of the following are activities associated with booking? a. Paperwork will be completed b. Photographing of the arrestee c. Arrestee contacts counsel and/or other individuals d. All of the above A

D) All of the above A

Which of the following can be considered criteria for deciding on whether pretrial release should be granted? a. Flight risk b. Dangerousness c. Ability to pay d. All of the above EE

D) All of the above EE

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 P

D) All of the above P

Which of the following, by itself, will automatically render a confession involuntary? a. Psychological pressures b. Promises of leniency c. Deception d. None of the above``

D) None of the above``

For which of the following crimes would release on recognizance most likely be ordered? a. Murders b. Rapes c. Robberies d. Petty thefts

D) Petty thefts

Which of the following is NOT type of identification procedure? a. Lineup b. Showup c. Photographic array d. Social media page array

D) Social media page array

Lawsuits where people seek monetary compensation are called suits.

Damage

Which of the following can be considered ʺcharacteristics of the accusedʺ that may render a confession involuntary? a. Age b. Mental history c. Fatigue d. Pain e. All of the above V

E) All of the above V

Which Supreme Court decision denounced the ʺsilver platter doctrine?ʺ

Elkins v. United States

Prosecutors are part of what branch of government?

Executive

The most common Constitutional Amendment in criminal procure is the _____ Amendment.

Fourth

The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the rule.

Fruit of the poisonous tree

In which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest?

Gerstein v. Pugh

Which rule is a recognized exception to the exclusionary rule.

Impeachment exception

Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the:

Initial appearance.

Prosecution that impacts certain groups (e.g., minorities. only becomes selective when it is:

Intentional.

refers to police departments investigating complaints against their officers by themselves.

Internal review

A Miranda waiver must be

Knowing, Intelligent , Voluntary.

Which of the following are types of remedies?

Legal and extralegal

_____ are always preferable to showups.

Lineups

The exclusionary rule was applied to the states by the case of:

Mapp v. Ohio.

The exclusionary rule was made applicable to the states in:

Mapp v. Ohio.

In which case did the Supreme Court hold that the prosecution ʺmay not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant...ʺ?

Miranda v. Arizona

With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable?

More than six hours

At which point in time past the crime will a showup usually be considered invalid?

More than sixty minutes after the crime

In which case did the Supreme Court hold that the accused must be provided with counsel during post-indictment lineups?

Neil v. Biggers

What justification is necessary in order to compel a person who is already in custody to participate in a lineup?

No justification is necessary

Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is:

Not obtained in violation of the Fifth Amendment.

A(n) is intended to prevent ʺhast, malicious, improvident, and oppressive prosecutions.ʺ

Preliminary hearing

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

Preponderance of evidence

The appropriate standard of proof associated with preliminary hearings is:

Probable cause.

The exception to Miranda exists if a threat exists to third parties.

Public safety

If a person is not already in custody, the police must have what justification in order to ʺseizeʺ that person for compelled participation in the lineup?

Reasonable suspicion

Qualified immunity affords protection to defendant criminal justice officials for:

Reasonably mistaken beliefs.

Discovery that ʺwork both waysʺ is known as:

Reciprocal discovery.

A________ provides a legally accepted method of rectifying police wrongdoing.

Remedy

The inevitable discovery exception to the fruit of the poisonous tree doctrine was created by the Supreme Court in

Segura v. United States.

If a prosecutor's charging decision is motivated by revenge, this is known as:

Selective prosecution.

If a prosecutor's decision to bring charges is discriminatory in nature, this is known as:

Selective prosecution.

The Supreme Court in Yick Wo v. Hopkins addressed the issue of:

Selective prosecution.

The Fifth Amendment protects against:

Self-incrimination.

_____ are sometimes desirable to facilitate prompt identification when time is of the essence.

Showups

Which Constitutional amendment is most applicable to interrogations and confessions?

The Fifth

The most significant remedy in criminal procedure is:

The exclusionary rule.

The preliminary hearing serves as a check on:

The prosecutor's charging decision.

Showups consist of:

The suspect.

The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used:

To show that a witnessʹ testimony may be false.

In which case did the Supreme Court hold that an illegally -conducted lineup does not invalidate later identifications resulting from an ʺindependent sourceʺ?

United States v. Wade

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

Vindictive

The first Supreme Court decision that clearly established an exclusionary rule under the Fourth Amendment was:

Weeks v. U.S.

With regard to discovery, prosecution or defense ʺstrategyʺ is also referred to as:

Work product.

The exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible.

good faith