JUST 212 Criminal Procedures Quiz's 8-14

The two types of guilty pleas are the _______________ plea and the _______________ plea.

(Wrong) straight; negotiated

Best guesses indicate that eyewitness misidentifications account for what percentage of wrongful convictions of persons eventually exonerated by DNA?

75 percent

A defendant's motion to change venue does not waive the right to be tried in the state and district where the crime was located.

False

A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.

False

All dismissals because of speedy trial violations are with prejudice.

False

All states allow citizens to bring suits against them for the constitutional violations of their officers.

False

Bad evidence is the term used to describe probative evidence, or evidence that proves (or helps to prove) that defendants committed the crimes with which they are charged.

False

In Herring v. U.S. (2009), SCOTUS held that if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant against the suspect, the arrest violates the Fourth Amendment, but evidence obtained during a search incident to the unlawful arrest is admissible in court.

False

In Lockyer v. Andrade (2003), SCOTUS ruled that it was a violation of the Eighth Amendment's cruel and unusual punishment clause to sentence Andrade to 25 years to life imprisonment for petty theft under the state's three-strikes law.

False

Most recent legal commentary supports the grand jury process.

False

Prosecutors have qualified immunity for their conduct as advocates in the judicial phase of the criminal process.

False

Researchers have found that law enforcement officers are better at judging videotaped confession interviews than are college students.

False

SCOTUS has ruled that use of the key-man system to select jurors is in violation of the Sixth Amendment.

False

The Sixth Amendment confrontation clause bars the use of hearsay evidence under all circumstances.

False

The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights.

False

U.S. v. Leon (1984) was a SCOTUS opinion that narrowed the good-faith exception.

False

When memories are acquired, the brain acts as a video recorder storing a stream of images.

False

Confessions and incriminating statements are considered involuntary only if officers engage in coercive conduct during custodial interrogation, and this coercive conduct caused the suspect to make incriminating statements.​

True

Defendants may only plead nolo contendere with the permission of the court.

True

Defendants who plead guilty waive their Fifth Amendment right to remain silent.

True

Every state jurisdiction has created a statutory right to appeal.

True

Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally.

True

Forensic science produces some of the most powerful evidence imaginable.

True

In Miranda v. Arizona (1966), SCOTUS held that police officers violated Ernesto Miranda's Fifth Amendment right against self-incrimination during Miranda's custodial interrogation.

True

In experimental research to study eyewitness identification, researchers stage crimes and question the unsuspecting witnesses about what they saw.

True

Mandatory minimum sentences shift discretion from judges to prosecutors.

True

Police are rarely charged with, or convicted of, criminal misconduct.

True

Research indicates that mandatory minimum sentences actually introduce disparity in sentencing.

True

Show-ups are less reliable than lineups.

True

Supporters of fixed sentencing believe the punishment should fit the crime.

True

The defense of vicarious official immunity means that police departments and local governments can claim the official immunity of their employees.

True

The effects of the exclusionary rule are based on assumptions, not empirical evidence.

True

The right to remain silent is an ancient right.

True

Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their employees' torts, if the employees committed the torts during the course of their employment.

True

Voluntary false confessions are a proven fact.

True

Courts that have allowed the state-created-danger exception apply it in one of two ways. The first way requires a special relationship between the government and the victim, plus:

a danger created by the state.

What is the name of the group of eligible citizens from which the potential jurors are drawn?

a jury panel

In Berkemer v. McCarty, involving Miranda warnings and whether they must be given to stopped motorists, the Court found that:

a misdemeanor exception to Miranda would pose too many administrative problems for courts and police.

What is the instruction that tells jurors they can infer that the witness's testimony would have been unfavorable to the prosecution?

a missing witness instruction

The most common mechanism for holding police officers accountable for their misconduct is:

administrative review and discipline.

Failure to recall a detail about a crime or to recognize the perpetrator is considered:

an error of omission.

The exclusionary rule applies to all of the following, except:

cross-examination of the defendant.

Even when given Miranda warnings, most people waive their right to remain silent during _______________ interrogations.

custodial

According to SCOTUS, there is an exception to the no-duty-to-protect rule called the special-relationship exception. That special relationship is:

custody

Initially, the exclusionary rule only applied to which of the following?

federal law enforcement officers

What plea bargaining model assumes that legally irrelevant factors sometimes skew the fair allocation of punishment?

outside the "shadow of trial" model

Prosecutors and defense attorneys can remove potential jurors without having a reason using the:

peremptory challenge.

Faced with many "difficult-to-predict inputs," people are likely to accept the first _______________ they think they can live with.

plea

Which type of criminal justice professional usually opposes plea bargaining?

police officers

SCOTUS intended Miranda warnings to provide a bright-line rule to prevent police coercion, while still allowing what?

police pressure

The Constitution ensures that a change of venue occurs only at the defendant's request and only where great _______________ would otherwise exist.

prejudice

Researchers recommend that officials:

present members of a lineup to the witness one at a time.

The process for allowing judges to deny bail to dangerous defendants is referred to as:

preventive detention.

Jury trials promote which of the following interests?

procedural regularity

What occurs when eyewitnesses are shown persons or objects and asked whether they are involved in the crime?

recognition

The pretrial release mechanism that is based solely on the promise of the defendant to appear in court is known as _______________.

recognizance

What rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life?

reliability

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

What right-to-counsel standard holds that only lawyers whose behavior is so shocking that it turns the trial into a joke are constitutionally ineffective?

the mockery-of-justice standard

All of the following are sentencing models, except:

the police sentencing model.

The formal name for the place where a trial is held is the _______________.

venue

The basic idea behind the due process approach to confessions is that confessions have to be:

voluntary.

The Federal Tort Claims Act:

waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers.

Which of the following is not one of the five factors in the "totality of circumstances" that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification?

witness age at the time of the crime

Not all states have adopted which doctrine?

(Wrong) doctrine of respondeat superior; doctrine of official immunity

The case of Manson v. Braithwaite (1977) addressed issues related to what type of eyewitness identification?

(Wrong) lineups; photo lineups

According to SCOTUS, with regard to appeals, states:

(Wrong) must allow one appeal as a matter of right in all criminal cases; must allow one appeal as a matter of right in all criminal cases to which the right to a jury trial attaches.

According to SCOTUS, a jury's verdict in a criminal case must be unanimous when there are only how many jurors?

6 jurors

Concerning the functioning of 12-member juries, social scientists have found that:

12-member juries are correct more often than smaller juries.

According to DNA exonerations, what percentage of wrong convictions come from innocent people confessing to crimes they didn't commit?

25 percent

The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was:

Mapp v. Ohio.

_______________ remedies are used to discipline public officials to remedy misconduct.

Administrative

Which of the following represents a reform aimed at reducing the false confession problem?

All of these are reforms aimed at reducing the false confession problem.

Which of the following is a social cost of the exclusionary rule?

All of these are social costs of the exclusionary rule.

A conviction becomes final when it's affirmed on appeal to the highest court of the land or when the highest court declines to review it.

True

Victims of unconstitutional conduct by police officers can bring civil actions to collect damages for injuries suffered. Who can the victims sue for damages?

Any or all of these can be sued.

In what case did SCOTUS affirm judges' power to increase maximum sentences based on prior convictions without juries finding out that there were prior convictions, or without defendants having confessed to the prior crimes?

Apprendi v. New Jersey

Which case addressed the issue of whether pretrial conditions before convictions constitute punishment?

Bell v. Wolfish

Which of the following cases concerned whether a confession was voluntary or not?

Colorado v. Connelly

In what case did SCOTUS decide that defendants have no constitutional right of access to forensic evidence?

District Attorney's Office for the Third Judicial District v. Osborne

Specifically saying that you give up your rights is called a(n) _______________ waiver.

Express

In what case did SCOTUS hold that failure to comply with the knock-and-announce rule never violates the exclusionary rule, if officers have a valid warrant to search a home?

Hudson v. Michigan

_______________ false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end their interrogations, and they come to believe that they actually committed the crimes.

Internalized

In what case did SCOTUS create the public safety exception?

New York v. Quarles

A prophylactic rule is a procedure to prevent violations of constitutional rights.

True

A trial judge may not deal with a continually disruptive defendant by having the defendant bound and gagged.

True

What SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show-up before indictment?

Stovall v. Denno

In U.S. v. Wade (1967), law enforcement was found to have violated the defendant's Sixth Amendment rights in what respect?

The defendant was placed in a lineup after being indicted without counsel present.

SCOTUS has put which of the following limitations on § 1983 actions?

They can only be brought for deliberate acts.

SCOTUS created the exclusionary rule in what landmark 1914 decision?

Weeks v. U.S.

What was the first case to hold that unreasonable searches and seizures by state police violate defendants' due process rights?

Wolf v. Colorado

In Beltran v. City of El Paso (2004), the Court ruled that:

a 911 operator had no affirmative duty to protect a mother and daughter from their husband and father, who murdered them.

What kind of immunity do judges have from civil lawsuits for actions they take while performing their official judicial duties?

absolute immunity

According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:

are morally serious and can lead to jail time.

If defendants are indicted or bound over, what is the next step in the criminal process?

arraignment

The stage of the criminal process at which the defendant is brought to court to formally hear the charges and plead to the charges is called the _______________.

arraignment

The Fourteenth Amendment due process clause is applicable at which stage(s) of the criminal process?

at all stages of the criminal process

The text refers to which of the following as police actions and procedures that violate any of the five constitutional rights?

bad methods

What term refers to the strongly documented finding that people don't "attempt to ruthlessly maximize utility"?

bounded rationality

How do victims of government violations of individuals' constitutional rights sue for damages?

by becoming plaintiffs in a civil action

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments:

cause the witness to have greater confidence in the accuracy of the identification.

A judge can order prevention detention after deciding that the defendant either won't appear or is a threat to public safety. What level of proof is required in this situation?

clear and convincing evidence

SCOTUS has held that guilty pleas are:

constitutional, as long as they are made voluntarily and knowingly.

What is the term used to describe lawyers willing to represent their clients at no charge?

counsel pro bono

What is it called when judges go above or below the range in sentencing guidelines?

departure

The case County of Riverside v. McLaughlin dealt with which of the following?

detention prior to proof of probable cause

The rationale used to justify the exclusionary rule, which is based on the notion that excluding evidence obtained in violation of the constitution prevents illegal law enforcement, is the _______________ rationale.

deterrence

According to the dual sovereignty doctrine:

different jurisdictions can prosecute and punish a defendant for the same conduct.

In what cases do prosecutors agree to drop the charges before formal judicial proceedings begin, on the condition that suspects participate in and complete a program?

diversion cases

Even arising out of the same facts, a crime in one state is not the same crime in another state for the purposes of double jeopardy, according to the _______________ _______________ doctrine.

dual sovereignty

The notion that forced confessions violate _______________ _______________, even if they are true, is the accusatorial-system rationale.

due process

Weeks v. U.S. gave birth to the _______________ _______________ in 1914.

exclusionary rule

Two procedures test the government's case against defendants prior to trial:

the grand jury review and the preliminary hearing.

Research has consistently found that lineup fillers who don't fit the witness's previous description of the culprit:

increase the chances significantly that the witness will identify the wrong person.

The writ of certiorari:

is a discretionary writ, which allows SCOTUS to either agree or not agree to hear and decide a case.

A state prisoner who seeks review of his or her case under a writ of habeas corpus in federal court can obtain review only if the claim:

is based on an alleged violation of a federal constitutional or statutory right.

Which of the following is not considered a mitigating circumstance in a death penalty case?

killing to avoid arrest

Legislatures prescribe specific penalties that judges and administrative agencies cannot alter in the _______________ _______________ model.

legislative sentencing

A type of fixed sentence prescribing a non-discretionary amount of prison time that all offenders convicted of the offense must serve is a _______________ _______________ sentence.

mandatory minimum

The Boggs Act (1951) signaled a shift to what type of sentences?

mandatory minimum sentences

Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:​

of the fundamental attribution error.

What rule says that once a matter is decided it can't be reopened?

res judicata

Eyewitness _______________ self-reports are the basis of identification testimony.

retrospective

Internal review of police misconduct involves:

review by special officers in the department.

What type of lineup reduces the power of suggestion and reduces the possibility that the witness will pick the person who most resembles the perpetrator?

sequential

A procedure used for the identification of suspects whereby the suspect alone is presented to a witness for possible identification is known as a(n) _______________.

show-up

Which legal doctrine prohibits people from suing the government without its consent?

sovereign immunity

When the defense agrees not to contest evidence introduced by the prosecutor, it is called a:

stipulation.

Which amendment to the Constitution provides defendants with the right to a speedy trial?

the Sixth Amendment

Which view of habeas corpus holds that the more review a conviction receives the more accurate it will be?

the broad view

What is the part of a trial in which the government presents its evidence to prove the defendant's guilt?

the case-in-chief

If a defendant's constitutional right to a speedy trial is violated:

the charges against the defendant are dismissed.

What exception allows the use of illegally obtained evidence in nontrial proceedings?

the collateral use exception

Hearsay violates the confrontation clause because:

the defendant can't cross-examine the witnesses against them.

What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS's commitment to the balancing test?

the good-faith exception

What doctrine says defendants have to raise their objections at trial, and they give up their right to appeal if they do not?

the raise-or-waive doctrine

In Melendez-Diaz v. Massachusetts (2009), SCOTUS decided that the Sixth Amendment guarantees defendants what right?

the right to cross-examine forensic lab technicians

Sentences determined under sentencing guidelines are based primarily on a combination of:

the seriousness of the crime and the offender's criminal history.

Under the accusatorial system rationale, a forced confession violates due process, even if the confession is true, because:

the state has the burden of proving guilt under our system.

In District Attorney's Office for the Third Judicial District v. Osborne (2009), SCOTUS involved prisoner Osborne's post-conviction request to compel officials to release biological evidence so it could be submitted to DNA testing. What was the finding of the Court?

there is no right under the U.S. Constitution of access to forensic evidence.