CJL Final Q's

Courts usually require police officers to wait how long after announcing their presence before entering premises to execute a search warrant?

10-20 seconds

Between this and this percent of all state and federal felony convictions are obtained by a defendant entering a negotiated plea of guilt.

85-95 percent

In a(n) ________ plea, a defendant pleads guilty while claiming innocence.

Alford plea

In 1963 the U.S. Supreme Court held that "the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or punishment, irrespective of the good faith or bad faith of the prosecution." This is commonly referred to as the:

Brady rule

Which of the following is not an exception to the Fourth Amendment's warrant requirement?

Curtilage searches

Any evidence that may be favorable to the defendant either by tending to cast doubt on the defendant's guilt or by tending to mitigate the defendant's culpability is called:

Exculpatory

Mapp and Miranda violations are a major source of case attrition.

False

Once a plea agreement has been reached between the prosecutor and defense, judges must accept the defendant's plea.

False

Plea bargaining is a direct result of inadequate court resources.

False

Pre-trial motions to suppress evidence happen on a regular basis and are often successful.

False

The defendant who acts as his own counsel during plea bargaining may appeal if it is later determined that a viable defense was available and the defendant was not aware of it at the time of the plea.

False

The ________ Amendment to the United States Constitution provides that "the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated."

Fourth

This 1961 U.S. Supreme Court decision made the exclusionary rule applicable to the states:

Mapp v. Ohio

Which of these procedures requires officers to give individuals the Miranda warnings?

Obtaining a written statement

When a law enforcement officer is legally in a place in which he or she sees contraband or other evidence that provides probable cause to believe criminal activity is afoot, the evidence may be seized without a warrant pursuant to which doctrine?

Plain view

Which of the following suppression motions would require the prosecution to bear the burden of proving the constitutionality of the action?

Request to exclude a confession allegedly obtained without Miranda warnings being given.

Which of the following is not one of the rights waived by a defendant when entering a guilty plea?

Right to counsel

Many of the key bargaining mechanisms - specifically, the charges filed and the charges the defendant is allowed to plead to - are controlled by this person.

The prosecutor

A trial is a mutual penalty that all members of the courtroom work group seek to avoid.

True

It is not a violation of due process for a prosecutor to threaten defendants with other criminal prosecutions as long as the prosecutor has probable cause to believe that the accused has committed the offense.

True

Miranda v. Arizona is the Warren Court's most controversial decision extending constitutional rights to those accused of violating the criminal law.

True

The debate over the exclusionary rule reflects the differences between the crime control and due process models of criminal justice.

True

There is no general constitutional right to discovery in a criminal case.

True

In the case of Katz v. United States, the Supreme Court ruled that these "are per se unreasonable under the Fourth Amendment subject only to a few specifically established and well-delineated exceptions."

Warrantless searches

In order to plead guilty pursuant to a plea agreement, the defendant must admit in open court to the conduct central to the criminality of crimes charged. This is called:

an allocution

When a prosecutor allows a defendant to plead guilty to a less serious charge than the one originally filed it is referred to as a(n):

charge bargain

When a defendant accused of three separate burglaries pleads guilty to one burglary count and the two remaining criminal charges are dismissed, it is referred to as a:

count bargain

The defense attorney's main resource in negotiating a plea agreement is his or her knowledge of the:

courtroom workgroup

The exclusionary rule operates to exclude ________ evidence because it is considered to be "fruit of the poisonous tree."

derivative

The informal and formal exchange of information between prosecution and defense is referred to as:

discovery

Efforts to control discretion in one stage of the criminal justice system usually results in:

displacement to another part of the process

The ________ rule prohibits the prosecutor from using illegally obtained evidence during a trial.

exclusionary

Circumstances "that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of a suspect, or some other consequence improperly frustrating legitimate law enforcement efforts" are known as ________ circumstances.

exigent

In the ________ court system, judges are prohibited from being involved in plea negotiations.

federal

Recent research has shown that the "jury trial penalty" for a defendant found guilty at trial will often be more than ________ severe than the expected sentence for the same offense for a guilty plea.

five times more

The Constitution limits reciprocal discovery in criminal cases because criminal defendants:

have the right against self-incrimination

In Giglio v. United States (1972), the Supreme Court clarified the Jencks Act by ruling that all ________ evidence must be disclosed to the defense.

impeachment

Illegally obtained evidence is admissible if it would have ________ been discovered by lawful means.

inevitably

Exculpatory evidence is considered ________ only if there is a reasonable probability that if the evidence had been disclosed to the defense, the result of the proceeding would have been different.

material

In order to be valid, a search warrant authorizing a law enforcement officer to conduct a search must be signed by a:

neutral judicial officer

While a plea of ________ has the same result in criminal proceedings as a plea of guilty, it cannot be used in subsequent civil proceedings as a defendant's admission of guilt.

nolo contendere

To improve their bargaining position, some prosecutors deliberately:

overcharge

Warrants should be as detailed as possible to make sure they fulfill the ________ requirement of the Fourth Amendment.

particularity

During trial, a number of unexpected events can occur, most of which work to the detriment of the:

prosecutor

The ________ that are held by courtroom workgroups, provide a baseline for disposing of specific cases.

shared norms

Considerable evidence shows that plea bargaining became a common practice in state court sometime after:

the Civil War

By the time a case reaches the trial stage, the courtroom workgroup presumes that:

the defendant is probably guilty.

In Santobello v. New York (1971), the Supreme Court held that when a prosecutor does not fulfill a promise made to induce a plea agreement:

the defendant may withdraw the guilty plea

Defendants ________ receive fewer concessions during bargaining than do others.

with prior convictions