Final CJ EXAM

State four major concerns regarding reliability of testimony from eyewitnesses.

1) Each person will testify to personal perception of an event, and people often perceive the same event differently. 2) Every person will not use the same language to describe what was witnessed. 3) A witness may simply have a faulty memory and unintentionally testify to an untruth. 4) For a variety of reasons, a witness may intentionally lie.

A defendant is convicted of three crimes. She is sentenced to two 5-year sentences to run concurrently and a 10-year sentence to run consecutively. How much actual time was she sentenced to, not accounting for parole or other methods of early release?

15 years

What is a victim impact statement? What provisions are made under federal law to aid victims and witnesses and their immediate families?

A victim impact statement is a statement made at sentencing to the court concerning the effect of the crime on the victim and/or the victim's family. Federal laws for victims and witnesses provide the potential for relocation of the victim or witness and the immediate family at taxpayer expense. The United States may also provide the family with a new identity.

Which of the following statements best describes the doctrine of selective incorporation?

All rights deemed fundamental and essential to an ordered liberty are incorporated by the Fourteenth Amendment and applicable against the states.

Which of the following is most accurate concerning the effect the exclusionary rule has on prosecutions

Between 0.6% and 3.5% of cases not prosecuted and unsuccessfully prosecuted can be attributed to the rule.

Which of the following best describes the Fourth Amendment status of a driver and a passenger of an automobile during a traffic stop?

Both passenger and driver are seized

What is commutation of sentence? Who has the power to commute a sentence? Under what circumstances is commutation of sentence used?

Commutation of sentence is a change of a criminal punishment to one less severe. In most states and the federal government, the chief executive (i.e., the governor or the president) has the power to commute a sentence. Commutation is used when the executive believes a person guilty, but also believes the sentence is too harsh.

To which justice model discussed in the text does the United States adhere?

Due Process

Which of the following regulates the collection of foreign intelligence by government officers, whether through wire-taps, pen registers, trap devices, and other electronic means?

FISA Act of 1978

A person need not be in physical custody to apply for federal habeas corpus relief; he or she only need have some restraint of liberty.

False

A state prisoner must exhaust state law remedies before applying for federal habeas corpus, even if futile.

False

Approximately half of the criminal prosecutions in the United States occur in state courts, and the remainder take place in the federal court.

False

Both defendants and prosecutors may move for a directed verdict.

False

Evidence obtained as a result of an un-Mirandized statement is excluded at trial.

False

In United States v. Leon (1984), the Supreme Court of the United States held that the exclusionary rule does not apply in pretrial suppression hearings.

False

The Eighth Amendment's Cruel and Unusual Punishments Clause has been interpreted by the Supreme Court of the United States as limiting capital punishment to murderers and rapists.

False

The Sixth Amendment requires that all felonies be tried by juries of 12 persons.

False

The Supreme Court has held that shaming is an unconstitutional form of punishment.

False

The exclusionary rule applies at sentencing.

False

The exclusionary rule applies only in federal courts.

False

The standard for the government is higher to obtain a warrant authorizing the use of an electronic device to track the movement of an individual than for a standard warrant.

False

The trend of the Supreme Court in recent years has been to expand the scope of the exclusionary rule.

False

Any right a defendant has to counsel on appeal is guaranteed by

Fourteenth amendment

Federal habeas corpus may not be used to relitigate

Fourth amendment

In medieval England, trial by ordeal was used to determine guilt. Who was responsible for determining guilt in a trial by ordeal?

God

How does an adversarial adjudication resemble a sporting event? In your response, identify the roles of parties to the criminal adjudication.

In both, there are two opposing parties and a neutral umpire. In criminal adjudications, these roles are played by the defendant, prosecutor, and judge. The judge in criminal adjudications is a passive participant and usually becomes involved only as needed by the parties or required by law.

In which case did the U.S. Supreme Court hold that the government's installation of a GPS device on a target's vehicle, and its use of that device to monitor the vehicle's movements, constitutes a "search" constitutes a search a seizure under the Fourth Amendment?

Jones Versus United States

Voir dire refers to what stage of trial?

Jury Selection

The Sixth Amendment guarantees a right to a speedy trial. As such, trials must be conducted from the time the defendant is formally charged.

None

In which of the following situations does the Fourth Amendment not apply?

None of the above apply.

Which of the following best describes the constitutionality of laws requiring individuals to present identification to law enforcement officers?

Officers may demand to see identification from individuals so long as reasonable suspicion exists to temporarily detain the suspect.

Why are state constitutions more likely to address specific issues than the U.S.Constitution? Is the bill of rights for most states similar to or different from the Bill of Rights in the U.S. Constitution?

State constitutions are more likely to address specific issues because it is generally easier to amend a state constitution than it is to amend the U.S. Constitution. The bill of rights for most states is almost identical to the Bill of Rights of the U.S. Constitution.

The Sixth Amendment guarantees counsel at all

critical stages of the proceeding.

A nolle prosequi is a decision by a police officer not to arrest an alleged criminal.

false

A suspect has a right to counsel at photograph identification sessions.

false

Factual guilt is the same as legal guilt.

false

The Supreme Court of the United States has interpreted the Sixth Amendment's Speedy Trial Clause as requiring trial within 90 days of the filing of the formal charge.

false

The exclusionary rule applies in grand jury proceedings.

false

Whenever a judge discharges a potential juror because the juror will not be fair and impartial, the judge has excused the juror

for cause.

A defendant who is disorderly and disobedient may be

handcufied. gagged. excluded from his or her trial.

In Mapp v. Ohio (1961), the Supreme Court of the United States held that under the Fourth Amendment

illegally obtained evidence is inadmissible in court in criminal trials

The Sixth Amendment to the United States Constitution guarantees a trial by jury

in all cases where the punishment may exceed six months.

An indigent defendant has the right to appointed counsel

in all criminal cases where jail time results.

A defendant must be read the Miranda warnings whenever he or she is

in custody and subject to interrogation.

The open fields doctrine

limited Fourth Amendment protection to only the area immediately around a person's home.

What is nolle prosequi?

motion by prosecutor not to prosecute

The Constitution expressly provides for the exclusionary rule in

none of the above

In United States v. DeLuca, 137 F.3d 24 (1st Cir.1998), the use of anonymous juries was held to be

permissible in extraordinary situations provided the trial takes measures to minimize the harm to the defendant.

The exclusionary rule

prohibits the admission at trial of evidence that was obtained illegally by law enforcement.

A protective sweep is a lawful and warrantless

search of the premises where a defendant is arrested for the limited purpose of determining whether another potentially dangerous person is present.

As a search incident to arrest, an officer may

search the defendant and all areas within the defendant's immediate control.

The right to counsel found in the Miranda v. Arizona case is founded upon

the Fifth Amendment right to be free from self-incrimination.

The "Leon" exception to the warrant requirement allows

the admission of evidence seized pursuant to an invalid warrant executed in good faith by law enforcement.

A coerced confession should be excluded from trial. If a coerced confession is admitted

the appellate court will reverse unless the prosecution can show, beyond a reasonable doubt, that the error was harmless.

The legal victim in criminal cases is

the government

A violation of the Miranda decision results in

the inadmissibility of any statements made.

An officer must knock and announce himself or herself before entering a person's home to execute a warrant unless

the officer's life would be endangered by so doing. a third person's life would be endangered by so doing. such action would permit those inside to destroy evidence.

Generally, police officers are shielded by judicial immunity when enforcing court orders.

true

A state criminal statute requires the imposition of the death sentence for all murder convictions. The statute is

unconstitutional

What is the inevitable discovery rule?

The inevitable discovery rule states that even if criminal evidence is gathered by unconstitutional methods, the evidence may be admissible if it definitely would have come to light anyway.

Fred and Samantha have been neighbors for years. Fred, a dentist, dislikes Samantha, a lawyer. Fred forced entry to Samantha's house while she was on vacation to prove to his neighbors that Samantha was a drug user. Once inside, Fred discovered large amounts of cocaine. He took the drugs to the police, where he told his story. Later, Fred was charged with trespass and Samantha was charged with possession of cocaine. Samantha filed a motion to dismiss, asserting that Fred violated the Fourth Amendment in searching her home. Which of the following outcomes is most likely?

The motion be denied

Which of the following best describes the U.S. adversarial system?

The parties are competing, and the judge plays the role of passive referee.

Who generally conducts a Presentence Investigation (PSI)? Who receives the PSI report? What is the primary purpose of the PSI report?

The probation officer conducts the PSI. The judge receives the PSI report, which is prepared for the purpose of guiding the judge in sentencing the defendant.

Which of the following is not required to prove a discriminatory prosecution in violation of the Fourteenth Amendment?

The prosecutor personally knows the defendant.

What is the public safety exception? Describe a recent case where the United States Department of Justice Memorandum titled Custodial Interrogation for Public Safety and Intelligence-Gathering Purposes of Operational Terrorists Inside the United States guided the use of this exception, and summarize what is included in the Memorandum.

The public safety exception states that questions made by officers in the interest of public safety need not be preceded by a Miranda warning. Following the bombings at the 2013 Boston Marathon, the government announced it would invoke the public safety exception and not immediately Mirandize the suspect Dzhokhar Tsarnaev. Its decision was guided by the United States Department of Justice Memorandum titled Custodial Interrogation for Public Safety and Intelligence-Gathering Purposes of Operational Terrorists Inside the United States. This Memorandum advises federal agents who are questioning terrorist suspects that they may ask any and all questions that are reasonably prompted by an immediate concern for the safety of the public or the arresting agents without advising the arrestee of his Miranda rights. After that, the agents should advise the arrestee of his Miranda rights before further questioning, unless there are "exceptional circumstances."

Which of the following best describes the impact on appeal of allowing an involuntary confession to be admitted at trial?

The result is reversal unless the government can establish that harm did not occur.

Identify the six primary participants in criminal adjudications.

The six primary participants are: law enforcement officers, prosecutors, judges, defense attorneys, victims, and jurors.

Which of the following best describes the test used to determine whether a person is in "custody" for Miranda purposes?

The suspect possesses a reasonable belief that he or she is not free.

What is standing? What is its relevance to a motion to suppress evidence in a criminal case? What are the two important aspects of standing to suppress evidence?

The term standing refers to a person's right to bring or join a lawsuit because the person is directly affected by the issues raised. This is the person's standing to sue. In a criminal case, a defendant must have standing before having the right to move forward to suppress evidence. There are two aspects of standing: 1) The person challenging the evidence must have an adversarial interest in the proceeding. 2) A defendant must have a reasonable expectation of privacy to a place or thing in order to have the right to have it excluded at trial.

What are the three elements that must be shown to establish improper, discriminatory prosecution?

The three elements are: 1) other people similarly situated were not prosecuted; 2) the prosecutor intentionally singled out the defendant; 3) the selection was based upon an arbitrary classification.

Which of the following rights has not been incorporated?

To be indicted by a grand jury

A defendant has a right to counsel at a post-indictment lineup.

True

A police officer may order the driver of a lawfully stopped automobile out of the car during the stop without probable cause to believe that the driver is concealing contraband or is a threat to the officer.

True

A police officer may order the occupant (not the driver) of a lawfully stopped automobile out of the car during the stop without probable cause to believe that the occupant is concealing contraband or is a threat to the officer.

True

Due process requires a unanimous verdict for conviction if a six-person jury is used to try a case.

True

If Merle consents to a law enforcement recording of his telephone conversation with Joan, the recording may be used at Joan's trial over her privacy invasion objection.

True

In Graham v. Florida, the Court held that a juvenile may not be sentenced to life imprisonment without parole for a nonhomicide crime.

True

Parolees may be searched without suspicion. Probationers, on the other hand, enjoy greater privacy and can be searched only when there is suspicion to believe that they possess contraband.

True

Police officers are not required to give Miranda warnings during routine traffic stops even though an interrogation may occur.

True

Prosecutors have a limited right of appeal, while defendants enjoy a much greater right to appeal.

True

The Confrontation Clause limits the admissibility of hearsay in criminal trials.

True

The constitutional mission of the prosecutor is to seek justice.

True

The use of victim impact evidence at sentencing has been disapproved by the Supreme Court of the United States.

True

Unanimous verdicts are required in all criminal cases for conviction.

True

Under the Eighth Amendment's Fines Clause, fines must be proportionate to the offense committed.

True

Under the International Chiefs of Police Code of Conduct, police officers are expected to attempt to obtain maximum public cooperation when enforcing the laws.

True

Unless a search warrant provides otherwise, search warrants are to be executed during the day.

True

Distinguish among the terms probable cause, reasonable suspicion, and beyond a reasonable doubt as each applies to criminal law.

While there is no universal definition of probable cause, it is the minimum amount of evidence necessary for a search, seizure, or arrest to be proper under the Fourth Amendment. Reasonable suspicion is required to support temporary detentions and frisks. In a criminal trial, the defendant must be found guilty beyond a reasonable doubt in order for a conviction to be sustained.

At which of the following is there no right to counsel?

a fingerprinting session the taking of blood the taking of a hair sample

Before a "Terry" investigatory stop may be made, an officer must have

a reasonable suspicion that criminal activity is afoot.

While executing a lawfully issued arrest warrant, a police officer is shielded by

absolute immunity

In determining whether a defendant's consent to search was valid, which of the following factors are considered by a reviewing court?

age and intelligence of suspect, and length of detention

When issuing a warrant, a court may consider

all credible evidence presented regardless of whether it is admissible at trial.

By 2013, how many states had allowed victim impact evidence to be considered by sentencing judges and juries?

approximately 50

Jeff has been arrested. He was Mirandized, and he requested to see his lawyer. After his attorney left the jail, the police questioned Jeff concerning the crime. During the questioning Jeff made incriminating admissions. Those admissions

are inadmissible because his counsel was not present.

The standard of proof in a criminal case is

beyond a reasonable doubt

The process of seizing evidence, storing it, recording its movements and uses, and producing it for trial is known as

chain-of-custody/preservation.

Identify at least four reasons that have been fueling the Death Penalty Moratorium Movement.

Students should provide at least four of the following: 1) Sister Helen Prejean's book and subsequent movie, Dead Man Walking. Kirchmeier likens the impact of this book on the death penalty to the impact Harriet Beecher Stowe's book, Uncle Tom's Cabin, had on the slavery abolition movement; 2) the criticism of Supreme Court Justices Blackmun and Powell, as well as that of many other judges; 3) the 1997 American Bar Association statement urging a moratorium on the death penalty; 4) new technologies have led to the discovery of wrongly convicted and sentenced individuals. Between 1973 and 2002, 99 prisoners were released from death row after new technology proved their innocence or at least established the absence of proof beyond a reasonable doubt; 5) new research indicates that innocent persons are executed; 6) the economy was good and the crime rate declined during the 1990s; 7) there was considerable media attention regarding cases where prisoners who had been sentenced to death were later set free; 8) many states added the possibility of life without parole.

Which of the following statements is true?

The Constitution of the United States does not guarantee a right to appeal; however, if a state provides for appeal by right, then all defendants have a constitutional right to appeal.

In what way did Katz v. United States change the law of search and seizure?

The Fourth Amendment was held to protect people, not places.

What are the two facts that must be shown in order for a defendant to succeed with an appellate claim of ineffective counsel at trial? What is the significance of "undivided loyalty" of counsel in such claims?

The defendant must show that the representation was extremely inadequate and that the defendant was actually harmed by the lack of adequate counsel. A defendant has a right to the "undivided loyalty" of defense counsel; ineffective assistance of counsel claims frequently arise when one attorney represents co-defendants.

Which of the following is not an exception to the fruit of the poisonous tree doctrine?

The evidence is of marginal incriminating character.

Courts examine the totality of the circumstances when determining whether a consent has been voluntary. List six factors that are considered in determining whether a consent was voluntary. Then clarify the meaning of dispositive as you explain whether any of these factors are dispositive.

The factors are: 1) the suspect's knowledge of the right to refuse; 2) the age, intelligence, and language skills of the suspect; 3) the degree of cooperation exhibited by the suspect; 4) the suspect's attitude regarding the likelihood of discovering contraband during the search; 5) the length of detention; 6) the nature of the detention, including the nature of the questions and whether police intimidated the suspect or coerced the statement. Dispositive means "determinative." None of these factors are dispositive, though all are considered.