Chapter 11, 12, 13 test - Intro to Criminal Law
All of the following are reasons for which a potential juror for a capital case may be excluded, except: A) the potential juror states that he objects to the death penalty on moral grounds, but that he could set such personal feelings aside to objectively apply the law. B) the potential juror was dismissed as part of the defense's peremptory challenge for no particular reason at all. C) the juror clearly has a bias against the defendant, based on the defendant's occupation as a prostitute. D) the potential juror states that she does not support the death penalty and would never be able to vote to pass such a sentence, even if she was certain that the law indicated that such a punishment was suitable. E) serving on a trial jury would cause an undue hardship for the potential juror.
A
Define "exigent circumstance." A) a situation that requires urgent action, sufficient to excuse a delay in obtaining a warrant. B) a situation in which a police officer violates a general rule or standard C) a situation in which a criminal violates general rules or standards D) an extraordinary circumstance that cannot be explained by the normal rules of physics E) a circumstance in which a police officer is in hot pursuit of a burglar caught in the act
A
If a potential juror cannot be impartial because he/she knows about the case, knows the defendant's family, knows the victim, or any other people involved in the case, has already made a decision about the defendant's guilt or innocence, or admits to prejudice, he/she can be excluded from the jury. This exclusion is called a: A) Challenge for Cause. B) Challenge for Good Reason. C) Preventative Challenge. D) Peremptory Challenge. E) Unlimited Challenge.
A
In response to a grand jury's actions, the defense can: A) move to quash the indictment. B) move for a change of venue. C) move for a change of venire. D) move to sever. E) move to recuse.
A
Miranda warnings include the following, except: A) the expectation of privacy. B) the right to remain silent. C) the right to an attorney during questioning. D) an attorney will be appointed free of charge if the accused cannot afford one. E) at anytime during the questioning, the accused can stop and the interrogation will end.
A
consent once removed
An exception to the warrant to search requirement which says that consent to enter given to an undercover police officer or informant transfers to others in the police force who may then enter without a warrant.
A cooperation agreement: A) is the same as use immunity B) is the same as transactions immunity C) lays out how the defendant will testify in exchange for a recommendation of leniency. D) circumvents attorney-client privilege E) none of the above
C
A person is charged with murder. The jury in the case is unable to decide on a verdict. The judge declares a mistrial. Can the prosecution refile the murder charges? A) No. Doing so would violate the Constitution's ban on double jeopardy. B) No. Doing so would constitute a Bill of Attainder. C) Yes. Jeopardy does not attach until a jury or judge acquits the defendant. D) No. The evidence from the trial would now be excluded under the exclusionary rule. E) Yes, but the charges must be filed at the federal level.
C
A plea agreement is between: A) a prosecutor and a defense attorney. B) a prosecutor and a judge. C) a prosecutor and a defendant. D) a judge and a defendant. E) a defense attorney and a defendant.
C
Beyond a reasonable doubt is: A) the burden of proof stating that it is more likely than not that the defendant committed the crime for which he/she is accused. B) the burden of the defendant to prove that the charges are untrue. C) the burden of proof used by a petit jury. D) the burden of proof used by a grand jury. E) the burden of proof allowing for a ruling against a defendant in a civil trial.
C
Defendants charged with serious offenses have a Constitutional right to: A) a nonjury trial. B) a trial before a judge. C) a jury trial. D) all of the above E) none of the above
C
The right to a public and speedy trial is promised in which Constitutional Amendment? A) Fourth B) Fifth C) Sixth D) Seventh E) Eighth
C
The twelve men and women chosen to determine a defendant's guilt or innocence in a trial are called a: A) dicastery B) grand jury C) petit jury D) soup du jury E) none of the above
C
What principle was stated in the decision for the case Duncan v. Louisiana? A) States must provide trial by jury as an option for anyone accused of a capital crime. B) States have autonomy from the federal government. As such, they are not held to the Constitutional requirement that governments must provide jury trials. C) States, like the federal government, must provide trial by jury to ensure the proper delivery of justice. D) Although the states have this requirement, the federal government does not have to provide a trial by jury to an accused person. E) The federal government must try any case that could potentially punish the defendant with more than six months of imprisonment.
C
quash
to annul
The most beneficial type of immunity for a defendant is _________ immunity.
transactional
In medieval England, the winner in a ___________________ won the lawsuit.
trial by battle
An alternative to a trial by jury is a ___________.
trial by judge
In a _________ in medieval England, the accused was given a difficult task to perform often involving physical injury.
trial by ordeal
A limited form of immunity where the person's testimony cannot be used as evidence against him or her is ___________________.
use immunity
A document issued by a magistrate or judge authorizing the search of a place or the arrest of a person is a _______________.
warrant
The rule that protects material produced by an attorney in preparation for a trial, or the work product from discovery is the ___________.
work product rule
A broad form of protection in which the person cannot be prosecuted for any action related to the testimony provided, as long as the person testifies truthfully, is called: A) useful immunity. B) use immunity. C) transactional extradition. D) transactional immunity. E) transactional indictment.
D
All of the following are names for the group of people from which the jury will be selected except: A) pool. B) panel. C) array. D) collective. E) venire.
D
A person is convicted of a crime and appeals. If the Appeals Court agrees with the convicted person, what possible actions could it take? A) The Appeals Court could order a new trial. B) The Appeals Court could order the person released and bar a new trial, because under the circumstances a new trial would constitute double jeopardy. C) The Appeals Court always orders a new trial when it agrees with the convict's appeal. D) The Appeals Court always orders the person released and bars a new trial when it agrees with the convict's appeal E) either A or B
E
A police officer seeking a search warrant must present to the magistrate: A) evidence showing that it is more than likely that a crime was committed. B) evidence showing that it is more than likely that the place to be searched is connected to the crime. C) evidence showing conclusively that a crime has been committed. D) evidence showing conclusively that the place being searched is connected to the crime. E) A and B.
E
Double Jeopardy is: A) prohibited by the Third Amendment. B) legal in the U.S. if a person has violated a federal law. C) a person being re-tried after the declaration of a mistrial. D) a person being tried in civil court after a previous criminal court ruled the person innocent concerning the same act. E) a person facing criminal charges after a previous criminal court ruled the person innocent concerning the same act.
E
In a case in South Carolina dealing with pregnant women and drug abuse, the Supreme Court ruled that: A) suspects in custody who voluntarily submit to a lie detector test have given up their right against self-incrimination, and their results are admissible at trial. B) DNA evidence is always admissible due to its high rate of reliability. C) consensual fingerprinting of children with criminal records expunged by the courts are not admissible at trial. D) consensual blood tests violate the Fifth Amendment's prohibition against unreasonable searches. E) non-consensual urine tests violate the Fifth Amendment's prohibition against unreasonable searches.
E
Select the option below that does NOT describe a Terry stop, also called a 'stop and frisk' stop. A) The name of the stop is based on a case in Ohio, in which a police officer stopped and frisked two men who seemed to be "casing" stores at night. B) A person who is stopped by a police officer cannot refuse to give the officer his/her name. C) A police officer may stop and frisk a person who appears to be of Arab descent because the police officer believes that he/she matches a description of a suspected terrorist from an All Points Bulletin. D) A police officer may stop and frisk a person who had done specific acts that made the police officer suspicious that he/she committed a crime. E) A police officer may stop and frisk a person who appears to be of Arab descent because the police officer thinks that he/she may be a terrorist based solely on that person's ethnic appearance.
E
The Confrontation Clause requires that: A) the defense be able to cross-examine all witnesses the prosecution puts on the stand. B) the prosecution make available the technician who completed any DNA or forensic analysis report for cross-examination. C) the defense has the right to cross-examine the prosecutor personally to uncover any prosecutorial misconduct. D) the defense may dismiss jurors for cause. E) A and B.
E
Under a nolo contendere plea the defendant: A) admits no wrongdoing, but agrees to serve the sentence. B) does not incur liability in any possible civil trial arising out of the same acts. C) relinquishes his presumption of innocence. D) maintains his innocence, but allows the court to sentence him as if he were guilty. E) A and B
E
Under transactional immunity: A) the state cannot use the person's testimony against him. B) the state agrees not to prosecute the person for any actions associated with the testimony as long as the person testifies truthfully. C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony. D) the person may still refuse to testify without jeopardizing his immunity. E) B and C
E
Under use immunity: A) the state cannot use the person's testimony against him. B) the state agrees not to prosecute the person for any actions associated with the testimony, as long as the person testifies truthfully. C) the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony. D) the person may still refuse to testify without jeopardizing his immunity. E) A and C
E
What might a magistrate ask for, if a police officer is seeking a search warrant based on information provided by an informant? A) the informant's name and address B) other evidence corroborating the informant's information C) nothing, since magistrates tend to take the police at their word when issuing search warrants D) whether the officers have used the informant in the past, and whether the informant's information has been reliable E) B and D
E
Which of the following are exceptions to Mirandizing a suspect? A) statements the suspect volunteers including confessions B) routine questions such as age, name, address, etc. C) questions asked in the interest of public safety D) undercover officers E) all of the above
E
Which of the following is TRUE about evidence in trials? A) Defendants cannot be forced to provide writing and voice samples. B) Fingerprints are considered inadmissible at trial if they were obtained without the defendant's permission. C) Defendants can be forced to vomit up evidence by having their stomachs pumped in a hospital. D) Defendants cannot be forced to stand in a line-up. E) Defendants can be made to try on clothing.
E
Which of the following is an example of evanescent evidence? A) a driver's blood alcohol levels B) illegal drugs in moving car C) drugs in an apartment when police announce themselves and hear flushing sounds D) skin under a murder suspect's fingernails E) all of the above
E
Which of the following is/are true concerning probable cause? A) It is the standard of proof needed to arrest someone, pull over a vehicle, or get a search warrant. B) It is more than a suspicion, but less than what is needed to convict. C) It is the same standard as beyond a reasonable doubt. D) A, B, and C E) A and B only
E
Which of the following occur at an arraignment? A) The charges against the defendant are read. B) The defendant enters a plea. C) If the defendant does not have representation, he/she can ask for a court-appointed attorney D) The prosecutor provides the list of state witnesses who will testify at trial. E) all of the above
E
evanescent evidence
Evidence that will change or evaporate in a manner that will destroy its evidentiary value.
T/F: "Stop and frisk" searches are unconstitutional because officers lack probable cause.
F
T/F: "Use Immunity" is a broad form of immunity in which the person cannot be prosecuted for any action related to the testimony, as long as the person testifies truthfully.
F
T/F: A change of venue is when a jury from another jurisdiction is brought in to decide the case.
F
T/F: A crime that punishes a person for mowing their lawn on Tuesdays, even on those Tuesdays occurring before the law was passed, is an example of a Bill of Attainder.
F
T/F: A defendant facing charges that are punishable by more than six months has no alternatives to a trial by jury.
F
T/F: A grand jury must find that the accused committed the crime beyond a reasonable doubt in order to indict him/her.
F
T/F: A motion for recusal asks the prosecutor to restate the charges against the defendant.
F
T/F: An attorney uses a challenge for cause to exclude a juror for any reason or no reason at all.
F
T/F: Any law enforcement official who questions you must read you the Miranda warning.
F
T/F: Because the law recognizes only husband-wife privilege, legally married same sex couples do not enjoy the same privilege.
F
T/F: Courts cannot compel a person to produce a DNA sample.
F
T/F: Currently, the Right to Counsel is extended to anyone accused of a state or federal misdemeanor.
F
T/F: During a jury trial, the judge plays the role of the fact finder and the jury plays the role of the determiner of the law.
F
T/F: Every state crime requires a jury trial.
F
T/F: Historically, French control over the lives of the people in the American colonies led to the establishment of Constitutional prohibitions against "unreasonable searches and seizures" and the arrest of citizens except "upon probable cause."
F
T/F: If a state changes the interval between parole hearings, it violates the Constitution's prohibition on ex post facto laws.
F
T/F: In capital cases, attorneys can exclude jurors who are opposed to the death penalty.
F
T/F: In the contemporary American judicial system, trial by jury is a guaranteed option for anyone accused of a crime that is punishable by over one year in prison.
F
T/F: Jury instructions are a standard form used in every trial.
F
T/F: Officers must quickly obtain a search warrant to obtain evanescent evidence.
F
T/F: Polygraph test results are always admissible in court.
F
T/F: Searches are unreasonable if they unduly interfere with a person's expectation of privacy, such as a police officer's use of evidence that was in plain view.
F
T/F: The Department of Justice's Petite Policy prohibits state prosecutors from prosecuting a defendant on state charges if the federal law violated in substantially similar to a state one, and the federal government has prosecuted the defendant on the same charges.
F
T/F: The Right to Counsel, including free counsel for indigent defendants, stops after A cooperation agreement: is the same as use immunity is the same as transactional immunity lays out how the defendant will testify in exchange for a recommendation of the verdict is rendered in the trial. Obtaining counsel for post-trial appeals is the responsibility of the defendant.
F
T/F: The consent once removed doctrine means that a resident who revokes consent to be searched may evict the police, and any evidence they obtained cannot be used against the resident.
F
T/F: The first legal proceeding after being arrested is the preliminary hearing.
F
T/F: The principle that conversations between client and counsel are privileged in order to encourage full and frank discussion between them is called Priest- Penitent Privilege.
F
T/F: To obtain a search warrant, police must produce evidence showing guilt beyond a reasonable doubt.
F
T/F: Under the Seventh Amendment, "all the charges against a defendant that grow out of a single criminal act, occurrence, episode, or transaction" must be tried at the same time.
F
T/F: Wiretaps are always unreasonable searches.
F
A hearing preparatory to admitting a confession into evidence where the prosecutor must prove that the confession was voluntary is a ________________ hearing.
Jackson-Denno
nolo contendere
Latin for "I will not contest this", a plea entered that admits no wrongdoing, but allows the court to sentence the defendant as if guilty.
The _______________ or "Great Charter" guaranteed noblemen under King Jon's jurisdiction 'life, liberty, and property.'
Magna Carta
T/F: The Supreme Court has ruled that the protection of conversations between a patient and his/her psychiatrist "serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem."
T
T/F: The citizens in Athens, Greece had one of the first known juries in history.
T
T/F: The greater the expectation of privacy, the more likely law enforcement personnel need a search warrant.
T
T/F: The literal meaning of voir dire is "to speak the truth."
T
T/F: The right to remain silent is not without limits.
T
T/F: The right to remain silent is provided in the Fifth Amendment.
T
T/F: When an attorney moves to exclude a potential juror as part of his/her allotted peremptory challenges, there need not be any cause for eliminating that person. However, an attorney is not permitted to exclude any juror based on race or gender biases.
T
exclusionary rule
The 'fruit of the poisonous tree' doctrine that prohibits the admission of evidence obtained illegally at a defendant's criminal trial.
The right embodied in the Fifth Amendment that allows an accused person to remain silent is the right _______________.
against self-incrimination
A document issued by a judge ordering law enforcement officers to arrest a specific person is a ________________ .
bench warrant
A law that singles out a person or persons as the only individual affected is a ___________.
bill of attainder
An order moving jurisdiction from the court where the preliminary hearing took place to the trial court is a_______________.
binding
A jury that cannot reach a verdict is said to be ___________________.
hung
An __________________ is the written accusation claiming that a specific person committed a specific crime or crimes.
indictment
The court appearance shortly after the suspect's arrest where the suspect is informed of specific rights is the___________________.
initial appearance
A presumption that cannot be disproved regardless of the amount or quality of the evidence to the contrary is a ________________ presumption.
irrebuttable
A ________________ is a group of men and women selected from the community to determine the truth.
jury
A decision by a jury to ignore the law or the judge's instructions when deliberating is called _______________.
jury nullification
A motion for a new trial must be based upon ______________.
new evidence or a procedural flaw
The amount of proof required before an officer can obtain a search warrant is ___________________.
probable cause
A presumption that can be overcome by presenting evidence to the contrary is a___________________ presumption.
rebuttable
T/F: Defense attorneys have the option of delivering their opening statement following the prosecution's opening statement, or after the prosecution has presented its case.
T
T/F: Evidence that is obtained through a search that violated the rights of the accused cannot be used in trial.
T
T/F: If a person confesses to a crime, but was not first informed of his/her rights, the confession will be inadmissible at trial.
T
T/F: It is possible for an act to have violated both federal and state laws at the same time.
T
T/F: Jurors are selected from the state or district where the crime occurred.
T
T/F: Members of all groups or classes may serve on juries.
T
T/F: Most states require defendants to be tried within a year of being arrested.
T
T/F: Private conversations between husband and wife are privileged to protect marriages from the destructive effects of being compelled to testify against one another.
T
T/F: Savvy attorneys will place people whose presence in the courtroom is prejudicial on the witness list.
T
T/F: Sequestration is the process of cutting off jurors from the outside world during the trial so that they remain impartial.
T
T/F: Statutes of limitation determine how much time can pass after a crime has been committed, within which a person can be prosecuted for that crime.
T
T/F: The Fourth Amendment provides protection against unreasonable searches and seizures, as a way to protect citizens from overzealous law enforcement officers and judges eager to secure criminal convictions.
T
rebuttable presumption
A presumption that can be overcome by presenting evidence to the contrary
T/F: The Right to Counsel is found in the Sixth Amendment.
T
T/F: The Speedy Trial Act of 1974 set strict time limits to try defendants in the federal system.
T
true bill
The document produced by a grand jury when it is convinced the prosecutor's evidence is sufficient to charge the accused with a crime.
Select which of the following is an example of an ex post facto law. A) Anyone who has ever owned a vehicle that polluted the environment, beginning in 1950 until the current year, will be subject to a $200 fine for each year of vehicle ownership payable to the Environmental Protection Agency. This law shall take effect in three months from the time of passing through both legislative bodies. B) Anyone owning a vehicle that pollutes the environment will be subject to three months in prison. This law shall take effect in three months from the time of passing through both legislative bodies. C) Anyone who murders another person with malice aforethought will be punished by a fine of $4,000 payable to the nearest family member of the victim. This law shall take effect in three months from the time of passing through both legislative bodies. D) Anyone who murders another person with malice aforethought will be punished by four years of imprisonment. This law shall take effect in three months from the time of passing through both legislative bodies. E) Anyone who commits three felony violations will be sentenced to lifetime imprisonment, so long as the third felony violation occurred after the time of this bill's passing.
A
The work product rule is related to: A) attorney-client privilege. B) spousal privilege. C) priest-penitent privilege. D) patient-counselor privilege. E) reporter's privilege.
A
To enforce discovery requests, courts may: A) order the recalcitrant party to permit the discovery or inspection; specify its time, place, and manner; and prescribe other just terms and conditions. B) grant a continuance. C) prohibit the recalcitrant party from introducing the undisclosed evidence. D) enter any other order that is just under the circumstances. E) any of the above
A
What does a statute of limitation do? A) sets a deadline for the commencement of criminal actions B) sets a deadline for the destruction of DNA evidence after a verdict has been reached C) sets a deadline for the commencement of a trial after the arrest of a suspect D) sets a deadline for the use of DNA evidence before it can be destroyed E) sets conditions limiting the use of DNA evidence to protect falsely accused individuals
A
What occurs when the jury appears to have completely ignored the facts of the case and applied the law as they wish it to be written? A) jury nullification B) jury tampering C) jury ignorance of the law D) jury legislation E) jury supposition
A
Which law requires that jurors for both grand and petit juries are selected at random from a fair cross-section of the community? A) The Federal Jury Selection and Service Act of 1968 B) The Federal Voir Dire Act of 2004 C) Amendment Number 5 to The Federal Statute of Criminal Law of 1968 D) The California Criminal Code on Jury Selection and Service E) The International Treaty of Grand and Petit Juries of 1943
A
Which of the following does NOT describe the exclusionary rule? A) It provides police with an opportunity to search your home without major limitations. B) It is also known as "the fruit of the poisonous tree" doctrine. C) It allows evidence that was obtained illegally, but in good faith, to be used in trial. D) It is used to discourage the use of unreasonable searches in criminal investigations. E) It prohibits the use of evidence obtained illegally in trial.
A
Which of the following is NOT true about the Right to Counsel? A) The Right to Counsel is found in the Third Amendment to the Constitution. B) Indigent defendants have the right to a court appointed attorney at no charge. C) The Right to Counsel is mentioned as part of the Miranda warnings. D) It is expected that the Right to Counsel will mean that the attorney will be competent and effective. E) Right to Counsel, including free counsel for indigent defendants, continues after trial through the post trial appeals and any direct appellate appeals
A
Which of the following searches does not violate the Fourth Amendment? A) A search is taking place at a roadblock where an accident had occurred, and the police are looking for a specific suspect or information that could help them find him. B) Infrared cameras are being used to find greenhouses growing marijuana. C) A GPS device is attached to a suspect's car to see where he goes. D) A search for drugs is conducted on every car at a roadblock on a route where police believe there is heavy drug traffic. E) A warrantless search of a residence is conducted where the resident is not a terror suspect.
A
Grand jury
A body of members from the community, which decides whether enough evidence exists to indict an individual.
Bench conference
A conference called among the judge and attorneys for both sides, and possibly the accused to discuss matters without the jury hearing it.
discovery
A formal investigation conducted before the trial by both parties.
motion to change venue
A formal request to change the trial's location.
indictment
A grand jury's action to bring charges against an individual.
Alford plea
A plea entered where the accused maintains his innocence, but agrees to be sentenced as if guilty.
petit jury
A trial jury.
"Pleading the Fifth" means asserting the right to avoid giving testimony that could: A) incriminate one's husband. B) incriminate one's self. C) incriminate one's attorney. D) incriminate a member of one's congregation. E) incriminate one's patient.
B
A person was tried for a murder three years ago and was acquitted. The police find new evidence showing the person was guilty. Can the person be charged for the same murder again? A) No, because the evidence must be excluded as 'fruit of the poisonous tree.' B) No, because to do so would be double jeopardy. C) No, because to do so would constitute a bill of attainder. D) Yes, because there is no statute of limitations on murder. E) No, because evidence discovered that long after the crime would be evanescent evidence.
B
If the government fails to give a defendant a prompt arraignment: A) the charges will be dropped, because receiving a prompt arraignment is part of each citizen's right to a speedy trial. B) all statements made by the defendant in custody will be suppressed by the court. C) the defendant gets free representation even if he can afford a lawyer. D) the defendant has a private cause of action against the prosecutor. E) None of the above statements are true.
B
Which of the following is NOT true about Attorney-Client Privilege? A) Under the Work Product Rule, any notes taken or materials produced in preparation for the trial are protected. B) Attorney-Client Privilege ends upon the death of the client. C) Attorney-Client Privilege does not allow the attorney to participate in a crime. D) Conversations between client and counsel are privileged in order to encourage full and frank discussion between an attorney and client. E) An attorney cannot allow a client to give false testimony if the attorney knows that the client intends to lie.
B
Which of the following is NOT true of Spousal Privilege? A) Under the law today, a person can choose to testify against their spouse. B) The privilege to avoid testimony belongs to the person being spoken about, and not to the speaker. C) Spousal Privilege protects private conversations between husband and wife, and protects marriages from the destructive effects of being compelled to testify against one another. D) The privilege is based on the notion that husband and wife are one person and that one person should not be compelled to testify against one's self. E) Under common law, it was customary that a spouse could not be compelled to testify and that a spouse could be prevented from testifying by the other spouse.
B
Which of the following is an example of a Bill of Attainder? A) Bed linens sold within the United States must first be inspected by storeowners for purity of the materials. B) Members of the KKK shall not be permitted to purchase bed linens at any store. C) No store shall sell bed linens to customers on Saturdays or Sundays. D) A store shall charge the same price for the same bed linens, regardless of who the customer might be. E) There shall be no protest events held within twenty feet of the entrance of any store that sells bed linens.
B
Which of the following sets of options are appropriate ways to minimize the impact of media publicity on potential jury members? A) voir dire, sequester the jury and change the venue. B) sequester the jury, change the venire, and change the venue C) sequester the jury, peremptory challenges, and change the venue D) challenges for cause, peremptory challenges, and change the venire E) challenges for cause, peremptory challenges, and misdirect the media to a different courtroom
B
An officer arrests a person for an open bench warrant. During the arrest, he notices drug paraphernalia in the car. He files additional charges against the individual. The individual then notifies the judge that the warrant had expired, and showed being open on the police system in error. He claims since the officer had no valid probable cause, the drug paraphernalia should be excluded under the exclusionary rule. What will the court most likely rule? A) The court would exclude the evidence as per the exclusionary rule, and drop the additional charges. B) The court would allow the evidence, but note the objection as a basis for appeal. C) The person would have the basis for a civil suit against the municipality for failing to keep their warrant database up-to-date D) The evidence would be allowed in if the police proved they were acting in good faith when they made the discovery. E) The evidence would be allowed in if the police could independently produce corroborating evidence.
D
Any decision to increase a prison sentence because of aggravating factors must be made by the: A) prosecutor. B) defense attorney. C) judge. D) jury. E) none of the above
D
Bringing jurors from other locations into the court, to reduce the number of local jury members who may have heard information about the case before the trial, is called: A) change of venue. B) change of jury options. C) change of location. D) change of venire. E) change of pants.
D
If a judge at a preliminary hearing decides the case should go to trial, that judge will issue a(n): A) arraignment. B) decision on guilt or innocence. C) bench warrant. D) binding. E) indictment.
D
Probable cause is; A) sufficient evidence that it is more likely than not that the allegations are true, and the standard of proof for conviction in a criminal case. B) sufficient evidence that it is very likely that the allegations are true and the standard required for the issuance of a search warrant. C) sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard of proof for conviction in a civil case. D) sufficient evidence from which a reasonable person could conclude that the allegations are true and the standard required for the issuance of a search warrant. E) the general suspicion that we all have about our neighbors.
D
The limiting of a juror's exposure to media coverage of the trial by separating them from society and monitoring their reading materials, television access, and such is called: A) peremptory challenge. B) defenestration. C) change of venire. D) sequestration. E) just plain mean.
D
Under an Alford plea, the defendant: A) admits no wrongdoing, but agrees to serve the sentence. B) does not incur liability in any possible civil trial arising out of the same acts. C) relinquishes his presumption of innocence. D) maintains his innocence, but allows the court to sentence him as if he were guilty. E) A and B
D
Which of the following examples would be violation of the right to be free from unreasonable searches and seizures? A) A police officer is searching an office computer owned by an accounting firm for kiddie porn. He does not have a warrant, but he has permission from the president of the accounting firm to do so. B) A police officer bags a severed bloody finger that she found in your basement after obtaining a warrant to search your home as part of a murder investigation in which you are the prime suspect. C) A police officer enters Apartment B with a valid warrant in search of an escaped convict who may be hiding there. D) A thermal imaging device is aimed at a home by police officers who could not convince a judge to sign a warrant, as they try to detect heat lamps used to grow marijuana. E) A police officer pulls over a speeding vehicle and notices that the driver has a bag of cocaine sitting on his dashboard. The officer arrests the driver on a drug charge.
D
Which of the following is NOT true? A) Only in cases that would create a manifest injustice if the defendant were allowed to go free, does the federal government prosecute an individual who has already been tried and convicted or acquitted of an act that is a state crime and also a federal crime. B) Defendants can be compelled to provide some forms of physical evidence that can be used against them at trial. C) Police who have obtained a valid warrant may search property on tribal lands. D) If a search warrant is obtained and used, and later shown to have been flawed in some way, the police may not use the evidence obtained even though they took that evidence in good faith. E) To meet Constitutional standards, a search warrant must describe specifically "the place to be searched and the persons or things to be seized."
D
Which of the following items is a prosecutor NOT required to provide to the defense during discovery? A) the defendant's oral statements B) the defendant's written or oral statements C) the defendant's prior record D) a copy of the prosecution's opening statement E) the names of any expert witnesses
D
Which of the following may an attorney NOT do in a closing statement? A) frame the evidence in the most favorable light B) use the evidence to tell a story C) point out inconsistencies in the other side's version of events D) introduce new evidence E) remind the jury of favorable evidence
D
Which of the following statements is true concerning the difference between federal and state juries? A) Federal juries always consist of twelve members, while some state juries may be as small as six. B) Federal juries always require a unanimous verdict, while some state juries do not. C) Federal juries hear cases concerning federal law violations, while state juries hear cases of alleged state law violations. D) All of the above are true. E) None of the above are true
D
Which one of the following options does NOT describe the Right to Privacy? A) It was first discussed by Justice Brandeis in 1927 as "the right to be left alone." B) It is not explicitly given in the U.S. Constitution. C) It is derived from the combination of other Constitutional Amendments and previous case law. D) It is provided for directly in the Fourteenth Amendment. E) It has provided the legal basis for combating laws that discriminate against homosexuals.
D
exculpatory evidence
Evidence that casts doubt on the defendant's guilt.
pretrial motions
Formal requests that a judge enter a particular order prior to the star of a trial.
Bail
Money or other guarantee posted to assure a defendant who is released form custody pending trial or appeal will appear when called or forfeit the security posted.
stop and frisk
Police officers may briefly stop, identify, and frisk persons reasonably believed to have committed a crime during the course of an investigation.
exigent circumstances
Situations that require urgent action, sufficient to excuse delay to get a warrant.
The _____________ Amendment is the basis for ensuring defendants the right to a trial by jury.
Sixth
T/F: Confessions may only be used against a defendant if the prosecution can show they followed the procedures laid out in Miranda, and they did not coerce or otherwise extract a confession from the defendant.
T
T/F: "Use Immunity" is a limited form of immunity in which the person's testimony cannot be used as evidence against them.
T
T/F: A defendant has the Right to Counsel at the arraignment, at preliminary hearings, during most police interrogations, during a lineup, at trial, and at sentencing.
T
T/F: A jury that hears evidence and decides if the accused should be indicted and tried for the crime is called the "grand jury" in most jurisdictions.
T
T/F: A person can be tried for the same act if it violates both state and federal laws.
T
T/F: A person is in custody if he or she is not free to leave.
T
T/F: A police officer may search a vehicle if he/she has reasonable cause that would allow a warrant to have been issued if the officer had attempted to do so, because taking the time to seek a warrant would create the likelihood that the automobile would change location.
T
T/F: At Common Law, the sheriff was authorized to conscript jurors from those passing by.
T
confession
The act of admitting guilt to a crime.
Self-incrimination
The act of giving testimony against one's penal interest.
arrest
The official taking of a person to answer criminal charges.
plea bargaining
The process of negotiating the settlement of criminal charges without a trial.
right to remain silent
The right not to testify against their own interests when accused of a crime.
marital privilege
The right of a person to refuse to testify against his or her spouse.
custody
The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
patient-counselor privilege
The right of confidentiality accorded counselors for conversations held in the course of mental health treatment.
priest-penitent privilege
The right of confidentiality accorded members of the clergy for conversations held during the ritual of confession.
probable cause
The standard of proof used to determine if a person should be charged with a crime.
The act of admitting guilt or complicity to the commission of a crime is a __________________.
confession
A _____________ is an agreement between the prosecution and a defendant that spells out that the defendant will cooperate in the prosecution of others in the same or related criminal activity, usually in exchange for a recommendation of leniency to the court.
cooperation agreement
Grand juries: A) investigate crimes. B) can subpoena witnesses. C) vote to issue indictments. D) determine guilt or innocence. E) A, B, and C.
d
The rule that a person can only be tried once for the same offense is _______________.
double jeopardy
The rule that a person cannot be charged a crime that became a crime after he committed the act made illegal is _____________.
ex post facto law
The limited right to be released from prison pending trial after posting enough security to assure appearance at the time of trial is the ____________________.
right to bail
The Constitutional right to not testify against one's own interest when charged with a crime is called the _______________.
right to remain silent
A motion for judgment notwithstanding the verdict asks the judge to ____________________.
set aside the verdict
