CRJU 301 Final CH's 1-11 Quizzes

A defendant has a right to counsel at arraignment. A.True B.False

A

Amber was tried in a state court in Kansas for arson for burning a neighbor's house and was acquitted. A year later, the state prosecutor again charged and prosecuted Amber with arson based on the same act of burning her neighbor's house. Was Amber's right against double jeopardy violated? A. Yes B. No

A

An attorney asking leading questions in _________ at trial are objectionable. A. Direct examinations B. Cross examinations C. Jury Instructions D. Closing Arguments

A

How is the geographical jurisdiction determined for each trial court in California? A. By county borders B. By judicial district boundaries

A

How many trial courts are in California? A. 58 trial courts B. 500 trial courts

A

If a criminal defendant decides to be a pro se defendant, what would it mean? A.That the defendant is waiving his right to counsel B.That the defendant is going to be represented by a family member who is a lawyer C.That the defendant is going to plead "guilty" D.That the defendant is going to plead "no contest"

A

If on an appeal, the intermediate court of appeal reverses the defendant's conviction and orders a retrial, the government could petition the highest court for review in an attempt to have the ruling by the intermediate court of appeal overturned. A. True B. False

A

In a state with a two-tiered trial court system, in which court would you most likely see the prosecution of a petty offense case? A. Trial court of limited jurisdiction B. Trial court of general jurisdiction C. Small claims court D. Any of the above

A

Officer Chao was informed that last week someone had broken the window of a car that was parked in downtown shopping center and stolen packages from the car. While patrolling the same area, Officer Chao sees a man holding a screwdriver walk slowly by parked cars. The man peers into the interior of each car and stops next to a car with packages inside. Would it be a lawful stop under Terry v. Ohio if Officer Chao stops the man to investigate? A.Yes, because the facts are sufficient for an articulable reasonable suspicion that the man has or is attempting to commit a crime of breaking into cars to steal packages. B.No, because the facts do not satisfy the probably cause standard that the man has or is attempting to commit a crime of breaking into cars to steal packages.

A

The US Supreme Court in Gideon v. Wainwright overturned Betts v. Brady and made Betts v. Brady inoperative. A.True B.False

A

What are the lower trial courts called in Florida? A. County Courts B. Circuit Courts

A

What did the US Supreme Court aver in Gideon v. Wainwright? A.That it is not possible for an indigent defendant to have a fair trial without a defense counsel B.That only the illiterate criminal defendants are entitled to a free defense counsel C.That the trial court judge who rejected Gideon's request for appointed counsel incorrectly applied the law of the state at the time D.That only an indigent criminal defendant tried by a jury was entitled to appointed counsel

A

What made the exclusionary rule obligatory on all the states? A.It was incorporated via the Due Process Clause of the Fourteenth Amendment B.It was adopted by the US Supreme Court in Weeks v. US C.It was adopted by the US Supreme Court in Wolf v. People v. State of Colorado D.None of the above

A

Which US President nominated Justice Ruth Bader Ginsburg as the Associate Justice of the Court? A.President Bill Clinton B. President Barack Obama C. President George W. Bush D. None of the above

A

Which amendment of the US Constitution did the US Supreme Court invoke in Gerstein v. Pugh in its holding that judicial probable cause determinations should be made promptly after an arrest of an individual? A.Fourth Amendment B.Fifth Amendment C.Sixth Amendment D.Eighth Amendment

A

Which court in Kansas has original jurisdiction over city ordinance violation cases? A. Municipal Court B. District Courts

A

Which of the following rights may be waived or forfeited by a criminal defendant? A. Right to a trial by jury B. Right to an impartial jury C. Right to a fair trial D. Any of the above

A

Which trial court in Texas has original jurisdiction over felonies? A. District Courts B. County Level Courts

A

Who has the responsibility of enforcing federal criminal law? A. Ann, a FBI agent B. Beth, an officer with the Chicago Police C. Cam, a deputy sheriff with the Los Angeles County Sheriff's Department C. Dave, a correctional officer in a state officer

A

Who is an Article III judge? A. US District Court Judge B. US Magistrate Judge C. US Bankruptcy Court Judge D. All of the above

A

Who was nominated and became the Chief Justice of the Court in 2005? A. John G. Roberts, Jr. B. Ruth Bader Ginsburg C. Stephen G. Breyer D. Sonia Sotomayor

A

Why did the US Supreme Court add the fourth Miranda warning offering free counsel to those who cannot afford their own attorneys? A. To offer equal protection of the Miranda rights B. To hinder law enforcement C.To encourage indigent criminal defendants to waive the Miranda rights D.None of the above

A

Why does it matter in considering the appropriate venue, the size and the characteristic of the community where the crime occurred and where the criminal trial will take place? A.Because of the extent of the negative publicity about the defendant on the potential jurors B. Because of the quantity of the caseload in the courts

A

A US District Court judge may preside over _______________. A. US v. Davis, a criminal trial on federal drug trafficking charge B. Pal v. Dev, a civil trial on personal injury damages of $10,000 between citizens of different states C. Arizona v. Debs, a criminal trial on state drug possession charge D. All of the above

A?

As discussed in Graham v. Georgia, why is retribution not a justifiable goal in imposing a sentence of life without possibility of parole on juveniles? A. Juveniles are less blameworthy than adults for their criminal conduct B. Society cannot seek to punish juveniles at all C. Because of incapacitation is a better penological goal than retribution for juveniles D. none of the above

A?

A criminal defendant revealed to her defense counsel that she (defendant) committed the crime of arson as charged. Must the defense counsel disclose this revelation to the prosecution? A.Yes B.No

B

A trial court judge sentenced a defendant to a prison term of 25 years to life. What type of sentencing is this? A. Determinate sentencing B. Indeterminate sentencing C. Consecutive sentencing D. Concurrent sentencing

B

An arrest warrant was required and should have been obtained before arresting Defendant A.True B.False

B

Both the prosecution and the defense have limited opportunities for removing a potential juror for challenge for cause. A. True B. False

B

Detective Smith walked up to Don on the street, introduced himself, and said that he was investigating a homicide of Don's boss. Detective Smith said that he just wanted to ask one question and that Don was free to go about his business. Detective Smith asked Don where Don was on the night his boss was killed. Was Detective Smith required to administer the Miranda warnings to Don before asking Don a question? A. Yes, because Don was subjected to an interrogation conducted by law enforcement B.No, because Don was not in custody at the the time of the questioning

B

Does the fact that potential jurors are aware of the defendant's case from negative pretrial publicity automatically lead to a presumption of prejudice? A. Yes B. No

B

From Gideon v. Wainwright:"Not only these precedents but also reason and reflection requires us to recognize that in our __________ of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." A.conciliatory system B.adversary system C.political system D.secretive system

B

How many courthouses are in the US District Court of Southern District of California? A. Two B. Three C. Four D. Five

B

If Officer Chao took the screwdriver and conducted a frisk of the same man, what would make the frisk lawful under Terry v. Ohio? A. The frisk would automatically be lawful because the officer stopped the man. B. The frisk would be lawful if the officer has articulable reasonable suspicion that the man may be armed and dangerous.

B

In Superior Court of California, County of San Diego, Defendant Dawn was tried and convicted for armed robbery and sentenced to serve 10 years in prison. She wants to file an appeal. Which court is the proper court for Defendant Dawn to file her first appeal? A. Superior Court of California, County of San Diego B. California Court of Appeal C. California Supreme Court D. US Supreme Court

B

In a criminal trial, what would NOT count as evidence? I. Arresting officer's responses in a cross-examination II.Prosecutor's opening statement III.Defense counsel's closing argument IV. Defense witness' responses in a direct examination A. I and IV B. II and III C. III and IV D. I, II, and III

B

In what cities are the courthouses of the US District Court, District of Nevada located? A. Carson City and Paradise B. Las Vegas and Reno C. Henderson and Sun Valley D. Enterprise and Spring Valley

B

In which amendment of the US Constitution is the state government's sovereign power preserved? A. Fifth Amendment B. Tenth Amendment C. Fourteenth Amendment D. None of the above

B

It is only when the prosecutor intentionally and in bad faith withholds exculpatory evidence that there is a violation of the defendant's due process rights. A.True B.False

B

Once an officer stops a person on a lawful basis under Terry v. Ohio, the officer may frisk that person automatically and without meeting any legal standard. A. True B. False

B

Preliminary hearings are for those defendants charged with misdemeanors. A. True B. False

B

The articulable reasonable suspicion standard is more stringent and demanding than the probable cause standard. A. True B. False

B

Trial court judge read the charges against deth in open court for the first time and then asked, "How do you plead? What procedure is this? A.Arraignment B.Preliminary hearing C.Discovery D.None of the above

B

What are the Article III courts called? A. Legislative Courts B. Constitutional Courts C. Congressional Courts D. Magistrate Courts

B

What are the higher trial courts called in Florida? A. County Courts B. Circuit Courts

B

What does it mean that Defendant Dan was released on his own recognizance? A.Defendant Dan was required to post bail in a minimum amount to be released from custody. B.Defendant Dan was released from custody without having to post bail. C.Defendant Dan was charged with a capital crime. D.None of the above.

B

What is the meaning of the second Miranda warning that anything said can be used against the suspects in a court of law? A. That the suspects have a constitutional right under the Fourth Amendment B. That the suspects should be aware of the consequence of waiving their right against self-incrimination C.That the suspects do not have a right to counsel D. None of the above

B

When a defendant is adjudged to be "not guilty" after a trial, the prosecution for the charging government may appeal the verdict with an intermediate court of appeal. A. True B. False

B

Which court in Kansas has original jurisdiction over all criminal cases? A. Municipal Courts B. District Courts

B

Which is a mitigating factor in a defendant's case? A. Defendant was the shooter in a murder case B. Defendant was a juvenile when s/he committed the crime C. Defendant has five prior convictions on similar crimes D. Defendant violated probation

B

Which of the following is NOT one of the factors to consider in evaluating whether a defendant's right to a speedy trial is violated? A. Prejudice to the defense due to the delay B. Risk of harm posed to the community while the criminal defendant is awaiting trial C. Length of the delay D. Reason for the delay

B

Which of the following must the defense disclose to the prosecution? A. Defendant's confession of the crime made to her defense counsel in their initial meeting B.Names and addresses of defense witnesses to be called at trial C.Witness statement that she saw the defendant at the scene of the crime D.Defense counsel's notes on her impressions of potential defense witnesses

B

Which party's appeal or petition for review is guaranteed to be accepted and reviewed by the state court of last resort? A. A defendant's petition seeking to overturn the ruling by the intermediate court of appeal B. A defendant's appeal seeking to overturn the death penalty C. The government's petition seeking to overturn the ruling by the intermediate court of appeal D. All of the above

B

Which statement best illustrates the dual court system in the United States? A. The court system in the State of Rhode Island consists of the trial court and the court of last resort B. The federal courts enforce federal laws while the state courts enforce state laws C. Trial courts have trials while appellate courts review cases on appeal D. None of the above

B

Which trial court in Florida has original jurisdiction over felonies? A. County Courts B. Circuit Courts

B

Which trial court in Texas has original jurisdiction over misdemeanors with jail sentence? A. District Courts B. County Level Courts

B

Apple County District Attorney's (DA) decision to file a criminal charge against an Apple County deputy sheriff for fatally shooting an inmate in the county jail on the ground that the deputy sheriff used excessive force illustrates the DA's exercise of ____________. A.abuse of authority B.judicial power C.prosecutorial discretion D.none of the above

C

Dan Doodle is a defendant in a federal felony criminal case for printing and distributing approximately 500 counterfeit $100 bills. A grand jury hearing preceded his case in court. What was the charging document filed against Dan Doodle? A.Complaint B.Information C.Indictment D.Any of the Above

C

Deth was charged, among others, with violating CA Vehicle Code 23152, for driving under the influence of narcotics. Which branch of gov. Enacted CA Vehicle code 23152? A. Judicial branch B. Executive branch C. Legislative branch D.Municipal branch

C

Devon was charged with committing a state crime of residential burglary in Denver, Colorado. Which court has proper jurisdiction to have a trial on Devon's case? A. A state court of last resort in Colorado B. A federal trial court located in Denver, Colorado C. A state trial court located in Denver, Colorado D. A state trial court located in Chicago, Illinois

C

Devon was charged with committing a state crime of residential burglary in Denver, Colorado. Why can't Devon's case be tried in an intermediate court of appeals in Denver, Colorado? A. Because an intermediate court of appeals in Denver, Colorado lacks geographical jurisdiction B. Because an intermediate court of appeals in Denver, Colorado lacks subject matter jurisdiction C. Because an intermediate court of appeals in Denver, Colorado lacks hierarchical jurisdiction D. Because an intermediate court of appeals in Denver, Colorado lacks personal jurisdiction

C

If vish files a civil lawsuit against Deth for injuring him (vish) and damaging his (vish's) car, what would be the case name? A.California v Deth B.Dethv v. California C.Vish v Deth D. Deth v. Vish

C

In a trial for drug possession charge, at the end of the arresting officer's testimony, the prosecutor moved into evidence the heroin found on the defendant. What type of evidence is the heroin? A. Direct testimonial evidence B. Circumstantial testimonial evidence C. Direct real(tangible) evidence D. Circumstantial real(tangible) evidence

C

On what basis did the US Supreme Court find that Barker did NOT suffer prejudice as a result of the delay in starting his trial? A. Barker was in pretrial detention for only ten months B. Barker did not assert the right to a speedy trial at all C. Barker's defense witnesses did not suffer memory loss D.Barker did not experience any anxiety due to the criminal charge

C

Probation least corresponds with which penological goal? A. Rehabilitation B. Retribution C. Incapacitation D. Deterrence

C

The lower courts are bound by which opinion of the US Supreme Court? A.Concurring opinion B.Dissenting opinion C.Majority opinion D.All of the above

C

What is the party requesting review by the US Supreme Court called? A. Respondent B.Appellant C.Petitioner D.Defendant

C

What is the recommended alternative to bail? A. Dentention in all cases without bail B.Dismissal of the criminal charges C. Pretrial Services Agency or pretrial release programs D.None of the above

C

Which attorney represents the federal government in a case before the US Supreme Court? A. Assistant US Attorney B. US Attorney General C. US Solicitor General D. US Attorney

C

Which defendant appealing her conviction has the best chance at establishing her claim that she had ineffective assistance of counsel at her trial? A. Andie, who argued that her trial defense counsel was from the Public Defender's Office and so was automatically ineffective at trial. B.Beth, who argued that her trial defense counsel failed to call Beth's mother as a character witness to the witness stand, and as the result, Beth was convicted of the crime as charged. C.Carly, who argued that her trial defense counsel was totally unprepared for the trial to the extent that the defense counsel mixed up the facts of her case with some other defendant's case and that if it had not been for the defense counsel's incompetency, she (Carly) would have not been convicted. D.Dana, who argued that her trial defense counsel was drunk during the trial to the extent that the defense counsel slurred his words and fell asleep during the trial and that, regardless of the overwhelming evidence against her (Dana), she would have been found "not guilty" if she had been represented by a different defense counsel.

C

Which of the following is a violation of the Brady rule named after Brady v. Maryland? A. Failure of the defense to disclose defense witness statements to the prosecution B. Failure of the trial court judge to order tangible evidence be shown to the jury C.Failure of the prosecution to disclose exculpatory evidence to the defense D.Failure of the prosecution to disclose evidence that incriminates the defendant at trial

C

Which of the following is an example of charge bargaining? A. Prosecutor agrees to change the charge from five counts of robbery to three counts of robbery in exchange for the defendant's "guilty" plea. B. Prosecutor changes the charge from aggravated robbery to simple robbery after the trial court judge's ruling in a preliminary hearing. Defendant pleads "not guilty" to the new charge. C.Prosecutor agrees to change the charge from a felony possession of narcotics to a misdemeanor possession of narcotics and, in turn, the defendant will change her "not guilty" plea to a "guilty" plea. D.Prosecutor agrees to request at the sentencing hearing that the defendant's sentence be limited to two years in prison if the defendant pleads "guilty" to the original charge.

C

Which procedure is NOT open to the public? A.Preliminary hearings in state trial courts B.Trials in federal courts C.Grand jury hearings D.All of the Above

C

Which prosecutor would you most likely see representing the state in the court of last resort? A. Deputy District Attorney B. Assistant City Attorney C. Deputy Attorney General D. None of the above

C

As discussed in Graham v. Georgia, why would a sentence of life without possibility of parole not deter a juvenile from committing a crime? A. The sentence of life without possibility of parole is too lenient to deter a juvenile from committing a crime. B. A sentence more lenient than life without possibility of parole, such a s prison term of 5 to 10 years, is sufficient to deter juveniles from committing crimes C. Due to immaturity and impulsivity, juveniles are less likely to think about the punishment while engaging in criminal conduct D. none of the above

C?

According to County of Riverside v. McLaughlin, in what situation must the judicial probable cause determination take place within 48 hours of arrest? A.When a person is arrested pursuant to an arrest warrant B.When a person is arrested pursuant to a defective arrest warrant C.When a person arrested without an arrest warrant posted bail and is out of police custody D.When a person arrested without an arrest warrant is in police custody

D

According to the US Supreme Court in Terry v. Ohio, what does NOT satisfy the articulable reasonable suspicion standard required for a lawful stop?. A. Hunches B. Unparticularized suspicions C.Feelings D. All of the above

D

According to the US Supreme Court opinion in Douglas v. California, what is the detrimental effect of denying the right to free counsel to indigent criminal defendants filing their first appeals? A. Denial of fairness in judicial process B. Denial of equal protection C. Denial of a meaningful presentation of the case on appeal D. All of the above

D

As mentioned in Mapp v. Ohio, what is the consequence on the general society when the government violates people's constitutional rights? A. government becomes the lawbreaker B.people will have contempt of the law C.people will ignore the law D.all of the above

D

Defendant Rob is charged with a state felony for robbing a gas station and cannot afford to hire a lawyer. Which of the following is the basis for providing Rob a free defense counsel at his trial? A.Fourteenth Amendment of the US Constitution B.Sixth Amendment of the US Constitution C.Gideon v. Wainwright D.All of the above

D

Devon was charged with committing a state crime of residential burglary in Denver, Colorado. Why can't Devon's case be tried in a trial court in Phoenix, Arizona? A. Because a trial court in Phoenix, Arizona lacks subject matter jurisdiction B. Because a trial court in Phoenix, Arizona lacks personal jurisdiction C. Because a trial court in Phoenix, Arizona lacks geographical jurisdiction D. All of the above

D

If deth enter enter a plea of guilty, what would NOT be the next procedure? I.Preliminary hearing II.Trial III.Sentencing IV.Interrogation A. I and IV B. II and III C. I,II, and III D. I,II, and IV

D

In Heath v. Alabama, on what basis did Alabama have jurisdiction to prosecute the defendant when the victim was murdered in Georgia? A. Kidnapping of the victim for the purpose of murdering the victim took place in Alabama B. Alabama law provided that the defendant was prosecutable for murder since the process for committing murder started in Alabama C. Sovereignty of Alabama to enforce its state criminal laws D. All of the above

D

In a case involving felony crimes, which of the following could be the charging document in the case? A.Complaint B.Information C.Indictment D.Any of the above

D

In which court may a party seek an en banc hearing? A. Bankruptcy Court B. US Supreme Court C. US District Court D. US Circuit Court of Appeals of the 2nd Circuit

D

On what basis did the US Supreme Court in Ross v. Moffitt rule that denial of free counsel to represent indigent criminal defendants on discretionary appeals did not violate the defendant's rights? A. It did not violate the Due Process Clause. B. It did not violate the Equal Protection Clause. C. It did not deny adequate opportunity to partake in the appeals process. D. All of the above.

D

The US Supreme Court in Brady v. Maryland equates prosecution's failure to disclose exculpatory evidence to the defense as A."a deliberate deception of court and jury" B."presentation of testimony known to be perjured" C."a violation of the Due Process Clause" D.All of the above

D

What city is a part of the US District Court of Eastern District of California? A.Sacramento B. Fresno C. Bakersfield D. All of the above

D

What did the US Supreme Court aver in Betts v. Brady? A.That a constitutional right considered imperative for a fair trial ought to be incorporated via the Fourteenth Amendment B.That the right to appointed counsel for indigent criminal defendants was not imperative for a fair trial C.That the right to appointed counsel for indigent criminal defendants need not be incorporated via the Fourteenth Amendment D.All of the above

D

What is a custodial interrogation? A. Interrogation conducted by law enforcement B. suspect held in custody C.law enforcement depriving suspect's freedom D.all of the above

D

What is the reason for the exclusionary rule mentioned by the US Supreme Court in Mapp v. Ohio? A. to deter misconduct by law enforcement B.to ensure law enforcement's compliance with the Constitution C. to remove the benefit of obtaining evidence by violating people's constitutional rights D.all of the above

D

What reason did the US Supreme Court mention in Barker v. Wingo for ensuring the right to a speedy trial and avoiding a delay? a. Delay in punishment may impede rehabilitation of the defendant b. Lengthy pretrial detention causes harm to the defendant C. Delay in starting a trial may tempt an out-of-custody defendant to flee D. All of the above

D

What right is provided in the Fourth Amendment of the US Constitution? A. Right against unreasonable search and seizure B. Right to have arrest and search warrants issued upon probable cause of criminal involvement C. Right to have an arrest warrant issued with specific information about the person to be arrested D.All of the above

D

What were the determinative factors in the US Supreme Court's ruling that Skilling's rights were not violated in having the trial in the court with original venue? A. The pretrial media was not particularly memorable or prejudicial for Skilling B. The jury pool in Houston was large in size and diverse in characteristic that the pretrial publicity had minimal impact on Skilling's case C. The trial in Skilling's case was several years after the Enron scandal and the publicity was less intense at the time of the trial D. All of the above

D

Which court is located in Washington, DC? A. US Tax Court B. US Foreign Intelligence Surveillance Court C. US Court of Federal Claims D. All of the above

D

Which court is the highest court in the State of California? A. NY Supreme Court B. US Supreme Court C. California Courts of Appeal D. California Supreme Court

D

Which defendant could be sentenced the death penalty? A. Henry, with an IQ of a 7-year old, convicted for committing first-degree murder with aggravating circumstances at age 25 B. Ike, convicted for committing grand theft at age 20 C. Jim, convicted for committing first-degree murder with aggravating circumstances at age 15 D. None of the above

D

Which of the following is a factor that a prosecutor should NOT consider in filing a criminal charge? A. Strength of the evidence B. Nature of the offense C.Prior criminal history of the offender D.Personal gain to be made from prosecuting a suspect

D

Which of the following is an exculpatory evidence? A.Forensic test result showing that the DNA evidence of the perpetrator found at the scene of the crime is not a match with the defendant's DNA B.Information that a prosecution witness called to testify at trial had lied on the witness stand in another trial two years earlier C.A witness statement that she saw someone other than the defendant commit the crime D.All of the above

D

Which procedural safeguard is necessary to impose the death penalty? A. Bifurcated trial in which the sentencing phase occurs after the guilt phase B. Finding of statutory aggravating factors beyond a reasonable doubt C. Appeal on the death penalty goes directly to the highest court of the jurisdiction D. All of the above

D

Who can file a petition with the bankruptcy court and declare bankruptcy? A. An individual B. A corporation C. A municipality D. All of the above

D

Who was the first woman US Supreme Court justice? A. Sonia Sotomayor B. Ruth Bader Ginsburg C.Elena Kagan D.Sandra Day O'Connor

D

Why must officers administer Miranda warnings to suspects held in custody before interrogating them? A. To make sure that the suspects' Fifth Amendment right against self-incrimination is preserved B. To overcome the inherent coercive nature of incommunicado custodial interrogations C. To ensure that the suspects' statements and/or confessions are truly voluntarily made D. All of the above

D

The Incorporation Doctrine involves using the _____ Amendment to extend certain provisions from the Bill of Rights to all the states.

fourteenth

Courts have the _________ which authorizes them to decide certain legislations to be void on the basis that they are unconstitutional.

power of judicial review