WIU LEJA 312 Criminal Pro Final Fall 16

Evidence which tends to establish or support the defendant's innocence is known as? A. exculpatory evidence B. Circumstantial Evidence C. Direct Evidence D. Incriminatory evidence

A. exculpatory evidence

Sentences are generally imposed by A. judges B. juries C. prosecutors D. parole board

A. judges

Which of the following is NOT a legitimate reason to strike a juror? A. race B. age C. education level D. Ability to understand the english language

A. race

The primary procedural mechanism for invoking the exclusionary rule is a motion to: A. suppress B. quash C. in limine D. Reconsider

A. suppress

The basis for liability under federal civil and criminal statues is: A. unreasonable behavior B. interference with federal statutory or constitutional rights C. negligent observance of rights D. state common law

B. interference with federal statutory or constitutional

with regard to closing arguments in most states, A. defense, then prosecution B. prosecution, then defense C. prosecution, defense, then prosecution D. defense, prosecution, then defense

C. Prosecution, defense, then prosecution

When appellate court determines that a constitutional violation was committed but finds that there error, if corrected, would not change the outcome at trial, it is considered A. automatic reversal B. mandatory remand C. harmless error D. dismissal

C. harmless error

Shorty after arrest the accused will be brought before a magistrate to be advised of the charges, penalties, right to counsel and to have bail set. This is called the: A. indictment B. preventive detention C. initial appearance D. trial

C. initial appear

In which of the following proceeding does the exclusionary rule apply? A. private searches B. Parole revocation hearing C. Grand Jury investigations D. None of the above

D. None of the above

Which of the following is an example of good faith for purposes of the good faith exception to the exclusionary rule? A. reliance on a warrant issue by the judge B. reliance on the apparent authority to give consent C. reliance information erroneously entered by the court clerk D. all of the above

D. all the above

Which of the following amendments to the US constitution do not address issues of criminal procedure? a. 2nd b. 6th c. 8th d. 14th

a. 2nd

Miranda warning are required in police custodial interrogations because of concerns about the a. 5th Amendment privilege against self-incrimination b. 5th Amendment ban on double jeopardy c. 6th Amendment right to counsel d. 14th Amendment right to due process

a. 5th Amendment privilege against self-incrimination

Unlike the 6th Amendment right to counsel at interrogation, the Miranda right, a. applies only if the suspect is in custody b. does not apply if the suspect has been indicted c. applies only if a lawyer has been appointed d. is offense specific

a. applies only if the suspect is in custody

If there has been a lawful impoundment of a vehicle, police may conduct an inventory search a. automatically, if there is no bad faith on the part of the police and to do so is authorized by department policy b. only with reasonable suspicion c. only with probable cause but no warrant is required d. only with a warrant supported by probable cause

a. automatically, if there is no bad faith on the part of the police and to do so is authorized by department policy

The primary purpose of setting bail is to ensure a. defendant's appearance at trial b. defendant's eventual guilty plea c. forfeiture of the defendant;s personal property d. that the defendant is punished

a. defendant's appearance at trial

For Miranda purpose, custody usually means that the person is under arrest or a. deprived in some significant and meaningful way of their freedom b. subject to a stop and frisk c. subject to a traffic stop d. being questioned by a police officer

a. deprived in some significant and meaningful way of their freedom

What clause of the 14th Amendment was the vehicle for incorporation of rights against the states? a. due process b. equal protection c. privileges and immunities d. citizenship

a. due process

which of the following rights applies to all lineups? a. due process b. protection against unreasonable searches c. privilege against self-incrimination d. all of these

a. due process

in order to be successful in a charge of selective prosecution, the defendant must show both discriminatory? a. effect and intent b. allegations and statistics c. cause and effect d. intents and purposes

a. effect and intent

words or actions on part of the police that the police should reasonably know are likely to elicit a response from the suspect are known as a. functional equivalent of interrogation b. a permissible interrogation technique c. indirect questions d. dark-room questions

a. functional equivalent of interrogation

Which exception to the exclusionary rule applies when the prosecution can show that the police would later have found the evidence in question anyway through lawful means? a. inevitable discovery b. ultimata lawful finding c. probable cause d. independent source

a. inevitable discovery

The subjective test for entrapment focuses on the defendant's _________ to commit the crime regardless actions taken by the government. a. intent b. inducement c. predisposition d. proximity

a. intent

to remain within 4th Amendment bounds, a stop must a. last no longer than necessary b. not involve incriminating questions c. not last longer than 20 minutes d. not under any circumstance involve a police display of weapons

a. last no longer than necessary

When observed in plain view during an administrative search, evidence of criminal activity a. may be immediately seized b. may be seized if consent is obtained from the owner c. may be seized if a warrant is obtained d. must be ignored

a. may be immediately seized

The primary purpose of the exclusionary rule is to deter police a. misconduct b. aggression c. communications d. relations

a. misconduct

Under the 4th Amendment consent to search a. must be knowing and voluntary b. must be preceded by Miranda warnings c. must be given after being advised of right to not give consent d. can be implied form silence when asked

a. must be knowing and voluntary

What level of proof is required for correctional officers to search an inmate's cell? a. no suspicion whatsoever b. probable cause c. modified probable cause d. reasonable suspicion

a. no suspicion whatsoever

for purposes of determining whether there has been a violation of the 6th Amendment right to a speedy trial, court look at all of the following factors except of a. prejudice to the prosecution b. length of the delay c. reason for the delay d. whether the defendant asserted his right to speedy trial

a. prejudice to the prosecution

Which actor in the criminal justice system has the responsibility of deciding whether to formally charge a suspect? a. prosecutor b. jury c. judge d. lead investigator

a. prosecutor

Police are not required to obtain a warrant to make a felony arrest, even if they have time, in which of the following locations? a. public place b. Their home c. home of another person d. in a rented hotel room

a. public place

which defense in 1983 cases, holds that an officer is not civilly liable unless s/he violated a clearly established statutory or constitutional right of which a reasonable person would have know? a. qualified immunity defense b. good faith defense c. official immunity defense d. law enforcement defense

a. qualified immunity defense

the presumption that the prosecuting attorney makes their decision in an honest, fair and responsible manner is known as the presumption of a. regularity b. vindictiveness c. impropriety d. reasonableness

a. regularity

At the airport the TSA agent can do all the following without any reasonable suspicion of wrongdoing except a. require you to remove your clothing b. conduct pat down of you outer clothing c. search your luggage d. make you walk through a metal detector

a. require you to remove your clothing

The privilege against self-incrimination does not apply to identification procedures because that privilege applies only to _______ evidence. a. testimonial or communicative b. real or physical c. identification d. circumstantial

a. testimonial or communicative

immunity that provides that the witness can no longer be prosecuted for any offense whatsoever arising out of that act or transaction is called a. transactional immunity b. use immunity c. derivative use immunity d. viral immunity

a. transactional immunity

Although not constitutionally required, generally, in a criminal trial for a felony offense the number of jurors is currently and historically been? a. 6 b. 12 c. 24 d. 36

b. 12

The doctrine that holds that law enforcement officers owed a duty to the general public but not to specific individuals is know as the a. deep pocket doctrine b. public duty doctrine c. deliberate indifference doctrine d. good faith

b. Public duty doctrine

The only court established by the US constitution was the a. US court of appeals b. US supreme court c. US court of claims d. US court of last resort

b. US supreme court

Which organization has the legal authority to interpret and apply the rules established in the US constitution? a. congress b. US supreme court c. the president d. the board of state governors

b. US supreme court

The law of criminal procedure is similar in nearly all jurisdictions because of a. common law rules b. US supreme court decisions c. state constitutions d. administrative regulations

b. US supreme court decisions

The common factor in all special needs searches is that they? a. involved highly regulated businesses or industry b. are generally not initiated by police c. are based on good faith behavior by police d. are based on probable cause

b. are generally not initiated by police

A declaration wherein an individual acknowledged commission of the crime is called a. admission b. confession c. deposition d. statment

b. confession

Under the 4th Amendment, which of the following is not a valid purpose for setting up a roadblock? a. immigration enforcement b. drug detection c. checking for drivers' licenses, registration etc. d. detecting drunk drivers

b. drug detection

A _______ must be limited initially to a pat-down of a person's outer clothing a. search b. frisk c. warrantless search d. protective sweep

b. frisk

The rule that even evidence that is obtained as an indirect result of police misconduct is inadmissible is called? A. independent source doctrine B. fruit of the poisonous tree doctrine C. good faith doctrine D. inevitable discovery doctrine

b. fruit of the poisonous tree doctrine

Once a suspect has invoke their Miranda rights, police may continue questioning the suspect a. after 24 hours have passed b. if the suspect initiates contact with police c. if the suspect's attorney refuses to meet with the suspect d. only once an attorney is present

b. if the suspect initiates contact with the police

Which of the following types of evidence are excludable? a. legally seized evidence and any fruit of the poisonous tree b. Illegally seized evidence and any fruit of the poisonous tree c. illegally seized evidence and purged taint d. legally seized evidence and purged taint

b. illegally seized evidence and any fruit of the poisonous tree

Evidence that has been excluded form the state's case-in-chief pursuant to the exclusionary rule can still be used by the prosecutor for purposes of ______ if the defendant choose to testify. a. hearsay b. impeachment c. refreshing recollection d. authentication

b. impeachment

An officer makes a valid stop of an automobile and wants to ask the driver question about his travel plans and what is in the vehicle. These question are: a. must be preceded by Miranda warnings b. may be asked routinely as part of the stop

b. may be asked routinely as part of the stop

because bail is not required under the constitution a trial judge who determines that a defendant is particularly dangerous to either an individual or to society may order a. preventive medicine b. preventive detention c. preventive action d. preventive application

b. preventive detention

The 8th amendment prohibition against cruel and unusual punishment requires that a criminal sentence be _________ to the offense committed a. unrelated b. proportional c. excessive d. nominal

b. proportional

The theory of incorporation finally adopted by the supreme court was that of _________ incorporation a. total b. selective c. case by case d. categorical

b. selective

Which of the following identification procedures is generally the most likely to be unduly suggestive? a. line up b. show up c. photo display d. DNA testing

b. show up

Venue is a. the law to be applied b. the location where the trial will take place c. which judge will hear the case d. whether there will be a jury trial or bench trial

b. the location where the trial will take place

A suspect is not entitled to Miranda warning before being put into a lineup because: a. lineups never involve custody of a suspect b. there is no interrogation or testimonial evidence from the suspect c. lineups are not a critical stage of the criminal proceeding d. privilege against self-incrimination one applies in court proceedings

b. there is no interrogation or testimonial evidence from the suspect

Which of the following right at identification procedures is dependent upon whether or not the suspect has been formally charged? a. due process rights b. 5th Amendment privilege against self-incrimination c. 6th Amendment right to counsel d. 4th Amendment protection against unreasonable search and seizure

c. 6th Amendment right to counsel

Which of the following amendments to the US Constitution is not used by the Court to ensure that confessions result from fair and constitutional procedures? a. 5th b. 6th c. 9th d. 14th

c. 9th

Which of the following types of identification evidence has the strongest scientific foundation a. polygraph b. hypnosis c. DNA profiling and analysis d. eyewitness identification

c. DNA profiling and analysis

Which of the following may be searched after a valid arrest? a. body of the arrested person b. area within arrestee's immediate control c. both their body and the area within their immediate control d. neither search can be made

c. both their body and the area with their immediate control

in order to address the concerns about the "thin blue line" or police policing themselves, some jurisdiction are implementing the use of _________ to provide oversight and input into administrative investigation of police misconduct. a. internal affairs b. prosecutorial discretion c. civilian review d. reserve officer

c. civilian review

If warrantless searches of certain business such as automobile junkyard and gun dealers are justified using the a. limited privacy clause b. bad actors clause c. closed regulated business exception d. inherent public interest exception

c. closely regulated business exception

Which of the following is not generally considered a part of curtilage? a. barns b. garages c. common area of apartment building d. fenced in yards

c. common area of apartment building

the rules of evidence prohibiting the admission of hearsay is derived for the ______ of the 6th Amendment a. due process clause b. privileges and immunities clause c. confrontation clause d. commerce clause

c. confrontation clause

Successive prosecution of a defendant for the same offense by the same jurisdiction is know as a. double trial b. repeat trial c. double jeopardy d. double trouble

c. double jeopardy

An officer may seize an item during a frisk if it is immediately apparent that the item is a. a weapon b. contraband c. either a weapon or contraband d. neither a weapon nor contraband

c. either a weapon or contraband

Which of the following acts by a law enforcement officer would not be a seizure of a person? a. arrest b. stop c. encounter d. booking

c. encounter

Situation in which officers must urgently take immediate action are known legally as __________ __________ a. reasonable circumstances b. emergency situations c. exigent circumstances d. warrantless times

c. exigent circumstances

A section 1983 case is filed under a. city law b. state law c. federal law d. common law

c. federal law

In order to establish probable cause for a search warrant, the information obtained must be a. stale b. anonymous c. fresh d. certain

c. fresh

Which of the following is one of the three ways that probable cause be established? a. information given by an unreliable person b. Illegally obtained evidence c. information from an informant plus corroboration by officer d. None of the above

c. information from an informant plus corroboration by officer

The procedural rule requiring officers to announce their presence before entering a home is known as the _______ rule. a. informed- entry b. safe- entry c. knock and announce d. reasonable- entry

c. knock and announce

The contents of an affidavit for a search warrant must be sufficient to allow an independent evaluation of probable cause by a a. attorney b. police officer c. magistrate d. jury

c. magistrate

The general rule is that searches and seizer should be made a. without a warrant b. without probable cause c. only with a warrant d. with out a warrant so ling as there is probable cause

c. only with a warrant

The two requirements for the automobile exception to the warrant requirement are a. probable cause and that the vehicle is immobile b. reasonable suspicion and a search warrant c. probable cause and the vehicle must be mobile d. probable cause and a search warrant

c. probable cause and the vehicle must mobile

in order to conduct a search incident to an arising form motor vehicle the officer must have a. probable cause b. nothing besides a valid custodial arrest c. reasonable suspicion that there is evidence related to the arrest with in the vehicle d. consent

c. reasonable suspicion that there is evidence related to the arrest within the vehicle

Which of the following rights does a defendant waive or give up by virtue of entering a guilty plea to a criminal offense? a. right to counsel b. right to privacy c. right to confront witnesses d. right of allocution

c. right to confront witnesses

unde the doctrine of _________ immunity neither a state nor the United States can be directly sued for the constitutional violations of its agent. a. absolute b. qualified c. sovereign d. spousal

c. sovereign

one exception to the public duty doctrine occurs when there is a. good faith b. probable cause c. special relationship d. deliberate indifference

c. special relationship

When a defendant choose to proceed pro se or to represent themselves the court may consider appointing _______ to ensure that the defendant has some guidance in the event they are unclear about the proper rules and/or procedures of trial a. guarding ad litem b. conservator c. standby counsel d. house counsel

c. standby counsel

Which of the following is not type of sentence available to a judge following conviction of a crime? a. fines b. probation c. torture d. prison

c. torture

Role of the suspect's attorney at a lineup is to a. control the lineup b. protect the right the victim c. try to ensure the lineup is fair d. participate in the lineup

c. try to ensure the lineup is fair

A Bivens suit is essentially a _________ action against a federal agent rather than an agent of a state a. 1942 b. 1955 c. 1972 d. 1983

d. 1983

Which of the following is not a special needs search? a. public school students b. probationers and parolees c. airport security d. a motor vehicle based on probable cause

d. a motor vehicle based on probable cause

The use of power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state is know as a. acting scope if authority b. clearly established constitutional right c. municipal policy or custom d. acting under color of law

d. acting under color of law

In which of the following ways are the Miranda warnings different from the right to counsel? a. they come under the 5th Amendment right against self-incrimination b. they apply only during custodial interrogation c. they are given by the police d. all of the above

d. all of the above

Which of the following is required to obtain a search warrant? a. an affidavit setting forth probable cause for the search b. review by a neutral and detached magistrate c. description of the particular place to be searched and the items to e seized d. all of the above

d. all of the above

the defendant's waivers the right to counsel is sufficient as long as it is a. knowing b. intelligent c. voluntary d. all of the above

d. all of the above

which of the following is an alternative to the exclusionary rule? a. civil tort action against the government agent b. civilian review board c. federal civil rights lawsuit in federal court d. all of the above

d. all of the above

Before an accused can be permitted to waive counsel and represent himself which of the following constitutional requirements must be met? a. awareness of his right to counsel b. express waiver c. competency of the accused d. all of these requirements must be met

d. all of these requirements must be met

Which of the following is required for a Miranda waiver to be valid? a. suspect must understand the warning and the rights given up by waiver b. waiver must be made of the suspects one free will c. waiver must be clear and unambiguous d. all the above

d. all the above

during which of the following proceeding does the defendant have the right to counsel: a. at arraignment b. during plea negotiations c. at sentencing d. all of the above

d. all the above

Which is applicable when a defendant's voluntary act after illegal police misconduct breaks the cause chain between the police misconduct and the evidence? a. independent source b. good faith c. inevitable discovery d. attenuation or purged taint

d. attenuation or purged taint

At trial the defendant may testify on his or her own behalf, under the 5th Amendment if the defendant testifies, s/he: a. cannot be cross-examined by prosecution b. can be cross- examined by the prosecution but cannot be asked incriminating question c. can be cross-examined by the prosecution and asked incrimination question only if granted immunity d. can be cross-examined like any other witness

d. can be cross-examined like any other witness

double jeopardy is not at issue with two states file criminal charges against a defendant for the same criminal offense under the doctrine of a. dual immunity b. dual election c. dual enforcement d. dual sovereignty

d. dual sovereignty

Miranda warning must be given to any suspect who is? a. asked to repeat certain words said to victim while in a lineup b. in custody and question by anyone about criminal activity c. represented by an attorney d. in police custody and interrogated by the police

d. in police custody and interrogated by the police

False arrest, false imprisonment, assault, and battery are example of: a. negligent torts b. reckless torts c. in differential torts d. intentional torts

d. intentional torts

Which of the following is not a standard detail give in a warrant application to fulfill the particularity requirements? a. specific address to be searched d. specific property to be searched and/seised c. specific location on the property to be searched d. method of searching to be used

d. method of searching to be used

In order for the automobile exception to apply, the motor vehicle in question must be a. new b. rented c. running d. mobile

d. mobile

The rule on use of force is that non-deadly force may be used as long as it is a. prudent b. rational c. helpful d. reasonable

d. reasonable

The test for whether an error by trial counsel constitutes ineffective assistance of counsel is whether a. defendant got a fair trial b. defendant is guilty c. defendant could have gotten a better deal by plea bargaining d. result might have been different but for the attorney's mistake

d. result might have been different but for the attorney's mistake