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The term “due process revolution” refers to the: a. Supreme Court’s expansion of individual rights in the 1960s. b. civil unrest that swept the U.S. in the 1960s. c. passage of the Fourteenth Amendment. d. adoption of the fundamental fairness […]

Which of the following is TRUE regarding roving wiretaps? a. Roving wiretaps are court orders that apply to both particular people and particular devices. b. Roving wiretaps are court order that can only be secured in municipal. c. Roving wiretaps […]

DNA testing of incarcerated felons: a. has been declared unconstitutional by the courts that have considered it. b. has been found to be constitutional by the U.S. Supreme Court. c. has been found to be constitutional by the courts of […]

If a witness is attempting to identify a person of another race, the chances of misidentification are increased. a. True b. False In South Dakota v. Opperman (1976), the police conducted an inventory search in which they searched Opperman’s car […]

1. In a constitutional democracy: a. the majority could authorize the police to arrest an individual based on the hunch that he/she committed a crime. b. the majority has total power to determine how much authority the police have. c. […]

1. What is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with? a. Bad evidence b. Good evidence c. Bad methods d. Exclusionary evidence ANSWER: b […]

1. The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under: a. the Bivens rule. b. the Federal Tort Claims Act. c. Section 1983. d. state […]

1. In _______________ cases, prosecutors agree to drop the case before formal judicial proceedings begin, on the condition that suspects participate in and complete a program. a. diversion b. validated c. discretion-laden d. selective ANSWER: a REFERENCES: The Decision to […]

1. Regarding the right to a public trial, which of the following is FALSE? a. It is a personal right that only defendants may invoke. b. The press and public have a right of access to criminal trials. c. The […]

True / False 1. After conviction, a criminal defendant is still presumed not guilty during the appeal process. a. True b. False ANSWER: False REFERENCES: Sentencing LEARNING OBJECTIVES: CRPR.SAMA.15.14.06 – 06 CRPR.SAMA.15.15.01 – 01 2. Throughout history, fixed sentences have […]

1. Thegovernment’suseofextraordinarypower: a. is only limited by necessity. b. is unlimited and can be used for any length of time. c. can be used only when it is absolutely necessary and must be given up when the emergency is over. […]

1. The Sixth Amendment guarantees which of the following? a. The right to be free from unreasonable searches. b. The right against double jeopardy. c. The right to an impartial jury. d. The right to due process of law. ANSWER: […]

1. Until 1967, the U.S. Supreme Court defined searches mainly according to property law. According to the ____________, to qualify as a search, officers had to invade physically a“constitutionallyprotected area.” a. constitutionality doctrine b. privacy doctrine c. trespass doctrine d. […]

1. The objective basis for stops and frisks is: a. the same as for arrests. b. higher than for arrests. c. lower than for arrests. d. the same as for full searches of a person. ANSWER: c REFERENCES: Stop and […]

1. Stops differ from arrests in that: a. they always lead to a frisk or more invasive search. b. they produce written records of the police action. c. they occur in public places and are shorter in duration. d. they […]

1. WhichofthefollowingisNOToneoftherequirementstosatisfytheFourthAmendment’swarrantrequirement? a. Reasonable suspicion b. Particularity requirement c. Probable cause affidavit d. Knock-and-announce rule ANSWER: a REFERENCES: Searches with Warrants LEARNING OBJECTIVES: CRPR.SAMA.15.06.02 – 02 2. The Fourth Amendment particularity requirement for search warrants: a. does not require a […]

1. The Fourth Amendment: a. applies only to criminal cases. b. protects just those in criminal cases. c. limits the right to search to the gathering and use of evidence in criminal cases. d. includes searches which go beyond the […]

Chapter 08: SELF-INCRIMINATION SELF-INCRIMINATION Powered by Cognero Page 1 ANSWER: False REFERENCES: Miranda v. Arizona LEARNING OBJECTIVES: CRPR.SAMA.15.08.04 – 04 True / False 1. The right to remain silent is an ancient right. a. True b. False ANSWER: True REFERENCES: […]

1. Which of the following are major procedures used by the police to help eyewitnesses identify suspects? a. A confrontation, a photo identification, a lineup, and/or a show-up. b. A photo identification, a lineup, and/or a show-up. c. A confrontation, […]

According to the Supreme Court in Ballewv.Georgia: a. a five person jury satisfies the Sixth Amendment b. a five person jury does not satisfy the Sixth Amendment c. it’s not clear whether a five person jury is constitutional d. a […]

One of the primary differences between interrogating criminal suspects and suspected terrorists, which impacts whether the interrogation techniques are legal is: a. the suspected terrorist will most likely be a noncitizen and the criminal suspect most likely be a citizen. […]

Prosecutors and defense attorneys can remove potential jurors without having a reason using the: a. peremptory challenge. b. challenge for cause. c. voir dire. d. exemption from service objection. The US Supreme Court has held that a citizen can have […]

Research indicates that most eye witnesses to crimes are very good at acquiring accurate information while the crime is being committed. a. True b. False Research indicates that mandatory minimum sentences actually introduce disparity in sentencing. a. True b. False […]

The court’s holding is: a. also called a judgment. b. found in the case’s procedural history. c. the legal rule the court applied to the facts of the case. d. the also called the majority opinion. Research by psychologists shows […]

In which of the following situations have the courts found a use of unreasonable force? a. Police dog grabbed and held a defendant’s arm until the police arrived. b. Use of pepper spray on an armed suspect. c. Binding a […]

By the early 1970s, there was a consensus among law enforcement officials, prisoners’ groups, reformers, and bureaucrats that indeterminate sentencing should be replaced with a more determinate sentencing system. a. True b. False According to research by sociologist Richard Leo, […]

An appeal from a trial court’s judgment of conviction: a. is considered a direct attack. b. can be taken multiple times. c. can only be taken if the trial court certifies there are important issues for the higher court to […]

The court considered all of the following in Board of Education v Earls(2002) except: a. the ramifications of a failed UA on the student (for example, legal sanctions, academic discipline). b. the type of extra-curricular activity the tested students wanted […]

According to Justice William Brennan, by the 1970s, the incorporation doctrine had virtually no impact on law. a. True b. False The U.S. Supreme Court has used the due process clause of the Fifth Amendment to extend most of the […]

Which of the following is TRUE? a. Every state and the federal government now have statutes that mandate DNA testing of all incarcerated felons. b. Every state and the federal government now have statutes that mandate DNA testing of all […]

Although it is the highest court in the land, the U.S. Supreme Court depends on local courts and the police to apply its decisions to daily situations. a. True b. False There is consensus today that it is possible to […]

To claim successfully that their Fifth Amendment right against self-incrimination was violated, defendants have to prove three elements. Which of the following is NOT one of these three elements? a. Compulsion b. Abuse by law enforcement officers c. Testimony d. […]

A valid plea cannot be assumed from a silent record. a. True b. False The Supreme Court has ruled that which test or standard applies to evaluating the meaning of interrogation under the Fifth Amendment right guarantee against compelling individuals […]

In California v. Acevedo (1991), the Court ruled that officers with probable cause but without warrants can search containers inside vehicles: a. never ” this is not permissible. b. only with apparent authority consent. c. only with actual authority consent. […]

The right against unreasonable searches and seizures is limited to criminal suspects. a. True b. False Which of the following is TRUE regarding the knock-and-announce exception? a. This exception permits the admission of evidence seized during searches of homes, even […]

Which of the following is NOT one of the three variables included by psychologists in the Manson reliability test of eyewitness identification? a. The eyewitness’s opportunity to view the criminal. b. The amount of attention the witness paid to the […]

Most cases demand that arrest warrants identify the person to be arrested: a. with absolute certainty. b. in sufficient detail so that it leaves nothing to the discretion of the arresting officer. c. with reasonable certainty. d. by name. A […]

In Berkemer v. McCarty, the case involving whether Mirandawarnings must be given to stopped motorists, the Court: a. recognized a misdemeanor offense exception to Miranda. b. said all motorists must be Mirandizedwhen stopped. c. said a motorist never has to […]

According to the Supreme Court’s decision in Miranda v. Arizona, waiver of the Miranda rights may be presumed either by silence following warnings or from an eventual confession. a. True b. False The Fourth Amendment: a. has a specific provision […]