Criminal Procedure
Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is called:
compulsory process
In the early years immediately following the adoption of the Sixth Amendment guaranteeing the right to counsel, courts interpreted that right to mean:
defendants have a right to counsel at trial provided they can afford one
A search warrant must specifically identify " the things to be seized" This particularity requirement may not be met by specifying an entire class of items
false
According to research by sociologist Richard Leo, most police interrogations were coercive
false
Identifying perpetrators is easier than proving that a crime was committed
false
Research indicates that 50% of defendants exonerated by DNA are cases involving mistaken eyewitness identification
false
What percentage of cases are dropped because of the exclusionary rule?
fewer than 2%
In Berkemer v. McCarty, the case involving whether Miranda warnings must be given to stopped motorists, the Court:
found that a misdemeanor exception to Miranda would pose too many administration problems for courts and police
The Sixth Amendment confrontation clause:
guarantees the defense the right to cross-examine the governments witnesses
DNA testing of incarcerated felons:
has been found to be constitutional by the courts of appeal that have considered it
In the 1949 case Wolf v. Colorado, the Supreme Court:
held that the exclusionary rule wasn't part of the Fourth Amendment right to be free from unreasonable searches and seizures
The Sixth Amendment guarantees jury trial:
in all criminal prosecutions excepting petty offenses
The jury selection system that relies on recommendations from civic and political leaders is called the:
key-man system
The right to remain silent can be traced back in history to the
laws of Moses embodied in the Talmudic law
Over time
memory fades, but witnesses develop greater confidence about their recall ability
The prohibition against double jeopardy prohibits all of the below except:
multiple punishments for multiple crimes stemming from the same acts
Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:
of fundamental attribution error
The Fifth Amendment approach to confession applies:
only when the person being questioned is in custody
Regarding the right to a public trial, all of the following are true excerpt:
press and public access includes jury deliberations
To do a body cavity search at an international border, which of the below is needed?
probable cause
____ is when eyewitnesses are shown persons or objects and asked whether they are involved in the crime
recognition
The 4th amendment particularity requirement for search warrants:
requires that the warrant specifically describe the place to be searched and the things to be seized
When the defense agrees to not contest evidence introduced by the prosecutor,it is called a
stipulation
The right to confrontation comes from:
the Sixth Amendment
Under the holding in Chimel v. California a leading Supreme Court case on searches incident to arrest, the police must limit a thorough search incident to:
the arrestee's person and the are within his immediate control
Hearsay violates the confrontation clause because:
the defendant can't cross-examine the witnesses against them
With regard to border searches, the U.S. Supreme Court has found that
the national interest in controlling the nation's borders outweighs the invasion of privacy caused by routine border searches
In Illinois v. rodriguez the police conducted the consent search of the suspect's apartment based on the consent of the suspect's former girlfriend. according to the supreme court's opinion
the warrantless entry to search based on third party consent is valid if the officer reasonably believes that the person consenting had authority to consent
The supreme court has not addressed the extent to which the fourth amendment protects university students in their dorm rooms
true
There is a consensus today that it is possible to use DNA testing to determine whether a biological tissue matches a suspect with near certainty
true
With the totality of circumstances approach, under certain circumstances, a court can admit identification evidence even if the identification procedure was suggestive.
true
concerning arrests for minor crimes, the Supreme Court has decided to leave to police discretion whether suspects ought to be searched incident to their arrest
true
According to the Supreme Court in Anderson v. Creighton, involving a lawsuit for damages stemming from the FBI's warrantless search of a house, police officers are entitled to qualified immunity for the illegal acts:
when they can establish that a reasonable officer could have believed that the search did not violate the Fourth Amendment, even though it actually did
According to the courts, waiver of Fifth amendment rights: I. requires knowing, intelligent, and voluntary waiver II. requires a signed statement that the suspect has waived rights III. can be inferred from suspect making a confession IV. can be inferred from suspects lack of response to the whether they understood the Miranda warnings
I
Concerning pretext searches: I. they are powerful investigative tools that police use to gather evidence against suspects. II. they are used with searches incident to arrest III. officers using them usually have probable cause to arrest for some felony IV. the supreme court has decided that they do not violate the fourth amendment
I, IV
Empirical research on the exclusionary rule suggests that: I. the social cost of the rule is as high as the Supreme Court claims. II. the social cost of the rule may be overstated. III. the deterrent effect of the rule may be understated. IV. the rule has no deterrent effect
II, III
Which of the following are considered critical stages in a criminal proceeding?
III,IV
According to the Supreme Court's decision in Miranda v. Arizona, custodial interrogation is inherently coercive
True
According to the Supreme Court, it is reasonable under the Fourth Amendment for public schools to require students involved in any extracurricular activity to be tested for drug use.
True
Criminal suspects who want to protect their right to remain silent during custodial interrogation must speak up and unambiguously invoke it
True
Defendants may not be required to come to court in prison clothes.
True
Defendants may only plead nolo contendere with permission of the court.
True
For a right to be clearly established for purposes of defeating a claim of qualified immunity, the right must be sufficiently clear that a reasonable official would understand that what they are doing violates the right
True
Preliminary hearings are adversary proceedings.
True
Suing governmental bodies under Section 1983 is more complicated than suing individuals
True
today, the United States Supreme Court relies exclusively on deterrence as the only justification for excluding valid evidence
True
According to the waiver test of consent:
a consent search is valid only if the person consenting voluntarily and knowingly waives her fourth amendment rights
In Stovall v. Denno (1967) the Supreme Court ruled that eyewitness identification could be challenged on constitutional grounds
as a violation of due process
The Supreme Court's decision in Weeks v. U.S. in 1914 is significant because it:
began the Fourth Amendment's annexation of the exclusionary rule.
In Manson v. Braithwaite (1977), for determining the admissibility of witness identification, the majority of the Supreme Court endorsed what became known as the
totality of the circumstances approach
Police ordinarily seek consent to search
when they do not have probable cause and cannot get a warrant
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 order
within 48 hours of arrest, ordinarily
In Colorado v. Connelly, the Supreme court considered the case of a mentally ill man who walked into a police station and confessed he had murdered a young woman. The Court determined that:
Connelly's confession was voluntary because it was not compelled
According to the Supreme court, identification evidence is automatically inadmissible if the identification procedure was unnecessarily suggestive.
False
According to the court in State v. Ellis involving a search of a dormitory room at a public university, administrators may never enter student's rooms for any reason without probable cause
False
All dismissals because of speedy trial violations are with prejudice.
False
Criminal defendants have an absolute right to bail guaranteed by the United State Constitution
False
External civilian review results in more charges against police officers being sustained than internal review
False
In the Miranda case decided in 1966, the Supreme Court of the United States affirmatively enumerated warnings that must be given by police officers if a suspect is in to be interrogated while in custody
False
Most recent legal commentary supports the grand jury process.
False
Most searches take place pursuant to warrants
False
Prosecutors have qualified immunity for the conduct as advocates in the judicial phase of the criminal process.
False
The Miranda decision required police to warn suspects whenever they arrest them.
False
The Sixth Amendment confrontation clause bars the use of hearsay evidence under all circumstances.
False
The Supreme Court has ruled that all jury verdicts in criminal cases must be unanimous to be Contitutional.
False
The Supreme Court has ruled that use of the key-man system to select jurors is in violation of the Sixth Amendment.
False
The current test used to evaluate the effectiveness of counsel only requires a defendant to show that their attorney's performance was not reasonably competent.
False
The fifth Amendment requires that juries represent a fair cross section of the community.
False
The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights
False
The probable cause needed to detain and the probable cause needed to go to trial require the same amount of proof
False
The right against unreasonable searches and seizures is limited to criminal suspects.
False
The right to counsel approach to confessions has never been accepted by a majority of the U.S. Supreme Court
False
The rights of jailed defendants awaiting trial are not watered down by their status of being in jail
False
Under the state-created danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable under section 1983 if his actions created a special danger to the general public
False
When a suspect is arrested in a car or other vehicle, police as part of the search incident to the arrest may search the vehicle's trunk.
False
Under the collateral use exception to the exclusionary rule, the United States Supreme Court has held that: I. the government can use evidence illegally seized in grand jury proceedings. II. the exclusionary rule does not prevent the use of some illegally seized evidence in the government's case-in-chief. III. victims of the fruits of good faith illegal searches cannot call for its suppression. IV. prosecutors can use illegally seized evidence to impeach the defendant's testimony.
I
In Weeks v. U.S., a 1914 case involving the illegal entry and search of a home, the Supreme Court: I. reversed Week's conviction. II. made the U.S. unique in excluding good evidence from court because of the manner in which it was seized. III. applied the exclusionary to both federal and state law enforcement. IV. applied the exclusionary only to gambling cases.
I, II
The constitutional rationale used to justify the exclusionary rule: I. rests of the idea that the exclusionary rule is an essential part of the right against unreasonable searches and seizures of the Fourth Amendment. II. views the exclusionary rule as a right III. rests on the notion that the exclusionary rule is a mere preventative measure. IV. includes the notion of preventing illegal law enforcement
I, II
Which of the following are examples of knowing waivers of a suspect's rights after being read his Miranda rights? I. The suspect invoked his right to counsel, and after a five hour ride in the back of a police car, he signed a waiver when police asked if there was anything he wanted to say. II. The suspect talked to police after he refused to sign an express waiver. III. A disoriented and mentally ill suspect signed a waiver and confessed. IV. A suspect who speaks and understands very little English signs an express waiver and talks to the police
I, II
Miranda Warnings are not required in questioning associated with which of the following situations? I. traffic violations II. driver's license checks III. persons detained during execution of search warrants IV. persons arrested for misdemeanor violations
I, II, III
Wisconsin's recommendations for improving police lineups include: I. use fillers that will minimize any suggestiveness that might indicate the suspect. II. use a "double blind" procedure. III. instruct eyewitnesses that the real criminal may or may not be present in the lineup. IV. Present the suspect and the fillers simultaneously
I, II, III
According to the American Bar Association, which of the following are improper remarks for prosecutors to make during closing argument?
I, II, III, IV
According to the Supreme Court's ruling on non-unanimous verdicts, unanimous verdicts:
I, II, III, IV
In Schmerber v. California, a case involving the compelled extraction of blood from a drunk driving suspect, the U.S. Supreme Court: I. found that compulsion that makes a suspect the source of physical evidence does not violate the Fifth Amendment II. found that such compelled extractions do not violate the due process clause III. found the 5th Amendment privilege against self-incrimination only protects someone from being compelled to give evidence of a testimonial nature. IV. found that the 5th amendment privilege is fulfilled when a person is guaranteed the right to be silent unless he chooses to speak of his own free will
I, II, III, IV
Preliminary hearings: I. are adversary proceedings. II. are open public proceedings. III. require the prosecutor to present evidence of the defendant's guilt. IV. permit the defense to present evidence
I, II, III, IV
The 4th Amendment law concerning parolees and probationers: I. permits the arrest of parolees and probationers without a warrant or probable cause II. permits the search of a parolee's or probationer's care without a warrant or probable cause III. permits the search of parolees and probationers without a warrant or probable cause IV. permits the search of a probationer's or parolee's home without a warrant or probable cause
I, II, III, IV
The government can prove disposition to commit an offense, to rebut an entrapment defense, by showing a defendant's: I. prior convictions for similar offenses. II. willingness to commit similar offenses. III. prior criminal activity not resulting in conviction. IV. active solicitation of the crime
I, II, III, IV
The reasonableness of searches pursuant to search warrants depends on I. the existence of probable cause II. the extent of the search III. the particularity of the warrant IV. the manner in which the police enter the place to be searched
I, II, III, IV
Which of the following are considered "administrative steps incident to arrest" that are allowed to be completed prior to the warrantless arrestee's appearance to a magistrate?
I, II, III, IV
Which of the following types of police questioning are excluded from the Miranda requirements? I. questioning at the scene of a crime. II. volunteered statements of any kind III. questioning of individuals in the fact-finding process IV. questioning that is part of an investigatory stop
I, II, III, IV
According to the Supreme Court, the four elements that determine whether a delay violates the speedy trial clause include:
I, II, III,IV
According to Supreme court Justice Robert H. Jackson, Chief prosecutor at the Nuremberg Trials appointed by President Truman: I. uncontrolled searches and seizures are one of the first and most effective weapons of every arbitrary government II. the right against searches and seizures is one of the most difficult to protect III. the 4th amendment should be placed in a "deferred" instead of the "preferred" position by the court IV. Americans do not fully appreciate the importance of the 4th amendment protection
I, II, IV
The constitutional bases for the law of confessions include: I. due process clause of the Fourteenth Amendment. II. Sixth Amendment right-to-counsel. III. Eighth Amendment right against cruel and unusual punishment. IV. Fifth Amendment right against self incrimination
I, II, IV
Which of the following duties do magistrates perform at the first appearance? I. determination to set bail or detain suspects. II. inform defendants of their rights. III. ask felony defendants to plead to charges. IV. read the charges against the defendant
I, II, IV
Which of the following reforms have been suggested for police interrogation and confession procedures? I. Reduce the length of time in custody and interrogation. II. Eliminate police using false information and misrepresentations during interrogations. III. Requiring police to remind suspects of their right to remain silent several times during an interrogation session. IV. Video taping interrogations and confessions.
I, II, IV
According to the Supreme Court in U.S. v. Salerno, involving pre-trial detention, of defendants due to the threat they posed to public safety:
I, III
Which of the following actions are prohibited by the double jeopardy clause?
II, III, IV
Which of the following standards have states adopted for deciding whether a case should be bound over for trial after a preliminary hearing?
III, IV
According to the Supreme Court opinion in Bell v. Wolfish, involving conditions in a pretrial detention center or jail:
IV
The Supreme Court's use of the Fifth Amendment privilege against self-incrimination approach in reviewing state confession cases began with:
Miranda v. Arizona
Which is true about containers?
No warrant is needed if the container is found in a car the police have probable cause to search, and the container is a likely place where the item searched for may be found
The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:
The Federal Tort Claims Act
The U.S. Supreme Court has put which of the following limitations on 1983 actions?
They can only be brought for deliberate acts
For purposes of Sixth Amendment guarantee to a jury trial, the Supreme Court has used a potential six months imprisonment to divide serious from petty crimes.
True
Research suggests that jurors consistently believe mistaken identification evidence when faced with witnesses who are confident about their eyewitness identifications
True
Show-ups are less reliable than lineups.
True
Six member juries satisfy the requirements of the Sixth Amendment
True
The majority of state and federal courts have adopted the subjective test of entrapment
True
The minority view on entrapment in the United States focuses on the nature of the government conduct.
True
Until the twentieth century, the exclusive remedy for constitutional violations was private lawsuits against governmental officials
True
Urine testing of government employees for the presence of drugs is a search under the Fourth Amendment.
True
According to Pinder v. Johnson involving a lawsuit by a mother against police officers and other for the death of her children in a fire:
a duty to protect life can arise when the state retrains citizens from acting on their own behalf.
Concerning third party consent to search, in which of the following situations can one person consent to a search for the other person?
a factory owner consenting to a search of items on top of an employee's workbench
According to the Supreme Court in Ballew v. Georgia:
a five person jury does not satisfy the Sixth Amendment
According to the Supreme Court's decision in Whren v. U.S. concerning the use of a pretext arrest in a drug search
a search incident to a lawful arrest for a traffic violation is a reasonable Fourth Amendment search
Which of the following is not a stage of internal review?
arbitration
In comparing the decision to detain someone pending the filing of formal charges and the decision to take the case on to trial:
both decisions require probable cause, but less probable cause is needed to justify the detention decision than is necessary to justify the trial decision
According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:
can be punished by less than six months imprisonment but that courts have determined have a certain "moral quality" that requires a jury trial
Research indicates that
civilian review procedures rarely sustain citizens' complaints about police
Frank is an inmate at Greensburg State Prison and he has just had a contact visit with an old friend. Before Frank returns to his cell, prison guards subject Frank to a strip search. Such search is:
constitutional, because prisoners have a diminished expectation of privacy and there is an important government need to maintain prison security
The Supreme Court has held that guilty pleas are:
constitutional, so long as they are made voluntarily, knowingly, and intelligently
The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Sixth Amendment right to counsel?
did the police deliberately try to elicit a response
According to the dual sovereignty doctrine:
different jurisdictions can prosecute and punish a defendant for the same conduct
According to the Supreme court in Chimel v. California, involving the search of a house incident to an arrest for burglary of a coin shop:
it is not reasonable to search an entire house incident to a lawful arrest of someone there
Research about the effectiveness of civilian review boards shows that:
it's difficult to measure how effective they are
Many legal commentators suggest that one way to reform identification procedures would be to
loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification
In order to meet constitutional standards, an inventory search
must be done pursuant to written, established, police department procedures
The need for the government to encourage criminal conduct arises because:
of police difficulty in detecting crimes with non-complaining victims
The speedy trial clause prohibits:
only undue delays
Which of the following best describes the purpose of opening statements?
outline the case the two sides hope to prove
Prosecutors and defense attorneys can remove potential jurors without having a reason using the:
peremptory challenge
The Supreme Court ruled in Vernonia v. School District of Acton
random, suspicionless drug testing of student athletes does not violate the Fourth Amendment
The time when a person recalls stored information about an event in order to identify a person who was involved in the event is called
retrieval
The Supreme Court has ruled that a judge's failure to ask a defendant if they knowingly and voluntarily entered a guilty plea in open court is:
reversible error because the judge accepted a plea without an affirmative showing that it was freely given and the defendant knew what he or she was agreeing to
According to the Supreme Court, guilty pleas waive all of the following rights except
right to counsel
A challenge for cause:
strikes a juror who is biased or prejudiced toward the defendant or the state
In Monell v. New York City Department of Social Services (1978), the Supreme Court ruled that:
the U.S. Congress did intend to allow individuals to sue cities and local governments under section 1983
According to Pinder v. Johnson involving a lawsuit by a mother against a police officer and others for the death of her children in a fire:
the due process clause does not require government actors to affirmatively protect life
the fruit-of-the-poisonous-tree doctrine refers to:
the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity
According to the dissent in Mapp v. Ohio (1961):
the federal exclusionary remedy should not be imposed on the states
Which doctrine holds that illegally seized evidence can be introduced at trial if the officials would have found the evidence anyway?
the inevitable discovery exception
According to the Supreme Court opinion in Scott v. Illinois, involving the right to counsel in a shoplifting case punishable by up to one year in jail and a fine:
the right to counsel attaches only in actual imprisonment cases
In south Dakota v. opperman, the police conducted an inventory search in which they searched Opperman's car after towing it to an impound lot because it was parked illegally. They found marijuana during a search of the glove compartment. The Supreme Court decided that:
the search of the glove compartment did not violate the U.S. Constitution because it was a legitimate inventory search
The supreme court in Ferguson v. City of Charleston involving state hospital obstetric patients who were pregnant and arrested for child abuse after testing positive for cocaine, decided that
the warrantless, suspicionless, and nonconsensual searches violated the Fourth Amendment
