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 doctrine by the Court in the 1930s.
Military Commissions:
a. follow all the same procedures and rules as Article III courts.
b. have jurisdiction over citizens and non-citizens
c. operate under relaxed rules of procedure and proof compared to Article III courts.
d. also try members of the U. S. armed forces when they violate the Uniform Code of
Military Justice.
About 20% of defendants charged with petty offenses are released with a written
promise to appear in court, which includes the charges and the court date, which the
defendant signs, without admitting guilt. This is referred to as:
a. Waiver of Bail Release
b. R.O.R. (Released on Recognizance)
c. Conditional Ticket Release
d. Unsecured Bond Release
The Supreme Court has ruled that stopping travelers at fixed checkpoints for brief
questioning about their citizenship or immigration status is constitutional.
a. True
b. False
In Berkemer v. McCarty, the case involving whether Mirandawarnings must be given to
stopped motorists, the Court found that:
a. a misdemeanor exception to Mirandawould pose too many administrative problems
for courts and police.
b. all stopped motorists should be given Miranda.
c. the motorist should have been Mirandizedwhen the police officer decided that the
driver was eventually going to be arrested.
d. a misdemeanor exception to Mirandashould be recognized.
According to the Supreme Court with regard to appeals, states:
a. must allow one appeal as a matter of right in all criminal cases.
b. must allow one appeal as a matter of right in all felony cases.
c. must allow one appeal as a matter of right in all criminal cases to which the right to a
jury trial attaches.
d. need not provide any appeal at all.
According to the Supreme Court opinion in Terry v. Ohio, a stop justified at its
beginning can:
a. be justified on mere hunches alone.
b. only be done for violent crimes.
c. become unjustified by being too extensive in scope.
d. have any scope the stopping officer wants.
The U.S. Supreme Court has increasingly denied petitions for writ of certiorari thus
reducing the number of cases it will review. The following two doctrines limit the scope
of state appellate review:
a. the raise-or-waive doctrine and the collateral consequences doctrine.
b. the mootness doctrine and the collateral doctrine.
c. the mootness doctrine and the raise or waive doctrine.
d. the mootness doctrine and the plain-error rule.
An officer conducting a protective pat-down search can never seize any items other
than weapons.
a. True
b. False
The citation of a case includes what information?
a. The court reporting the case.
b. The date the case is decided and the court reporting the case.
c. The date the case is decided, the decision the court reached, the court reporting the
case, and the court that the case is appealed from.
d. The decision the court reached, the court reporting the case, and the court that the
case is appealed from.
What goes on during interrogation:
a. is widely known.
b. occurs in private and hence is not widely known.
c. cannot be secret because the law requires its publication.
d. police readily reveal to their superiors and to courts.
After an arrest, which of the following do the police NOT commonly do?
a. take DNA samples from the arrested person
b. fingerprint the suspect
c. interrogate the suspect
d. search the suspect
Which of the following is TRUE regarding probationers and parolees?
a. Both groups have the same Fourth Amendment rights as ordinary citizens.
b. Parolees can be searched without either probable cause or warrants.
c. Probationers can be searched without warrants but not without probable cause.
d. The Fourth Amendment rights of probationers and parolees has not been addressed
by the courts.
The right to counsel attaches:
a. when the government files formal charges against defendants.
b. as soon as police investigation focuses on a particular suspect.
c. only at the trial.
d. only after arraignment.
According to the Supreme Court in Mapp v. Ohio, leaving the Fourth Amendment’s
protection from illegal searches and seizures to solutions other than the exclusionary
rule had been effective.
a. True
b. False
There is a bright line difference between an arrest and a stop.
a. True
b. False
If an individual is arrested and the prosecutor decides to charge them with a crime, they
do so by:
a. notifying by memo the judge who, if the case goes to trial, will probably preside.
b. notifying by memo the lawyer representing the accused.
c. filing a complaint, information, or indictment with the court.
d. notifying the accused by letter.
The right to remain silent can be traced back in history to the:
a. Magna Carta.
b. laws of Moses embodied in the Talmudic law.
c. Articles of Confederation preceding the adoption of the United States Constitution.
d. Preamble of the Stamp Act.
During which of the following stages of the criminal process does an individual NOT
have a right to counsel?
a. Custodial interrogation
b. Search following arrest
c. Pretrial hearings
d. Arraignment
Which of the following types of police questioning are excluded from the
Mirandarequirements?
a. Only volunteered statements are excluded.
b. Only questioning of individuals in the fact-finding process is excluded.
c. Only questioning at the scene of a crime is excluded.
d. Questioning at the scene of a crime, volunteered statements of any kind, questioning
of individuals in the fact- finding process, and questioning that is part of an
investigatory stop.
The exclusionary rule does not apply to:
a. the government’s case in chief.
b. any part of the trial on guilt or innocence.
c. cross-examination of the defendant.
d. capital punishment trials.
The need to protect police from possible danger is not a justification for inventory
searches.
a. True
b. False
Which of the following acts is statistically the single greatest cause of injury to women
in America?
a. Homicide by strangers
b. Domestic violence
c. Drinking and driving
d. Sexual assault
In habeas corpus actions the:
a. petitioner names the state as a party.
b. title of the case has names of individual parties and not the state or government.
c. court is a party to the petition.
d. government sues an incarcerated or detained prisoner.
In a sneak-and-peek search warrant:
a. law enforcement officials first serve the warrant on the occupants but conduct the
actual search while the occupants are not present.
b. law enforcement officials seek a search warrant after they first conduct a warrantless
search of the premises in order to look around.
c. because of the danger involved, officers get a special warrant that allows them to
sneak into the place to be searched without first knocking on the door to serve the
warrant.
d. allow officers to enter a privately owned place without the owner or occupant
consenting or even knowing about it.
When an official takes a person into custody and holds him for anywhere between a few
hours to a few days to answer for a criminal charge, the official has conducted:
a. a stop.
b. a detention.
c. a custodial arrest.
d. imprisonment.
According to your text, which of the following subjects is not a primary object of study
in a criminal procedure course?
a. Equal protection of the law
b. Criminal law
c. Procedural due process
d. Fundamental fairness
There is considerable evidence that people are poor at identifying:
a. members of another race.
b. members of their own race.
c. people with the same hair color as they have.
d. people with physical characteristics that are very different than their own.
A(n) ________search involves searching prisoners, probationers, parolees, and visitors
and employees of prisons and jails to control contraband.
a. inventory
b. custody-related
c. border
d. inspection
The Supreme Court has ruled that a state statute which permits police to require a
suspect disclose his identity during a Terrystop or face prosecution for failing to answer
is:
a. unconstitutional because people are not obliged to respond to an officer’s questions.
b. unconstitutional because it violates the Fifth Amendment privilege against
self-incrimination.
c. constitutional because it is rationally related to the purpose and practical demands of
a Terrystop.
d. constitutional only if the state supreme court has ruled that it is.
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 __________.
When an officer arrests a suspect for a felony, what are the steps that typically occur
after the arrest?
According to the open fields doctrine, the protected and immediately surrounding area
around a house is known as _______ .
When police learn facts not from their observation but from what other people tell
them, this is called __________.
The vehicle or automobile exception is an exception to the requirement that police have
a(n) ________before conducting a search.
Panels made up of military officers to try U. S. military personnel for violations of the
Uniform Code of Military
Justice are termed_________________.
The idea that due process guarantees fair procedures for deciding cases is called
_________.
Describe the difference between formal and informal criminal procedure, and explain
why both are essential to crime control in our constitutional democracy.
Consent searches do not require probable cause or a warrant in light of ________.
Identify the two steps in the totality of circumstances due process test of admissibility
of eyewitness identification created by the U.S. Supreme Court. Identify and describe
the five circumstances in the totality of circumstances due process test you identified.
Specifically saying that you give up your rights is called a(n) ________waiver.
Briefly trace the history of due process from the adoption of the U.S. Constitution to the
present.
Attorneys for both sides can remove prospective jurors from the jury panel by
______________.
Identify and describe the differences between two kinds of state civil lawsuits against
individual state officers.
The idea that evidence that has been illegally obtained, but would have eventually
found through constitutional means should thus not be excluded by virtue of the
exclusionary rule is ______ exception.