Criminal Law Final
Under which of the following circumstances, are the courts likely to find that the person was "in custody"? a. a person who is contacted by several police officers in the middle of the night in their own home b. a person who is injured and taken to the hospital and is contacted by the police to give a statement at the police c. a person who voluntarily appears at the police station and offers to give a statement d. a person who is in jail, talking with their cellmate, when the cellmate is not an agent of the police
a. a person who is contacted by several police officers in the middle of the night in their own home
The case of Katz v. United States defined _______ as a governmental intrusion upon a person's reasonable expectation of privacy. a. a search b. a seizure c. an application d. a stop
a. a search
A statement is ________ and governed by the right to confrontation when the principle purpose or motive of making the statement is to preserve it for use in future legal proceedings. a. declarative b. non-testimonial c. testimonial d. an excite utterance
a. declarative
In Furman v. Georgia (1972), the US Supreme Court ________ a. declared Georgia's death penalty law unconstitutional b. upheld georgia's death penalty law which has earlier been found unconstitutional c. required a bifurcated trial be held when the state seeks the death penalty d. held that the death qualified jurors were unconstitutional for death cases
a. declared Georgia's death penalty law unconstitutional
The decision to waive a jury trial and proceed with a bench trial is made by __________ a. defendant b. prosecution c. judge d. either defendant or prosection
a. defendant
Jane sees John coming in from outside with wet hair, shoes, and coat. She concludes that it is raining outside and is basing her decision on _______ a. direct evidence b. photographic evidence c. circumstantial evidence d. scientific evidence
a. direct evidence
Which is NOT a process by which a prosecutor can get a felony case into the court of proper jurisdiction ("felonyland")? a. grand jury b. preliminary hearing c. motion to present d. waiver of presentment
a. grand jury
The _______ rules of evidence govern whether statements made out of court can be repeated in court a. hearsay b. privilege c. relevance d. impeachment
a. hearsay
Which of the following is INCORRECT regarding hearsay? a. hearsay evidence is never allowed in evidence during a criminal trial b. general rule is hearsay evidence is not admissible, but there are many expections c. evidence of out-of-court statements may be introduced to impeach a witness' in-court testimony and will not be "heasrsay" because it is not being offered for the truth but rather to discredit the witness d. the defendant's confession to the police, although technically meeting the definition of hearsay is considered a hearsay exclusion and is admissible
a. hearsay evidence is never allowed in evidence during a criminal trial
The "Rule of Four" means that _______ a. in order for the US Supreme Court to grant a petition for certiorari, four justices must agree to hear the case b. in order for there to be a dissenting opinion, four justices must be in the minority c. in order for there to be a majority opinion, four justices must agree to the outcome of the case d. unless four judges agree on the result of the case, the decision does not set a precedent that other courts have to follow
a. in order for the US Supreme Court to grant a petition for certiorari, four justices must agree to hear the case
Judges are free to impose specific sentences within a range of minimum and maximum penalties by law under a scheme of ________ sentencing a. indefinite b. mandatory c. determinate d. indeterminate
a. indefinite
A motion for directed verdict of acquittal _______ a. is a defense motion stating that the prosecutor has not presented sufficient evidence to prove its case b. prosecutor's motion to retry its case c. results in guilty verdict by the jury d. is made by the defense after the jury returns its verdict
a. is a defense motion stating that the prosecutor has not presented sufficient evidence to prove its case
In order to arrest an individual the police need ________ a. probable cause b. reasonable suspicion that the person committed a crime c. neither reasonable suspicion nor probable cause, they may simply do so under search and seizure law d. reasonable suspicion that the person is armed and dangerous
a. probable cause
In order to "frisk" an individual, the police need a ___________ a. reasonable suspicion to believe that the person has just committed a crime or is about to commit a crime b. reasonable suspicion to stop the person, plus they must be able to articulate a reasonable belief why they felt the person was armed and dangerous c. probable cause to believe that the person committed a crime d. neither reasonable suspicion nor probable cause, they can always frisk an individual in the same manner an ordinary citizen
a. reasonable suspicion to believe that the person has just committed a crime or is about to commit a crime
Which of the following is NOT a mental process utilized by eyewitnesses in making identifications of suspects after the crime? a. reliance on prior statements made at the time of the crime b. retrieval of information from memory from the identification procedure c. retaining information from the time of the crime until an identification procedure d. intake of information at the time of the crime
a. reliance on prior statements made at the time of the crime
The 8th Amendment provides a. right to non-excessive bail b. right to be free from pre-trial detention c. right to diversion d. absolute right to bail
a. right to non-excessive bail
When the judge instructs the jury to accept as proven in evidence some fact that is either well known to the community, or easily verifiable, the judge is said to _____ a. take judicial notice of fact b. allow a stipulation as to the fact c. require jury to presume the fact d. require jury to infer the fact
a. take judicial notice of fact
A writ of certiorari is ________ a. the mechanism for a discretionary direct appeal b. the mechanism for a mandatory direct appeal c. a collateral attack on a conviction filed after the sentence has been imposed d. a collateral attack on a conviction based on statutes that does not require the offender be incarcerated
a. the mechanism for a discretionary direct appeal
At a sentencing hearing, the newly convicted defendant has an opportunity to exercise _________ a. the right of allocation b. the right to remain silent c. the right of attribution d. the right to contribution
a. the right to allocation
Which of the following is NOT required for a search incident to a lawful arrest? a. the search must be done immediately before or after the arrest b. the search must be constitutionally permissible; that upon probable cause to arrest the person c. the search must be based on probable cause to believe the person arrested is carrying contraband d. the search must be limited to the area within the arrestee's control
a. the search must be done immediately before or after the arrest
A criminal defendant has the constitutional right to a jury trial when ______ a. they are subject to a sentence of imprisonment for more than six months b. they are subject to a sentence of any imprisonment c. the crime is classified a felony d. the crime is deemed to be a high crime or misdemeanor
a. they are subject to a sentence of imprisonment for more than six months
The process of asking potential jurors questions to see if they are appropriate to sit on a trial is known as _________ a. voir dire b. venire c. sequestration d. nullification
a. voir dire
In the case of Crawford v. Washington, Sylvia Crawford's statement to the police could not be introduced at trial because they ________ a. were subject to martial privilege and the defendant could not cross-examine her b. were hearsay which is never admissible c. were not subject to cross examination because the defendant has no constitutional right to confrontation when the witness is a spouse d. were hypnotically refreshed recollections and that method is not "generally accepted in the scientific community"
a. were subject to martial privilege and the defendant could not cross-examine her
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 limits _______ without a court order. a. wiretaps b. entrapment c. the use of force d. aerial photography
a. wiretaps
Under County of Riverside v. McLaughlin, a person may generally be detained for up to _________ before a magistrate must review whether ther is probable cause to detain them in jail a. 24 hrs b. 48 hrs c. 72 hrs d. 96 hrs
b. 48 hrs
The difference between a guilty plea and a no contest plea is ________ a. the sentenc-defendant will get more lenient with no contest b. ability to use of the guilty plea in subsequent civil action c. its effect on the defendants criminal record d. non-existent
b. ability to use of the guilty plea in subsequent civil action
Which of the following has been identified as one of the purposes for the due process voluntariness requirements? a. voluntary confessions are more likely to be trustworthy than involuntary confessions b. all of the above are reasons for requiring voluntary confessions c. involuntary confessions are fundamentally unfair and compromise the integrity of the courtroom d. involuntary confessions obtained by drugs or psychological pressure violate due process because they are not the product of free will and rational choice e. involuntary confessions that arise out of coercive police conduct offend our fundamental values
b. all of the above are reasons for requiring voluntary confessions
A trial in which there are seperate phases for determining guilty and pronouncing the sentence is known as _________ a. blended trial b. bifurcated trial c. consecutive trial d. concurrent trial
b. bifurcated trial
Attorneys are permitted to argue what the evidence means and comment on the evidence during ___________ a. opening statements b. closing statements c. cross examination d. case in rebuttal
b. closing statements
Evidence which is not part of the crime, but which is helpful to the jury, such as maps, x-rays, and photographs is called _______ a. real evidence b. demonstrative evidence c. testimony d. direct evidence
b. demonstrative evidence
The Bail Reform Act specifically allowed judges to _________ a. set bail for murderers even though murder was traditionally thought of as a "nonbailable offense" b. detain individuals pretrial who, even though they are likely to appear for trial, may present a threat of harm to the community c. release a suspect without a money deposit when the suspect had ties to the community d. refuse to set bail for certain offenses, since the 8th amendment only requires non-excessive bail
b. detain individuals pretrial who, even though they are likely to appear for trial, may present a threat of harm to the community
Evidence that might easily be lost or destroyed is referred to as _______ a. elusive b. evanescent c. exigency-based d. exclusion
b. evanescent
When the US Supreme Court decides to hear a case on appeal it __________ a. issues a writ of habeas corpus b. grants a writ of certiorari c. mandates a full opinion d. issues a summons
b. grants writ of certiorari
The Supreme Court has defined "interrogation" as direct questioning or _________ a. deception by the police b. its functional equivalent c. any verbal statement by police d. any other interaction between police and suspect
b. its functional equivalent
The power of the jury to disregard the law the are instructed to follow in a given case and acquit (even when facts clearly point to conviction) is called _________ a. allen verdict b. jury nullification c. jury modification d. directed verdict of acquittal
b. jury nullification
Which of the following represents the correct orer of stages of the trial? a. jury instruction, jury voir dire, opening statements, closing arguments b. jury voire dire, opening statments, prosecution case in chief, deliberations c. opening statments, motion for directed verdict, prosecution case in chief, jury instructions d. voir dire, opening statements, jury instructions, closing statements
b. jury voire dire, opening statments, prosecution case in chief, deliberations
The police have a warrant to arrest Tom Jones. They discover that he is on the home of Jim Smith. To lawfully enter Smith's house to arrest Jones the police __________ a. must obtain a warrant for Smith's arrest b. must obtain a search warrant for Smith's home c. must obtain consent from Jones to enter Smith's house d. have proper authority with just the warrant for Jones' arrest
b. must obtain a search warrant for Smith's house
A prosecution can appeal a trial court's decision exonerating a defendant ________ a. never b. only within 60 days of the court decision c. only on constitutional issues arising pre-trial d. only have a jury has been empaneled
b. only within 60 days of the court decision
Which of the following is INACCURATE statement about probation? a. probation involves supervised control of the defendant in a community setting b. probation generally occurs after the defendant has been incarcerated in prison c. probation's primary purpose is to rehabilitate the defender d. split probation involves a sentence of incarceration as a condition of probation
b. probation generally occurs after the defendant has been incarcerated in prison
Evidence is ______ when it has some logical connection to a material issue in a case a. impeachable b. relevant c. hearsay d. privileged
b. relevant
According to the US Supreme Court, a trial judge may control the conduct of a disruptive defendant by ______ a. binding and gagging the defendant b. removing the defendant from the courtroom until the defendant is willing to behave properly c. citing the defendant for contempt of court d. all of the above
b. removing the defendant from the courtroom until the defendant is willing to behave properly
The ___ involves the defendant's ability to subpoena witnesses to testify on his or her behalf a. right to confrontation b. right to compulsory process c. right to voir dire d. right to a fair trail
b. right to compulsory process
The process of _________ witnesses is intended to keep prospective witnesses form being influenced by the testimony of other witnesses a. impeaching b. sequestering c. immunizing d. voir diring
b. sequestering
The result of the Court's opinion in Dickerson v United States was ___________ a. the holding of Miranda v. Arizona was overturned b. the Miranda decision was not susceptible to being overturned by legislative action; instead it would require a constitutional amendment to overturn its requirements c. that the Miranda decision was declared a mere prophylactic rule, violations of which can be overcome by a showing of voluntariness d. that the court now requires all confessions to be videotaped
b. the Miranda decision was not susceptible to being overturned by legislative action; instead it would require a constitutional amendment to overturn its requirements
Which of the following is NOT one of the factors set forth in Neil v. Biggers for determining whether an identification is reliable even though the pretrial confrontation procedure was suggestive? a. the time that has elapsed between the crime and the confrontation b. the age and intelligence of the witness c. the witness' degree of attention d. the opportunity of the witness to vies the suspect at the time of the crime
b. the age and intelligence of the witness
In determining whether a defendant's confession was voluntary, courts typically will NOT consider __________ a. the length of time between arrest and the defendant's appearance in court b. the defendant's prior criminal history c. the defendant's physical and psychological state d. the attitudes of the police toward the defendant
b. the defendant's prior criminal history
Which of the following statements INACCURATELY describes the holding or result of the case of Apprendi v. New Jersey? a. the jury must find beyond a reasonable doubt that sentencing factors exist beofre the judge can enhance the defendant's punishment based on those factors b. the jury must find beyond a reasonable doubt that sentencing factors exist before the judge can decrease the defendant's punishment based on those factors c. state sentencing guideline schemes were overturned because of the holding in Aprendi v. NJ d. te federal sentencing guidelines scheme, although not overturned, was found to be advisory only and not mandatory. This means that judges should consider the guideline sentence as presumptively reasonable, but the judge does not have to follow the guideline
b. the jury must find beyond a reasonable doubt that sentencing factors exist before the judge can decrease the defendant's punishment based on those factors
Which of the following is NOT one of the errors that may lead to false confessions according to Richard Leo? a. contamination of evidence by police disclosure of the facts of the case to an innocent suspect followed by those facts being attributed to the suspect b. the use of physical coercion by police against suspects c. the use of psychologically coercive police methods d. investigators misclassifying innocent persons as guilty
b. the physical coercion by police against suspects
Which of the following is an INCORRECT statement about police authority? a. if police make a valid arrest of a person in an automobile, the police are automatically entitled to search the trunk b. the police may search the curtilage of a person's home under the open fields law c. the USA Patriot Act is specifically directed at investigation of criminal offenses and provides the government a broad power to conduct electronic surveillance of state and local criminal behavior d. A and B are both incorrect e. A, B, and C are all incorrect
b. the police may search the curtilage of a person's home under the open fields law
When the jury cannot reach a verdict ________ a. the defendant goes free b. there is a mistrial and the defendant may be retried c. the defendant is acquitted because the prosecutor did not prove the case d. the judge instructs the jury to reach a verdict or else they will be held in contempt of court
b. there is a mistrial and the defendant will be retried
The real problem with involuntary statements is _________ a. unmirandized and thus violate a suspects 5th and 6th amendment rights b. they are coerced and therefore aren't necessarily believable or reliable c. they make the police look bad in front of the jury d. they have resulted in too many deaths of suspects in custody
b. they are coerced and therefore aren't necessarily believable or reliable
The purpose of the grand jury and preliminary hearing is _______ a. to see if the state can prove beyond a reasonable doubt that the defendant committed the crime b. to determine whether the state has enough evidence to go forward with a felony prosecution against the suspect c. to allow that judge to get an idea of what the witnesses will say at trial d. to allow the defendant to get an idea of what evidence the state will bring against them at trial
b. to determine whether the state has enough evidence to go forward with a felony prosecution against the suspect
One of the ways to eliminate the possibility that the police officer conducting the identification will unintentionally influence the eyewitness is ____________ a. to present all the line-up fillers and the suspect at the same time b. to use blind administration of the line-up procedure c. to tell the eyewitness in advance of the line-up that the believed perpetrator is in the line-up d. to conduct show-ups instead of line-up
b. to use blind administration of the line-up procedure
Can a person give a voluntary confession after receiving Miranda warnings? a. no, there is no such thing as a voluntary confession after Miranda b. yes c. yes, but it is inadmissible d. yes, but only in the presence of an attorney
b. yes
The law of interrogation is covered by _______ a. 14th Amendment to the US Constitution b. 5th, 6th, and 14th Amendments to the US Constitution c. 5th and 6th Amendments to the US Constitution d. 5th Amendment to the US Constitution
c. 5th and 6th Amendments to the US Constitution
The US Supreme Court has upheld sizes of no fewer than ____ people a. 4 b. 5 c. 6 d. 9
c. 6
The test of scientific evidenc is shown as the "general acceptance test" because it required that the method/science must have gained scientific acceptance in the particular field in which it belongs is the _________ test a. Daubert b. FRE c. Frye d. Kumhoe Tire
c. Frye
Which of the following is an INCORRECT statement concerning giving Miranda warnings? a. Miranda warnings need not be given a person until they are under arrest or deprived of their freedom in a significant way b. Miranda warnings should be given in a manner that impresses the suspect the seriousness of the situation and to the extent possible in a language that the suspect understands c. Miranda warnings must be given as soon as police arrest suspects, even if they do not plan on questioning them d. police or correctional guards need not "Mirandize" a suspect before booking him o her into jail, and any statements made during the booking process are admissible (not a violation) e. questions asked by police prompted by their concern for public safety may be admitted even if the Miranda warnings were not given under the "public safety exception"
c. Miranda warnings must be given as soon as police arrest suspects, even if they do not plan on questioning them
Which of the following is INCORRECT about police searches of automobiles? a. automobiles may be searched if they were mobile immediately before the stop and if police have probable cause to believe there is seizable evidence within the automobile b. automobiles may be searches as incident to arrest of the driver or passenger in areas within their control c. all automobile searches require probable cause d. automobiles may be searched as part of an inventory search as long as there is a well-delineated policy and which leaves nothing to the discretion of the police officer
c. all automobile searches require probable cause
Which of the following is NOT required in order for police to obtain a search warrant? a. an affidavit form the police explaining the probable cause they have for searching b. a statement setting forth with specificity, the places they want to search and things they want to seize c. an affidavit from any informants stating whether or not they were paid for their information d. a neutral and detached magistrate to decide whether or not probable cause was shown
c. an affidavit from any informants stating whether or not they were paid for their information
A governor of a state in which defendant has been found guilty and imprisoned may shorten the sentence by granting __________ a. judicial review b. an appeal c. clemency d. amnesty
c. clemency
Which of the following sanctions is NOT a monetary sanction? a. restitution b. compensatory fine c. criminal forfeiture d. civil forfeiture e. fine
c. criminal forfeiture
Errors during trial that do NOT affect the outcome of the case are called ________ a. reversible b. prejudicial c. harmless d. expungible
c. harmless
Which of the following correctly lists the continuum of objective basis (information the police have) beginning with the least amount and ending with the most amount. a. reasonable suspicion, hunch, probable cause, beyond a reasonable doubt b. reasonable suspicion, hunch, beyond a reasonable doubt, probable cause c. hunch, reasonable suspicion, probable cause, beyond a reasonable doubt d. hunch, probable cause, reasonable suspicion, beyond a reasonable doubt
c. hunch, reasonable suspicion, probable cause, beyond a reasonable doubt
A police officer approaches a suspect in a public place and asks if he or she is willing to answer some questions. This action by the officer __________ a. is the equivalent of an arrest b. must be justified by a warrant c. is the equivalent to a stop d. is not a seizure
c. is the equivalent to a stop
The test of whether a line up violates a person's constitutional rights is whether ________ a. it was conducted at the police station b. the defendant's attorney was present c. it was so unduly suggestive as to give rise to substantial likelihood of identification d. police officers stood in with the accused at the line up
c. it was so unduly suggestive as to give rise to substantial likelihood of identification
Challenges for cause are ______ a. limited in number b. based upon physical conditions of the potential juror c. made due to implicit bias or explicit bias d. permissible challenges to the juror for any reason except race or gender
c. made due to implicit bias or explicit bias
The remedy of excluding illegally seized evidence from use in federal prosecutions was originally set forth in ________ a. weeks v. US b. wolff v. CO c. mapp v. OH d. Miranda v. AZ e. the fourth amendment to the us constitution
c. mapp v. OH
Which of the following scenarios involves an illegal arrest? a. police arrest a suspect without a warrant when the suspect commits a crime in the police officer's presence b. police use a police dog to subdue a suspect to keep him away from getting away c. police shoot an unarmed felon in order to keep him from getting away d. police use a taser on a suspect in order to subdue him and get cuffs on him
c. police shoot an unarmed felon in order to keep him from getting away
Which of the following is NOT considered a "critical stage" of the criminal justice process and therefore the defendant is not entitled to a court-appointed attorney? a. arraignments b. pre-indictment line-ups c. post-indictment line ups d. bail hearings
c. post-indictment line ups
Polly Prosecutor introduces into evidence the gun used to kill Vern Victim at Danny Defendant's trial. The gun is considered ____________ a. testimonial evidence b. scientific evidence c. real evidence d. demonstrative evidence
c. real evidence
Which of the following gran jury reform was proposed in Oregon in 2015? a. requiring defendant be allowed to question all potential grand jurors to ensure they have to bias against them b. requiring the defendant's attorney to be allowed to cross examine all grand jury witnesses c. requiring grand jury proceedings excluding deliberation be recorded d. requiring gran jury proceedings be open to public
c. requiring grand jury proceedings excluding deliberation be recorded
The judge will sometimes order the offender to pay the victim for losses resulting from the crime. This is called ____ a. filing fees b. mandatory compensation c. restitution d. recidivism
c. restitution
The identification procedure that occurs at or near the scene is called a ________ a. lineup b. photo array c. show up d. Franks hearing
c. show up
Jury instructions are __________ a. statements to potential jurors of how to appear for jury suty, what to wear, where to park b. statements by judge to jury after evidence has been developed c. statements by judge to jury about what the law is that they must follow d. statements by jurors to judge, prosecution and defense and questions during deliberation
c. statements by judge to jury about what the law is that they must follow
Which of the following warrantless searches requires the police to have probable cause that they will find evidence of the crime where they are looking? a. the inventory search b. the administrative search c. the exigent circumstances search d. the consent search
c. the exigent circumstances search
Which of the following is an INCORRECT statement about consent and consent searches? a. consent must be voluntarily given and not coerced b. an individual can withdraw consent as long as he or she does so clearly and unequivocally c. to be valid under the fourth amendment, third party consent may only be given by an individual who has actual authority d. authority to give consent arises from shared access, use, and control and is not based on ownership or relationship
c. to be valid under the fourth amendment, third party consent may only be given by an individual who has actual authority
According to the US Supreme Court's death penalty holdings, which of the following would NOT be eligible for the death penalty? a. a mentally ill offender b. an offender who committed a capital offense who he or she was under 18 years of age c. an offender who committed a federal offense d. A and B only
d. A and B only
Which of the following is NOT governed by within the scope of the Fourth Amendment? a. a search of luggage by a private airport security b. an over-flight of an open field by a police officer in a plane c. police officers see something in plain view when they were where they have a legal right to be d. A and C only e. A, B, and C
d. A and C only
The right to a fair trial includes all but which of the following? a. a trial that is open to the public b. a trial in which there is no overly prejudicial pre-trial publicity c. a trial in which the defendant cannot be made to wear prison attire d. a media-televised trial
d. a media-televised trial
Which of the following types of roadblocks violates the Fourth Amendment? a. a roadblock set up to gather information about a particular crime b. a roadblock set up at an international boarder c. a roadblock set up to test the sobriety of drivers d. a roadblock set up as a general crime-fighting tool
d. a roadblock set up as a general crime-fighting tool
A search warrant is issued on the basis of _________ signed and prepared by a police officer a. a statement of reasonable suspicion b. a writ c. a complaint d. a sworn affidavit
d. a sworn affidavit
In order to be admissible, a confession must be ______ a. made freely b. made voluntarily c. made without compulsion or inducement d. all of the above
d. all of the above
The purpose of arrignment is ________ a. to inform the defendant of the specific charge against him or her b. to permit the defendant to answer the charge by entering a plea c. to make sure the arrestee is the person named on the complaint d. all of the above
d. all of the above
Which of the following functions must be preformed at a defendant's first appearance before a judge or magistrate? a. charges against defendant must be read b. accused must be informed of relevant constitutional rights, including the right to remain silent and the right to counsel c. a determination must be made as to whether the accused will be released or detained pending trial d. all of the above e. none of the above
d. all of the above
Assuming that the defendant is in custody, which of the following scenarios would most likely NOT be considered an "interrogation" requiring Miranda warnings? a. an officer says to a suspect, "I want you to tell me fi you committed the crime" b. an officer presents to the suspect a set of written questions that inquire whether the suspect committed the crime and asks for the details c. an officer says to a suspect, "did you commit the crime?" d. all of the above would likely constitute an interrogation
d. all of the above would likely constitute an interrogation
Searches and seizures by private citizens acting solely on their own _______ a. require at least probable cause b. require at least reasonable suspicion c. are covered by the Fifth Amendment d. are NOT covered by the Fourth Amendment
d. are NOT covered by the Fourth Amendment
________ is the process in which violent sexual predators can continue to be detained/incarcerated after their criminal sentence expires. a. criminal forfeiture b. criminal commitment c. probation d. civil commitment
d. civil commitment
The right to counsel is NOT constitutionally guarenteed in which of the following types of proceedings? a. sentencing b. arraignments c. trial d. discretionary appeals
d. discretionary appeals
Which of the following is NOT one of the steps needed to get eyewitnesses identifications admitted under the recent landmark case of Oregon v. Lawson? a. the court may exclude eyewitness identification after weighing the prejudicial impact of identification testimony against the utility of the evidence b. state prosecutors must establish by a preponderance of the evidence that the identification was based on a permissible basis rather than on suggestive police procedures c. the court must make a finding that the identification evidence must help the jury understand the witnesses' testimony d. expert witness testimony is not allowed to explain to jurors common misperceptions surrounding mistaken identification e. state persecutors must prove by a preponderance of the evidence that the witness perceived sufficient facts and that their identifications were based on those perceptions
d. expert witness testimony is not allowed to explain to jurors common misperceptions surrounding mistaken identification
Under the Fourth Amendment, which of the following is NOT an automatically authorized police action following a valid traffic stop? a. requesting a driver's license and other documents required by state law b. ordering the driver to exit the vehicle c. ordering passengers to exit the vehicle d. frisking the driver and passengers
d. frisking the driver and passengers
Which of the following is a common argument for habeas corpus or post-conviction relief? a. error in admitting certain evidence into trial b. error in the judge's instruction to the jury c. error in denying a motion for change of venue d. ineffective assistance of counsel
d. ineffective assistance of counsel
Which of the following statements about school searches is INCORRECT? A. searches of students at public schools are governed by the same principles as other searches and thus, to be valid, must be based upon probable cause B. searches of students at public schools require only reasonable suspicion rather than probable cause because of the needs for schools to promote student safety C. courts will uphold searches of students in public schools where the search is reasonably related to the objective of the search and not excessively intrusive D. searches of students at public schools are seen as special needs searches, and schools are considered, in some respect, to be acting in loco parentis E. students at schools still maintain a reasonable expectation of privacy and they don't lose their constitutional rights simply because they go to school
B. searches of students at public schools require only reasonable suspicion rather than probable cause because of the needs for schools to promote student safety
________ is information that must be turned over to the defendant by the prosecution before trial a. "brady material" b. "discovery" c. "exculpatory evidence" d. "inculpatory evidence" e. a, b, and c, but not d
e. a, b, and c, but not d
In order to search a car without a warrant under the automobile exception __________ a. the police may search anywhere in arms reach of the driver or any passenger b. the police may only search where they have probable cause to believe evidence of a crime is located c. the car must have been mobile immediately prior to the police contact or is capable of being moved d. both A and C e. both B and C
e. both B and C
Which of the following is a CORRECT statement about juries (trial juries not grand juries)? a. according to the US Supreme Court in Apodaca v. Oregon, the 6th amendment requires that state jury verdicts in criminal cases must be unanimous b. the US Supreme Court has held that a juror may not be excused by way of a peremptory challenged based solely on his or her gender or race c. during jury deliberation, jurors are supposed to only consider evidence that was raised during the trial and to not base their decisions on outside evidence; to ensure that this happens, juries are frequently questioned by the trial judge about what took place in the jury room d. juries have the primary responsibility of imposing sentences in most criminal cases that go to trial
d. juries have the primary responsibility of imposing sentences in most criminal cases that go to trial
Which of the following is an INCORRECT statement concerning law and expert witness testimony? a. one primary difference between a lay witness and an expert witness is that the lay witness must have personal knowledge about the matter in which they are testifying b. experts testify on opinion rather than personal knowledge c. prosecutor and defense may pose hypothetical questions to expert witnesses, upon which experts can testify d. lay witnesses may never give an opinion
d. lay witnesses may never give an opinion
Which of the following statements is NOT supported by current research on false confessions? a. mentally unstable or youthful offenders are more likely to provide false confessions than other suspects b. police officers will disclose facts of a case (only the perpetrator would know) to innocent suspects and those statements are then viewed as being disclosed by the suspect c. police officers erroneously believe they are better than chance in detecting liars and truth tellers d. no person will confess to a crime that he or she did not commit because their attorneys will prevent them from it
d. no person will confess to a crime that he or she did not commit because their attorneys will prevent them from it
A death qualified jury is comprised of __________ a. people who would be willing to carry out the execution b. only persons who could never impose the death penalty under any circumstances c. people who could impose the death penalty and those who could never impose the death penalty d. only those who could impose the death penalty under appropriate circumstances
d. only those who could impose the death penalty under appropriate circumstances
A sentence is _____ when a corrections panel rather than a judge decides how long the convict must remain incarceraed a. determinate b. indeterminate c. good behavior d. parole violation
d. parole violation
The difference between post conviction relief and writs of habeas corpus is _________ a. PCR is direct challenge to conviction b. PCR is an extra-judicial challenge to a convinction c. PCR is found in the constitution whereas WHC are provided by statute d. person filing for PCR need not be in custody, whereas the person filing for WHC is in custody
d. person filing for PCR need not be in custody, whereas the person filing for WHC is in custody
Which of the following is a violation of the Fourth Amendment according to the US Supreme Court? a. police stop a driver for a minor violation as a pretext for looking for evidence of a more serious crime b. police stop a care with several passengers and order the driver and all the passengers out of the car c. police stop a car and arrest the driver only because the driver fits a drug courier profile d. police stop a car and arrest the driver for a very minor violation (such as failure to wear a seatbelt)
d. police stop a car and arrest the driver for a very minor violation (such as failure to wear a seat belt)
The protection against self-incrimination applies to _______ a. drawing of blood for DNA or alcohol testing b. fingerprints c. writing samples or voice samples d. testimony
d. testimony
Since Illinois v. Gates (1984), when evaluating applications for search warrants based on __________ a. the informant's arrest record b. the seriousness of the crime being investigated c. the suspect's arrest record d. the totality of the circumstances e. the veracity of the informant's information
d. the totality of the circumstances
When the grand jury finds there is sufficient evidence to go forward with the charge against the defendant: a. they bind the defendant over on an information b. they return a true bill on an indictment c. they instruct the prosecutor to file an information d. they return a guilty verdict against the defendant
d. they return a guilty verdict against the defendant
Which of the following statements concerning automobile inventory searches is INCORRECT? a. when conducted according to standard police procedures, inventory searches of an automobile legally impounded by police is generally regarded as an administrative search and is not subject to ordinary Fourth Amendment requirements b. inventory searches are justified by the need to safeguard a vehicle owner's property while the vehicle is in police custody, as well as the need to protect the police against groundless claims of stolen property c. if a routine inventory search yields evidence of crime, it may be seized and admitted into evidence without violating the Fourth Amendment d. when investigating a crime, police may conduct an inventory search of any vehicle parked unlawfully
d. when investigating a crime, police may conduct an inventory search of any vehicle parked unlawfully
Which of the following is NOT a way to attack a conviction (to get it thrown out)? a. direct appeal to appellate court b. writ of habeas corpus c. post conviction relief suit d. writ of review
d. writ of review
The police have a warrant to search your house for drugs, drug paraphernalia, and notes concerning drug sales. During the search, and within the permissible scope of the search, they see a gun they know was stolen. Is the gun admissible in court? a. no, because it is not listed on the warrant b. no, because they had no probable cause to believe they would find a gun c. yes, because guns and drugs are often related d. yes, because they found the gun in plain view
d. yes, because they found the gun in plain view
